A/HRC/4/36 page 9 B. Independence of judges and lawyers 31. The independence of judges is enshrined in the Constitution and further guaranteed within criminal procedure through article 1 of the UNTAC law, which incorporated directly into Cambodian law the “Basic Principles on the Independence of the Judiciary”. The lack of independence of the judiciary and its inability to secure effective remedy for violations of human rights have been matters of continual concern to all special representatives and have been noted repeatedly in resolutions of the General Assembly and the Commission on Human Rights. 32. In practice, the judiciary has not been able to exercise effective restraint against executive power. Judges have continued to be subject to political interference, and have been unable or unwilling to exercise their functions independently. Corruption has continued to be widespread. 33. The Supreme Council of Magistracy, the constitutional organ charged with protecting the independence and professional integrity of judges, including prosecutors, is widely acknowledged to be unable to carry out its role credibly and effectively. As the Special Representative stated in his last report, the Council requires wholesale reform, in line with the constitutional principle of separation of powers, so that its composition represents the judicial profession free from political influence. It is difficult to see how the independence of judges can be guaranteed when their regulatory body includes in its ranks one government minister ex officio and one member of the permanent committee of the ruling party. Judges are, like other citizens, entitled to freedom of expression, belief, association and assembly, provided, however, that in exercising such rights, they always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary. In a democracy, the judiciary must not only be independent but must be seen to be independent. 34. The proposed amendment to the 1994 Law establishing the Supreme Council of Magistracy has been placed on hold, pending the finalization of laws on the organization of the courts and on the status of judges and prosecutors, whose status and conditions of service remain regulated by vague and scattered legislation prepared on an ad hoc basis since the 1992 UNTAC law. 35. A law protecting judicial tenure, an appointment process, a code of conduct, benefits and a clearly defined salary structure for judges should have been drafted immediately after the Constitution. The Special Representative is of the view that the drafting of these three laws should be coordinated, within a holistic reform which takes account of the Constitution, the Basic Principles on the Independence of the Judiciary and other relevant international instruments. This would ensure that the commitment made in the peace agreements to develop the judiciary is kept. 36. The system of prosecutions pollutes the system of justice. Many prosecutors fail to meet national and international standards guaranteeing that investigations and prosecutions are pursued with impartiality and integrity, and in the public interest rather than partisan interest. Complaints filed by senior government officials, even when based on weak or unsubstantiated evidence, are prosecuted with vigour, while the vast majority of the populace have little hope or expectation of having their grievances taken up by public prosecutors.