People in glass houses should not be throwing stones

16/11/2009
Veera Prateepchaikul
Bangkok Post

So the next time Hun Sen or any of his men want to badmouth the Thai justice system, they should better clean house first. Otherwise they will be seen as just a clown.

When Cambodian Prime Minister Hun Sen said he had no respect for the Thai justice system during his lengthy interview with local and foreign media at Phnom Penh's Pochentong airport on Nov 9, I was not surprised and thought he had said so because he might have felt very strongly for his "eternal friend", ousted former prime minister Thaksin Shinawatra, whom he believed was a victim of political persecution in Thailand.

But Hun Sen should have been fully aware, as the Abhisit government had already clarified, that the charges against Thaksin, which eventually resulted in his conviction and sentencing of two years' imprisonment, are not politically related, but concern corruption in connection with his wife, Khunying Potjaman's, acquisition of a huge land plot in Bangkok.

Yet the Cambodian government leader chose to ignore the government's explanation and used his emotions rather than conscience to judge the Thai justice system.

Like other bureaucratic organisations, the Thai judiciary is not perfect. Every year, a handful of judges are penalised or dismissed after being found guilty of wrongdoing.

Yet the system as a whole is widely respected and perceived as the people's "last resort" compared to the executive branch and the legislature which are often held in low esteem.

Obviously Hun Sen might be biased against the Thai justice system just as he has held in contempt the system in his home country.

The system is a sham and can hardly be trusted, and the blame is largely attributable to the Cambodian leader who sees the system as a tool to serve his political ends rather than as an arbiter for justice.

The testimony of Dr Chhiv Kek Pung, president and founder of the Cambodian League for the Promotion and Defence of Human Rights, to the Tom Lantos Human Rights Commission in September will provide those who are not familiar with Cambodian affairs an insight into the justice system in Cambodia. Aside from this testimony, Human Rights Watch has also recorded human rights abuses in Cambodia.

Here are some excerpts from the testimony:

- Cambodia's justice system fails to uphold the rule of law and on a daily basis it deprives justice to countless victims of crimes and rights abuses. Corruption is endemic in the police and judiciary, as well as political interference. Impunity is rampant, and the gravest of crimes, including murder, torture, rape and trafficking of women and children frequently go unpunished if the perpetrators have money or influential connections.

- The government uses the courts to attack its critics and political opponents. Rather than honour its repeated promises to strenghen the independence of the judiciary, the government continues its long history of interference in the courts for political purpose.

How the justice system can be twisted or distorted in cases involving influential people is clearly evident in the case between Hun Sen and Mu Sochua, an opposition MP, which was described as "a mockery of justice" by the Sam Rainsy Party.

In April Mu Sochua sued Hun Sen for defamation claiming that the premier had uttered a derogatory statement against her during a press conference. A few days later, Hun Sen filed a counter-suit against her and her lawyer, Kong Sam Onn. Her parliamentary immunity was eventually suspended by the parliament.

Threatened with the defamation suit and disbarment, the lawyer withdrew from defending the opposition MP, forcing her to go on trial without legal counsel.

In August the municipal court found Mu Sochua guilty of defamation and fined her 6.5 million riels, or about 140,000 baht. The verdict was upheld by the Appeals Court on Oct 28. She filed an appeal to the Supreme Court on Nov 10.

Meanwhile, her lawsuit against Hun Sen was dismissed.

So the next time Hun Sen or any of his men want to badmouth the Thai justice system, they should better clean house first. Otherwise they will be seen as just a clown.

Veera Prateepchaikul is a former editor, Post Publishing Co Ltd.