Wednesday, September 30, 2009

Police, Not People, Should Collect Evidence: Expert

By Sok Khemara, VOA Khmer
Washington
29 September 2009


It is the job of law enforcement to find evidence following a legal complaint, and not that of an average citizen, a leading rights monitor said Monday.

People are often confused, believing they are beholden to find evidence before proceeding through legal channels, said Ny Chakriya, monitor section chief for Adhoc, as a guest on “Hello VOA.”

“Feeling like one needs to find evidence while filing a complaint, that’s a big confusion,” he said, though it is one shared by many Cambodians.

While regular citizens need more information about the law, judicial reform at the top needs some time, he said.

There are positive changes, including amendments to some laws, and some negative aspects of reform, as a few key laws have not been established.

A criminal law, law on judges, anti-corruption legislation and a law on the Supreme Council of Magistracy all need passed, he said.

The new criminal procedure is still a concern, especially with defamation charges, as a defendant can face jail time even if nothing is eventually found wrong against him, Ny Chakriya said.

“We’ve asked for the deletion of some parts regarding defamation, but we do not know whether the National Assembly will agree or not,” he said.

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