A/HRC/33/62 Publication of decisions online with a summary of reasoning would undoubtedly strengthen the judicial process in Cambodia by rendering judgments more transparent. Moreover, understanding the legal reasoning behind judicial decisions will allow the public to develop more informed views about the independence (or lack thereof) of the judiciary and the consistency of judgments. It would also be a useful resource for students and those studying for admission to the professions. 48. The Special Rapporteur notes several positive measures taken during the past year, notably the increase in salary for judges and prosecutors and the effort of the Ministry of Justice to work with the Anti-Corruption Unit to monitor qualification exams for judges and prosecutors, which may help to redress the lack of transparency and apparent consistency of process in the training, recruitment and discipline of judicial officials. The Special Rapporteur recommends that, in order to strengthen transparency, the salaries of judges be reviewed annually and made public. Similar work is required on prosecutors. 49. Everyone using the judicial system encounters a range of requests for payments related to lodging complaints, filing documentation, copying materials and other work by court clerks. Although many fees are fixed, they may vary considerably and therefore have an impact on equality of access to justice. The Special Rapporteur recommends that the approved schedule of fees and any permitted additional payments be publicly displayed in all courts and at court clerk offices to eliminate unofficial overpayment. In this way, elements of corruption could be eliminated, while the actual and perceived independence of the system would be strengthened. 50. At present, most people arrested are held in pretrial detention. Accurate statistics are apparently not available, given that cases are not systematically recorded. The Ministry of Justice confirmed, however, that pretrial detention is the normal practice. In its general comment No. 35 (2014), the Human Rights Committee noted that detention in custody of persons awaiting trial should be the exception rather than the rule (CCPR/C/GC/35, para. 38). Extensive use of pretrial detention compounds the challenges acknowledged by Cambodia on prisons (see CCPR/C/KHM/Q/2/Add.1, para. 14) and commented on by the Committee on overcrowding in prisons (see CCPR/C/KHM/CO/2, para. 14). Cambodian law provides for judicial supervision as an alternative to pretrial detention. Although the Special Rapporteur was informed about the cultural barriers to judicial supervision, she suggests the Government consider taking steps at the local level to support the expansion of judicial supervision for those charged with a minor crime. Even though pretrial detention is appropriate in some cases, its prevalence is difficult to justify from the viewpoint of international human rights law (see ibid.).14 The Special Rapporteur suggests that consideration be given to greater use of judicial supervision as provided for in the Code of Criminal Procedure. When courts consider that pretrial detention is appropriate, a full trial should follow swiftly, consistent with the rights of defence, the presumption of innocence (see A/HRC/26/16, para. 119.20) and the Code of Criminal Procedure. 51. Three sets of cases are ongoing at the Extraordinary Chambers in the Courts of Cambodia. The appeal of case 002/01 against Nuon Chea and Khieu Samphan began in July 2015. The hearing of case 002/02, the second against both, began on 17 October 2014 on charges including genocide of Cham and Vietnamese minorities, forced marriages and rape. Cases 003 against Meas Muth and 004 against Im Chaem, Ao Am and Yim Tith are progressing slowly. Investigations in these cases have gone ahead on the international side, without any cooperation from the national police in implementing orders. On 5 February 2016, case 004/01 was severed from 004 to expedite the trial process. As at May 2016, the financing of the Extraordinary Chambers was stable, with $32.3 million secured. 14 See also CCPR/C/GC/35, paras. 36-38. 15

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