Seng Theary, president of the Center for Justice and Reconciliation. (Photo: Courtesy of Center for Justice and Reconciliation)Sok Khemara, VOA Khmer
Washington, D.C Friday, 25 June 2010
“It is only now that we have time to think about restoring the courts, which began in 1993 when Untac and the international community entered.”The justice system is plagued by a history of bad luck and the lack of current political will for reform, despite efforts to rebuild it since the arrival of the UN in the early 1990s, legal development experts told “Hello VOA” Thursday.
The legacy of the Khmer Rouge, which destroyed the courts, and former control by Vietnam both hampered the development of the system, said Seng Theary, president of the Center for Justice and Reconciliation.
“It is only now that we have time to think about restoring the courts, which began in 1993 when Untac and the international community entered,” she said.
Meanwhile, politics has divided the three branches of government, corruption has entered the training process for court officials and the courts are inadequately trained and equipped, she said.
Only about $2 million per year is spent on 26 different courts, including the Appeals and Supreme courts, she said.
Am Sam Ath, a rights investigator for Licadho, who also joined “Hello VOA” Thursday, said the courts lack independence, despite constitutional guarantees that theoretically separate power between the branches of government—executive, legislative and judicial.
“We have seen that there is interference from the executive branch in some ways, which leads to the issue of independence as still being a problem,” he said.
Trainee judges should be selected on merit and not be involved in political parties, he said, and should be taught to avoid corruption.
23 comments:
It is at least that court system being recognised it is crumbling due to the corruption.It may seem that only court body exists but NOT the spirit.
Prompt ourselve to roles in constitution is very vital.
King is also required to lead in active social roles for CHANGE.
It's moving pretty fast backward.
When Hun Sen wife's killed Pasith Palika, Hun Sen set up to have Kai Prasith in jail in Australia.
Hun Sen will be hung just like Saddam Hussein. Remember that, where you came from you will end up from where you from again. Looking back how Saddam Hussein came to power when he was living in Tikrit Iraq, it was a low life region that where Saddam Hussein came from. He was from a hole when the American he was hiding in a hole.
Khmer USA,
Don't forget Saddam Hussein hiding those $10,000,000,000.00 cash in the bunker somewhere he gets nowhere.
yes, my dear, cambodia could do better. please be patience. it takes trials and errors to get it all right eventually. i think one way is to encourage the independent of the country's judicial system. i think cambodia ought to look at the model of judicial system in the USA. if cambodia can imitate the america justice system, we are heading towards a much needed reforms, etc... our country and khmer people deserve better by now, having suffered so much pain, losses, predicament, etc... we hunger for an independent justice system, etc... may god bless cambodia and our khmer people.
Seng Theary, I would suggest you try to collaborate and integrate yourself with the govt to establish an independent judicial reform since you have known the law better. Must Cambodia move forward, of course but she does need helps.
If I was khmer prime minister I want Therry Seng as my advisor.
"The justice system is plagued by a history of bad luck...."? Bad luck? Bad luck? Try terrible, disastrous, immoral, murderous, dictatorial management! Whatever bad luck the Khmer court system had should have been washed away in 1993 when the world community went in there to rescue the whole country from itself. But instead of taking advantage of such unprecedented goodwill, the CPP brought the country to where it is today. The system now is much much worse than the system that Hun Sen fought to eliminate in the 70s.
The court system in Cambodia follows a totally different tradition from that of the U.S. court system. The Cambodia court follows the Civil Law tradition as does most of Europe, South America, Japan and, indeed, most of the world. It is accusatory rather than adversarial. The basic premise of the Civil Law system is that the judges must be well trained in the law and not corrupt. Cambodia, installed many judges who had not formal training whatsoever because no one including attorneys were left after the KR time. That situation has greatly improved since 93 because new judges are well trained at the law school. The same with attorneys many of whom went to Lawyers school which was a short course on how to be a lawyer, but now the new attorneys are well trained.
The problem with the courts is that anyone can threaten a judge and his/her family directly and indirectly. Second, is corruption of some who accept money. Once there is prosecution for those who threaten judges, and for those judges who accept money are prosecuted. All in all the court system has improved greatly and credit needs to be given to those judges who are doing a good job. Just because one loses his case before the court doesn't mean the system is broken. The characterization that the government tells judges what to do is not the case, but certainly, judges worry about possible consequences for rulings which run contrary to government sentiments.
The crossed-eye guy never been up to date when he got one he is surely surprise. This former KR used to wear a tire sandal or flip-flop now he is up with tie. He used to wear KR uniform black clad.
So,for this reason Hun Sen doesn't like to use the modern justice system to persecute people. He rather uses the intimidation and violence toward his opponents.
For so many years since the violence grenade throwing into the peaceful demonstration near the Assembly building in 1997. When he can't do anything to Sam Rainsy, Hun Sen allowed Sam Rainsy return back to Cambodia probably please Sam Rainsy not to open a can of worm.
Now, Hun Sen is branding people this and that and last he is painting SRP's members for being related to terrorist. What a reverse psychology that Hun Sen been playing with his political career. I don't think, US is buying Hun Sen praised that he is applauding the US how US imprison Chhun Yasith. FBI knew for good that Hun Sen and his Hok Lundy were the culprit behind the grenade throwing in 1997. Like the word George Bush once said, you can run but you can't hide. Soon or later Hun Sen will be just like Saddam Hussein, Nicolai Chuchescu of Romania that has been killed by his own death swat, Like Adi Amin, and Ferdinand Marcos.
Hun Sen should seek or find peace in his mind just do something good.
His bloody hands will be punished by god.
Khmer needs freedom and justice!
Khmer USA,
If Hun Sen chose theary seng as his advisor,there would be a conflict of self EGO that he still believe he is a tiger in the bush.
And on top of that some khmers still have bad habit of treating women less equal to themselve.
Mathematically,if x=5, and y=5, then x=y regardless x appears to different to y.The processes of rights and respect are quite the same whether who he/she is, it is all based on the ability and capacity ones can contribute to common purposes.
Bad treatement to women is rather out of date.Please keep ourselve updated cambodians,thank you.
4:47 you took the word out of my mouth. Political unwilling which intended to prevent the law of the land to be establish, and to prevent
prosecution of many cpp officials who
involving with criminals records.
Most cambodia lawyers are graduated from"HANIO" same of them are former khmer-rouge.They do not know how to spell democracy if they have problem with spelling they would run to there masters, CHINA OR VIETMAN for advise.And we all should remember what these two masters were in charged "THE KILLING FIELD"during khmer-rouge regime from 1975 to 1979.
12:33 not true. Cambodia has its own Law School which follows the French tradition Civil Law, and it now has a separate track in English taught by western attorneys from the common law tradition. The reality is that there has been much improvement in the rule of law and the court system since the inception of the Royal Government. I know that most don't want to hear the reality, and would rather engage in political trashing of anything to do with the Royal Government.
pity Ms Theary Seng....she cannot work in cambodia any more
1.17PM, please give one example of a fair and correct application of the law in Cambodia. If one side has more money and/or more connections than the other, then that first side wins, pure and simple. In most cases, the perpetrators are never brought to court in the first place, because of the power they wield. Any country's image is represented by the leaders or leadership group in that country. When you have high profile cases being always decided in favour of the powerful who are ruthless in exercising that power, then of course the image projected is a bad one. So if you want people to see the improvements, then fix the high profile cases. Let the critics see justice being done, then perhaps the thinking will improve. Otherwise, the criticism will continue, and people like you will have to keep denying the obvious like you are doing now.
In Cambodia, the madman Hun Sen always right eventhough Mrs. Mu Sochua was right in the first place Hun Sen himself and his clans that harrassed her.
The trial was biased in favor of Hun Sen. Since the top level of justice is 100% favor of Hun Sen the lawyers that thinking about the justice and fairness of every trial will not open their mind, thought to fight anymore. This will bar the next lawyers or the next generation of lawyers to work with their heart.
Hun Sen must make a reform for the justice in Cambodia regardless of he is in control now but doesn't he wants to see that happens him?
Khmer PP,
as long as all of these leeches and pigs are still in power, their laws are weaved to be the very comfortable mats for them to sit on. Of couse they have laws but laws to punish the innocent and save the guilty as money flies into the lawmakers pockeks. In developped country they practice laws of the land, whereas in Cambodia they practice laws of the jungle.
the law is cpp, and cpp is the law. any more question?
It does not matter if a judge is well trained and came from Harvard or any top law school in the world - civil or common laws model - if he or she could still be bought and intimidated by the ruling power, the country is still lawless, or at the least ruled by the law of the powerful and riches.
There must be some kind of real moral, financial, and legal fear of the consequences for those corrupted judges and the thugs who think they are above the laws.
I agree with 6:47 and 9:01. There's no question that the system is riddled with payoffs at every court level, and it often starts with the prosecutor and moves up. They all need to make money. The intimidation is probably present in every case where there is a rich and or powerful person because somehow they think they are above the law and can manipulate it. The only salvation is the Press because with high profile cases with high transparency and foreign media attention, the judges are more apt to follow the law. In order to protect judges, you need to pay well- set up a secure court compound where even the court personal can live- such as what Italy has done with the Mafia courts.
IT'S A SHAME! OF HUN SEN ACCUSED SAM RAINSY INVOLVED WITH CFF. WHAT'S ABOUT GRENADE ATTACKED IN 1997 AND KILLED LOTS OF PEOPLE INCLUDING INJURED ONE AMERICAN CITIZEN. ISN'T IT THAT A TERRORIST? ALL KHMER HAVE TO OPEN MIND AND SEE HOW HUN SEN'S REGIME CORRUPTED THE WHOLE COUNTRY FROM THE TOP TO THE BOTTOM. ANYWAY, I HOPE CAMBODIAN REALIZE AND RISE UP TO AGAINST THE CORRUPTION GOVERNMENT NOW AND DON'T ASK WHAT A COUNTRY CAN DO FOR YOU ASK WHAT YOU CAN DO FOR YOUR COUNTRY. WE HAVE 14 MILLIONS WHAT ARE YOU WAITING FOR. FIVE MILLIONS PEOPLE STAND UP NOW THAT WILL WORK TO FIND YOUR DEMOCRACY AND HUMAN RIGHTS.
Good laws only work well when those who elected and picked to carry it out have moral, good dignity, great knowledge, and contain the principles of justice to all. At this point, few Cambodians have little gut to stay up for what is right..we still use the jungle laws to govern. SR or Human Right parties all do the same. If you are not with us then you are against us..poor approach and poor governing system..Just because you say you are Cambodian Patriat does not mean you are more Cambodian than me..Not what you said but what you do for the the country that count...Justice to all Cambodians.
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