A/HRC/4/25 page 19 sentence would not only violate the right to due process, but also the right not to be arbitrarily deprived of one’s life. This is tantamount to violation of a peremptory norm that would shatter the foundations on which the new Iraq is to be built. It would also have a harmful effect on the right to justice and the right of many other victims of the serious and repeated crimes committed by Saddam Hussein to obtain compensation. Lastly, some believe that the enforcement of the death sentence would be an aggravating factor in the civil war which is unfolding in Iraq and the spread of violence throughout the region. B. Extraordinary Chambers in Cambodia 59. The Special Rapporteur is pleased that the Extraordinary Chambers in Cambodia have initiated the prosecution of the senior leaders of the Khmer Rouge for the heinous crimes committed between April 1975 and January 1979. The Special Rapporteur notes with satisfaction that on 3 July 2006, the Cambodian and international judges were sworn in, and, immediately after taking up their duties, invited the public and several experts to comment on the rules of procedure of the Chambers. Also particularly welcome is the fact that the prosecutors have started their investigations. In this connection, the Special Rapporteur applauds the transparency of the procedure established. V. CONCLUSIONS 60. Analysis of the activities carried out through communications and missions between 1994 and 2006 highlights the magnitude and gravity of situations adversely affecting the judicial system and those involved in it, and their negative impact on the rule of law. 61. It is a matter of concern that despite the legal guarantees provided by each State and the many international instruments intended to preserve their independence, lawyers, judges, prosecutors and court officers in all regions are frequently subjected to pressures, harassment and threats that may result in their enforced disappearance, assassination or extrajudicial execution, simply because they are doing their job. 62. Also of concern are the wide range of situations which undermine the independence of judicial systems throughout the world, and their impact on the rule of law, insofar as the judiciary is one of its main guardians. 63. The large number and frequency of activities engaged in by the Special Rapporteur through communications and country visits demonstrate the intensity of the work being undertaken and the need to strengthen this procedure. With the support of NGOs and the positive response by States to the Special Rapporteur’s communications, it is often possible to prevent or put a stop to many violations. In addition, other types of action, such as that taken in Ecuador where prominent international and judicial figures and institutions were involved in resolving the problems affecting them, may be considered “good practices” that should be followed. 64. A state of emergency is a legal institution governed by the rule of law, so that judicial oversight is of vital importance both in checking that it has been lawfully declared and in protecting human rights while it is in force.