Showing posts with label Cambodian judges corruption. Show all posts
Showing posts with label Cambodian judges corruption. Show all posts

Thursday, August 30, 2007

Lawyer: Man at Center of Judge's Bribery Charges in Jail Unfairly

Chun Sakada, VOA Khmer
Original report from Phnom Penh
29 August 2007


The man accused of bribing former Appeals Court chief judge Ly Vuochleng is in jail unfairly, without evidence against him and without a confession, a Phnom Penh lawyer said Monday.

Accusations of bribery caused Ly Vuochleng her prestigious seat on the Appeals Court, but the man on the other end of the charges, Chhun Poch, is being detained unlawfully, attorney Kao Sopha said.

Offering a bribe is a minor offense and should not mean jail-time ahead of trial, he said, even if Chhun Poch had confessed, which he hasn't.

Ly Vuochleng's ouster from the Appeals Court led to the appointment of her replacement, You Bunleng, who is now at the center of a Khmer Rouge tribunal row.

You Bunleng has said he can fulfill both his role as a tribunal investigating judge and Appeals Court chief, but observers say this will be difficult.

UN rights envoy Yash Ghai said Monday the appointment of You Bunleng over Ly Vuochleng was unconstitutional and pointed to abuse of power by the executive branch, led by Prime Minister Hun Sen.

Tuesday, August 28, 2007

Kiwi Foreign Affairs to look into corruption allegations made by Cleghorn's relatives

Winston Peters is aware of the man's allegations

NZer in Cambodian jail makes claims of corruption

Tue, 28 Aug 2007
www.tv3.co.nz (New Zealand)

Foreign Affairs is looking into allegations of corruption in the case of a Wellington man jailed in Cambodia for raping five girls.

60-year-old Graham Cleghorn is serving 20 years in prison for the offence but maintains he was framed by an activist group seeking overseas money.

Mr Cleghorn's family has written to the minister Winston Peters claiming that a Cambodian defence lawyer asked for $16,000 thousand, just days before a second appeal hearing allegedly to cover costs.

A spokesman for Mr Peters says he is aware of the bribery allegations but believes it is too early to say what action, if any, will be taken.

Supporters of Kiwi rapist Cleghorn claim that their refusal to pay $16,000 bribe to the Appeals Court may have cost Cleghorn his freedom (?!?)

Kiwi's appeal judges 'wanted bribe'

Tuesday, 28 August 2007
By RUTH HILL
The Dominion Post (New Zealand)


Supporters of a former Wellington man jailed in Cambodia for raping five girls say their refusal to bribe the appeal judges with more than $16,000 may have cost him his chance at freedom.

The allegations of corruption stirred up by the case may have also instigated the downfall of Cambodia's Appeals Court president.

Graham Cleghorn, 60, was sentenced in 2004 to 20 years in prison for raping five of his employees, aged 14 to 19, in Siem Reap, 314 kilometres northwest of Phnom Penh.

The former Angkor temple tour guide maintains he was framed by the Cambodian Women's Crisis Centre, which he says fabricated the charges to get foreign aid money.

The group and complainants vehemently deny his claims.

Last month the Cambodian Court of Appeal threw out Cleghorn's second appeal. His New Zealand lawyer, Greg King, said Cleghorn's daughter, Heidi Madeley, was shocked to be asked for US$12,000 (NZ$16,530) cash by Cambodian defence counsel Ry Ouk just days before the appeal date.

The request, which came after "informal discussions" with the judge, was ostensibly to cover the cost of a reinvestigation of the case.

"We had no way of knowing whether that was a legitimate request."

Despite being warned to keep the request secret, they contacted New Zealand Embassy staff in Bangkok, who were informed by the Cambodian Court of Appeal that the expense was legitimate.

However, Mr Ouk was furious that "client confidentiality" had been breached and threatened to resign just three days before the hearing.

Cleghorn's supporters managed to raise US$6000 and sent it to him on July 9.

But there was no "reinvestigation" - the next day the conviction was upheld without a single witness being called.

It was possible the other side had come up with a bigger bribe - or that inquiries by New Zealand officials had "stirred things up", Mr King said.

On August 13, Appeals Court president Ly Vuochleng - who was expected to approve the reinvestigation - was arrested over bribery and corruption allegations relating to other cases.

"It's quite possible the appeal failed because the whole corruption thing was exposed after inquiries by New Zealand officials."

Mr King said Cleghorn was adamant he would not buy his way out of prison. "He wants to get out by being proved innocent, not by paying bribes."

The legal team had filed an appeal with the supreme court - but Mr King said they were "fast running out of options".

"You risk throwing good money after bad to get the same result."

Ms Madeley said she was anxious not to say anything that could jeopardise her father's chances.

"It's fantastic that Cambodia is trying to tidy up its judicial system, but where do you start?"

The fight for her father's freedom had so far cost her tens of thousands of dollars in court costs, lawyers' fees, and travel for witnesses and herself. She also paid for her father's daily keep.

"Hope is the only thing he has ... but it's been four years and his witnesses still haven't been heard."

The Foreign Affairs and Trade Ministry said it could not intervene in the judicial processes of another country if it was in accordance with their law.

A spokesman for Foreign Affairs Minister Winston Peters said the minister was aware of the bribery allegations, though had not yet seen details.

"We will be having further discussions with the family about the matter, but it is too early at this point to speculate on what action, if any, might be taken."

Thursday, August 16, 2007

Ly Vuoch Leng to face charges

Thursday, August 16, 2007
Everyday.com.kh
Translated from Khmer by Socheata

Ly Vuoch Leng, president of the Appeals Court who was recently relieved from her position, could face charges for accepting a $30,000 bribe in exchange for the release of the boss of the Chhay Hour II hotel, should the court find him to be at fault as the Ministry of Interior police had considered in his case. The Rasmei Kampuchea newspaper reported that after the bribery case was revealed, numerous sources are following this case very closely because, according to the law, if there is somebody paying the bribe, then there must be someone accepting the bribe also, and if there were to be no bribery, Chhun Poch (father of the Chhay Hour II owner) would not be sent to jail for bribing Ly Vuoch Leng. If Ly Vuoch Leng is indeed charged, she could face 3 to 7 years of jail sentence for accepting briberies, based on Article 38 of the UNTAC-era criminal law.

Tuesday, August 14, 2007

Hun Sen: The Chhay Hour II Affair is not over yet

Tuesday, August 14, 2007
Everyday.com.kh
Translated from Khmer by Socheata

Prime minister Hun Sen declared on Monday morning, during the occasion of the announcement for the new criminal code in Phnom Penh, that the Chhay Hour II case is not over yet following the revelation of bribery in exchange for the release of criminals by the Appeals Court. Hun Sen said that this affair is a very hot issue involving human trafficking therefore it should be considered a criminal case and those who are involved should be sent to jail. Hun Sen also said that the court must not rule like it did in the Chhay Hour II case. Hun Sen added that now some information are known and the Chhay Hour II affair is not over yet, it will move forward because how could the municipal court sentence the accused but the Appeals Court released the accused instead, Hun Sen said that the involvement behind this case is now revealed. According to an investigation on the Appeals Court, it was learnt that the release of Te Pao Ly, the owner of the Chhay Hour II hotel, was done because Chhun Poch, Te Pao Ly’s 63-year-old father, bribed the Appeals Court $30,000. Regarding the Long Chhin Resorts company which filled in the Kob Sorv Lake to build houses, Hun Sen said: “What so important about the Long Chhin case which filled in a huge areas of the lake, I will deal with him with a strong fist, now take the landfill out of the lake.”

Tuesday, July 31, 2007

Cambodia holds ASEAN's worst records on human rights

Tuesday, July 31, 2007
Poor rights record hampers ASEAN effort
"In Cambodia, perceived as having one of the region's worst records on human rights, opposition politicians and international watchdogs say abuses have worsened as Prime Minister Hun Sen has slowly tightened his grip on power."
MANILA (AFP) - Southeast Asian nations have struggled to find common ground on creating a new human rights body, and analysts say one reason is that many have poor rights records themselves.

The Association of Southeast Asian Nations (ASEAN) announced Monday it would form a rights body as part of its landmark charter, but the details were left vague and there was fierce disagreement from Myanmar and other member states.

"ASEAN is under a lot of pressure to improve its human rights record. And it knows that human rights has to be mentioned somewhere in its charter," said Basil Fernando of the Hong Kong-based Asian Human Rights Commission.

"A charter without it will just be another piece of meaningless paper," he told AFP.

Diplomats had hoped to outline a full-fledged rights commission in the draft of the new ASEAN charter which was presented to the bloc's foreign ministers on Monday.

But opposition from Myanmar as well as from Laos and Vietnam resulted in a watering-down of the language, and ensured that the details were left unresolved -- and up for debate at future rounds of negotiations.

The ruling generals of Myanmar, who are most opposed to an ASEAN rights body according to diplomats, have repeatedly embarrassed the bloc and snubbed calls to restore democracy and free Nobel peace laureate Aung San Suu Kyi.

"The prospect for genuine democracy in Burma (Myanmar) remains gloomy," the Free Burma Coalition said in a statement. "The junta simply flushed all these ASEAN efforts down the drain."

Malaysian Foreign Minister Syed Hamid Albar acknowledged the difficulties that lie ahead to create a viable rights commission with real enforcement power to stop abuses across the bloc.

"From the start we thought it was going to be a thorny issue," he told a news conference in Manila on the sidelines of the talks.

"The next difficult step is getting it really formed. Let us cross the bridge when we come to it," he said.

Myanmar is far from the only trouble spot, however, and across ASEAN -- from the democracy of the Philippines to autocratic states such as Vietnam and Laos -- almost all have some black marks in their books.

And while a handful of members can boast of having their own human rights commissions, those bodies tend to be toothless tigers with no real powers to bring rights abusers to justice.

In the Philippines, hundreds of activists, human rights workers, lawyers, trade unionists and journalists have been murdered since President Gloria Arroyo came to power in 2001.

Few prosecutions have taken place, and a UN investigation this year delivered a damning indictment of Arroyo's government and the military over the killings.

In Cambodia, perceived as having one of the region's worst records on human rights, opposition politicians and international watchdogs say abuses have worsened as Prime Minister Hun Sen has slowly tightened his grip on power.

"The problem is getting bigger and bigger but there is no effective solution," said Thun Saray, director of the Cambodian rights group Adhoc. "Also, corruption makes it more difficult for people to find justice."

Human rights groups say that in Thailand, where a military coup last year ousted elected prime minister Thaksin Shinawatra, at least 2,500 people were killed in 2003 and 2004 during Thaksin's get-tough campaign against drugs.

"One of the most prominent human rights abuses in Thailand is the culture of impunity," said Sunai Phasuk, a Thai consultant for Human Rights Watch.

"It's a legacy from the Thaksin government, in which government officials, particularly security forces and police, violated human rights and walked away from legal and criminal accountability," Sunai said.

Rights experts say one bright spot is Indonesia, where they say abuses have greatly decreased since the downfall of strongman president Suharto in 1998.

"The main remaining human rights abuses are those left over from the past," said Asmara Nababan, executive director of the private Institute for Democracy and Human Rights Studies in that country.

"At present, human rights violations continue to occur, but not on the scale and intensity of the past," he said.

Even if fears that the eventual ASEAN rights body will turn out to be less effective than hoped, some analysts say, just the mention of a plan for one is a significant step.

"ASEAN's human rights record is not good but there are signs that countries within the bloc are pushing hard to clean up their image," Timothy Parritt of rights watchdog Amnesty International told AFP.

"It is a small step and an important step for ASEAN," he said.

Tuesday, July 24, 2007

Asian land grabs highlight class friction, bureaucratic failures

Residents of Cambodia's Trapeang Krasaing village, where villagers banished to this shantytown, located 22 kilometres outside the capital, say life is increasingly miserable, as a development boom pushes more poor from their land (Photo: AFP)

24-Jul-2007

TRAPEANG KRASAING, Cambodia (AFP) -- Monsoon rains have brought new misery to the residents of this resettlement site outside the Cambodian capital.

Already uprooted from their homes, the hundreds of families living here now have to contend with near daily downpours that flood their shacks with putrid water.

"Living here is a misery," said Chan Bory, one of the thousands who authorities in Phnom Penh pushed from their homes in a city slum that had been earmarked for multi-million dollar development.

The pre-dawn eviction a year ago to this remote site 22 kilometres (13 miles) away was one of the largest single forced moves from Phnom Penh since the Khmer Rouge evacuated the capital's population to the countryside after seizing power in 1975.

"A lot of children are getting diseases," said Sithan Phann, coordinator with the Housing Rights Taskforce, a coalition of non-governmental organisations.

"There's no place for the water to drain. The people's shelter is not adequate. It's very terrible for the people living there," he said.

Forced evictions are nothing new in Cambodia, where tens of thousands have been displaced in recent years amid a scramble for land to feed the country's booming real estate market.

The facts of the Trapeang Krasaing case have become depressingly familiar, both in Cambodia and throughout Asia: the poor, with little or nothing to prove ownership, lose their land to the rich, either through trickery, shady government investment schemes or outright violence.

"Land-grabbing by the powerful -- the abuse of power to evict people -- follows the same pattern" across Asia, said Lao Mong Hay, an analyst with the Hong Kong-based Asian Human Rights Commission.

In China, the ruling Communist Party has admitted that land rights disputes are one of the biggest drivers of rising social unrest.

Corrupt local government officials working hand-in-hand with property developers and industrialists to kick farmers off their land and evict city residents from their homes have proved to be one of the most bitter features of the nation's economic development.

In communist Vietnam, where street rallies are rare, one form of public protest has become an increasingly familiar sight in recent years: angry farmers camping outside state offices to complain of illegal land grabs.

Almost invariably the villagers say local officials short-changed them in compensation payments when they appropriated their ancestral land and rice fields to build a new road, bridge, office block or industrial park.

As Vietnam launches itself head-first into a new economic era, booking more than eight percent growth a year two decades after it abandoned central planning, the number of land disputes is only set to rise, say experts.

Expanding economies elsewhere have also sparked an explosion in land grabs.

In Cambodia, the government has granted some 59 "economic land concessions" totalling almost one million hectares (2.47 million acres) to private companies, often without fulfilling legal requirements such as impact studies.

These concessions are part of a wider government policy to make fallow land ready for export-quality agricultural goods.

But the result is that huge swathes of land used for decades by subsistence farmers are suddenly taken away, most likely without adequate compensation.

"In a functioning market system, increased demand would mean landowners would reap adequate financial rewards to secure housing," said one land rights advocate.

"In Cambodia, however, the system is so corrupt that the deals are conducted between investor and a politician who takes a personal profit to ensure that the police force rightful residents off of their land."

In India, similar "special economic zones" (SEZ) have seen farmers persuaded to sell their land to projects encouraged by the government to spur industrialisation, infrastructure development and economic growth.

So far, India has approved 303 SEZs and set aside 1,400 square kilometres (540 square miles) of land on which to build them.

While the land owners are paid, the money is never enough to sustain them in a world away from their life of farming, advocates warned, adding that SEZs have also led to violence.

Fourteen farmers were killed in March when police entered their village to evict them from land designated an SEZ area -- causing a furore and polarising public opinion.

"These are enclaves of privilege, insulated from the laws of the land -- whether it is labour laws or environment laws," said social activist Vandana Shiva.

-- Bureaucratic tangle worsens problem --

As with many land disputes in Cambodia, the Trapeang Krasaing case highlights the near total lack of documentation -- common in countries where landownership has largely been historic and traditional -- to determine who owns what property.

Land records in Cambodia were largely destroyed during the 1975-79 rule of the communist Khmer Rouge, which abolished private ownership.

A land titling programme has made little headway in restoring ownership records, which even when they do exist are often simply ignored by those handing out eviction notices.

Tangled bureaucracies elsewhere have also exacerbated the problem, making land grabs easier to pull off and harder to resolve.

In Indonesia, the grabbing of long-neglected plots of land has led to a mushrooming of disputes that are only made worse by rampant corruption and a poor registration system.

One particular type of grabbing on the rise involves the encroachment of agricultural fields and settlements into protected forest areas and parks, a serious cause of environmental degradation.

Chalid Mohammad, executive director of Walhi, the country's leading environmental watchdog, said the grabs have become "a major problem found in almost all forested areas in Indonesia".

In the densely-populated province of Lampung at the south end of Indonesia's Sumatra island, illegal encroachment has reached critical levels, said Sutono, the deputy chief of the Lampung forestry office.

"In Lampung, this encroachment has been going on for a long time, even back 30 to 40 years," he said, adding there were now even registered official villages inside what should have been protected natural forest areas.

He estimates about 65 percent of a million hectares of protected forest area in Lampung has been grabbed and converted to settlements and farmland.

"The root cause of this illegal occupation is the absence of work opportunities, and most of the people involved in this usually are willing to leave the forest if they can get jobs or livelihoods elsewhere," Sutono said.

Ownership disputes have also led to an explosion of court cases in Thailand after the 2004 tsunami displaced thousands of villagers from the Andaman coast.

Many either had no documents to prove they owned the land, or lost their property deeds in the waves.

Some 387 court cases have been filed by companies against villagers since the tsunami, with more than 200 still before the courts.

Another 800 eviction notices are in mediation, according to Suttipong Lyetip of the National Human Rights Commission.

Most of the cases that have been settled were resolved through compromise, often with the companies paying out some compensation.

But that is an unlikely outcome elsewhere.

Worsening violence has come to characterise the growing number of disputes that erupt in China, where at least half of all land deals are thought to be illegal and the victims get nothing from the transaction.

"The crux of the issue is that governments at all levels plunder the land resources, the commoners see little if any of the money," said Hou Guoyan, a retired professor from the China University of Political Science and Law.

"Violators get off scot-free and the (central) government is at a loss to solve the problem."

Beijing has issued a series of regulations aimed at increasing scrutiny over land deals, experts say, but has little power to enforce the law in the provinces.

"The main problem is that standard compensation levels for villagers are too low," said Liu Xiaoying, a rural issues researcher at the China Academy of Social Sciences. "This is very difficult to solve."