The Asian Human Rights Commission (AHRC) has learned that recently a judge at the provincial court of Rattanakiri in northeast Cambodia took a bribe of over USD 13,000 in exchange for the release on bail of seven out of nine men arrested for murder, and a promise to drop the charges against them. The defendants told a radio journalist that Judge Nong Sok reached a deal with the court prosecutor after being offered the money. Fantastically, in an interview with the same journalist Judge Nong Sok admitted that he had taken the money but claimed that this offer had come out of a wish of the accused to express their gratitude to him. “This can’t be corruption”, he said, “Because we didn’t exert any pressure on them. They wished to get bail, and then together with the prosecutor we agreed.”
Under Cambodian law, murder is a non-bailable offence. Under article 38 of the criminal law of 1992, known as UNTAC Law, Judge Nong Sok has committed extortion, which is punishable from three to seven years in prison and a fine double the sum of money extorted. The prosecutor has acted as an accomplice and must receive the same punishment.
In March 2004 Prime Minister Hun Sen introduced an “iron fist” policy aimed at ridding the judiciary of corruption. This policy led to jail terms for three judges, two deputy prosecutors, and two court clerks for taking bribes from suspected armed robbers. It also resulted in disciplinary action against a number of other magistrates. Many have welcomed this policy, particularly when they saw judges being tried and jailed for corruption.
In fact, the “iron fist policy” was an initiative designed to please international donors, which has done nothing to alleviate the structural problems facing governance and justice in Cambodia: in fact, it has worsened them. It has not strengthened the independence of the judiciary. On the contrary, it has consolidated government control over the courts. It has frightened judges and prosecutors, and further eroded their abilities to do their jobs impartially. Trials in Cambodia are becoming more mechanical. Judges are paying less attention to mitigating circumstances before imposing sentences, fearing that they might be reported for being too lenient and be accused of having taken bribes.
This is not how it should be. According the Cambodian constitution, the justice system is an independent branch of government. It has its own supervisory body, the Supreme Council of the Magistracy, which is chaired by the king. The council assists him in ensuring the independence of the judiciary. It is responsible for the nomination of judges and public prosecutors, and their discipline.
Accordingly, the Asian Human Rights Commission urges the Supreme Council of the Magistracy–not the government, through its “iron fist” policy–to take action against Judge Nong Sok and his accomplice. They must be dismissed and brought to justice. It also urges the Cambodian government to refrain from interfering in this case and other judicial matters, and instead lend full material support and cooperation to the work of the Supreme Council of the Magistracy, so that it can fully discharge its constitutional responsibility and weed out all corrupt judges and prosecutors. This would be a change from current practices, and one which could put Cambodia back on the path towards separation of powers and the independence of the judiciary, good administration of justice, and governance under the rule of law. This much is needed to win the trust of the public in the country’s justice system.
