A/HRC/15/46
capable of conducting complex criminal trials to international standards and the work of the
Extraordinary Chambers is likely to be regarded as a good model for the Cambodian
judiciary. There has been a great deal of interest in the work of the Chambers in Cambodia.
More than 31,000 people visited the Chambers to witness the hearing from all over
Cambodia. It is expected that the trial of the second case will commence in the fall. There is
a possibility that further cases will proceed as the International Co-Prosecutor has
forwarded his introductory submissions against five additional individuals.
59.
Besides non-governmental organizations such as the Asian International Justice
Initiative and the Open Society Justice Initiative, there is no United Nations or other formal
international mechanism to monitor the activities of the ECCC, protect its independence
and integrity and inform the national and international community about its
accomplishments and the challenges it is facing. There is much expectation that the ECCC
will function as a model court in Cambodia, so that good practices can be shared with the
wider judiciary and gradually help uplift its practice. The place of the ECCC within the
Cambodian judicial system potentially enables the Cambodian judges, prosecutors and
other court officials at the ECCC to transfer knowledge to their colleagues in the judiciary.
Such a project is being initiated by OHCHR-Cambodia and in close cooperation with the
Cambodian judges and prosecutors.
60.
The scheme of victim participation as a civil society party developed within the
ECCC seems to have made a positive contribution to the society in reconciling itself with
its tragic past and in healing the wounds. The programme of organized visits to the ECCC
for the ordinary people of Cambodia seems to have served as an educational tool in the
country in promoting the idea of a fair trial and the rule of law. All in all, this new
experiment in international criminal justice seems to have worked reasonably well thus far.
61.
The Special Rapporteur welcomes the verdict delivered on 26 July 2010 by the
ECCC in the trial of Kaing Guek Eav. Although his prosecution for crimes against
humanity and war crimes has come more than three decades after the crimes were
committed, the verdict signifies a commitment by the Government of Cambodia to account
for the crimes of the Khmer rouge period according to internationally accepted standards of
fair trial, a process that is unprecedented in Cambodia.
62.
The Special Rapporteur hopes that this trial will have a positive impact on the
strengthening of the independence of the judiciary. He welcomes the conclusion of this first
case and encourages all parties to work together towards the remaining three cases. He
urges the judges of the Extraordinary Chambers in the Courts for Cambodia to defend their
independence and integrity and uphold the highest standards of justice, and to continue to
demonstrate by example to the judiciary and the people. The Special Rapporteur hopes that
this landmark conviction will serve as a catalyst for the Government to address impunity
and accelerate its legal and judicial reforms.
63.
The international community should continue providing the support the ECCC needs
in conducting investigations and trials in accordance with international standards and in
ensuring that the judiciary as a whole benefits from the work of the Extraordinary
Chambers.
VII.
Conclusions
64.
Cambodia has made great strides in strengthening human rights in recent
years in an environment of political stability, economic growth and continued
generous international assistance and support. The challenge for the Government is
first of all to effectively implement its own laws. In this process, not only does it need
to transform its international human rights obligations into national law but put these
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