A/HRC/45/51 7. Further to her oral report to the Human Rights Council in September 2019, the Special Rapporteur continued receiving information on arrest and detention, harassment, intimidation and curtailment of lawful activities of large numbers of people formerly associated with the Cambodia National Rescue Party. 4 The situation intensified in the lead up to Cambodia Independence Day on 9 November 2019, when Sam Rainsy, former president of the Cambodia National Rescue Party, had announced he would return to Cambodia from his selfimposed exile. 8. On 8 November, the Special Rapporteur expressed grave concern about the heightened political tensions across the country, calling publicly on the Government to respect the rights to freedom of opinion, expression and assembly. With several former Cambodia National Rescue Party supporters prevented from travelling to Cambodia, and amid increasingly inflammatory rhetoric from Mr. Rainsy and Prime Minister Hun Sen, the Special Rapporteur called on the Government and all parties to reduce escalations in tensions and seek dialogue in a peaceful environment that allows for diverging political voices to be expressed, and to avoid any further restrictions on fundamental freedoms that are necessary for the enjoyment of human rights by all.5 Mr. Rainsy did not return to Cambodia; he remains subject to several convictions and outstanding charges for a number of offences. 9. The Special Rapporteur received credible information concerning new measures taken against political opponents and members of the Cambodia National Rescue Party that involved revoking their travel documents. On 7 November 2019, the Ministry of Foreign Affairs and International Cooperation sent a notice to all diplomatic missions informing them that 12 Cambodian passports were declared null and void, leaving some with no travel documents. The 12 individuals were all senior members of the Cambodia National Rescue Party. On 20 November 2019, additional passports of individuals linked to the Party were revoked. 10. In the lead up to November 2019, around 70 former Cambodia National Rescue Party associates and members, who had been arrested over the previous months and were considered to be supporters of Mr. Rainsy, were released from detention. However, the Special Rapporteur is concerned to be informed that 75 persons currently remain released under judicial supervision – that is, neither detained nor charged. The Special Rapporteur reiterated that such judicial supervision, which can be indefinite, with charges resurrected years after the initial arrest, is inconsistent with the country’s human rights obligations.6 11. The Special Rapporteur continued to receive subsequent reports of arrests and harassment of, and threats to, former Cambodia National Rescue Party members and supporters. Between 1 June 2019 and 1 June 2020, OHCHR recorded 156 individuals associated with the Party who had been arrested, with 14 remaining in detention. Under the Criminal Code, those 14 individuals face charges including spreading of false information (art. 425), incitement to commit a felony (art. 495) and plotting against the Government (art. 453). 12. In this respect, the Special Rapporteur recalls the Government’s acceptance of the recommendation made by Finland during the universal periodic review to cease all kinds of harassment of and arbitrary interference with political opposition,7 and she encourages urgent progress towards that aim. She further encourages the authorities to adhere to international human rights norms and standards and to release detainees if their charges are not confirmed. She further recommends that the Criminal Code be amended accordingly. 13. The events of 2019 demonstrate the apparent fragile stability in the country. The Special Rapporteur has expressed concern repeatedly over aggressive rhetoric, which does not allow movement beyond the current political situation to enable the creation of a spirit of dialogue and reconciliation. 8 Despite tentative indications of an opening for dialogue 4 5 6 7 8 4 OHCHR, communications JAL KHM 1/2019, dated 12 April 2019, and JAL KHM 2/2019, dated 4 June 2019. Available at http://spcommreports.ohchr.org. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25260&LangID=E A/HRC/42/60, para. 8. A/HRC/41/17, para. 110.109. A/HRC/42/60, para. 72.