Selected Comments Samdech Techo Hun Sen, inauguration ceremony of the Royal Academy of Justice of Cambodia and the graduation ceremony for graduates of judicial degrees [Unofficial Translation]

CNV:

(1) Training of human resources in the field of justice – judges, clerks, bailiffs, public notaries

(The Royal Academy of Justice of Cambodia – RAJC) has to move from the Royal School of Administration and relocate to this place. If we leave RAJC with the Royal School of Administration (RSA), it is clear that efforts to train human resources for justice and the judiciary will not be possible. Therefore, we have started to lay the groundwork for human resource training. We are now inaugurating two buildings that can address (the current needs), although it is not enough at the moment, but at least it can provide training of human resources in the field of justice for judges, clerks, bailiffs, public notaries as we are going along with the reforms […]

(2) After the overthrow of the genocidal regime of Pol Pot, the justice sector was reorganized in stages

At the moment, the Minister of Justice, HE Keut Rith, has made a report to the ceremony. You can understand what has been happening in our country within the framework of justice. I should remind you a little bit because some students, when the justice reform started, were not yet born. That is why the elders need to tell some stories. How is Cambodia’s justice sector (organized from the beginning)? Not to mention the justice sector in Cambodia, everything was dead – religions, traditions […] to be revived only after we overthrew the genocidal regime of Pol Pot. The judiciary was then reorganized in stages. I recall two important things related to the beginnings in judicial reform efforts […]

(3) The President of the Court appointed by the Council of Ministers and a member of the inspection team

What are those two things? Firstly, at that time, the presidents of the Phnom Penh and provincial courts, as well as the prosecutors of the courts, were appointed by the Prime Minister or the President of the Council of Ministers. Secondly, when inspecting cases, there was always including the President of the Court as a member (of the case inspection team) […] after becoming the Prime Minister, I started to rearrange for the President of the Court (capital and provincial) and the Prosecutor General of the Court to be appointed by the State Council through the requests of the Minister of Justice […] in those days we did not call the them the royal prosecutors as we do now. We called them state court prosecutors because the country was not a monarchy yet […]

(4) As the third person holding position of the President of the Council of Ministers, deprived power to appoint the President of the Court and the Prosecutor seconded to the Court of First Instance

I vividly remember the necessity of that time. Appointed the President of the Council of Ministers, I immediately relinquished the rights (to appoint the President of the court and state prosecutors), that two (people) held the post before me. To me, as the third person in the position of the President of the Council of Ministers, I revoked the authority to sign the appointment of the President of the Court and the Prosecutor of the Court of First Instance. Having done that, we have opened a procedure for the Minister of Justice to propose the candidates and the President of the State Council to approve. As the executive power, the Council of Ministers was actually the government. The president of the Council of State then was Samdech Heng Samrin […]

(5) As the third person in the position of President of the Council of Ministers, removed the composition of the President of the Court from the inspection team

Also, when there was a need for an inspection somewhere, there was always a court president (in the composition of the inspection team) that they brought to me for signature. I begged (the preparing group) to remove the president of the court from the list. The reason I gave them was if you included the President of the Court in the inspecting team, s/he was already inspecting it, and if the case was brought to court, how could he make decision? […] therefore, the President of the court must be removed (from inspection team) […]

(6) Establishment of the Court of Appeal during the UNTAC transition period

Initially, our court has only two levels – the court of first instance and the Supreme Court. We have adjusted and coordinated with UNTAC. We established the Court of Appeal in the UNTAC era. This is also part of the international involvement in the establishment of the Court of Appeal. We then set up an appeals court during the UNTAC transition phase. If I remember it correctly […] we have been building the judicial system gradually. Sometimes there were stacks and stacks of cases waiting to hear because we have no courtroom. At one time, I was calling for consideration of hiring hotels as courtrooms […]

(7) Judicial reform commencing in the third legislative term

Even there is a courtroom, but if there are no judges, not enough human resources, what could we do? It is necessary that in the third (legislative) term, we put in place the judicial reform. At that time, we introduced public administration reform, in general, judicial and legal reforms, public administration reform, armed force reform, and public financial reform. I have said in a way from the beginning that if we carry out reforms, it is 99% we will survive. If we do not reform, it is 99% we will die. Let us not stand still. Keep up with the situation. Our judiciary still need to be further reformed […]

(8) There is a need to provide more frameworks for the judiciary

We have jointly initiated the establishment of regional appeal courts. If no regional appeals court is established, there will be more cases congested at the Phnom Penh Court of Appeal. Therefore, we established regional appeal courts to facilitate the provision of justice services to the people […] the increase of regional appeal courts (also called) for more legal and judicial human resources […] it is in this development that I understand that there is a need to provide an additional framework to the judiciary regarding the conduct of tribunals, both regional and appellate courts, and including the Supreme Court. Our judges are now in their old ages too […]

(9) Ministries have their own training schools … friends contribute to the judicial reform

[…] I am glad to see that each ministry strives to train human resources to serve its sector – they are the Ministry of Public Works […] Post and Telecommunication […] Foreign Affairs and Diplomacy […] Agriculture […] Finance and now Justice – all have training schools. Without training human resources, we can do nothing. I thank our foreign friends, especially Japan, for contributing to the judicial reform in Cambodia […] I am thankful that Japan helped build a civil code for Cambodia. Now Japan proceeds to help train judicial students in the civil procedural codes. All of this assistance has contributed to strengthening the rule of law and law enforcement in Cambodia […]

(10) Majority of Cambodians will grow older and the number of young people will be small

Usually there is a forum between the Prime Minister and the Royal Government with partnering organizations – the United Nations Agencies in Cambodia, facilitated by UNDP. The forum was interrupted by the Covid-19. When Covid-19 is under control, we have been able to call for it. The partner organizations raised their concerns for the future that – “more in the Cambodian population will grow older, and the number of young people will be small” […] I replied – “if this is the case, Cambodia should strengthen its traditional culture.” What are the Cambodian traditional customs and culture? Older parents and grandparents are not sent to retirement homes […] we need to strengthen our customs and traditions of giving respect for elders. In Buddhist teaching, as the Buddhist monks always shared, including the teaching of Kram Ngoy and Bundit Ou Chong – the Cambodians are taught to never forget about their Gods in the house […]

(11) Trial by virtue, rich or poor receive the same justice

Encourage mediation outside the judiciary, with the participation of the judiciary, non-profit lawyers, and local authorities at all levels and relevant institutions … that is the way to solve problems in society. And avoid the challenges that will arise in the event that any grievances occur, what is important is virtue. How to make an impartial trial and research thoroughly. Of course, do not let people say that only the rich win all cases. Don’t have that language. Whoever is rich or poor must receive the same justice. Some people just see that the rich know, but the rich are wrong. Some people think that only the poor think all right…

(12) Trial by virtue, rich or poor receive the same justice

I encourage mediation outside the judiciary system, though with the participation of the judiciary, non-profit lawyers, and local authorities at all levels and relevant institutions […] that is the way to solve problems in society and avoid the controversial challenges […] in the event of a legal case, what matters is virtue. Efforts must be made to ensure an impartial trial. There must be a thorough research. It is true that we must not let people say that only the rich win all cases. Don’t let that language come out. Whoever it is – poor or rich – must receive the same justice. Some people just see that the rich are always wrong. Some people think that only the poor have good thinking […]

(13) Rich or poor – stop deforestation immediately

[…] I sent a voicemail message to the provinces already […] as long as the election season arrives, there will always be encroachment on state land and seizure of land […] there has been logging activities in Pursat province […] the governor told me about it […] some provinces provided information that […] there has been deforestation and logging groups […] when are take action, they make footages to destroy us during the election campaign […] whoever, no matter poor or rich, (I demand them to) stop immediately. This is the land of the state, the forest of the nation. In the past, in one night, they mobilized to build 500 houses. If we dismantle them, they will record and propagandize that the CPP violates the law to demolish the houses of the poor […]

(14) Sending deforesters/land encroachers to jail – no need for their votes officials, if involved in this matter, cannot be left within the state framework or the military framework or the police framework, or generally speaking, the framework that receives state salaries, even the court officials […] as soon as the election is near, (those crooked always think that) the Royal government will not do anything […] because they needed their votes. This time, that will not be the case. Send them to jail before the election. No need for their votes. Let us do it this way. What has been the issue here is that some authorities have seen but refused take actions. That is the reason why I sent out the message […] we are working for democracy and the rule of law. Democracy without the rule of law is anarchy. Just thinking about enforcing the law without opening up freedom is dictatorial. democracy and the rule of law must go hand in hand […]./.

ពត៌មានផ្សេងៗ

Press Release on Cambodia’s VERIFY.GOV.KH Document Verification Platform Wins Go...

The Ministry of Post and Telecommunications (MPTC) is honored to inform members of the public that on 1 February 2024,