A/HRC/7/42 page 12 previously approved by the Bar. Any concerns about lawyers being employed should be raised with all employers, including Government and the private sector, and not just with NGOs. As NGOs have a central role in providing legal aid services for the poor, and thus essentially fulfilling a mandate of the Bar, any differences should be ironed out in a spirit of cooperation. III. CONSEQUENCES OF THE DISREGARD OF THE RULE OF LAW 52. The above analysis shows that laws, institutions, procedures critical to the rule of law are very little respected in Cambodia - especially by the State. Numerous reports by the Special Representatives and national and international organizations have highlighted serious consequences of this. For the most part, the Government has made no serious attempt to deny, much less refute, these findings or to take serious action to address these issues. A. Undermining of the Constitution 53. The most serious consequence is that many important provisions of the Constitution of Cambodia designed to protect the rights of the people and to promote good and fair governance are negated, and the status of the Constitution as the supreme law is undermined. B. Impunity and victimization 54. Prosecutorial and judicial functions are subordinated to the executive in political cases or cases involving powerful interests, and judges’ rulings are too often influenced by money. Governmental instructions to prosecutors or judges are duly carried out, regardless of the evidence or the law. Control of prosecutors means that members of the executive and their friends enjoy wide impunity from the penalties of the law, while others are prosecuted for and convicted of offences they have not committed. Courts become the central arena of violations of the law and the denial of justice. The very threat of legal action by the executive is often sufficient to force the targeted person to bow to pressure, go into hiding, or flee the country. 55. It is not uncommon for senior opposition politicians to be charged and convicted without evidence, and to be subsequently pardoned, as part of a political deal (or to soften up international donors before crucial pledging conferences) - disregarding the law that the power of pardon lies with the King, and not the Government.7 Victims have included Prince Norodom Ranariddh, Sam Rainsy, Prince Norodom Sirivuddh and Cheam Channy. 56. Politically motivated charges are also used to give impunity to government protégés. Born Samnang and Sok Sam Ouen were convicted for the killing of independent trade union leader Chea Vichea in 2004,8 largely on the basis of a retracted confession, despite overwhelming evidence demonstrating that neither could have taken part. On 12 April 2007, the Appeal Court upheld the convictions, ignoring crucial new evidence and Born Samnang’s complaint that his confession was coerced, and although the prosecutor said that there were “huge gaps in the police investigation” and called for a reinvestigation to find the “real killers”. 7 See pp. 2-6 of the LICADHO report, “The charade of justice” for examples. 8 See A/HRC/4/36, paras. 43 and 55.