A/HRC/15/46
IV.
Independence and competence of the judicial system in
Cambodia
A.
The current court system
19.
The court system consists of the Supreme Court, an appellate Court, 19 provincial
courts, 2 municipal courts, and a military court. Three provinces have no courts; cases from
these provinces are heard by the neighbouring provincial courts. The twelve-judge Appeal
Court, located in Phnom Penh, hears all cases appealed from the courts of first instance.
Three-judge panels conduct complete re-trials on questions of fact and law and may
conduct additional investigations. The Supreme Court is composed of a President, a VicePresident and several judges. A five-judge panel hears questions of law for cases appealed
for the first time from the Appeal Court and a nine-judge panel hears questions of fact and
law in the case of a second appeal, where the Appeals Court did not follow the cassation
judgment of the Supreme Court. The Court also hears general revision complaints against
final and binding verdicts, on the basis that new evidence has emerged which establishes
the innocence of the convicted person and was not available at the time of the trial. Judicial
appointments are made by the Supreme Council of Magistracy, which is also responsible
for discipline within the profession. Training of court professionals is undertaken by a new
Royal Academy for the Legal Profession, which contains a School for Judges (including
prosecutors1) and a School for Clerks. There is a professional Cambodian Bar Association
but no association of judges.
B.
Legal framework for an independent judiciary
The Constitution
20.
The 1993 Constitution of the Kingdom of Cambodia states in article 128 that the
judiciary shall be an independent power that shall guarantee and uphold impartiality and
protect the rights and freedoms of the citizens. Article 129 states that justice is exercised in
the name of the citizens of Cambodia in accordance with the procedures and laws in force.
Only judges have the right to adjudicate and shall exercise their duties wholeheartedly and
conscientiously with due respect for the law. Article 130 states that judicial power shall not
be granted to the executive or legislative branches and article 131 that criminal prosecutions
are the sole preserve of the Department of Public Prosecutions. Article 132 of the
Constitution gives the King the role of guarantor of the independence of the judiciary and
mandates the Supreme Council of Magistracy to assist him in this task.
Other legislation
21.
The Constitution requires that the statuses of judges and prosecutors be defined in
separate laws. This legislation has still not been adopted. The draft law is currently stalled
for a number of reasons. One of them seems to be the disagreement between the Supreme
Council of Magistracy and the Ministry of Justice about the Ministry’s role in controlling
prosecutors: the Ministry proposes that it should control the Department of Public
Prosecutions in line with practice in France; the Supreme Council claims that since
prosecutors are judges and judges are independent under the Constitution, they should come
1
6
In line with the French civil law system, prosecutors have the status of judges (magistrats debouts)
alongside presiding judges (magistrats assis). The School trains both prosecutors and judges for both
civil and criminal jurisdictions.
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