via Khmer NZ News Media
Professor Surya Subedi's Evaluation on Cambodia's Justice and Court System
Thursday, 17 June 2010 13:47 DAP-NEWS
CAMBODIA,PHNOM PENH June 17, 2010- "The judiciary in Cambodia is facing tremendous challenges in delivering justice for the people of the country, especially the poor and marginalized," said Professor Surya Subedi, the UN Special Rapporteur on the Human Right Situation in Cambodia, speaking in Phnom Penh on Thursday. He welcomed the adoption of a series of new laws in recent years, including a new penal code, an anti-corruption law, and a criminal procedure code, which are designed to strengthen the system of justice. " However, a combination of a lack of adequate resources, organizational and institutional shortcomings, a lack of full awareness of the relevant human rights standards, and external interference, financial or otherwise, in the work of the judiciary, has resulted in an institution that does not command the confidence of people form many walks of life, " The Special Rapporteur added.
Wrapping up his ten-day fact-finding mission on the functioning of the judiciary in Cambodia, Professor Subedi on Thursday concluded that" there are an alarmingly high number of people in detention due to various shortcomings in the criminal justice system, and the instances of miscarriage of justice are far too numerous. The constraints on the judiciary's ability to act according to its mandated role in the constitutional order of Cambodia are manifold while some are related to gaps in their capacity to deliver justice (including funding, infrastructure and training), other constraints are linked to gape in their knowledge of human rights standards. Many judges may have the necessary commitment to deliver justice according to the law, but for many this commitment is compromised by external interference, and for other commitment is just not there."
While considering the overall state of the judicial system in Cambodia, Professor Subedi also looked at the performance of the judiciary in particular areas of law. He raised specific concerns relating to the judiciary's role in protecting freedom of expression, and in cases involving land-related rights.
"I am troubled by the impact of land disputes, land concessions and resettlements on the lives of ordinary people, both in rural and urban areas, miscarriages of justice, and the narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activities and political opponents," he observed. "I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all in Cambodia. If you are poor, weak and dispossessed of your land, you seem to have limited chance to obtain redress either through existing administrative land management systems, or through the courts."
He encouraged the government to push ahead with its programs of action to enhance and strengthen the judiciary and to improve the situation of human rights. He further commented Cambodia for being one of very few countries which have accepted all 91 recommendations of the United Nations Human Rights Council earlier this year, as part of the four-yearly Universal Periodic Review. He added that now the time had come for the Government to come up with a strict time-table to implement these recommendations in a meaningful manner, and offered his assistance to the Government in his regard. He encouraged the Government to work with other major stakeholders, including civil society organizations, in following up these recommendations.
During his mission Professor Subedi had an audience with His Majesty King Sihamoni, who chairs the Supreme Council of Magistracy, a body entrusted, among other things, with the task of recommending the appointment of judges and taking disciplinary action against incompetent and corrupt judges. He also met with Deputy Prime Minister and Foreign Minster Mr. Hor Namhong, the President of the Cambodian Human Rights Committee Mr. Om Yentieng, the President of the Supreme Court Mr. Dith Munthy and other judges, prosecutors and government officials as well as Civil Society representatives and victims of human rights violations. He highly appreciated the willingness on the part of his interlocutors, both in the government and the judiciary, to acknowledge shortcoming and engage in a meaningful and constructive dialogue with him about change and reform.
Professor Subedi will be submitting a report containing his detailed recommendations on judicial reform and other measures to be taken in Cambodia to the United Nations Human Right Council, at its session in Geneva in September this year.
Cambodia faces big challenges in providing justice for the people- UN
Thursday, 17 June 2010 13:22 DAP-NEWS
PHNOM PENH, June 17, 2010 (DAP) – The United Nations Special Rapporteur on the situation of Human Rights in Cambodia, Professor Surya P. Subedi said on Thursday that “the judiciary in Cambodia is facing tremendous challenges in delivering justice for the people of the country, especially the poor and marginalized”.
Professor Subedi, who wrapped up his ten-day fact finding in Cambodia, told reporters that “there is serious short in Cambodian judiciary.”
Subedi said “a combination of a lack—of adequate resources, organizational and institutional shortcomings... external interference, financial or otherwise, in the work of the judiciary—has resulted in an institution that does not command the confidence of people from many walks of life.”
Although he welcomed the adoption of a series of new laws in recent years, including a new penal code, an anti-corruption law, and a criminal procedure code, which are designed to strengthen the system of justice.
But he concluded that “there are an alarmingly high number of people in detention due to various shortcomings in the criminal justice system, and the instances of miscarriage of justice are far too numerous”.
He said that he is “troubled” by the impact of land disputes, land concessions and resettlements on the lives of ordinary people, both in rural and urban areas; miscarriages of justice; and the narrowing of political space for critical debate in society, due to the disproportionate use of defamation, disinformation and incitement lawsuits against journalists, human rights activists and political opponents.
“I call on the Royal Government of Cambodia to introduce appropriate measures to enhance the independence and capacity of the judiciary to enable it to function as an institution capable of providing justice to all in Cambodia,” he said.
New Land Regulation to Deal Resettlement on State Land
Thursday, 17 June 2010 10:28 dap-news
CAMBODIA,PHNOM PENH,June,17,2010-The land issues is a hot issue that occurred in Cambodia after the land price is higher,” Im Chhun Lim, Minister of urbanization, land management said on Thursday.
“Now we have new regulation of resolution of temporary settlement of state land which illegally lived, “he said.
He added that the new circular on the resolution on the temporary settlements on land which has been illegally occupied in the capital, municipal and urban areas officially is effective from now on.
It focused on data collection on actual numbers of temporary settlements, identification and mapping classification of the sites of temporary settlements, households and population census in temporary settlements, solution finding, and coordinated discussion in order to identify solution policies, basic public infrastructure and services to support livelihood, and participation of stakeholder in development.
At the same time, Kep Chutema, Phnom Penh governor said that sometimes we are difficult to deal relocation of poor people in city because it intervened from many people.”Our officials sometimes committed badly through increasing the data of poor families and impacts are huge,” he said. We have to cut their intervention, he added. The meeting this morning took part from the all stakeholders related to seek land resolution and relocation of poor. Phnom Penh is core place of poor and relocation.
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