Press Release: Asian Human Rights Commission
Cambodia: Law On The Statute Of Judges, Not Their Retirement, Is The Right End From Which To Tackle Judicial Reform
Last June the Cambodian government ignored the jurisdiction of the nomination and discipline of judges and prosecutors of the Supreme Council of the Magistracy (SCM) when it bypassed the court and got the King, who is chairman of this supreme judicial council, to retire and replace half of the eight SCM members. The retired members were Ouk Vithun, Prosecutor General of the Supreme Court, 62, an ex-officio member; Henrot Raken, 68, Prosecutor General of the Appeal Court, another ex-officio member; Khieu Sameth, 62, President of Kandal Provincial Court, an appointed member; and Sin Dim, 66, President of Preah Sihanouk Provincial Court, another appointed member.
The government’s infringement upon the SMC’s jurisdiction is unconstitutional as it violated the independence of the judiciary of which the SCM is an integral part. Apparently the government was not happy with the lack of the SMC’s swift disciplinary action against a provincial prosecutor whose alleged faults had been widely reported in the press.
Perhaps more importantly, the government was not happy with the SCM when the latter had not retired the judges and prosecutors it had proposed. The SCM had its own reasons for not heeding the government’s proposal. It wanted to uphold its independence and exercise its authority over the nomination and discipline of judges and prosecutors.
Even more importantly, there was no law on the statute of judges and prosecutors which should set the retirement age for them. The government has not yet enacted this long overdue law and also the law on the organization of the judiciary when the country‘s Constitution has specifically stipulated the need to enact both laws since 1993. Like the law on the statute of civil servants and the law on the statute of members of the armed forces, which have not been specifically stipulated in the Constitution and which had both been enacted in the mid-1990s, this law on the statute of judges and prosecutors would determine, among other things, the age of retirement for judges and prosecutors. Without this law, the SCM would have no legal basis to retire judges and prosecutors.
The SCM did not comply with a government decree (not a law) which has been echoed by subsequent government circular letters and which fixes the retirement age of 60 for judges and prosecutors when this decree was based on no law on the statute of judges and prosecutors. This inaction has led the government to accuse the SCM of defending certain members of the judiciary who have wished to remain in active service.
Now with a new composition more amenable to the government’s wishes, the SCM sets out to retire some 27 elder judges and prosecutors, retirement which some have seen as part of the long overdue judicial reform.
However, the retirement of the four members of the SCM in June and the planned retirement of a big batch of judges and prosecutors are but palliatives to defuse mounting pressure for judicial reform. These measures have tackled this reform at the wrong end and have in no way come to address the real issue of the legal foundation of Cambodia’s entire judiciary. They have further violated the constitutional principle of the separation of powers, judicial independence and consolidated the executive control of the judiciary.
If the government is not happy with the functioning of the SCM, the Prime Minister should raise the issue with the King who is its chairman when he has an audience with him twice a month (Art.20 of the Constitution). The government should not delay any further the enactment of the law on the statute of judges and prosecutors and the law on the organization of the judiciary so that judges and prosecutors, who belong to the same body of magistrates, would have proper legal status, which they don’t have at the moment, and all courts of law would be duly established by law, which they are not at the moment. Everyone would thus be entitled to be tried by an independent, competent and impartial tribunal established by law, a right which is specifically stipulated under Article 14 of the International Covenant on Civil and Political Rights to which Cambodia is a party.
The government cannot apply the law on the nomination of judges and on the functioning of courts of law enacted in the communist days, prior to the promulgation of the current Constitution, and any decree enacted thereof when they are not among the “Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, (which) shall continue to be effective until altered or abrogated by new texts” under the transitional article 158 of the current Constitution.
The absence of the law on the statute of judges and prosecutors poses a big problem of legitimacy for the composition of the SCM itself whose three judge members should be elected by their peers, an election which has been held up for 16 years, which is too long. The lack of the legitimacy of the composition of the SCM in turn questions the legitimacy of the composition of the country’s Constitutional Council which is a sort of a constitutional court, whose three members are appointed by the SCM.
The Asian Human Rights Commission (AHRC) urges the Cambodian government to prioritise the building of the legal foundation and framework of the country’s entire judiciary, its organization and the status of judges and prosecutors by enacting the law on their statute, including their retirement age, in tandem with the law on the organisation of the judiciary, two of the important laws that are specifically stipulated in the country’s constitution. This is the right end from which it should tackle judicial reform in Cambodia.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
The government’s infringement upon the SMC’s jurisdiction is unconstitutional as it violated the independence of the judiciary of which the SCM is an integral part. Apparently the government was not happy with the lack of the SMC’s swift disciplinary action against a provincial prosecutor whose alleged faults had been widely reported in the press.
Perhaps more importantly, the government was not happy with the SCM when the latter had not retired the judges and prosecutors it had proposed. The SCM had its own reasons for not heeding the government’s proposal. It wanted to uphold its independence and exercise its authority over the nomination and discipline of judges and prosecutors.
Even more importantly, there was no law on the statute of judges and prosecutors which should set the retirement age for them. The government has not yet enacted this long overdue law and also the law on the organization of the judiciary when the country‘s Constitution has specifically stipulated the need to enact both laws since 1993. Like the law on the statute of civil servants and the law on the statute of members of the armed forces, which have not been specifically stipulated in the Constitution and which had both been enacted in the mid-1990s, this law on the statute of judges and prosecutors would determine, among other things, the age of retirement for judges and prosecutors. Without this law, the SCM would have no legal basis to retire judges and prosecutors.
The SCM did not comply with a government decree (not a law) which has been echoed by subsequent government circular letters and which fixes the retirement age of 60 for judges and prosecutors when this decree was based on no law on the statute of judges and prosecutors. This inaction has led the government to accuse the SCM of defending certain members of the judiciary who have wished to remain in active service.
Now with a new composition more amenable to the government’s wishes, the SCM sets out to retire some 27 elder judges and prosecutors, retirement which some have seen as part of the long overdue judicial reform.
However, the retirement of the four members of the SCM in June and the planned retirement of a big batch of judges and prosecutors are but palliatives to defuse mounting pressure for judicial reform. These measures have tackled this reform at the wrong end and have in no way come to address the real issue of the legal foundation of Cambodia’s entire judiciary. They have further violated the constitutional principle of the separation of powers, judicial independence and consolidated the executive control of the judiciary.
If the government is not happy with the functioning of the SCM, the Prime Minister should raise the issue with the King who is its chairman when he has an audience with him twice a month (Art.20 of the Constitution). The government should not delay any further the enactment of the law on the statute of judges and prosecutors and the law on the organization of the judiciary so that judges and prosecutors, who belong to the same body of magistrates, would have proper legal status, which they don’t have at the moment, and all courts of law would be duly established by law, which they are not at the moment. Everyone would thus be entitled to be tried by an independent, competent and impartial tribunal established by law, a right which is specifically stipulated under Article 14 of the International Covenant on Civil and Political Rights to which Cambodia is a party.
The government cannot apply the law on the nomination of judges and on the functioning of courts of law enacted in the communist days, prior to the promulgation of the current Constitution, and any decree enacted thereof when they are not among the “Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, (which) shall continue to be effective until altered or abrogated by new texts” under the transitional article 158 of the current Constitution.
The absence of the law on the statute of judges and prosecutors poses a big problem of legitimacy for the composition of the SCM itself whose three judge members should be elected by their peers, an election which has been held up for 16 years, which is too long. The lack of the legitimacy of the composition of the SCM in turn questions the legitimacy of the composition of the country’s Constitutional Council which is a sort of a constitutional court, whose three members are appointed by the SCM.
The Asian Human Rights Commission (AHRC) urges the Cambodian government to prioritise the building of the legal foundation and framework of the country’s entire judiciary, its organization and the status of judges and prosecutors by enacting the law on their statute, including their retirement age, in tandem with the law on the organisation of the judiciary, two of the important laws that are specifically stipulated in the country’s constitution. This is the right end from which it should tackle judicial reform in Cambodia.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
7 comments:
Cambodia Town
Long Beach, Ca
I have a propose for Samdech Deycho Hun Sen about reforming judges, prosecutors.
To be qualifies to apply for judges, prosecutors those person must be lawyers for at least ten years, actually the rotation of the term are fine. The experienced judges, prosecutors had more undertood for the need of people, theirs retirement ages should be 67 years old. Therefore, the judges should have less jurisdiction in the court on verdicts about the defends guilty or innocent by selecting 12 jurors system to vote on it in criminal case.
New Phally
Ah fucking New Phally CPP's arse kisser must learn how to write English.
i think sometimes it's good that there are different perspectives; it's part of the debate, i think.
Ah New Phally, you're support Cambodian People's Party Hun Sen Khmer Rouge Regime who is killing innocent Khmer peoples, do me a favor don't ever tell anyone that you are Khmer, because you make Khmer peoples look bad.
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Executions
Massacres
Atrocities
Crimes Against Humanity
Starvations
Overwork to Death
Slavery
Rapes
Human Abuses
Assault and Battery
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leader of the Free Trade Union
Attempted Assassinations on Chea Vichea and Sam Rainsy
Attempted Murders on Chea Vichea and Sam Rainsy
Executed members of FUNCINPEC Party
Murders members and activists of Sam Rainsy Party
Killings
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and others military official on board.
Illegally Sold State Properties
Illegally Remove Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Under Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed all of these crimes above within Hun Sen Khmer Rouge government have ever been brought to justice.
UNDER AGE CHILD SEX
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed under age child sex.
Svay Sitha is a senior government official from Cambodian People's Party.
Svay Sitha had a sexual relationship with Tat Marina, she was only 16 years old.
Source: Human Rights Watch
ACID ATTACK ON TAT MARINA
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed acid attack.
"On December 5, 1999, Tat Marina, age 16, was severely disfigured in an acid attack in Phnom Penh. The attack was allegedly committed by Khun Sophal, the wife of a senior government official, Svay Sitha, because she was angry her husband had a sexual relationship with Tat Marina. Neither Khun Sophal nor those suspected of being her accomplices in the attack were brought to justice. Intense media publicity compelled the Phnom Penh Municipal Court to issue an arrest warrant for Khun Sophal for attempted murder, but the police claimed that they could not locate her, although journalists reported that she was living at home as usual."
Source: Human Rights Watch
TORTURE AND MURDER ON PRAK SITHA WHILE IN CUSTODY BY MISNISTRY OF INTERIOR OFFICIAL
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed torture and murder.
"On the night of January 16, 2003, a street youth named Prak Sitha was beaten to death at the Ministry of Interior (MOI) headquarters after he was arrested and detained by off-duty MOI officers on suspicion of theft. His body - bearing numerous injuries to the head, torso, arms, and legs - was dumped at a Phnom Penh pagoda the following morning by ministry officers, in violation of police regulations regarding deaths in custody. No criminal charges were filed in connection with this death. In December 2004, the case was cited by the UN secretary-general's special representative for human rights in Cambodia - who stated that Prak Sitha died at the ministry "following beatings by a known police officer" - as an example of a "consistent and continuing pattern of impunity" in Cambodia."
Source: Human Rights Watch
PUT SAMPHORS WAS SHOT DEAD BY MEAN SOKCHEA, A RCAF MAJOR WORKING IN BRIGADE 70.
Hun Sen's personal Bodyguards Unit (Brigade 70) is a terrorist organization.
Hing Bunheang is a March 30, 1997 Grenade Attack suspect identified by the FBI.
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed murder, again.
"On September 4, 2008, Mean Sokchea, a RCAF major working in Brigade 70, shot dead 21-year-old waitress Put Samphors at a restaurant in Kandal province. Mean Sokchea, in a drunken stupor, fired his gun and apparently mistakenly hit Put Samphors in the stomach. She was taken to a hospital but later died of her wounds. Mean Sokchea was detained by the police overnight but was then released, allegedly after intervention by Hing Bun Heang. Put Samphor's family received US$2,700 from Mean Sokchea, and the police told them that their daughter was shot while authorities were chasing robbers."
Source: Human Rights Watch
stop being bias, would you, you have your opinion, i have mind. there's nothing wrong with it! it's called democracy, a free world, you know! i'm tired of living in fear! demand change for cambodia, please!
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