UN envoy to look at Cambodia justice system By Guy Delauney BBC News, Phnom Penh

Hun Sen's government has been criticised for prosecuting critics

The UN Human Rights Special Envoy for Cambodia is making his third visit to the country.

Surya Subedi plans to look at the country's judicial system, which has long faced allegations of corruption and political interference.

A pressure group says that defendants are often denied their basic rights.

Last year, Professor Subedi said that bringing criminal charges against critics of the government was "disproportionate and unjustifiable".

The visit comes a week after the Supreme Court found a prominent opposition figure guilty of defaming Prime Minister Hun Sen.

A succession of land disputes have meanwhile sparked protests by poor villagers, who argue that judges tend to favour well-connected individuals.

'Basic rights'

The Centre for Justice and Reconciliation, a local organisation funded by the UN, has also sought to drawn attention to the plight of defendants.

It says that basic judicial rights, including the right to be tried in person, are frequently not met.

Of trials held in absentia, it says, nine out of ten trials in absentia last for less than 30 minutes, and many call no witnesses.

It is potentially tricky territory for Professor Subedi, who - unlike his predecessors - has maintained a good relationship with government officials.

But he seems to be able to deliver criticism in a way that does not put noses out of joint.

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Cambodian People Deserve an Independent Judiciary

On Friday, I received notice that the Phnom Penh Municipal Court has issued a final order for the National Assembly to deduct the 16.5 million riels fine and compensation from my salary as a Member of Parliament in lieu of detention. I wish to make it clear that the decision of the Courts if, carried out will be against my will.

But the struggle for an independent judiciary begins now.

There are three key principles for such a justice system that the people must continue to demand: independence; accountability; access.

Achieving independence will mean that courts decide cases on the facts, and this is only possible when judges are competent and are free to use their conscience and are not members of any political party. This also means that critics of the government can exercise their freedom of expression without fear of political persecution. In a rights-based government, no matter a person’s position in the hierarchy of society, we are all equal once we step into a courtroom. This principle is stipulated in Article 128 of the Cambodian Constitution.

Achieving accountability means that appointments of judges and their performance is scrutinized by an independent body and by law.

Victims of rape and other violence can be confident that police will investigate cases in good faith, and report them to the competent courts for a resolution that makes victims whole and protects the rest of the community from future crimes by the same aggressors.

Achieving access to justice will mean that citizens accused of a crime can have a lawyer of their own choosing,and for those who can not afford legal protection, the state shall bear the cost.

It brings me great hope to know that a movement of garment workers, sex workers, beer-promotion women, university students, individual advocates, community members, moto-taxi drivers, vendors, farmers, union members, teachers, government officials, NGO staff, and global citizens, has been formed in the past few weeks to end the silence and speak out to protect freedom of speech and other fundamental rights.

I am deeply touched by their support, and encouraged by their commitment to seeking justice for the thousands of Cambodian citizens who face daily injustices.

I am also deeply touched by their gesture of solidarity and humbled by their request that I join their movement.

Photo: Philip Skoczkowski

For too long, voices of women and the powerless have been silenced by fear. I have listened to hundreds, perhaps thousands of women and children speak of the shame and violation they have suffered when violence is inflicted on their bodies and on their minds as Khmer women deprived of equal rights under Cambodia law. Yet they dare not complain to those in power, for fear of retaliation, ridicule, or inaction and impunity. Thousands of our people have been forced out of their land and even entire communities have been uprooted by the state or powerful tycoons with backing of the State and in many instances , these forced evictions and land grabs are executed by the armed forces.

It is time to stop living in fear.

As the brave women who spoke at the first conference held by the movement showed, they – as Khmer people from all walks of life – are ready to break the silence and speak out against injustice, standing up for themselves and for victims everywhere.

I am honored to be able to serve the Cambodian people on our path to true democratic participation and equity. The momentum of this movement gives me strength to walk forward, and I hope to see more of our sisters and brothers join together to work towards true reforms for an independent judiciary.

I extend my deep thanks to everyone who has given me their support and given me the strength to fight my case in a judiciary that has been used as a political tool.

As an elected representative of the people I serve all Cambodians, not just those who give me their support.

I call on each and every one of us, to fulfill our responsibilities and commitment to build an independent, accountable and accessible system of justice.

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Assembly to cut Mu Sochua’s salary

Photo by: Heng Chivoan

Sam Rainsy Party lawmaker Mu Sochua speaks during a press conference at a restaurant in Phnom Penh.

THE National Assembly would deduct a portion of opposition lawmaker Mu Sochua’s salary by the end of the month and use it to pay court-ordered compensation to Prime Minister Hun Sen, officials said yesterday.

Sman Teath, a Cambodian People’s Party lawmaker and deputy president of the National Assembly’s Finance and Banking Commission, said the assembly’s Permanent Committee made the decision to dock Mu Sochua’s salary at a meeting yesterday.

“The committee has made the decision ... because the court has ordered the financial department of the assembly to dock Mu Sochua’s salary,” and the measure would start at the end of the month, Sman Teath said.

The move would mark a step forward in the court’s attempt to collect fines levied against Mu Sochua in connection with her legal dispute with the prime minister.

Last August, Phnom Penh Municipal Court convicted Mu Sochua of defaming Hun Sen and ordered her to pay him 8 million riels (US$1,886) in compensation, in addition to a fine of 8.5 million riels.

She has refused to hand over the sums, arguing that the case is both an attempt to intimidate the opposition and evidence that the judiciary lacks independence.

On Thursday, Mu Sochua called the decision to dock her salary unjust.

“Being docked by force, it is contrary to internal regulations,” she said.

“I would like to have a proper justice system for the people. I am one victim among thousands of people.”

The court has ordered the National Assembly to dock 4.2 million riels per month ($990) until the compensation is paid in full.

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