Op-Ed by Chanda Chhay
If there were such a thing as an Institution of Injustice, the Cambodian Municipal Court in Phnom Penh would certainly fit into this dubious distinction. The way Judge Chhay Kong handled the case of Mr. Dam Sith, the editor of Moneasekar Khmer newspaper, was not only a miscarriage of justice but also a brazen abuse of the laws as well as the institution (court), which he represented. The issues of miscarriages of justice or judicial abuses could have happened anywhere, but Mr. Dam Sith’s case certainly merit some discussion, for it is so blatantly mediocre even a non-lawyer like me could see the flaws.
A few days ago, amidst local and international condemnations, Judge Chhay Kong issued a firm refusal to a request from a dozen or so Members of Parliament for the release of Mr. Dam Sith on the ground that they (MP’s) had no “rights” or jurisdiction to meddle in judicial procedures (See Judge Chhay Kong’s letter in Khmer at the end of this article). However, two days after denying those MP’s request, Judge Chhay Kong has turned the integrity of his court and his noble principle of keeping outside influences away from judicial procedures upside down, when he suddenly bent backward to accept a lone Member of Parliament and head of the executive branch, Mr. Hun Sen’s request to release Mr. Dam Sith. Unbelievable! It is certainly counterintuitive to see any person, let alone a judge whose decision could take a person’s liberty or life away, making such an irrational decision.
One simple premise: If those other members of parliament had no rights to intervene in the judicial procedures, neither could Mr. Hun Sen, who is also a member of parliament. Therefore, Judge Chhay Kong should also firmly and confidently tell Mr. Hun Sen that he has no rights to interfere in the judicial procedures.
I know I am being harsh on this poor Judge Chhay Kong, who has possibly been pressured by powerful politicians to act according to their wicked whim. In a dictatorial democracy like Cambodia, it is not unusual to see a judge stuck between a rock and a hard place. But, that said, it doesn’t mean that we shouldn’t confront our predicaments and rise up to the challenges. After all, judges could not and should not afford to make mistakes or be reckless about their decisions because a person’s liberty or life depends very much on them. When a judge could not see this simple moral imperative, it is best for him or her to give up the law books and find a different career.
Chanda Chhay
Washington, DC.
Click on Judge Chhay Kong's letter to zoom in
A few days ago, amidst local and international condemnations, Judge Chhay Kong issued a firm refusal to a request from a dozen or so Members of Parliament for the release of Mr. Dam Sith on the ground that they (MP’s) had no “rights” or jurisdiction to meddle in judicial procedures (See Judge Chhay Kong’s letter in Khmer at the end of this article). However, two days after denying those MP’s request, Judge Chhay Kong has turned the integrity of his court and his noble principle of keeping outside influences away from judicial procedures upside down, when he suddenly bent backward to accept a lone Member of Parliament and head of the executive branch, Mr. Hun Sen’s request to release Mr. Dam Sith. Unbelievable! It is certainly counterintuitive to see any person, let alone a judge whose decision could take a person’s liberty or life away, making such an irrational decision.
One simple premise: If those other members of parliament had no rights to intervene in the judicial procedures, neither could Mr. Hun Sen, who is also a member of parliament. Therefore, Judge Chhay Kong should also firmly and confidently tell Mr. Hun Sen that he has no rights to interfere in the judicial procedures.
I know I am being harsh on this poor Judge Chhay Kong, who has possibly been pressured by powerful politicians to act according to their wicked whim. In a dictatorial democracy like Cambodia, it is not unusual to see a judge stuck between a rock and a hard place. But, that said, it doesn’t mean that we shouldn’t confront our predicaments and rise up to the challenges. After all, judges could not and should not afford to make mistakes or be reckless about their decisions because a person’s liberty or life depends very much on them. When a judge could not see this simple moral imperative, it is best for him or her to give up the law books and find a different career.
Chanda Chhay
Washington, DC.
Click on Judge Chhay Kong's letter to zoom in
15 comments:
I really admire Mr. Chanda Chhay's comments on the injustice decision making by Chhay Kong who should see himself as a puppet of the Goverment and must resign from his position as a judge and hide himself from the public.
what do you expect. do you think he is going to bite the hand that feeds him!!
well done mr chhay kong, i like your comments
Don't blame CHHAY KONG,he's only working for CPP.
This idiot Chhay Kong has shamed his parents, his ancestors and all his classmates for his idiot decision to arrest Dam Sith at the instruction ah evils Hor Nam Hong. His picture should be distributed to all foreigner Embassies to prevent him from fleeing Cambodia. He is a real idiot.
Don't worry Hun Sen and his CPP will not last forever. Even if these CPP people are marrying each other to cling to power all they can achieve is creating a bunch retarded children of theirs.
Wake up Hun if things always go according to plan, the Roman Empire would rule the world until now, but it's not the case. Think about it how many dictator has had a peaceful death.
Oh, shut the fuck up, Ah Jkout (Chanda Chhay). There is nothing wrong with the judge doing PM Hun Sen a favor for freed him and his relative from the Khmer Rouge regime. I would do the same. Cambodia is not your stupid Westerner's textbook. You got that?
How many dictators has had a peaceful death ? .The answer is A FEW.
1- Chairman MAO.
2- Joseph Staline
3- kim ill sung
To 8:41PM
Based on the last few sentences of your comment and the time of your post, you could be one of the judges in Cambodia. One of my best friends is also a Cambodian judge. I must tell you that I hear your frustration and have great sympathy for your guys. Many of you have tried the best you can to work within the system. For that, I admire you. So hang in there buddies. Life is never easy in this world.
Chanda C.
What kind of law forced imprisonment for defamation case? It is a ridiculous law. The case is civil in nature and arrest and imprisonment should not be part of it.
while all of you are discussing the way things should happened (civil case for defamation), it is fair to say that everything in Cambodia is "unusual". Remember during the KR's rule, any "mistake" made by ordinary people, be it picking fruits to eat, trying to run away from hardship or simple lies...were met by one punishment: death.
The same thing applies to this bunch of thugs who are running Cambodia today. They design the law s and interpret them the way they want...any simple "mistake" made by those who do not belong to their "political family" is a "crime". This kind of law is designed to keep people quiet.
Beside who cares, none of these jokers never went to a credible "law school" themselves. They were not trained to be "honest", or to have a sense of "honor". What is decency ???
Judge in Cambodia is a very lucrative business. They all owe their seat to their protectors and all want to be seen as "defenders" of some kind.
We also know that this guy Ho Nam Hong(check this, his real name was: Ho Nam Hong, not Hor) was very much involved with the KR's regime in Boeung Trabek., but he managed to wrest himself away from the pact, just in time to be with the new arriving team (Hun Sen, Chea Sim etc.) in early '79.
But there is nothing we can do, he controls all the nuts and bolts in the country's judiciary system.
So, one may have noticed that "judges" or "court rulings" in Cambodia are a matter of laughing stock. They are jokers and most of the time they are shameless.
yes, i know, cambodia still needs a lot of work in reforms of our justice system, the judiciary branch of gov't. i think it ties to corruption as judges takes bribes and favoritism, not good for the country, until that is reformed and changed. god help cambodia.
Great opinion Chanda!! If Khmer judges and leaders have such a wisdom like you, all Khmer people would live in happiness.
The comments in the article are reflective of the reality in the Cambodian judicial system, meddled by powerful politicians.
Then you must be on crack. We don't do that here, only in the west.
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