UN human rights envoy urges judicial reform in Cambodia

Facing an acute need for a properly functioning court system, Cambodia must take steps to ensure the independence of its judiciary, a United Nations human rights expert argues in a new report.

“Implementation of existing laws is poor, the judiciary is weak and prone to corruption, and crimes committed by members of the security forces are often unaddressed,” writes the Secretary-General’s Special Representative for human rights in Cambodia, Peter Leuprecht.

Asserting that Cambodia’s courts are failing in their role as an effective balance against executive power, the Special Representative argues that “there is little respect for standards of fair trial, presumption of innocence is ignored, legal assistance is frequently not provided, judges often make arbitrary decisions without taking evidence into account, poor people are not treated equally before the law, and there is open interference from people in positions of power.”

The report also raises concerns over the high incidence of police and military involvement in election-related crime. Investigation by human rights groups of intimidation and violence during polling found that local officials, police and members of the armed forces were often involved, reflecting the wider problem of an absence of separation between the ruling party and State institutions.

Concerning efforts to put Khmer Rouge leaders on trial, the report notes that a UN-supported tribunal would be optimal, but since this has not proved possible, other possibilities for promoting reconciliation should be considered.

“Cambodians of all backgrounds and generations wish to know the truth about what happened and want justice,” Mr. Leuprecht writes, pointing out the difficulty of fighting impunity as long as the crimes of the Khmer Rouge go unpunished.

“This is not only a legal matter, but also a fundamentally ethical one,” he says. “Cambodia’s wounded and traumatized society needs healing and justice.”