Theary Seng
Executive Director, The Center for Social Development
"A criminal proceeding in any environment - be it in a developed state or here in developing Cambodia - is a serious matter because an individual's liberty and rights are at stake. Before any rights or freedom of a person is to be limited by the State (e.g. imprisonment), extreme due care must be taken to ascertain that the curbing of these rights/liberties are justified and followed established due process.
The adherence of due process is more urgently needed here in Cambodia where the legal and penal system is embryonic and fragile, prone to abuses, without adequate balance of powers among the different parties in the criminal case and generally among the three branches of government.
Moreover, greater scrutiny of these criminal proceedings must be had in light of our dark, recent history of gross violations of human rights on a massive scale.
We, at CSD, are abhorred by the high rate of torture and coercion used to extract confessions – 1 in 4 as you accurately noted from our Annual Report. A confession given as a result of coercion and torture cannot be deemed reliable or accurate. Consequently, it means that one in four defendants run the high, unacceptable risk of being wrongly convicted – i.e., having their rights curbed and violated – as a result not of having committed a crime but of fear for life resulting from coercion and torture. This 25% rate of confession due to coercion and torture also put into question all convictions, whether they are safe. We are deeply concerned that they are not safe and that many innocent people are being put in prison or having their rights and liberties curbed in other manners without proper due process of law."
The adherence of due process is more urgently needed here in Cambodia where the legal and penal system is embryonic and fragile, prone to abuses, without adequate balance of powers among the different parties in the criminal case and generally among the three branches of government.
Moreover, greater scrutiny of these criminal proceedings must be had in light of our dark, recent history of gross violations of human rights on a massive scale.
We, at CSD, are abhorred by the high rate of torture and coercion used to extract confessions – 1 in 4 as you accurately noted from our Annual Report. A confession given as a result of coercion and torture cannot be deemed reliable or accurate. Consequently, it means that one in four defendants run the high, unacceptable risk of being wrongly convicted – i.e., having their rights curbed and violated – as a result not of having committed a crime but of fear for life resulting from coercion and torture. This 25% rate of confession due to coercion and torture also put into question all convictions, whether they are safe. We are deeply concerned that they are not safe and that many innocent people are being put in prison or having their rights and liberties curbed in other manners without proper due process of law."
13 comments:
The country does not even have proper judicial system to begin with, how could you as for "due process"?
So we heard from one side of the coin. What about the other side?
Keep in mind that our justice department has the duty to protect innocent people from criminals. The job is not all that easy and there is no fool proof way of achieving this goal.
Anyhow, we must have the truth to process any case, and I don't see anything wrong with kicking the crap out of criminals when they don't cooperate and insist on lying in an attempt to escape justice. We are not so dumb that we can't tell when those idiots are lying.
Those Cambodian immigrants who are living the United States, in case you run into law, will you receive due process or procedural justice, judicially? Quite frankly, I would highly iffy due to your minority status(bacause you a number)or lack of money, and therfore, you, at least in part, will be ill-treated in that part of the country disproportionately. Where's your rights or freedom that is (presumably)guaranteed by the U.S. constituation? It is my belief that the Cambodian judicial system acceptably more than okay, as opposed to the U.S. that is big on human rights and freedom issues.
Ciao!
Thank for the good info, mate (12:58), and if you just check the statistic for Ah Khmer-US winning any court cases in the last 30 years, the result should speak for itself.
Statistically, the vast majority of Cambodian immigrants in the United States are legally complacent of their conditional or permanent residence or citizenship rights, and therefore oblivious of their legal awareness in the United States. Consequently, that when the ugly friends, "foes and woes", come in to play, and unintended consequences ensue.
Ciao!
To 1:14
With your rude comments I dont think you know what the fuck you are talking about. We,the Cambodians who are living in the US do have "due process" and we are protected by the US Constitution, on the other hand should you as Khmer came to this country for the past 30 years or so and you still not becoming the US Citizen then surely dont expect the US do anything for you. You came here as immigrants or refugee, the least you need to do something for the United States and not just become the burden of society. There are many Cambodians who have won cases ruled and rendered by the US Judicial System. It may not just be you or your family receiving the judicial rendering, but to others, US is the greatest country in the world.
I have seen many CPP children living in Long Beach, New York, and mainly are in the East Coast. If the US is so bad then I dont presume Samdech Hun Sen would not dare to send his son (Hun Maneth) to West Point for military studies in this region of the world. That ought to you tell you something about the US Mr. 1:14.
I thank you.
ST
Cut the crap, 11:52, just tell us a few cases that is won by Ah Khmer-US with the stupid "Due Process", alright?
As for CPP sending out their kids to study abroad, it doesn't mean shit. The world is not just Cambodia. Someone have to learn about other culture too, especially the economic power, such as China, Japan, US, AU, UK, ... , AU, and Singapore. We don't just go US only you blind idiot.
Due Process means three things: notice, opportunity to defend, and impartial arbitrator. Cambodia follows the civil law tradition which is premised on two conditions: one, that the judges are highly trained in the law, and secondly, that they are not corrupt. The main difference between common law traditions and civil law jurisdictions is the absence of a jury of defendant’s peers. The role of the judges in each legal system is different. In common law jurisdictions, the judges act as gate keepers following clear rules of evidence and allowing only evidence that is deemed reliable and trustworthy to be entered into evidence and hence allowable for the jury to hear and consider in reaching a determination. In civil law jurisdictions, the Investigating Judge interrogates the accused, can call witnesses, gather evidence and then renders a formal report to the trial judge. The “trial” in each system is conducted differently, with the civil law judge able to consider any facts or information that he/she deems necessary in reaching his decision. Cambodia’s judiciary is evolving from a situation where approximately 80% of the sitting judges have no formal legal education to more recent appointments of judges who have graduated from the national law school. It appears therefore that judges are more qualified, but in order to afford due process, the judge must be free from political pressure and not corrupt. That is the test of whether or not a particular jurisdiction- here the Cambodian court system affords the accused of “due process” under the law.
12:20, stop stalling; we just want to see a few cases won by Ah Khmer-US over the last 30 years. Is that too much to ask?
1:52 AM
Please allow me to briefly encapsulate you about the U.S. due process, of course, with in accordance of constitutionality of the law, particurly procedural justice. Statistically, if you're minority living in a ghettor neighborhood, you're poor, and therefore unable to afford an attorney (s). On the other hand, however, the justice seems to favor you if you had the money to buy the best attorney (s) money can buy, if not, most likely you will not be exculpated for the alleged perpetrated crime. Unfortunately, this is how the game is played in the land of opportunity.
Moreover, to further illustrate my point, for instance, take a closely look at the recent incident involving the former governor of New York. Case in point: after the ignominious and egregious sex scandal involving with a high-priced liason, do you think the former governor will spend time behind bars? However, if he not exonerated, he will perhaps spends no more than 24 months in prison. But if he happened to be minority, like most Cambodian immigrants, the case would have been different, and more time will be served.
Good day!
To 3:54
You have brough a perfect case to display the "due process" at its best in practice, however, people like 1:14 cant seem to comprehend such decision that is based on penal system that conducted itself under rules of law. I think he lets his ignorance to clouded his judgement when it comes to laws and orders. Cambodia is over 2000 years old and is getting smaller and the US is only 375 years old and she has become an Empire. Who do we really blame for the down sizing of our country? Was it because of our politicians who claimed to understand the indept of the core problems in Cambodia or just a loud mouth SOB like we have seen in this forum?
I thank you.
ST
Let's see some case won by Ah Khmer-US please, enough bullshit, 4:18.
Come on guys, we got thousands of your convicts here, and we know there are thousands more in long beach. Thus, we know there there were thousands of cases being tried. All we want to see is a few cases were Ah Khmer-US had been equited. Is that unreasonable?
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