Speech

Remarks by Ambassador Joseph A. Mussomeli
Release of CSD's 2007 Report on Court Monitoring

Sunway Hotel, Phnom Penh
March 20, 2008

Your Excellency, Ladies and Gentlemen, good morning.  I am delighted that Theary has invited me back a second time to speak to you.  When I spoke last year, I complimented the Cambodian justice system on the fact that their courts are generally open to the public and that citizens are free to attend court trials.  That is a significant step toward transparency and developing a rule of law culture in Cambodia.  Creating such a culture should be our highest priority.  Nothing is more important than instilling this civic notion of rule of law.  Quite simply, there are only two options when it comes to human society: Tyranny where the powerful and wealthy dominate or Law where all are treated equally and fairly. 

Of course there are those who suspect there is no real difference.  That even the law is misused and abused by the wealthy.  Last week I was speaking to some Cambodian law students and I quoted for them the famous words of the ancient Greek, Anarchus: “Written laws are like the web of a spider, and will like a spider web only entangle and hold the poor and weak, while the rich and powerful will easily break through them.” 

But it is the job of all of us to make sure Anarchus was wrong.  And that means there must be mechanisms for evaluating and assessing the work of the courts to make sure they are not merely spider webs to entangle the weak and poor.  If the rule of law is to flourish, there must be greater and greater transparency in its application.  And that is why the work of CSD in monitoring the courts is such a laudable and crucial service to Cambodian society. 

The CSD Annual Report makes clear that what goes on inside Cambodia’s courtrooms still falls short of what can be considered ‘procedural justice’ by a democratic society.   For example, according to CSD monitors, in more than half of all criminal cases monitored, the defendant did not have a lawyer present to defend him or herself in court.  The Cambodian legal system is now at a point in its development where surely it can – and will -- do better than this. 

CSD reported that over 25% of the defendants appearing in court claimed to have been tortured or coerced into giving confessions.  I note that this percentage, 25%, is the same as reported last year, indicating that there has been no significant change in the way defendants are treated during the fact finding process.  I do recognize that it is difficult for the monitors to confirm the truth of these allegations of torture and coercion – some of these defendants may well be lying --  but the sheer number of complaints tells us that there is something very wrong here.   

I also note with concern, that according to the report, adults accused of crimes are frequently held in detention awaiting trial beyond a reasonable time.  This seems to be even more frequently the case when it comes to juveniles. This is unjust, and it is something that the courts, in most cases, can do something about.

But not all the news is bad.  The judiciary in Cambodia is evolving and improving.  CSD reports that more victims and witnesses appeared in court to testify in 2007 than they did in 2006.  This indicates that the system has made some progress toward the goal of giving defendants a meaningful opportunity to challenge the government’s case against them.  Also, the monitors applaud the actions of a Phnom Penh judge who, rather than send a 14 year old boy to prison for stealing a car mirror, sensibly sent him instead to a rehabilitation center.

On balance, however, there remains a good deal to be done before the people of the judicial system will earn the trust of the people of Cambodia.  And while part of this problem is the failure of government, another part of the problem is the failure of the people themselves.  Everyone wants the justice system to be fair and transparent, -- except when it comes to themselves and their families and friends.  Too many will advocate for a transparent system of justice, but then do whatever they can to ensure they get special treatment.  This is a natural, if not altogether healthy, human inclination.  And it is one that organizations like CSD help counter and combat. 

In closing, I would just like to reiterate that great work that CSD does.  I applaud CSD’s efforts this year and I commend the courage and willingness Cambodian Government officials have shown to work with CSD and their monitors.  The United States Government is honored to assist in this endeavor.  We look forward to continuing our work with CSD, with Your Excellency, with the Ministry of Justice, and with the courts of Cambodia.