Justice Minister Uk Vithun has informed Cambodia’s judges and prosecutors that they should apply the “maximum penalty” to those convicted of certain crimes, a move that human rights workers call a “disturbing” breach of the judiciary’s independence.
According to a document the minister reportedly referred to during a three-day annual meeting of Cambodia’s top judges and prosecutors last week, Uk Vithun said the most severe punishment should be applied to those who commit crimes that “severely affect public security,” like armed robbery and kidnapping.
“The offenders shall not absolutely be allowed to be released temporarily or on bails….The offenders shall be sentenced up to the maximum penalty. The offenders shall not be freed by whatever ways,” read the document authored by the justice minister.
Uk Vithun could not be reached after repeated attempts Monday, but human rights workers present at the meeting said he read from the circular, written last year, at the meeting. But newly installed Municipal Court Prosecutor Uk Savuth defended the move and said the minister was merely making “suggestions” about how to handle cases.
Yet he cautioned some judges are not as independent as they should be, in the wake of a recent sweep of the municipal court resulting in the suspension of two top municipal jurists, including Uk Savuth’s predecessor.
“Are some judges afraid to be independent? It depends on who you talk to,” said Uk Savuth. “Some people, they think they have the law to protect them. Some, they do not.”
Legal and human rights groups also criticized the court sweep, initiated by Phnom Penh Governor Chea Sophara and backed by Prime Minister Hun Sen. They argued that executives should not censure judges until the proper institutions have reviewed the cases.
Supreme Court chief judge Dith Munty said he, too, attended last week’s meeting but said he would not discuss its contents. Sok Sam Oeun, executive director of the Cambodian Defenders Project, said the move by Uk Vithun would reduce the independence of judges.
“Judges must apply the law. They should not act according to the executive. If the minister wants to do like this, he should ask the National Assembly to amend the law and increase the punishment of those offenses.”
Roughly 120 judges and prosecutors attended the three-day conference, along with representatives from the police and from various ministries, according to Ith Rady, deputy of personnel at the Ministry of Justice.
Also discussed were increasing communication between courts and police, he said. He noted police often make arrests without warrants and that officials urged this practice to stop.
