Judicial laws put independence of courts in jeopardy

Three constitutionally mandated judicial laws would adversely affect the independence of the courts if they are passed in their current draft state, legal experts warned on Friday. Draft versions of the Law on the Organization and Functioning of the Supreme Council of the Magistracy, the Law on the Organization and Functioning of the Courts and the Law on the Statute of Judges and Prosecutors have been analyzed by a legal team from the Cambodian Center for Human Rights (CCHR), which on Friday presented their conclusions in Phnom Penh. “The fact is, on the ground, our courts have been denounced widely and publicly,” said Duch Piseth, CCHR’s trial monitoring coordinator, who expressed his concerns that if the Supreme Council of Magistracy is not independent, the judiciary won’t be either. “At the Supreme Council of Magistracy, the new law says that the Minister of Justice will just automatically be a member, but he’s from the executive branch, which may compromise the independence,” he said. It would also limit the powers of King Norodom Sihamoni, who is constitutionally required to ensure the independence of the body. …

Lauren Crothers
http://www.cambodiadaily.com/news/judicial-laws-put-independence-of-courts-in-jeopardy-58942/