A/HRC/15/46
their jobs. This has resulted in individual judges and prosecutors compromising their
independence.
53.
Sixth, the judicial proceedings have been used by the rich and powerful in many
cases to dispossess, harass and intimidate the poor as well as their lawyers and those
working for them in the civil society sector.
54.
Seventh, the lack of human, budgetary and physical infrastructure-related resources
seems to be seriously hindering the work of the judiciary. The judiciary is chronically
underfunded, under-resourced and understaffed in Cambodia. Prosecutors do not have
enough funds to order proper scientific investigation of crimes. Hence, the tendency is to
rely on confessions extracted from the accused by the judicial police. The judicial police
themselves are not properly trained in criminal investigations, and frequently use constraint
or force to obtain confessions of guilt.
55.
Eighth, the ratio of lawyers and judges per head of the population in Cambodia is
very low. This is particularly concerning in a system where, without lawyers, one cannot
have access to the court files. What is more, most judgments are treated as confidential.
There is only one Court of Appeal in Phnom Penh and the poor cannot afford to travel to
the capital city for justice. Even the State machinery does not seem to have adequate budget
to transfer inmates to Phnom Penh for their appeal hearing. As a result, many appeal
hearings take place without the presence of the accused or even their lawyers.
56.
The process of legal and judicial reform is an ongoing process in any country. The
Government in Cambodia has significantly improved access to legal and judicial
information, and various programmes are under way to improve the system through a
variety of means such as the publication of legal texts and court decisions. The functioning
of the judiciary has been enhanced through interactive and accelerated training programmes
and the implementation of the Model Court Project, the building and renovation of court
houses, the deployment of Justice Houses for legal services at district level and the
establishment of various mechanisms such as arbitration tribunals for labour disputes.
57.
Legal education has undergone a major overhaul in the past 15 years with major
investments by the Government of France in the training of law students, the drafting of the
new penal code and code of penal procedure, and the establishment of the Royal Academy
to train magistrates; by the Government of Japan to draft the civil code and code of civil
procedure and to support the establishment of the Lawyers Training Centre; and by the
Government of Australia through its Cambodian Criminal Justice Project focusing on crime
prevention, community safety, court and correctional reform and police training. In 2005,
the Royal Academy for the Judicial Professions incorporated training of court clerks,
prosecutors and bailiffs. The establishment of the Royal Academy is a key factor to
improve the professional training of judges and prosecutors. Other structural problems will
have to be addressed by the three main organs of the State, and the executive needs to make
legal and judicial reform a top priority in order to deliver much-needed and long-awaited
justice to ordinary Cambodians.
Extraordinary Chambers in the Court of Cambodia
58.
The Extraordinary Chambers in the Court of Cambodia (ECCC) is a Cambodian
court with the participation of international judges and prosecutors. After a rather slow
start, the ECCC made good progress and completed the trial of its first case. The hearings,
against Kaing Guek Eav alias “Duch”, who was the commander of the regime’s central S21 Security Centre, concluded in November 2009. The verdict was delivered on 26 July
2010, convicting him and passing a sentence of 35 years’ imprisonment on him. The
hearings demonstrated to the national and international community that the ECCC is
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