A/HRC/15/46
with full-time members, would allow for increased capacity, allowing the Assistance
Team created in 2009 to be disbanded.
Other legal and judicial reform
76.
The capacity of the Court of Appeals should be seriously enhanced to enable it
to resolve its enormous backlog and manage new cases in a proper, timely and orderly
manner. Additional courts of appeals covering one or more provinces should also be
considered. The Court of Appeals in Phnom Penh should have more courtrooms and
more resources to support its activities.
77.
The Government should respect the independence of lawyers. The law on the
Bar should be amended accordingly.
78.
The Bar Association itself should not interfere in the work of lawyers. The
lawyers should be free to decide for whom to provide their legal services. Only the
manner in which the legal services are provided should be the matter for regulation
by the Bar Association in order to maintain standards of professional ethics. The code
of conduct for lawyers should be amended accordingly.
79.
The Bar Association should support and protect public interest lawyers, whose
role is crucial in promoting justice in the country.
80.
The international development partners of Cambodia should increase their
financial support to legal and judicial reform and assist the Bar Association to provide
legal aid to the needy.
81.
There should be a substantial increase in the budget devoted to justice. The
Government should fund legal education for more people, especially from poorer and
disadvantaged backgrounds.
82.
The process of admission to the training school to become judges and
prosecutors should be more transparent and competitive (perhaps through entrance
examinations) and be supervised by an independent external body consisting of
representatives from the judiciary, the Bar Association, and the faculties of Law in
Cambodia. There should be a provision for scholarships for people from
disadvantaged groups on merit to enable them to enter the legal profession.
83.
The Government should accelerate the process of drafting the administrative
code and administrative procedure code.
84.
There should be provision for legal education and training for the judicial
police who have an important role to play in the conduct of criminal investigations.
85.
The Government should ensure that those who are arrested and detained have
proper legal representation and immediate access to a lawyer. The Criminal
Procedure Code should be amended to ensure that a person accused of committing a
crime should have a legal representative present during police questioning.
86.
The country should provide for special protection for people belonging to
special groups, such as a separate juvenile justice system and should have provision
for a family court.
87.
The Government should have a more coherent policy and a consolidated
mechanism in place to assist the judiciary. Such a policy should be designed to avoid a
dual role for government departments in this regard. For this, the role of the Ministry
of Justice should be strengthened and it should be provided with more resources in its
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