AFP
PHNOM PENH (Cambodia) - THE UN special rapporteur for human rights urged Cambodia on Thursday to boost judicial independence as he warned that courts faced 'tremendous challenges' in providing justice for the poor.
Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system.
Wrapping up a 10-day fact-finding mission on the workings of the courts system - which has faced accusations of corruption and political tampering in the past - Mr Surya said obtaining justice for the poor and marginalised was a particular problem. The UN representative said he was 'troubled' by the impact of land disputes and resettlement on ordinary people.
'If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management system, or through the court,' he told a press conference. Cambodia has faced mounting criticism over the past few years because of a spate of forced evictions throughout the country at the hands of army and police.
Mr Surya - who was appointed last year after his predecessor Yash Ghai resigned following a war of words with the government - also expressed concern about the 'narrowing of the political space for critical debate' because of the disproportionate use of court actions.
Rights groups have heavily criticised authorities in the past year for launching a number of defamation and disinformation law suits against critics and opposition members.
Surya Subedi said a range of issues, including external interference in proceedings and a lack of awareness of human rights standards, meant the public did not have confidence in the legal system.
Wrapping up a 10-day fact-finding mission on the workings of the courts system - which has faced accusations of corruption and political tampering in the past - Mr Surya said obtaining justice for the poor and marginalised was a particular problem. The UN representative said he was 'troubled' by the impact of land disputes and resettlement on ordinary people.
'If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management system, or through the court,' he told a press conference. Cambodia has faced mounting criticism over the past few years because of a spate of forced evictions throughout the country at the hands of army and police.
Mr Surya - who was appointed last year after his predecessor Yash Ghai resigned following a war of words with the government - also expressed concern about the 'narrowing of the political space for critical debate' because of the disproportionate use of court actions.
Rights groups have heavily criticised authorities in the past year for launching a number of defamation and disinformation law suits against critics and opposition members.
5 comments:
i don't agree with the statement or claim that cambodia court is troubling. i think it's more like they need reforms in order to service justice better and fairly for the people and country. when the last time they reformed the court system or the judiciary system, really! this kind of national institution needs a constant or continuing eduation and training to keep up with updated information and changes as well, you know! yes, "inadequate" sounds more appropriate, but not "troubling", ok!
Khmer and the world need to know what the UN going to do NOW that they are awared of the problem.
The problem exist several decades now. WHAT IS UN GOING TO DO ????
Perhap, khmer around the world need to demonstrate this issue in front of all UN buildings ????
Democratic Kampuchea Pol Pot Khmer Rouge Regime
Members:
Pol Pot
Nuon Chea
Ieng Sary
Ta Mok
Khieu Samphan
Son Sen
Ieng Thearith
Kaing Kek Iev
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Tortures
Brutality
Executions
Massacres
Mass Murder
Genocide
Atrocities
Crimes Against Humanity
Starvations
Slavery
Force Labour
Overwork to Death
Human Abuses
Persecution
Unlawful Detention
Cambodian People's Party Hun Sen Khmer Rouge Regime
Members:
Hun Sen
Chea Sim
Heng Samrin
Hor Namhong
Keat Chhon
Ouk Bunchhoeun
Sim Ka...
Committed:
Attempted Murders
Attempted Murder on Chea Vichea
Attempted Assassinations
Attempted Assassination on Sam Rainsy
Assassinations
Assassinated Journalists
Assassinated Political Opponents
Assassinated Leaders of the Free Trade Union
Assassinated over 80 members of Sam Rainsy Party.
"But as of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
Executions
Executed over 100 members of FUNCINPEC Party
Murders
Murdered 3 Leaders of the Free Trade Union
Murdered Chea Vichea
Murdered Ros Sovannareth
Murdered Hy Vuthy
Murdered 10 Journalists
Murdered Khim Sambo
Murdered Khim Sambo's son
Murdered members of Sam Rainsy Party.
Murdered activists of Sam Rainsy Party
Murdered Innocent Men
Murdered Innocent Women
Murdered Innocent Children
Killed Innocent Khmer Peoples.
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Brutalities
Police Brutality Against Monks
Police Brutality Against Evictees
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Abuses
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Embezzlement
Treason
Border Encroachment, allow Vietnam to encroaching into Cambodia.
Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.
Illegal Arrest
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.
Lightning strike many airplanes, but did not fall from the sky. Lightning strike out side of airplane and discharge electricity to ground.
Source: Lightning, Discovery Channel
Illegally Sold State Properties
Illegally Removed 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.
Use Dead people's names to vote for Cambodian People's Party.
Disqualified potential Sam Rainsy Party's voters.
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
Persecution
Unlawful Detention
Death in custody.
Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice.
I beg 12:23 AM not to cut and past again and again. I am sorry if I am not polite enough to you. If you still cannot stop yourself from doing it, you can try cut and past in your email box.
Judicial independence is not the root of the problem. Intimidation by those who are either rich and/or powerful occurs in many, many cases. A rich businessman who is accused of i.e. breach of trust for taking over land for example, might rely on the "Cambodian way" of solving it which means either under-the-table or threats-veiled or direct.
The only way to make real change is to vigorously prosecute anyone who make veiled or direct threats towards a judge or his family.
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