SPEECH DELIVERED BY HE PENNY RICHARDS, AUSTRALIAN AMBASSADOR TO CAMBODIA
AT THE OPENING OF THE PHNOM PENH COURT OF APPEAL BUILDING AND LAUNCH OF THE CASE DATA BASE FUNDED BY GOVERNMENT OF AUSTRALIA
2012, COURT OF APPEAL
HE Dr Sok An, Deputy Prime Minister, Minister in Charge of Council of Ministers and Co-Chair of the Council for Legal and Judicial Reform
HE Dith Munty, President of the Supreme Court and Co-Chair of the Council for Legal and Judicial Reform
HE Chea Leang, Prosecutor General of the Supreme Court
HE Ang Vong Vathana, Minister of Justice
HE You Bunleng, President of the Court of Appeal
HE Ouk Savuth, Prosecutor General of the Court of Appeal
H.E Prum Sokha, Secretary of State of Ministry of Interior
Senior Ministers and Ministers, Excellencies, Ladies and Gentlemen
I am very pleased to represent the Government of Australia at the opening of the new building and the case data base at the Court of Appeal in the Kingdom of Cambodia. The Government of Australia, through AusAID, has funded the renovation and extension of the Court buildings as part of our joint effort with the Royal Government of Cambodia to improve legal and judicial processes for Cambodians.
The new Court of Appeal building is an important part of a large program of infrastructure support under Australia’s AUD 20 million justice sector contributions to the Royal Government of Cambodia, managed through the third phase of the Cambodian Criminal Justice Assistance Project (CCJAP3).
Characteristics of a well-functioning justice system
It is the strong wish of both Governments that people have confidence in the justice system. A well-functioning justice system means that the police work with communities to prevent crime. It means that security forces use only proportionate force in responding to disorder. It means that deaths caused by the authorities in the course of their duties are investigated promptly and transparently. It means that the rights of people against whom allegations are made are respected. It means that charges are laid promptly and cases are dealt with in a fair and timely manner by the courts. Accused persons should have access to a lawyer and should be sentenced appropriately, including through the compassionate use of non-custodial penalties available under the law.
Strengthening the role of the Court of Appeal
The Court of Appeal considers all appeals of judgments by the Provincial and Municipal courts and the military court. It is the role of the Court of Appeal to protect the rights of citizens established under the Constitution, and to correct any errors of law that may have occurred in lower Courts.
There are currently serious delays in hearing appeals. It is important that appeals are heard and that decisions are communicated to the appellants in a timely manner. Justice delayed is justice denied.
Both Governments want to remedy this injustice. The Government of Australia has provided funding for a larger Court building in order to hasten consideration of the large number of outstanding appeals. The extension of the Court of Appeal with this new building should see a significant improvement in this situation. This more spacious Court will create a better working environment. It should allow the Court to deal with appeal cases in a more transparent and timely fashion. Decreasing the backlog of cases will also improve the serious overcrowding of prisons in Cambodia.
Not only does the new building double the capacity of the court to hear cases, but it also allows the Court to reorganise its administration. In addition to the two extra court rooms, the new building also has more room to store evidence and to maintain court records and files. It provides rooms for lawyers to ensure access by their clients to legal services and holding cells so that prisoners can be present when their appeal is heard. This is a right under the Constitution.
The Court can now establish a public information office to advise people of their rights and to increase the delivery of services to the public. Australia and the Royal Government of Cambodia are also committed to strenthening the database system within the Court to allow us jointly to monitor expected reductions in excessive pre and post-trial detention and the related violation of detainees' rights. With this new building and a new data managment system, I hope that excessive detention will be eliminated and that we will see a reduction in prison overcrowding.
I was also delighted to learn that the President of the Appeal Court has introduced the electronic case management system used at the Extraordinary Chambers in the Courts of Cambodia to the Appeal Court. This is exactly the kind of transfer of best practice from the ECCC to the national courts which helps to sustain the international community’s contributions to the ECCC budget.
The Australian Government is also funding two legal aid lawyers attached to the Court of Appeal to support efforts to reduce the backlog of appeal cases and uphold the rights of appellants.
The draft Law on Organization and Functioning of the Court commits the Royal Government of Cambodia to establish Regional Courts of Appeal and a mobile Court of Appeal, a development which would further reduce the backlog of appeal cases. I encourage the early adoption of this Law, as it will address many injustices currently occurring where prisoners on appeal languish in gaol well beyond the legally allowable period.
Importance of legal ethics
Physical infrastructure alone does not guarantee better access to justice. It also requires good leadership, good management, high ethical standards, open lines of communication, and respect for all people. Judges and court officials must demonstrate the highest standards of honesty and integrity. They must decide cases according to the law and relevant facts, taking into account all admissible evidence.
Parties before the courts must have confidence that the judicial system is free from corruption and political interference. Judicial independence is paramount. If citizens lose confidence that they can receive a fair legal verdict in the courts, they will turn to other methods to resolve their grievances, such as political demonstrations or direct action. Conversely, a well functioning legal system contributes to social stability. If the community sees that the rich and powerful are treated in the same way as the poor and powerless, they will feel confident in resolving their disputes peacefully through the legal system. However, the belief that rich people can get away with committing crimes without punishment, or that poor people will be convicted without a proper defence and be subjected to harsh penalties, leads to fear, resentment and social instability. An independent and efficient legal system is important both to protect human rights and also to maintain social stability and underpin sustainable economic growth.
Future Australian assistance
CCJAP Phase 3 concluded in September 2012. However, Australia has committed to assist the Royal Government of Cambodia through a new program until 2015. Building on our past engagement and strong relationships in the justice sector, the new program will place increased emphasis on working with local authorities, communities, and civil society to prevent crime and improve community safety, reduce prison overcrowding, expand access to legal services, and consider practical alternatives to resolve disputes. There will also be greater effort by both Governments to eliminate violence against women, with additional funding from the Government of Australia to support the implementation of the Royal Government of Cambodia’s National Action Plan on Domestic Violence through a comprehensive response that improves enforcement of the domestic violence law and increases services to victims of domestic violence.
Australia will work with the Ministry of Justice and NGOs to support interim arrangements to provide access to legal aid at each Provincial Court while the Royal Government of Cambodia and the Council for Legal and Judicial Reform consider options for a government-financed legal aid system. This is a priority of the Cambodian Government’s Legal and Judicial Reform Strategy. Access to legal aid for every person accused of a crime is guaranteed under Cambodian law. This is an important means of protecting the rights of individuals and avoiding errors of law in courts of first instance that increase the workload of the Appeal Court.
Excellencies, distinguished guests, ladies and gentlemen
I would like to express my sincere thanks to HE Dr Sok An, Deputy Prime Minister, Minister in Charge of the Council of Ministers and Co-Chair of the Council for Legal and Judicial Reform, for devoting his valuable time to attend today’s opening ceremony. Further improvement in the Cambodian legal system will require his strong leadership and we must rely on his commitment to improving the Cambodian people’s access to justice.
I commend the efforts of Their Excellencies, the President of the Supreme Court, the Prosecutor General of the Supreme Court, the Minister for Justice, the President of the Appeal Court and the Prosecutor General of the Appeal Court in strengthening the legal system and call on them to make unremitting efforts to stamp out corruption and uphold the independence and professionalism of Cambodian judges, prosecutors, defence lawyers and court officials.
I would like to express my appreciation to the Chair and Deputy Chairs of the National Management Board, the Ministry of Justice, and their colleagues with whom we have worked hand in hand to improve the working standards of courts in Cambodia and to improve the management of prisons.
Allow me to convey my appreciation for the contribution of other donors and civil society partners who continue to support the courts, prisons and communities in order to improve access to justice in Cambodia. I particularly wish to thank the CCJAP team members for working so productively with a wide range of partners and for their dedication and commitment to ensuring the human rights of all Cambodian citizens are at the centre of our involvement in the justice sector.
Let me conclude with the fervent hope that the inauguration of these new Court of Appeal facilities will be a further step along the road to a fairer and better justice system in Cambodia.
Thank you.