Tuesday, September 11, 2012

Biased Courts Creating Ongoing Judicial Woes, Analyst Says

Lao Monghay, a former researcher of the Asian Human Rights Commission and independent analyst.

Cambodia’s court system is only partly functional and has caused 20 years of injustice, a leading analyst says.

08 September 2012
Sok Khemara, VOA Khmer

WASHINGTON DC - Cambodia’s court system is only partly functional and has caused 20 years of injustice, a leading analyst says.
The judiciary is facing more and more pressure, as land disputes and other cases pit impoverished Cambodians against powerful businesses or politicians.
But the court is not viewed as independent, which violates a fundamental right, that of a fair trial, Lao Monghay, an independent analyst, told “Hell VOA” Thursday.
“That is the right to being tried by an independent court and impartial court created by law,” he said. “So Cambodia, since having a new constitution in 1993, has defied this right. To violate this right mean to create injustice for the accused or those who are in a court case.”
The government must improve the judiciary or face the prospect of increased unrest and destabilization, he said. “This Cambodian nation has dissolved often, and in my view the factor of injustice is a factor that help weaken our country, even if it does not dissolve.”
In a family, the parents must be fair to everyone, or there will be fights, he said. It is the same in a society.
With courts under political pressure, they can be used as a political tool to silence government critics, protesters or opponents, he said. Less and less people now trust the courts, he said.
“This is a serious problem for a country and a society, when the top national institutes cannot have support and confidence,” he said. “There must be action to gain confidence. If people cannot find justice, they rely on spirituality and make prayers somewhere, or ask powerful leaders like Prime Minister Hun Sen, instead of the court. This is not a solution, because Samdech Hun Sen alone cannot solve the problems [of everyone]. That’s why we have the division of power.”
Lao Monghay was referring in part to the arrests of housing activists in recent days from the Boeung Kak and Borei Keila neighborhoods of Phnom Penh. On Friday, demonstrators carried pictures of the two activists, Tim Sak Mony and Yorm Bopha, to the office of Cabinet Minister Sok An, where they delivered a plea for his intervention in the cases.
Lao Monghay suggested strengthening the courts with stronger mandates for judges, better budgets for the courts and punishment for those found guilty of corruption. Oversight of the courts is up to the National Assembly, which should pass laws immediately, and the king, who should sign them, he said.
Abuse of the courts by Adolf Hitler, in Germany, and Josef Stalin, in Russia, were signs of despotic regimes that repressed their populations, Lao Monghay said.
Government spokesman Phay Siphan said the government is trying to reform the judicial system, but he discouraged criticism of the system. He denied accusations that the courts work in the interests of the ruling Cambodian People’s Party. “The law is the law,” he said, and those who commit wrongdoings will be punished by law.

5 comments:

Anonymous said...

Freedom of expression here on KI-Media (you, the readers, will be the judge):

Below is one comment on School of Vice's post "Golden memories" that got deleted by School of Vice just as soon as it was posted.


Anonymous said...

What scares me the most is that you romantic Sihanoukist oldies fanatics such as "School of Vice" make your oldies postings stick while the more important ones roll off from the main page to lala land...Do you guys have any sense of priorities at all?

Just in case you expunge my comment again, I hereby take the liberty to copy it after it gets posted with the time stamp and send it to -

Cc: kiletters@gmail.com
heng.soy@gmail.com

My conviction is that KI-Media is more than just a blog to publish the bad news about our homeland - Cambodia.

Respectfully yours,

12:01 AM

Anonymous said...

ប្រមុខដឺកនាំរាជរដ្ឋាភិបាលខ្មែរសព្វមានងារយស
សក្តិ៍តួរយ៉ាងដូចជាហ៊ុន សែន,ជា ស៊ីម,និងហេង
សំរិន គាត់ពុំបានសិក្សាជ្រៅជ្រះទេ.....។​ ដូច្នេះ សកម្មភាពដឹកនាំប្រទេសគឺជាសកម្មភាព
Action without study is fatal.ដូច្នេះ
បានជាសកម្មភាពដឺកនាំនេះបានក្លាយជាមនុស្ស
ពាលទៅហើយ ចំពោះមនុស្សពាលពិបាកប្រដៅ
ណាស់ សមនិងពាក្យសុភាសិតខ្មែរពោលថា៖
ប្រដៅជនពាលឲ្យធ្វើល្អ ពាលមិនត្រេកអរប៉ិនចុង
សក់ ពាលរិនបានចិត្តធ្វើអាក្រក់ ពាលរិតបានចិត្ត
ធ្វើអាក្រក់ ភូយភរកុហកខ្លាំងអស្ចារ្យ។ នរូប្រុសស្រី
ចូរចងចាំ បុរាណបានផ្តាំចងចាំថា ប្រដៅជនពាល
ដោយអាជ្ញា ឃុំគ្រងប្រហារទើបវាខ្លាច៕

Anonymous said...

ត្រឹមត្រូវ ក៏ប៉ុន្ដែ ចៅហ្វាយរបស់អស់លោក ត្រូវ
ការអ្នកបំរើដែលកោងកាចសាហាវដូចពួកបាវបម្រើ
សព្វថ្ងៃ ទើបយកឈ្នះ នឹងឈ្លានពានលេបកម្ពុជា
បានយ៉ាងងាយស្រួល។

Anonymous said...

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Anonymous said...

"Cambodia’s court system is only partly functional and has caused 20 years of injustice,"
NO, Cambodia's court system is not partly functional, it is DYSFUNCTIONAL, period!