By Chiep Mony, VOA Khmer Original report from Phnom Penh
25 February 2008
A prominent rights group said Monday the courts in Cambodia had failed and called on the international community to help establish a monitoring body to fix them.
In a special report, "Human Rights in Cambodia: The Charade of Justice," Licadho said that despite Untac intervention and 15 years of aid, the courts remained agents for the protection of the interests of the rich and powerful and for the prosecution of political opponents and government critics.
"The Cambodian government's claims to making progress in reforms need to be judged by the actual actions of the courts on a daily basis," Licadho said in the report.
The group appealed to donors to establish an independent commission of international experts and Cambodians to monitor the court system, including municipal, provincial and military courts.
Licadho founder Kek Galabru said she had not received a response from donors since the report was issued.
"We hope that they will take the recommendations into account, especially when the meeting between the donors and the government comes," she said.
Yoshimatsu Kaori, third secretary at the Japanese Embassy, said she has not yet seen the report.
"Regarding the judicial system in Cambodia, the Japanese government always pays attention to this, because the rule of law is one of the most important aspects of a country," she said. "We hope that the court and judicial system in Cambodia will be strengthened step by step."
Justice Minister Ang Vong Vatana could not be reached for comment Monday.
Ngin Sam An, investigating judge and deputy chief of the military court, and Phnom Penh Municipal Court Chief Chiv Keng declined to comment Monday.
In a special report, "Human Rights in Cambodia: The Charade of Justice," Licadho said that despite Untac intervention and 15 years of aid, the courts remained agents for the protection of the interests of the rich and powerful and for the prosecution of political opponents and government critics.
"The Cambodian government's claims to making progress in reforms need to be judged by the actual actions of the courts on a daily basis," Licadho said in the report.
The group appealed to donors to establish an independent commission of international experts and Cambodians to monitor the court system, including municipal, provincial and military courts.
Licadho founder Kek Galabru said she had not received a response from donors since the report was issued.
"We hope that they will take the recommendations into account, especially when the meeting between the donors and the government comes," she said.
Yoshimatsu Kaori, third secretary at the Japanese Embassy, said she has not yet seen the report.
"Regarding the judicial system in Cambodia, the Japanese government always pays attention to this, because the rule of law is one of the most important aspects of a country," she said. "We hope that the court and judicial system in Cambodia will be strengthened step by step."
Justice Minister Ang Vong Vatana could not be reached for comment Monday.
Ngin Sam An, investigating judge and deputy chief of the military court, and Phnom Penh Municipal Court Chief Chiv Keng declined to comment Monday.
22 comments:
And the Police force too, need to be reformed to have law and order in Cambodia up to human acceptable standard!
perhaps, cambodia needs a permanent US station like in japan, because cambodia seems like a trouble spot in the world without the US there!
There is no such as thing as justice system in Cambodia. The country is still run by the animal system; the bigger one wins.
This is why you see a lot of vicious and evil people in the country because they get rewarded being the crook with no impunity. There is no incentive to be a person because they always lose...
A lot of government officials are in power not to rebuild the country but to steal from the country, which so contrary to the American president John F. Kennedy's famous praise; "not ask what your country can do for you but what you can do for the country"
To: 3:43AM
perhaps, cambodia needs a permanent US station like in japan, because cambodia seems like a trouble spot in the world without the US there!
Do you really think by having a permanent US station in any country would resolve all the problem.
You know what the African countries told Bush on his current visit there when he mentioned about US base there?
Sorry Bush, it is too risky for the security of my country [to have your base here], we don't want to see any suicide bomber in our street.
By the way, the people of Okinawa would like their government to kick the base out as well because rotten US army officer has nothing better to do except go out and raped a 15 years old Japanese girl [2nd incident and people there think it is unsafe for their daughter].
During the 1970-75, Khmer Rouge fighted against Mr Lon Nol and imperialism becuse his sytsem war corrupted. But as I know and see Mr. Lon Nol´s Govt was not worse than like in cambodia today. Lon Nol passed away and left fast no money for his children. The war in Indochina caused by teh neighboring country and the winner is also not Khmer but the Kampuchea big briend.
No not US base....this is not the solution. The solution is to sell the whole of cambodia nation to the US to be its 51st or 52nd state of the United States of America.....since Cambodia already embraced the US dollars wholeheartedly.
To: 6:58 AM
The solution is to sell the whole of cambodia nation to the US to be its 51st or 52nd state of the United States of America.....
The stars on US flag represent each individual states in USA and actually there are 52 of them of them on the flag already, thank you.
In order to improve our justice system, I don't believe we have already exhausted local means and we need to resort to all out international assistance for it.
The most important authority which we have bypassed when dealing with justice is our August King. He is actually the head of our justice system. We need to request Him to improve it.
Our King has a number of constitutional duties and international obligations to ensure justice for his people. Some of these duties and obligations are listed below.
1. He has the role of an "arbitrator to ensure the faithful execution of public powers" (Art.9);
2. He is "the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter" (Art.132;
3. He is the chairman of this council (art.134);
4. He is "the protector of rights and freedom for all citizens(art.8);
5. "The Judicial power shall be an independent power" which "shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens art.128);
6. Our King is "the guarantor of international treaties" (art.8). The following are the international treaties relevant to the justice system whose implementation He must guarantee:
6.1. "An independent judiciary will be established, empowered to enforce the rights provided under the constitution" (paragraph 5)
" Aggrieved individuals will be entitled to have the courts adjudicate and enforce these rights" (paragraph 2) (Annex 5:PRICIPLES FOR A NEW CONSTITUTION FOR CAMBODIA, Paris Peace Agreements 1991);
6.2. "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him" (art.10,Universal Declaration of human Rights Cambodia has adhered to);
6.3. "In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law" (art.14, International Covenant on Civil and Political Rights Cambodia has adhered to).
As head of the justice system, Our King could affect change in this system if he were to do his constitutional duties and honour His international obligations: he could get the Supreme Council of the Magistracy (of which the Minister of Justice is a member) to affect the disired change; He could also get the Prime Minister and his cabinet at their audience with the King twice a month (art.20) to honour the country's international obligations under the above-mentioned international treaties.
To say that "The King of Cambodia shall reign but shall not govern" (art.7) and that he therefore cannot do anything to improve the system of government, including the justice system, to serve his people better, as has been done so far, misses the constitutional role and responsibility of our King. This narrow view has contributed to strengthening the rule of men(dictatorship)and stunting the rule of law in Cambodia.
In countries governed by the rule of law, any omission on the part of public authorities or even individuals is a crime or a violation of the constitution. Strong institutions for the rule of law and strong values are fundamental to the healthy development of these countries.
Our King could and should initiate the process of building such institutions and developing values.
LAO Mong Hay, Hong Kong
My beloved Khmers!
Forgive me for unashamedly insulting our beloved constitution,
when did we have the real constitution? Sihanouk's regime? Yes, indeed, we did have one, but unfortunately, it's only decoyed?
Dr Lao, wake up: we are not in heaven, you know?
On planet earth, it is important for the court to protect the riches or the inverters who fuel the country economy. How's the court supposed to pay its personnel from a poor and broken economy, huh? Anyway, will you stop making Cambodia a unique country on the planet? Try to do it elsewhere, will ya?
With all respect to Lao Mong Hay, why should one depend or ask the King about the social justice in Cambodia? If the King fails to see it what on earth should we expect from a cylco-man on the street to make noises about it? We can quote as many of articles from the Cambodian constitutions as we want. The fact is that the Cambodian constitutions are treated worse than a toilet paper by those in power. Remember, Mao Sze Tung once said “power comes from the barrel of a gun”. This is the norm in Asia, especially in Cambodia.
To be a King is to look after his subjects, and not to subject the people to and condone the injustice in society that he’s a symbol of. Anyone who is in the position to influence the decision making and who knows and keeps silent about this issue is considered to be an accomplice. Conclusion – a toilet roll is worth more than the Cambodian constitutions, so one should deploy tanks to guard a factory that produces toilet rolls not the constitutions as one falsely claimed.
Surprise??????
You idiot (10:26), where did you ever heard of Chairman Mao's quote, "Power comes from the barrel of a gun"?
Stop watching too much American's movie, will ya?
12:08PM if you are a moron and ignorant you should learn more about history....do more research on history before you call some one idiot, it's you that is an idiot.....this is not american movie, moron. I know what I say not hollywood like you suggested. It's you that get all the shits from american movies.
Well then, tell me where did you heard to stupid quote from? I've spend years in China and never heard of it.
correction: ... heard the stupid ...
I very much appreciate all comments on my comment.
In history there were odd people who still clung to and defended rules and customs which they believed had well governed their country, even when dictators were trampling these rules and custons under foot. Some of those people even lost their lives, killed by those dictators or died in exile.
Such tragedies have not deterred others, though, from continuing the work of such defenders of good rules and customs in their respective country.
These people simply refuse to accept bad rules or surrender to dictators to protect or promote their own interests.
LAO Mong Hay, Hong Kong
Yeah, but you are not telling us much here, Dr. Lao. What is good rules and what is bad rules? Fact of the matter is China had been ruled by dictators throughout history. So, which is good dictator and which is bad dictator, ShankKaiShek or or MaoZeDong? How many people have been driven into exile and what are those people and why? Do you think Mao was thirst for power or something, is that what they taugh your people in the UK?
The system is working fine in Cambodia; it does not need to be fixed. These overseas morans need to fix their brain cells.
Why bother to worry about Cambodia -- you've left the country, and we want you to stay out of the country.
Yep and I second that.
Mr.1:46PM
I am convinced that the rules laid down in our constitution of 1993 are good. Those who are supposed to uphold those rules have not followed many of them though, and this is one of the causes of the continued suffering of many in our homeland.
I also believe that many of our buddhist-based customs which have become our traditional values are good such as loving kindness (metta), compassion (karuna), sympathetic joy (mudita), equanimity (upekkha); the rich should care for the poor, the learned should care for the ignorant; the three vices that should be avoided: drinking, womanising and gambling; mutual help; respect for the elderly and for teachers; etc...
It is is a pity that Polpotism is still around, which wants to eliminate or ban human beings who do not conform with it or who do not like it.
I need to learn more about Polpotism to be able to live with it. But I doubt I can ever live with it.
LAO Mong Hay, Hong Kong
Dr. Lao, we all know you are a Rule of Law guy. You have invested much of your life studying it in the west, and you know fair well that no court can rule based on Buddha philosophy. They must followed rule of law.
Accordingly, I don't understand why you keep on bringing Buddha into this when your faith in him is rather weak. Let's face fact: The reason you are promoting rule of law (which is really man made craps full of flaws) is because you don't think the society can survived under Buddha philosophy alone. Am I wrong?
As for the constitution (also man made crap full of flaws), not upholding it is one thing, can't afford to uphold it at the moment is another. Let's try to be more practical about all this: can you tell me any poor country on this planet that is able to fully uphold their own constitution. This is not free (directly or indirectly), you know?
Last but not least, Dr Lao, I am not against what you are for. I just don't think you are being practical about it. You expecting us to do the impossible where no one on this planet had done before, but only in textbook. Isn't that the truth? I mean you have no proof, have you? Hence, I don't think is fair to labeled us as Polpotism just because we can't uphold the stupid constitution at this moment. I know you will regret this because as we continued to grow so as our ability to naturally uphold our constitution more and more. I guarantee it.
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