A/HRC/15/46
task of assisting the judiciary. Government departments or Ministers should not have
any role in controlling and influencing the work of the judiciary.
88.
The clerks and other court officials should be under the direct control of the
relevant courts rather than under the control of the Ministry of Justice.
89.
There should be provision for proper training in forensic science for the
judicial police, prosecutors and investigating judges.
90.
There should be provision for legal aid from the State for the poorest of the
poor and other people belonging to vulnerable and marginalized groups.
91.
The concept of model courts should be expanded and they should be provided
with more resources to enable them to function as real model courts.
92.
Every court should have its own registrar and have a proper system of
record/file keeping. The judges themselves should not keep the case files with them
nor move to other courts with such case files when transferred to another court.
93.
The courts should pursue a more transparent policy in releasing copies of
judgments and other court papers to the relevant parties.
94.
The Government and other State institutions should recognize the importance
of complying with the division of tasks between Cadastral Commissions and courts, in
accordance with the provision in Article 47 of the Land Law 2001.
Judiciary and the freedom of expression
95.
The Government should review the new Penal Code with a view to ensuring its
compliance with the permissible limitations to freedom of expression as stated in the
1966 International Covenant on Civil and Political Rights (ICCPR).
96.
The judiciary should apply the Press Law in relation to journalists and allow
for retractions, corrections and right of reply before resorting to legal proceedings
against journalists for publishing information that is deemed incorrect or harming
reputations of individuals or even threatening national security or public order. Legal
proceedings in these cases should be civil lawsuits and not criminal ones.
97.
Public figures should be prepared to tolerate more criticism and avoid using
the courts to silence critics as part of a healthy democracy. Untruth is better fought by
truth, rather than intimidation through court action. Government departments could
employ spokespersons to rebut any criticisms of governmental policy or react to any
media story uncomfortable to people in public positions rather than resort to criminal
proceedings.
98.
Defamation and disinformation should be decriminalized altogether.
Statements deemed threatening to national security must be interpreted in line with
Cambodia’s ICCPR obligations.
99.
The concept of “threat to public order” should be defined in the narrowest
terms possible by the laws and the judiciary with the aim of allowing for freedom of
expression. In their decisions, judges should demonstrate in actual terms how a
particular statement or expression has or will threaten public order. Any such claims
made in the abstract should not be entertained by courts.
100. Judges and prosecutors should receive adequate training in human rights law
and on interpreting domestic laws in compliance with international human rights
standards under the international human rights treaties to which Cambodia is a
party.
19
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