A/HRC/24/36 19. In the meantime, the Special Rapporteur notes with concern that according to information received, some judges and prosecutors continue to be actively involved in political activities. The Special Rapporteur reiterates his previous recommendation that the current draft Law on the Status of Judges and Prosecutors ban active party political members from holding judicial positions and ban judges and prosecutors from acting as advisers to party political leaders or ministers. 20. Adequate remuneration of judges and prosecutors remains essential to ensure their independence. The Special Rapporteur notes that the basic salary and allowance of judges and prosecutors has not been increased since his last report on the judiciary. Moreover, the overall budget of the justice system has not increased in any significant way. According to figures contained in the annual report of the Ministry of Justice, the justice sector received US$ 9 million in 2011, which amounts to a paltry 0.36 per cent of the national budget. 21. The Special Rapporteur wishes to recall that the independence of prosecutors is as important as the independence of judges in order to ensure the integrity of the justice system. On the status of prosecutors, it remains unclear whether prosecutors will be under the control of the Ministry of Justice or the Supreme Council of Magistracy when the new law on the status of judges and prosecutors is adopted. 22. The Special Rapporteur was encouraged by some positive developments in the criminal justice sector. He was informed that following a donors meeting convened by the Office of the United Nations High Commissioner for Human Rights (OHCHR), Australia (AusAID) agreed to fund an additional building for the Court of Appeal. The construction of this building has been completed and the new building was inaugurated in 2012. There are now two additional courtrooms which allows for more cases to be heard, and upgraded facilities for the court clerks. The number of appeal judges has also increased. Appeal cases are now heard within one or two years, which is a great improvement on the previous situation. The President of the Court of Appeal and OHCHR worked together over the past year to reduce the appeal backlog – it is expected that the backlog of oldest cases (pending for more than seven years) will be cleared by the end of 2013. Australia has provided funding for a new computerized system to register and manage cases. Overall, court management at the Court of Appeal has improved. According to information received, the draft law on the organization of courts provides for the creation of new courts of appeal in the provinces, which will hopefully further improve the appeal process. 23. The Special Rapporteur was encouraged to hear that the Bar Association has amended its Code of Professional Conduct for lawyers, with the technical assistance of OHCHR. The new Code was adopted in September 2012. It provides that lawyers will respect and promote human rights. The new Code also provides that lawyers do not need to consult, nor inform the Bar President when they wish to speak to the media, which was the case under the old Code. Earlier this year, the new Bar President caused controversy by warning lawyers to be careful before participating in law dissemination programmes on radio or television. This was interpreted as a veiled attempt to dissuade lawyers from speaking to the media. The Special Rapporteur was pleased to hear a representative of the Bar President confirm that lawyers are free to speak to the media. 24. The number of lawyers remains extremely low in Cambodia in comparison to many other countries. The number of legal aid lawyers is clearly insufficient and most of them work in Phnom Penh. Under the Code of Criminal Procedure, those who are arrested have access to a lawyer only after 24 hours. Even then, very few in practice enjoy access to a lawyer, either because the judicial police continue to deny such access or because there are simply no lawyers available. In this regard, the Special Rapporteur would like to reiterate his previous recommendation that the Government consider amending the Code to provide for immediate access to a lawyer during police custody, in line with international good practices. 8