FOR IMMEDIATE RELEASE
AHRC-STM-165-2009 August 7, 2009
A Statement by the Asian Human Rights Commission
CAMBODIA: Law on the statute of judges, not their retirement, is the right end from which to tackle judicial reform
Last June the Cambodian government ignored the jurisdiction of the nomination and discipline of judges and prosecutors of the Supreme Council of the Magistracy (SCM) when it bypassed this SCM and got the King, who is chairman of this supreme judicial council, to retire and replace half of the eight SCM members. The retired members were Ouk Vithun, Prosecutor General of the Supreme Court, 62, an ex-officio member; Henrot Raken, 68, Prosecutor General of the Appeal Court, another ex-officio member; Khieu Sameth, 62, President of Kandal Provincial Court, an appointed member; and Sin Dim, 66, President of Preah Sihanouk Provincial Court, another appointed member.
The government’s infringement upon the SMC’s jurisdiction is unconstitutional as it violated the independence of the judiciary of which the SCM is an integral part. Apparently the government was not happy with the lack of the SMC’s swift disciplinary action against a provincial prosecutor whose alleged faults had been widely reported in the press.
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