[legal-professionals] UN HUMAN RIGHTS ENVOY URGES JUDICIAL REFORM IN CAMBODIA

UN HUMAN RIGHTS ENVOY URGES JUDICIAL REFORM IN CAMBODIA
New York, Nov  1 2002  5:00PM

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. 
(http://daccess-ods.un.org/doc/UNDOC/GEN/N02/495/81/pdf/N0249581.pdf?OpenEle 
ment)

"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."