A/HRC/24/36
Special Rapporteur met during his mission to Cambodia in December 2012, were remedied
on appeal. However, he regretted that some of the convictions remained in place, and new
charges and convictions were introduced, with no opportunity for the accused to prepare his
defence.
13.
In addition, on 8 May 2013, the Special Rapporteur appealed to the Minister of Land
Management, Urban Planning and Construction for disaggregated data by province on the
implementation of Directive 01 on the Measures to Strengthen and Foster Effectiveness for
the Management of ELCs (economic land concessions), including the number of hectares
distributed for the purposes of private title, the location in which the titles had been issued
and which private companies had been involved. He noted with appreciation the updated
information placed on the website by province, and called for enhanced information related
to the concessions subject to excision of land, and the role of the concessionaires. In this
regard, the Special Rapporteur looks forward to further dialogue on how the ministry is
addressing titling in disputed areas, including addressing petitions by villagers who have
protested against their exclusion from the titling programme, or disagreement related to the
measuring process during the 30-day period of public display. Preventing encroachment
and ensuring the right to remedy remain of paramount concern to the Special Rapporteur.
III. Follow-up to recommendations on the judiciary
14.
The report of the Special Rapporteur to the fifteenth session of the Human Rights
Council in 2010 focused on the judiciary (A/HRC/15/46). Three years on, the Special
Rapporteur sought to assess the status of implementation of the recommendations contained
in that report.
15.
In terms of legal reform, the Special Rapporteur is pleased to note that the four main
codes are now in place, namely the Criminal Code, the Code of Criminal Procedure, the
Civil Code and the Code of Civil Procedure. Nonetheless, several other important pieces of
legislation remain pending after many years. In particular, the three fundamental laws on
the status of judges and prosecutors, on the organization of courts and the reform of the
Supreme Council of Magistracy have still not been adopted. Nonetheless, he was
encouraged by the assurance given to him that drafts of the three fundamental laws that
were part of his key recommendations were almost ready and will be tabled before
Parliament in the first half of 2014.
16.
Overall, the situation of the judiciary in Cambodia has not fundamentally changed
since 2010. Despite some progress, the pace of judicial reform remains very slow. The
challenges are the same, namely lack of independence, problems of capacity, lack of
resources, widespread corruption, all resulting in a lack of confidence by the general public
in the ability of the court system to provide effective remedies when human rights
violations do occur.
17.
During his May 2013 mission, the Special Rapporteur was able to meet with
representatives of the Ministry of Justice, representatives of the Bar Association and NGOs
working in the legal and judicial sector. Despite several attempts, he regrets that he was not
able to meet with any judge or prosecutor during his mission.
18.
In order to protect the independence of judges and prosecutors, it is imperative that
Cambodia adopt the three fundamental laws on the status of judges and prosecutors, on the
organization and functioning of the courts, and on the reform of the Supreme Council of
Magistracy. The Special Rapporteur encourages the Government to engage in full and
meaningful consultations with all the relevant stakeholders before the adoption of these
three laws and looks forward to their adoption in 2014.
7
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