A/HRC/36/61
threats, violence and intimidation of the parties involved. The complexity of land titling and
the necessity of adequately compensating land users and owners when concessions are
granted notwithstanding, it appears that more needs to be done to ensure that compensation
packages are fully understood by potential recipients and to ensure that all land disputes are
resolved through a process free from threats, violence and intimidation.
53.
The position of communities in Stung Treng Province affected by the hydropower
dam (see A/HRC/33/62, para. 17) is particularly pressing as flooding is scheduled to
commence in July 2017. Some villagers, including indigenous peoples, are refusing to
relocate due to the perceived inadequacy and inappropriateness of the offers made. The
Government should continue to review land concessions. Where there are concessions,
there must be thorough consultations with all stakeholders, informed consent and
understanding of compensation packages for dispossessed persons, and allocation of
appropriate and adequate relocation sites, when applicable.
VI.
Administration of justice
54.
The Ministry of Justice continues to work on its programme of reforms and there is
mounting pressure for more immediate results from the reform process (see A/HRC/33/62,
para. 44). It is acknowledged that reforming the administration of justice is complex and
should not compromise the actual or apparent independence of the judiciary. A number of
high-profile cases during the reporting period have highlighted the disparate evidentiary
standards used in courts. A few articles in the Code of Criminal Procedure address
evidentiary requirements — articles 118, 127 and 321, for example. However, it appears
that different judges apply different evidentiary standards of proof. Everyone charged with
a criminal offence has the right to know and challenge the evidence against him or her.
Moreover, consistency and fairness, especially in criminal cases, require that the standard
of proof be the same in all similar cases. The Ministry of Justice should consider drafting
guidelines on the evidentiary requirements and ensure that all judges are trained fully
thereon. The decision to publish judgments should be acted upon as soon as possible. The
lack of published reasoning on judicial decisions exacerbates the problem as the publication
of legal reasoning would assist lawyers, convicted persons and the public to better
understand decisions made in courts, aiding transparency, encouraging consistency and
supporting the independence of the judiciary. Accordingly, the Special Rapporteur
welcomes the decision of the Supreme Council of the Magistracy to publish a selection of
judgments later on in 2017.
55.
Two cases are under way at the Extraordinary Chambers in the Courts of Cambodia;
the appeal of a third concluded during the reporting period. In the appeal of case 002/01
against Nuon Chea and Khieu Samphan, on 23 November 2016, the Supreme Court
Chamber upheld the convictions for crimes against humanity of murder, persecution on
political grounds and other inhuman acts in relation to the evacuation of Phnom Penh in
April 1975, but reversed the convictions for the crime against humanity of extermination. It
also reversed the conviction for the crime against humanity of persecution on political
grounds in respect of the phased population transfer. Nevertheless, the Chamber confirmed
the sentences imposed by the Trial Chamber.
56.
Final oral submissions in case 002/02, the second against Nuon Chea and Khieu
Samphan, are scheduled for 13-23 June 2017. The defendants have been charged with the
genocide of Cham and Vietnamese minorities, forced marriage and rape, among other
crimes. A judgment is expected within a year.
57.
Judicial investigations in relation to case 003 against Meas Muth concluded on 10
January 2017.
58.
Case 004 against Im Chaem, Ao Am and Yim Tith was divided into three case files.
On 22 February 2017, the co-investigating judges dismissed case 004/01 against Im Chaem,
and case 004/02 against Ao An was closed on 16 December 2016. The investigation into
case 004/03 against Yim Tith ended in June 2017. The revised 2017 budget for the
Extraordinary Chambers in the Courts of Cambodia totals $30.13 million.
14
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