A/HRC/12/41 page 9 30. OHCHR continued its long-standing work of promoting adherence to international trial standards in domestic courts, focusing on the higher instances, where precedents may influence first instance practice. In a new approach to the issue, the High Commissioner submitted to the Supreme Court in June 2008 an amicus curiae brief in relation to the men convicted of murdering trade union leader Chea Vichea. The brief focused on breaches of basic procedural guarantees and the use of forced confessions against the two men convicted of the murder and detained since 2004. Both are widely considered to be innocent and the case has become a cause célèbre in the effort to curb impunity and political assassinations in Cambodia. In an unprecedented move, on 31 December 2008, the Supreme Court ordered the release on bail of the two men and sent the case back to the Court of Appeal for review. 31. OHCHR continued to follow the work of the Extraordinary Chambers in the Courts of Cambodia (ECCC) in order to explore how good practices set by the trials could be used as examples to nurture the reform of wider judiciary and curb present-day impunity. As a Cambodian court bound to observe international trial standards, ECCC has the potential to set an example for the domestic criminal justice system. OHCHR is exploring how best to highlight best practices emerging from ECCC and ensure that these practices are mirrored in improved practices in the domestic courts. This process runs in parallel with the implementation of the new Penal Procedure Code promulgated in 2007. 32. In recent months, a number of lawyers involved in defending prominent cases have been targeted for prosecution merely for representing the interests of their clients. OHCHR has previously reported on the charges of incitement filed against legal aid lawyers representing an indigenous community in a land dispute in Rattanakiri.1 In January 2009, defence lawyers acting for defendants at ECCC were threatened with possible legal action by Cambodian judges for having called for allegations of corruption at the Chambers to be properly investigated by the Phnom Penh Municipal Court. In May, a lawyer, acting for an opposition member of the National Assembly who alleged that she had been defamed by the Prime Minister, was himself targeted for possible criminal defamation charges and threatened with expulsion from the Cambodian Bar Association. OHCHR made representations to the Bar Association in this last case. It raised the matter with the Special Rapporteur on the independence of judges and lawyers and issued a public statement relating to this and other related concerns. C. Fundamental freedoms and civil society 33. OHCHR continued to strengthen the capacity of individuals and civil society organizations to exercise their fundamental freedoms of association, expression and assembly. OHCHR has sought to assist the Government in the development of legislation and policies that would enable groups and individuals to organize themselves and participate in public affairs in a free and informed manner. 1 A/HRC/7/56, para. 45.

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