A/HRC/15/46 investigating judge of the Ratanakiri Provincial Court dropped the case in March 2009, it is far from clear how charges of incitement could have been justified in the first place: incitement to claim one’s human rights through the courts is not and should never be a crime under any law. Furthermore, the same businesswoman had also lodged a complaint with the Bar Association of Cambodia against the seven lawyers from CLEC and three lawyers from Legal Aid Cambodia. She alleged that the lawyers incited the villagers to file complaints against her, encouraged them to defame her, and gave false information to the media. Reportedly, the Bar Association had initiated inquiries concerning the 10 lawyers, but decided eventually to drop the case when the Bar Association came under criticism from both national and international human rights organizations. While the land dispute remains unresolved, her company has undertaken its agricultural development activities on the land. 47. The reasons why the judiciary does not enjoy the reputation it should are manifold. Some of this is attributable to the historical legacy of the Khmer Rouge period.4 A variety of other factors contribute to this: 48. First, the absence of the law on the status of judges and prosecutors which would provide them with the protection, security of tenure and independence that they need to discharge their responsibilities in an effective and independent manner. 49. Second, the absence of the Law on the Organization and Functioning of the Courts seems to have had a detrimental impact on the effectiveness and independence of the judiciary in providing speedy and impartial justice. This law is needed to achieve a degree of unity, cohesion and certainty within the system of justice. The legal and judicial reform programme, which is part of the Government’s “Rectangular Strategy” provided for the enactment of this law, but this has not yet materialized. 50. Third, many judges and lawyers, particularly of the older generation, do not seem to have a proper grounding in the fundamental principles of the rule of law and international law standards expected of a judge. There are relatively few eminent senior jurists in the country. Inadequate legal education and training of judges and prosecutors about the fundamental principles of natural justice, the rule of law and international standards of fair trial have contributed to making the judiciary a weak institution in the structure of governance. 51. Fourth, people seem to be generally fearful of courts partly due to corruption and partly due to the manner in which the court system operates. There are not enough defence lawyers in criminal cases and the conviction rate is very high. In a very high proportion of cases the accused are convicted by courts on the basis of confessions extracted in police custody, often under duress. There are a large number of poor people involved in land disputes, but since such disputes are civil cases there is no provision for legal aid from the State even for the poor. There are not enough women police to investigate crimes against women. There is no provision for proper training in forensic science for the judicial police, prosecutors and investigating judges. There is no clear differentiation between the prosecutors and judges, and Cambodians have difficulty in understanding their respective roles. 52. Fifth, corruption seems to be widespread at all levels in the judiciary. Because the laws needed to protect the judges are not there, the judges are treated as civil servants and seem to rely on patronage and political protection rather than on the laws for the security of 4 During the Khmer Rouge period the judiciary was systematically dismantled - most of the judges and lawyers were killed and law books were destroyed. 13