Yash Ghai: "Iron fist is pushing the judicial system into further disrepair"

Prof. Yash Ghai, UN Special Envoy in charge of human rights in Cambodia. (Photo Sok Serey, RFA)

23 March 2006

By Soriya Voice of Khmer Youth
Translated from Khmer by KI-Media

Mr. Yash Ghai, the UN Special Envoy on human rights in Cambodia, said that the handling of the prime minister’s “iron fist” on the judicial system is not a reform. To the contrary, it brings in more fear into the judicial system. The UN Special Envoy gave a speech at the headquarters of the Cambodian Center for Human Rights where he expressed his additional worries on the problem of reform of the judicial system.

Mr. Yash Ghai who just returned to Phnom Penh for the second time, on 19 March, said that the “iron fist” strategy led by prime minister Hun Sen did not succeed, and according to opinions collected from Cambodian judges, lawyers, and legal experts, the iron fist policy led by prime minister Hun Sen is not effective and forced legal officials to distance themselves from the law because they are afraid of the iron fist. Legal officials are afraid of the application of the iron fist policy because they can see that the judicial system cannot be separated from the power of the government leaders. Therefore, the iron fist had greatly influenced the judicial system, and this does not correspond to a reform for efficiency at all.

Mr. Yash Ghai added: “The replacement of officials in the judicial system, and the removal from their position, as well the punishment on some officials in the judicial system, constitutes a violation on the authority of the court instead.” He said that not only the iron fist no longer makes the court an independent system, it also makes it incompetent. Therefore, the iron fist is a pressure on the judicial system not allowing it to move, not allowing it to remain independent.

External observers view this as corruption and they also found out that judges decide on their cases based on the bribes they receive. Mr. Yash Ghai asked the government not to get involved with the internal working of the court, and he also requested that an independent institution be set up to monitor the court while the Supreme Council of the Magistracy which is in charge of replacing judges, is not yet a completely independent institution.

The Center for Social Development (CSD) which is following up on the judicial system after the declaration made by prime minister Hun Sen, on the application of the iron fist system, has observed that the reform through the application of the iron fist system forced some judges to lose their jobs. CSD said the iron fist is significantly affecting the judicial system in Cambodia currently – a judicial system which was already in disrepair. Therefore the real reform cannot be achieved through the use of the iron fist.

Prime minister Hun Sen had criticized Mr. Yash Ghai once already at the end of the 2005, telling Mr. Yash Ghai to push for human rights in his native Kenya instead. However, during this second visit of Mr. Yash Ghai, there is no reaction from prime minister Hun Sen yet.