Press Release: Asian Human Rights Commission
Cambodia: Functioning Judiciary Required For Rights To Become A Reality
Thank you Mr. President,
The Asian Legal Resource Centre (ALRC) welcomes the initial report of the Special Rapporteur on Cambodia, in particular the highlighted areas of priority for future work, namely: the freedom of expression, the independence of the judiciary, land and housing rights, impunity and prison reform.
The ALRC wishes to take this opportunity to underline the need for an end to long-standing delays by the government in implementing provisions of the 1993 Constitution of Cambodia, in particular concerning the functioning and independence of the judiciary.
The Constitution specifically stipulates that a number of laws need to be enacted, including a law on the statute of judges and prosecutors and a law on the organization of the judiciary. However, after 16 years, these laws are still missing. As a result, Cambodians are not entitled to be tried by an independent, competent and impartial tribunal, in practice. They are being tried by judges whose status has not been defined by law and by courts whose establishment has no legal basis under the Constitution.
The government has preferred to continue to apply an outdated law on the nomination of judges and the activities of courts, enacted during the country’s communist past, which is unconstitutional, does not live up to international standards and does not ensure the independence of the judiciary. This leads to corruption, favouritism for certain judges and infringements by the Ministry of Justice and the Executive on the workings of the judiciary.
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