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Justice in Cambodia is administered by several agencies under two ministries. The police fall under the Ministry of Interior, and judges and prosecutors under the Ministry of Justice. Though coordination has often been talked about, no policy has been implemented.
The Ministry of Interior works more directly with the executive and conducts criminal investigations on the basis of contemporaneous policies. For example, at a given time it may follow an order to close down all entertainment houses allowing Karaoke bars, or crack down on kidnappers. On such occasions, arrests, detention and interrogations depend on these directives.
Meanwhile, the Ministry of Justice manages courts in a more regular and less changing manner. Thus, there are difficulties of coordination between the different agencies.
The policing system itself has a military style and its capacity for criminal investigations is low due to lack of training, lack of clarity with regards to its powers and responsibilities, and lack of a clear chain of command. Though the police force has a hierarchy based on organisational charts, it does not operate accordingly.
Prosecutors receive files from the police, but there is no real coordination of activities. Once a file is given, the police stop work on that case. The prosecutors are thereafter expected to conduct their own investigations. Then the case goes to an investigating judge, who is also expected to investigate. Thus, there is much confusion about the functions of each party.
Complaints of torture mostly relate to police investigations. However, once a case is passed to the prosecutors there is no way to pursue a complaint against the police.
Posted on 2005-03-21
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