Cambodian Journalists Alliance Association

Adhoc Urges Justice Ministry to Resolve Misconduct and Court Irregularities

Police truck transports prisoners to Phnom Penh Municipal Court for hearing on November 27, 2024. (CamboJA/Pring Samrang)
Police truck transports prisoners to Phnom Penh Municipal Court for hearing on November 27, 2024. (CamboJA/Pring Samrang)

While the Ministry of Justice has shown progress in expediting cases in courts, the Cambodian Human Rights and Development Association (Adhoc), in its report, stated that misconduct and irregularities continue to occur in the judicial system.

According to the 2024 report titled Trial Observation, Adhoc monitored 77 trials in person in Phnom Penh and 21 targeted provinces, where 40 were criminal cases and 37 were misdemeanors. A majority of the cases involved intimidation of political activists, land grab by “powerful individuals”, and unconstitutional arrests. Forty two of the cases related to pre-trial detention lasting six to 18 months.

The report found 16 points of irregularities such as being barred from entering the courtroom or being evicted from it (involving the public and journalists), court‘s failure to explain in detail the right to legal representation, accused person being handcuffed during the trial, and prosecutors intimidating the accused when they are silent, and judges and prosecutors acting in an intimidating manner towards the accused.

Adhoc Deputy Head of Land Rights and Community Yin Mengly said their report aims to promote justice and rights for relevant parties and improve the judicial system.

“[The report] demonstrates that our justice system has a gap and is weak,” he said.

“When judges and prosecutors violate the procedure [including] a delay [in hearing], it affects the right of defendants to a fair trial,” Mengly said.

In a press briefing last week, the Ministry of Justice revealed its results from a one-year campaign where 188,942 cases out of 229,272 criminal and civil cases were heard.

The Ministry’s Secretary of State Chin Malin said the ministry will review its report to check if it was accurate with regards to the methodology used, noting that they rolled out the campaign to resolve any irregularities in the judicial system in order to achieve positive results.

“After one year of the ministry’s campaign, there are a lot of positives. There is a change in the work attitude of the officials, and a rise in the quality of decision-making and provision of services,” Malin said.

“[But] it seems different from what they [Adhoc] have claimed, so we will check [the report]. Secondly, if they [Adhoc] found irregularities in the misconduct of procedures or professional behavior, please cooperate with the ministry,” he added.

Cambodia Institute for Democracy Executive Director Pa Chanroeun said Adhoc’s report was a “mirror” reflection of the Justice Ministry, indicating that the ministry has paid attention to challenging issues to reform Cambodia’s judicial system.

“Taking recommendations, reforming the judiciary and eradicating irregularities are necessary to promote the rule of law in Cambodia which is core to both development and political stability,” he said.

Both Phnom Penh Municipal Court spokesperson Y Rin and Deputy Prosecutor Plang Sophal could not be reached for comment.

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