The Municipal Court, Notorious for Corruption, Describes the Shortage of Judges for Hearings – Saturday, 3.1.2009

Posted on 4 January 2009. Filed under: Week 593 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 13, No. 593

“The Phnom Penh Municipal Court, ranking first in committing corruption among the courts countrywide, described on Monday that it lacked judges for hearing 6,500 cases in 2008. Being unable to solve many cases like that, makes that hundreds of accused persons are detained beyond the legal limit, which states that the detention of an accused or of a suspect can be up to a maximum of six months. Then they have to be brought to court for a hearing, and if the court cannot find them to be guilty, they must be released immediately. However, the Phnom Penh Municipal Court and Khmer courts in different provinces do not abide by this legal procedure, and continue to detain thousands of people for many years without conviction, which is against legal procedure and seriously violates the rights of the accused.

“The president of the Phnom Penh Municipal Court, Chiv Keng, notorious for being biased toward the rich and frequently causing poor people to loose their cases, said that in 2008 the Phnom Penh Municipal Court did not solve around 6,500 cases, while by the end of 2007, there had been 9,200 unsolved cases. If one compares the two years, in 2008 there were more of the normal complaints filed at the municipal court solved than in 2007, because in 2008, there were only 6,500 complaints not solved in time, while in 2007, there had been 9,200 left unsolved.

“Chiv Keng said, ‘This does not mean that we received fewer complaints than last year. We received a similar number of complaints like last year, but this year, we worked more effectively, and the number of judges has also increased.’

“Chiv Keng, who was just promoted as an excellency in 2008, added that the Phnom Penh Municipal Court received between 3,000 and 5,000 complaints on average per year. He said that in 2008, also more complaints than in 2007 were addressed.

“Chiv Keng went on to say that at the Phnom Penh Municipal Court, the number of judges was increased in 2008 from 9 to 16, and it is planned to increase the number up to 45 judges in a few more months in 2009; it will also be requested to increase the number of prosecutors to 25, while at present, there are only 8 prosecutors.

“Chiv Keng continued to say that the space available for work is also a problem for the Phnom Penh Municipal Court; therefore the municipal court plans to construct a building with six floors in the compound of the present Phnom Penh Municipal Court.

“According to the last Court Watch Bulletin [Volume 5, #23, October 2008], published by the Center for Social Development, the Phnom Penh Municipal Court had only two hearing rooms in September 2007 in which the municipal court conducted hearings for more than 884 criminal cases between October 2006 and September 2007.

“The same report added that the municipal court conducted hearings for three criminal cases every day, and half of those hearings lasted only not more than 20 minutes. So the period for hearing each case was very short, just enough to read the verdicts by which the court defined punishments, or defined who were the losers and the winners in a conflict. The result is that each case is not clearly analyzed according to the procedures of the law, and according to the facts. Therefore it is seen that frequently the rich and high ranking officials won cases against poor people, and against people who are not powerful in society.

“The executive director of the Cambodian Defenders Project, Mr. Sok Sam Oeun, said that he saw some progress in the Khmer court system, but there is a lot more work that the court has to do.

“He said, ‘Courts should make their judges more independent than they are at present, so that the judges can decide about the various complaints by themselves.’

“Chiv Keng acknowledged that Khmer courts are not yet quite in good order; therefore all Khmer courts need many more years to improve. Chiv King pointed out, ‘Now we are not 100% in good order, but we have made many reforms, and now, we do not hear as much criticism about corrupt courts as three or four years ago.’

“Chiv Keng added that at present, courts have ways by which citizens can report about inactivities of courts, or about different rule violations by courts. Chiv Keng continued to say that Cambodia needs more than 300 judgesT and prosecutors in addition countrywide. At present, Cambodia has only around 200 judges and prosecutors.” Moneaksekar Khmer, Vol.16, #3656, 3.1.2009

Newspapers Appearing on the Newsstand:
Saturday, 3 January 2009

Kampuchea Thmey, Vol.8, #1837, 3.1.2009

  • The Department of Information Denies Radio Free Asia Broadcast that Citizens Are Forced to Set Flags [in front of their houses to welcome the upcoming 7 January [1979] victory festival]
  • Former Thai Prime Minister [Somchai Wongsawat] Joins Samdech Hun Sen’s Daughter’s Wedding [Phnom Penh]
  • There Were More Than 8 Million Voters in the Voter Lists of the National Election Committee in 2008
  • Thieves Entered to Break a Safe in the Ministry of Women’s Affairs, Taking Riel 20 Million [approx. US$5,000]
  • The Number of Beggars at the Beaches in Sihanoukville Increase
  • A Senior Leader of Hamas Killed by an Air Strike Attack by Israel on Gaza
  • Cuba Celebrates the 50th Anniversary of the Revolution

Khmer Sthapana, Vol.2, #174, 3.1.2009

  • A Korean Man Committed Suicide by Hanging without Any Known Reason [Phnom Penh]

Koh Santepheap, Vol.42, #6542, 3-4.1.2009

  • Three Explosive Devices Were Destroyed [by the Cambodian Mine Action Center – CMAC] – Police Conclude as a First Assumption that the Aim Was that the Sound of Explosions Should Trigger Disturbance [one hand made explosive device was set in front of the Ministry of Defense and two others were found west of the TV3 station – Prampi Makara, Phnom Penh]
  • A Girl in a Sugar Cane Plantation Was Raped by Three Wild Workers; One of Them Raped Her and the Ears of the Two Others Were Bitten [all of them were arrested – Koh Kong]

Moneaksekar Khmer, Vol.16, #3656, 3.1.2009

  • The Municipal Court, Notorious for Corruption, Describes the Shortage of Judges for Hearings
  • [The president of the opposition Sam Rainsy Party] Sam Rainsy: Because of the Events of 17 April 1975 [when the Khmer Rouge regime took full control of Cambodia], There Were the Events of 7 January 1979 [which led to the invasion by Vietnam – critical appraisal of the 30th victory anniversary over the Khmer Rouge]
  • [Former Khmer Rouge leader] Ieng Sary Sent to and from the Calmette Hospital More Frequently because of Serious Illness
  • Siamese [Thai] Minister of Foreign Affairs [Kasit Piromya] Is Pressed to Resign after He Phoned to Ask for Negotiations about Border Disputes with [the Cambodian Minister of Foreign Affairs] Hor Namhong [according to the Bangkok Post, he is pressed to resign by officials from the ruling Democratic Party of Prime Minister Abhisit Vejjajiva]

Rasmei Kampuchea, Vol.17, #4785, 3.1.2009

  • The Acid Attack on In Soklida’s Aunt Is Sent to Court to Be Sentenced; this Is ‘Special,’ Compared to the Cases of Tat Marina, Touch Sunich, and Pov Panhapich [who also suffered acid attqcks, because police take quick [[???]] action for what happened on 8 May 2008, while for the three other women, so far no perpetrators have been found and convicted; it is seen that Ms. In Soklida, a film star, is richer, because now, she owns a car taken away from Ms. Chea Ratha by police, and she has her own bodyguards]
  • Defense Lawyers of Victims Warn They Will Resign from Work in the Khmer Rouge Tribunal [if there is no money for them]
  • The Royal Government Creates a Committee for the Management of Concessions and for the Rehabilitation of the Cambodian Railway [financed by the Asian Development Bank]
  • Siamese [Thai] Prime Minister Orders Investigations of Phone Call Threats against Him

Have a look at the last editorial – you can access it directly from the main page of the Mirror.

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Wednesday, 20.8.2008: A British Newspaper Says that If Hun Sen Does Not Change the Way of Ruling, Poor People Will Seek Different Means to Achieve Justice

Posted on 21 August 2008. Filed under: Week 574 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , |

The Mirror, Vol. 12, No. 574

“Regarding endless land disputes almost everywhere in Cambodia under the rule of Prime Minister Hun Sen, The Guardian, a British newspaper, published an article on Sunday about the rule of Prime Minister Hun Sen and the Cambodian People’s Party, which had changed Cambodia from a dictatorship to a free market country, making the economy to develop very quickly, and building pagodas, roads, bridges, schools, and cinemas. However, the newspaper said that this free market system led to speculation in real estate properties such as buildings and land for profit; heritage is for sale, and the US dollar became their king.

“The article in The Guardian, which was quoted by Radio Free Asia for broadcasting yesterday, noted that land, owned by citizens since the 1980ies, can now be lost easily, because of the invasion by some capitalists who are close to Prime Minister Hun Sen. The Prime Minister is generally regarded as part of a ‘nouveau riche’ kleptocracy that siphons off foreign aid and ignores protests about human rights. It is said that Hun Sen used to care about the poor people for a long time, but it is regrettable that Hun Sen now cares only about the rising value of real estate properties and does not care to strengthen the nation, where the society suffers from an imbalance of concerns for justice for the economy.

The Guardian of Britain continued, ‘If Mr. Hun Sen had honorably resigned from his position in 1998 [after the surrender of the Khmer Rouge], he would have receive a good name among world leaders in history.’ This newspaper said that Hun Sen brought peace to Cambodia, but he has sacrificed the poor on the altar of an economic boom. This newspaper compared Hun Sen to some leaders of Brazil and Bolivia in South America who originally came also from the poor sector of society, but he has no plan to protect the poor who suffer under the powerful

[It is interesting that this detailed rendering of the article in The Guardian does not render the reference to the Khmer Rouge who ‘were backed militarily by China and diplomatically by the west’.]

“This well-known British newspaper went on to say that although Hun Sen is smart and intelligent and has political skills, Hun Sen’s success was based on survival, not on a vision for the future. If Hun Sen does not change his way of ruling, poor people will seek different means to achieve justice.

“Political and economic observers in Cambodia agree with the analysis of this article published on Sunday, 17 August 2008, in The Guardian, considering it to be an analysis that is in line with the current situation in Cambodia. Actually, Prime Minister Hun Sen, the vice-president of the Cambodian People’s Party, also comes originally from a peasant class background, but he does not protect the weak farmers at all who are violated by powerful people. Obviously, farmers, who suffer from land grabbing by high-ranking officials, dishonest oknhas, wicked merchants, and military officials, come regularly to protest in front of Prime Minister Hun Sen’s house at the ‘Tiger Cave’ Tuol Krasaing, but there are no effective solutions coming from Hun Sen for the victimized farmers.

“Political and economic observers in Cambodia added that just some days after the fourth term elections on 27 July 2008, suddenly land disputes erupted again brutally, such as in Stung Treng, Ratanakiri, Mondolkiri, Kratie, Kompong Chhnang, Kandal, Svay Rieng, Kampot, and Battambang. These reoccurring problems have not been solved by the National Authority for the Resolution of Land Disputes, administered by Sok An, Deputy Prime Minister and Senior Minister of the Council of Ministers. Therefore, some officials concerned with social affairs assume that there might be more serious land disputes, under the soon to be formed fourth term government, than there were under the third-term government.

“ These officials said that the fourth term government will be again led by Prime Minister Hun Sen, the vice-president of the Cambodian People’s Party, but Hun Sen does not have any clear policies to solve land disputes; therefore, land disputes will really erupt in all provinces countrywide. Another point is that those who use their power and violate citizens by grabbing their land are mostly high-ranking officials, dishonest oknhas, wicked merchants, and military officials, all are from the Cambodian People’s Party, and Hun Sen does not dare to disturb them. At last, a land revolution might break out, as predicted by Hun Sen himself, because the patience of the victimized citizens is limited, if the government does not take any action to solve the problems in time.

“Economic analysts said that the fourth term government, again led by Prime Minister Hun Sen, as vice-president of the Cambodian People’s Party, might not lead to real growth of the national economy, because Hun Sen does not have economic skills and he can only borrow money from foreign countries and ask for funds from the international community, to extend the breath of his government. Moreover, Hun Sen does not have any clear policies to fight corruption; he just says so to make it sounds nice, like the US Ambassador to Cambodia, Mr. Joseph Mussomeli, had clearly criticized. Even inflation and the price of fuel and of goods are skyrocketing, which affects the daily life of citizens – but Hun Sen is incompetent to solve these problems.

“Economic analysts continued to say that economic growth in 2008 will be lower than in 2007, and economic growth in 2009 will decline further compared to 2008, because of corruption and bureaucracy in important state institutions, where such affairs are spreading stronger without any intervention. This means that the government, led by the same incompetent prime minister and state institutions controlled by the same corrupt officials, will not make the economy grow; even foreign loans will be lost because of corruption. This will make poor citizens to suffer more, because the little economic growth is only for the benefit of corrupt officials and for partisans of powerful leaders.” Moneaksekar Khmer, Vol.15, #3543, 20.8.2008

Newspapers Appearing on the Newsstand:
Wednesday, 20 August 2008


Areyathor, Vol.15, #1351, 20-21.8.2008

  • [Bayon Television] Director-General Hun Mana [Prime Minister Hun Sen’s daughter] Accuses Sophon Magazine of Defamation and an Extortion Attempt for US$3,000 [from her staff member – the magazine wrote an article titled, ‘Does Sim Solika have a love triangle relation?’]


Chhanteak Kaun Khmer, Vol.1, #1, 20-27.8.2008

  • Samdech Krom Preah [Norodom Ranariddh] Is Eying the Position of President of the Constitutional Council
  • Many Illegal Sawmills Operate in Prey Nob District [Sihanoukville]


Deum Ampil, Vol.3, #82, 20-26.8.2008

  • [Kompong Cham Governor and Prime Minister Hun Sen’s older brother] Hun Neng Considers Khmer-Siamese [Thai] Border Dispute to Be a Military Exercise between a Battlefield Front and a Rear Battlefield [cooperation between troops and people]


Kampuchea Thmey, Vol.7, #1724, 20.8.2008

  • [US Ambassador Joseph A.] Mussomeli: Historically, Relations between America and Cambodia Have Never Been as Good as They Are These Days


Khmer Sthapana, Vol.1, #77, 20.8.2008

  • No New Agreements at the Meeting [about Preah Vihear between Cambodian and Thai foreign ministers] in Hua Hin [Thailand]
  • 70% of Vegetables at the Phsar Daeum Kor Market Are Imported from a Neighboring Country [that is from Vietnam]


Moneaksekar Khmer, Vol.15, #3543, 20.8.2008

  • A British Newspaper Says that If Hun Sen Does Not Change the Way of Ruling, Poor People Will Seek Different Means to Achieve Justice
  • Sam Rainsy: Sam Rainsy Party Has Appropriate and Strong Evidence to Reject Election Results


Rasmei Kampuchea, Vol.16, #4672, 20.8.2008

  • [Deputy Chief Observer of the European Union’s Election Observation Mission] Graham Elson: [4th Term Parliamentary Election] Was Good but It Did Not Reach International Standards

Click here to have a look at the last editorial – apprehension while waiting for the results of challenging alleged election fraud, the final official election results, and the forming of a new government

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