International legal experts say a group of laws recently passed in Cambodia to reform the judiciary does little to ensure a balance of powers.
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| Cambodian riot police officers walk in front of Phnom Penh Municipality Court in Phnom Penh, file photo. |
VOA Khmer
17 September 2015
PHNOM PENH—
International
legal experts say a group of laws recently passed in Cambodia to reform
the judiciary does little to ensure a balance of powers.
The
three laws on judicial reform in fact put a lot of power in the hands
of the Ministry of Justice, which falls under Prime Minister Hun Sen’s
executive branch, according to a new analysis from the International Bar
Association’s Human Rights Institute.
“The
Cambodian Minister of Justice has been granted—both in law and in
practice—an excessively powerful role in the judiciary, with the
capacity to exercise discretion and influence over almost every element
of a judge’s career,” the report says. “The scope of
the Minister of Justice’s power over the judiciary—including a vast
amount of official influence over judicial budgets, resources, training,
appointments, promotions, tenure and removal—is now legitimized by the
three new laws and is inconsistent with international standards.”
The
report comes after a fact-finding mission by members of the
association. Brenda Lee Edwards, who helped in the research, told
reporters that corruption and bribery continue in Cambodia’s judiciary.
That’s a concern, because a functional judiciary requires integrity and
propriety, she said.
Judicial
corruption in the country is both political and financial, she said,
“at virtually every stage of judicial activity.” Even judges in training
are required to pay bribes to get the right training, and judges who
are members of the ruling Cambodian People’s Party are “favored for
appointments or promotions.” The courts are also instructed on their
decision-making by the Ministry of Justice and others in the government,
which contradicts the constitution, she said.
The
three laws were passed in May 2014, ostensibly to reform the Supreme
Council of Magistracy; the roles of judges and prosecutors; and the
functioning of the court system. They were passed without the presence
of the opposition Cambodia National Rescue Party, which at the time was
boycotting the government and the legislature, after 2013 elections it
said were marred by fraud.
Chak Sopheap, executive director for the Cambodian Center for Human
Rights, said the International Bar Association’s report was an accurate
account of Cambodia’s judiciary. But she said it makes “constructive
recommendations” for reforming the laws, including that the Ministry of
Justice not undermine the independence of the courts and that court
officials not be members of any political party.
Kem
Santepheap, spokesman for the Ministry of Justice, declined to comment,
referring questions to another ministry spokesman, Chin Malin, who
didn’t pick up his phone. Ang Vong Vathana, the Minister of Justice,
could not be reached for comment.
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