A/HRC/7/56
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28. Renewed and active efforts by the Office to establish a working relationship with the
President of the Governmental Cambodian Human Rights Committee during the last quarter
have evoked no response.
D. Impunity
29. Combating impunity is one of the main priorities of the United Nations High Commissioner
for Human Rights worldwide. Since November 2007, the Office has started to monitor the
proceedings of the Extraordinary Chambers in the Courts of Cambodia (ECCC), set up to try
senior Democratic Kampuchea leaders and those most responsible for crimes committed during
the dark period (1975-1978). The role of the Office in this respect is to follow the ECCC
proceedings so as to identify good practices and model proceedings that could be imported as
sources of awareness, education and inspiration for judges, prosecutors and lawyers in the wider
justice system, and to contribute to a dynamic that will address crimes of recent years which are
still unpunished.
30. Impunity has been identified by previous Special Representatives of the Secretary-General
for human rights in Cambodia as the single most important obstacle undermining the rule of
law in Cambodia. In this regard, 2007 has witnessed positive developments in addressing some
of the crimes of the past. On the positive side, the authorities moved to arrest three former
Khmer Rouge soldiers accused of implication in the murder of a British mine clearance expert
and his Cambodian interpreter in 1996.
31. During the summer, the ECCC adopted its internal rules, proceeded to arrest four
additional leaders of the former Democratic Kampuchea, and held its first hearing in the case of
the former head of the notorious S-21 interrogation and execution centre. These developments
have created a new, more positive dynamic at the ECCC, which has facilitated cooperation
between the Cambodian and international elements and has had widespread resonance with the
public; for the first time in the country’s history, senior public officials are being brought to
account for their past crimes.
32. The year 2007 has however witnessed serious setbacks or lack of progress in bringing to
justice those responsible for a long list of unsolved killings since 1993. Of this list, the case of
trade union leader Chea Vichea is only the most well-known. These cases, as well as the
phenomenon of impunity, its roots and adverse consequences for the rule of law and justice in
Cambodia, were analysed in detail in a 2005 report of the Special Representative of the
Secretary-General for human rights in Cambodia, which remains a landmark contribution to
understanding the continuing patterns of impunity in Cambodia.
33. In April 2007, the Office monitored the appeal of Born Samnang and Sok Sam Ouen, the
two men convicted of the murder of Chea Vichea. The court of appeal decided to uphold the
convictions, in spite of the overwhelming body of evidence indicating that the men are innocent.
The case is emblematic for what it reveals about impunity for crimes which appear to possess
a political dimension, the independence of the judiciary, the ability of the courts to render
effective remedies for human rights violations and for the underlying concern it raises about
trade union freedoms in Cambodia. In addition to the Chea Vichea murder and the murder of
Ros Sovannareth in 2004, the Office monitored the case of a third murdered trade union leader,
Hy Vuthy, in March 2007. Mr. Hy was the local president at a factory in Phnom Penh of the
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