UN diplomat denounces court system

U.N. special rapporteur Surya Subedi at the U.N. headquarter in Phnom Penh, Cambodia. (Photo: The Phnom Penh Post)

Tuesday, 21 September 2010
Sebastian Strangio
The Phnom Penh Post

CAMBODIA’S court system continues to be hobbled by political interference, corruption and a lack of resources, according to the United Nation’s human rights envoy to Cambodia.

In a report released publicly last Thursday, Surya Subedi, the UN’s special rapporteur for human rights, recommended sweeping changes to a court system that he said fails to provide justice to the poor and vulnerable.

“Although the Constitution of Cambodia provides for the separation of powers between the three main organs of the State, in practice the distinction between these organs is blurred and the executive branch dominates the judiciary,” he wrote.

In his candid survey of the country’s courts, Subedi recognised the progress that had been made in passing key legal reforms, but said judicial proceedings continued to be “used by the rich and powerful in many cases to dispossess, harass and intimidate the poor” and those representing them.

The problem has been compounded by a lack of legislation to strictly define the roles and responsibilities of judges and allow them to operate impartially. He noted that corruption seemed to be “widespread at all levels in the judiciary”.

The report, which is based on Subedi’s mission to the Kingdom in June, highlighted the recent cases against Sam Rainsy Party lawmaker Mu Sochua and Khmer Machas Srok newspaper publisher Hang Chakra as examples of political interference in the courts. He also cited the difficulty of the poor in settling land disputes through the courts, with many villagers bypassing the process altogether by making personal appeals to powerful officials.

Subedi closed the report with a series of recommendations, including new laws banning political party members from being appointed as judges and the decriminalisation of defamation.

Sok Sam Oeun, executive director of the Cambodian Defenders Project, said he agreed with the report’s general conclusions, and that steps needed to be taken to secure the courts’ independence.

“In the future, if we do nothing maybe it will get worse, and the space will be very narrow,” he said. But he added that reforms would require more commitment from foreign donors, who he said have recently scaled back support for legal reforms.

Government officials dismissed the report’s conclusions, saying it did not place enough weight on the country’s achievements.

“Now we are taking care to strengthen the system and strengthen the law,” said Phay Siphan, spokesman for the Council of Ministers. “[Subedi] doesn’t know what’s going on in Cambodia.”

He pointed to reforms enacted since the civil war ended in 1998, including the successes of the Khmer Rouge tribunal and the passage this year of the Law on Anticorruption, which he said would be used to quash corruption in the courts.

Om Yentieng, chairman of the government-run Committee of Human Rights, could not be reached yesterday. Subedi is to present his report to the UN Human Rights Council next week.

SRP: Accusation of terrorism on activists is a trick

08 July 2010
By Meas Mony
Free Press Magazine Online
Translated from Khmer by Socheata
Click here to read the article in Khmer

Cambodia’s opposition indicated that the terrorism accusation leveled by the Kampong Thom provincial court against SRP activists is a trick to weaken the SRP.

Yim Sovann, SRP MP and spokesman, told reporters on Wednesday that 4 SRP activists were accused of terrorism by the Kampong Thom provincial court. Yim Sovann said that this a renewed accusation after the same problem took place once in 2004 when the court summoned these men to go to court to clarify, but had to release them back due to lack of sufficient evidence.

Yim Sovann said: “They [the CPP] know that they cannot stop the SRP’s popularity, therefore, they don’t know what else to do but to raise this old case back in order to threaten our party.”

The four suspects include: Uk Thorn, SRP advisory chairman for Balaing district; Kim Hong, Kroya commune councilor; and Koy Koeun and Choam Cheav who are both SRP activists.

Uk Thorn said that this accusation stems from an event that took place in 2004. He explained that Kroya commune villagers living in Santuk district, were concerned about rumors spreading that a group of thieves would attack villagers with syringes during their sleep. The group of thieves was called the “paper tiger.” Uk Thorn’s colleagues reported the concerns to the provincial authority through a letter, however the end result was that the authority turned around and accused his group of spreading rumors and of creating unrest, then the court went on to accuse his group of terrorism.

Yim Sovann said that Kroya villagers suffered from the confiscation of their lands by the authority to give to a Yuon company for a rubber plantation. Because of this condition, the villagers went on to provide strong support to the opposition SRP party. This was the reason why the CPP created problems to try to weaken the SRP.

Carol Rodley: Cambodian trials should be transparent

US Ambassador Carol Rodley (Photo: Kem Sos, RFA)

29 January 2010
By Den Ayuthyea
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

The US ambassador to Cambodia said that all trials by the court should be conducted with transparency and fairness.

Mrs. Carol Rodley, the US ambassador to Cambodia, said that she is following closely all court hearings and trials, whether they involve politicians or ordinary citizens.

Mrs. Rodley did not comment on the Svay Rieng court decision handed down to Mr. Sam Rainsy, but she simply said that all court hearings should be conducted with transparency and fairness.

Through a translator, she said: “We are closely following this trial, and it’s not just trials involving politicians and VIPs, but also on various other trials as well. All trials should be conducted with transparency and fairness.”

Mrs. Rodley made this declaration one day after the Svay Rieng provincial court sentenced opposition leader Sam Rainsy to 2-year jail term.

On 27 January 2010, opposition leader Sam Rainsy was sentenced in absentia by the Svay Rieng provincial court to 2-year of jail term, and he was also fined with several million of riels after he was accused of destruction of public properties and incitation of racial discrimination. The sentencing was issued after Sam Rainsy and a number of villagers from Chantrea district, Svay Rieng province, uprooted stakes for border post no. 185 in October 2009.

Mrs. Rodley did not think that Mr. Sam Rainsy’s case was political, but she indicated that, if this case reaches the Appeal court, and the decision by Appeal court could be fair and transparent, then it would be a good sign.

Mrs. Carol Rodley said: “I think that if this case reaches the Appeal court, and if the Appeal court could be transparent and fair [then it would be a good sign].”

Mr. Sam Rainsy considered the 2-year jail sentence on him, and the 1-year jail sentence handed down to 2 other villagers are not what matter, but the problem is centered on the Cambodian authority giving away Cambodian territories to foreigners, and the latter is the main problem.

Journalist Handed Two Years for Disinformation

(Photo: Khmer Sthapana)

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
06 November 2009

Phnom Penh court on Friday sentenced a freelance journalist to two years in prison for disinformation, following alleged threats made to a TV commentator.

Ros Sokhet, 40, a part-time journalist for the Southeast Asia Globe, was arrested Oct. 28, after sending several text messages to Soy Sopheap, questioning the CTN celebrity over allegations of corruption.

Judge Chhay Kong said the text messages “dishonored” Soy Sopheap and caused problems for society, dismissing Ros Sokhet’s claims that he had been seeking comment from him, not threatening him.

Prosecutors said Ros Sokhet sent the text messages to four other people, enough for a disinformation charge.

Ros Sokhet is the second journalist to be jailed under defamation or disinformation laws, following the arrest of Hang Chakra, an opposition journalist who ran stories alleging corruption within the powerful Council of Ministers.

Ros Sokhet’s sister, Kearaveak, said Friday the court should investigate further and release her brother on bail.

Soy Sopheap said Friday the decision had been fair.

But Um Sarin, president of the Cambodian Association for the Protection of Journalists, said the case showed a lack of understanding between two reporters who do the same job.

The Cambodian government must act against violence

Opposition SRP sign painted over (Photo: SRP)

9/5/2008
Ch. Narendra
MyNews.in (India)

The court of Phnom Penh has not so far acted upon the lawsuit filed by Ho Vann, a SRP Member of Parliament. Yet the same court has acted upon a criminal lawsuit against Sam Rainsy, the SRP leader, and has issued a summons for Sam to appear before it soon after the lawsuit had been filed.

Preparations are now under way for the next general election scheduled for 27 July 2008. Although the electoral campaign cannot begin until 30 days prior to the polls, political parties are already conducting a flurry of activities to challenge one another to score points and win votes. These activities include various measures to enlist more party members and supporters so as to deny them to rival parties.

As in past elections, all these activities are accompanied by a degree of violence, different kinds of government restrictions and also legal action against opponents. All these troubles hit almost exclusively the opposition parties. Interestingly, the ruling Cambodian People’s Party (CPP), formerly a communist party, is free of such problems.

So far, lured by offers of public offices by the ruling party and unhappy with their party, six Members of Parliament and many members of the opposition Sam Rainsy Party (SRP), the second largest party, have recently defected to the CPP. Opposition parties have banner signs dismantled or painted over, and their members have received threats and intimidation and have even been beaten. According to an election monitoring report dated March 2008, in 2007, there were altogether 51 cases of threat against all non-ruling parties, mostly against SRP (29), and 12 sign dismantling cases, creating a climate of fears among opposition activists. Such troubles are not expected to decline this year at the approach of the polls.

On 22 March 2008, a district security force of some 20 men went to put down an SRP banner sign in Phnom Penh and allegedly beat a SRP Member of Parliament named Ho Vann who was trying to protect the sign. Two days later, Ho filed a criminal lawsuit to the court of Phnom Penh against the perpetrators for battery and destruction of property with all evidence in support.

More recently, on 3 May, Noeu Noeuy, who is chief of Banteay Chhmar South village, Banteay Chhmar commune, Thmar Puok district, Banteay Meanchey province and also the CPP village committee chairman kicked and beat Hem Poeu who is chief of a group of houses in the village, when Hem refused to join CPP. This incident happened after Noeu had made a CPP membership card for Poeu with Poeu’s photo on it as if to force the latter to join CPP. After this discovery Poeu loudly told Noeu he would not “walk along the wrong path… I will not walk with you, the communist lot”. Poeu was the supporter of another party. When he walked away after this encouter, Neou kicked him from behind and beat his head and neck.

In all incidents affecting the opposition parties so far, the police and the courts of law, widely known as under political control of the ruling party, did not show any diligence in their investigations, and no perpetrator has been apprehended and brought to justice so far.

The court of Phnom Penh has not so far acted upon the lawsuit filed by Ho Vann, a SRP Member of Parliament. Yet the same court has acted upon a criminal lawsuit against Sam Rainsy, the SRP leader, and has issued a summons for Sam to appear before it soon after the lawsuit had been filed.

On 22 April Hor Nam Hong, Deputy Prime Minister and Minister of Foreign Affairs and also a leading CPP member, filed this criminal lawsuit for defamation and disinformation at the court of Phnom Penh after Sam Rainsy had made a public speech Hor has alleged to have affected his name.

Sam made that speech on 17 April at a ceremony to commemorate the seizure of power by the Khmer Rouge and the beginning of their massacres of the Cambodian people on that day in 1975. Sam said that two ministers of the current government had been Khmer Rouge cadres. He mentioned that one minister, Senior Minister for Economics and Finance, had been Khmer Rouge Leader Pol Pot’s secretary and translator, and the other minister, Deputy Prime Minister and Minister of Foreign Affairs, had been chief of the Khmer Rouge prison at Boeung Trabek in Phnom Penh.

Earlier, in March, the court of Kompong Thom Province also acted promptly at the behest of Prime Minister Hun Sen, the CPP Vice-Chairman. On 17 March 2008, in a public speech, Hun Sen ordered with insistence investigations into alleged criminal offences against three persons who were working for CPP.

The first person named Tim Norn who was a woman commune councilor of Pong Ror commune, Baray district, Kompong Thom province. It was alleged Tim’s fellow SRP members had confined her against her will so as to prevent her from defecting to CPP. An SRP member named Tuot Sarorn, who was chief of Pong Ror commune, was soon arrested and has been in jail since. The other two persons were living in Takeo province. Both have allegedly received death threats through their phones while they were working to enlist support for CPP.

Violence against opposition parties, the absence of action against such violence together with restrictions on their activities not only mar the electoral process but also put these parties at a serious disadvantage compared with the ruling party. When opposition parties are placed in such difficult circumstances, it cannot be expected that the election will be free and fair.

The Cambodian government cannot ensure such a free and fair election as prescribed by the country’s Constitution without ending this violence, taking action against it without any discrimination, and creating a climate whereby all parties can conduct their political activities in security and freedom, and voters can freely exercise their choice.