February 16, 2012 · 15:38

A test for Myanmar’s courts?

According to DVB, a group of farmers in Mingalardon Township is filing a lawsuit against USDP MP Khin Shwe. Khin Shwe was a business tycoon before entering the Hluttaw. The farmers accuse him of conspiring with local officials to seize 815 acres of land. The farmers were forced off their land in April 2010 and are now seeking compensation.

Just a year ago, a lawsuit like this would have been thought a hopeless cause. Now though, as Naypyitaw introduces radical changes to other areas of political life, this case could be a key test. So far, the reforms have not actually threatened to introduce accountability into the political system. Moreover, the judiciary has been a weak link in the reform process. I have yet to see any judicial reform program or serious move to guarantee judicial independence. If the courts provide the villagers with some relief – or even take the case seriously – it might indicate that judges received a signal that they can and should rule independently. Unlikely perhaps, but so was the thought of Aung San Suu Kyi in parliament just a year ago.

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Filed under Burma, judicial reform, land, Myanmar

February 15, 2012 · 15:24

Contemptuous contempt

The Supreme Court recently dismissed a complaint by several losing litigants against three Court of Appeals judges. Of course, losing parties often have an incentive to complain that decision was not fair. However, the Supreme Court then turned around and threatened the complainants with contempt “for degrading the judicial office of respondent Associate Justices of the Court of Appeals, and for interfering with the due performance of their work for the Judiciary.” You can read more about the current case here.

One of the themes that emerged from Marites Vitug’s Shadow of Doubt is that the Supreme Court protects its own. While the Supreme Court has every right to dismiss frivolous complaints against judges, is it taking things too far to threaten contempt? The real concern is that overusing contempt might discourage legitimate and useful public scrutiny of the courts. There is some research suggesting that public accountability, transparency, and media attention are key to improving judicial independence and quality.

This issue came up before when several law professors publicly complained that Justice del Castillo had plagiarized a U.S. law review article – a serious charge made by serious individuals. Then as now the Supreme Court accused them of contempt. Congress is in the process of deciding whether to impeach Justice del Castillo. However, it would probably be better for the courts if the public rather than the Congress acted as the judicial watchdog.

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Filed under contempt, Philippines, Supreme Court

February 9, 2012 · 18:44

A new man for Indonesia’s Supreme Court?

Indonesia’s Supreme Court voted for a new chief justice, and for one some observers seem hopeful. Chief Justice Hatta Ali, formerly a deputy chief justice, won a clear majority of the 54 votes (28, compared to 15 for the next highest vote earner).

Usually, legal analysts point to the Supreme Court as an exemplar the problems with Indonesia’s legal system. However, The Jakarta Globe sounds optimistic in its assessment. Chief Justice Hatta Ali has already pledged to improve judicial quality through training courses during his first 100 days, as well as to address the notorious backlog.

Indra, a DPR MP who sits on Commission III (legal affairs), suggested Chief Justice Hatta Ali look to the Constitutional Court as a model for speeding up case processing. However, the Supreme Court’s backlog is an order of magnitude larger than the Constitutional Court’s (22,000 vs. just over 100 last time I checked). Moreover, the Constitutional Court’s jurisdiction is limited and it can always dismiss cases for lack of standing, whereas the Supreme Court has general jurisdiction. As such, while I certainly wish Chief Justice Hatta Ali good luck, I don’t yet see a viable plan to bring the docket under control.

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Filed under Hatta Ali, indonesia, Supreme Court

February 8, 2012 · 23:23

Burma: Incentives for Reforms?

New Mandala just published an op-ed I wrote about Burma’s nascent economic reforms. In it, I try to frame Burma’s elite politics in light of what we know about political institutions. I’ve always been a bit skeptical of the argument that Burma’s reforms are solely a response to foreign pressure and this article was intended to highlight the domestic incentives for reform.

One important aspect of my analysis is that I do not assume anything about the preferences of any of Burma’s political elites, particularly whether they want democracy or not. After all, I don’t know them personally (well, except for Aung San Suu Kyi). However, I do assume that politicians do seek higher political office, which I think can either support a cynical or idealistic interoperation of events. Either way, I argue that there are enough political incentives to sustain the reforms, at least so long as they don’t directly impinge upon the military.

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Filed under Burma, Myanmar

January 21, 2012 · 14:50

Impeachment imbroglio

I haven’t written much about the impeachment of Chief Justice Corona in the Philippines partly because events are moving so quickly that it’s hard to post anything without it becoming obsolete the next day. Nonetheless, the main development now seems to be that prosecutors have found inconsistencies on Corona’s Statement of Assets, Liabilities, and Net Worth (SALN) (for an overview of the charges, see here and here). This alone is an impeachable offense. Other allegations of corruption have arisen, including misappropriation of World Bank project funds (see the World Bank memo asking for the return of 8.6 million pesos here).

While I’ve been following the news pretty closely, I certainly don’t recall any discussion of corruption as the basis for impeachment before the House voted last December. While these allegations of corruption certainly paint a disturbing picture of Corona’s chief justiceship, I’m surprised that the trial has moved in this direction rather than focusing on the stated basis for impeachment, namely Corona’s decisions. I hope the focus on real crimes means that the Philippines can minimize the damage the impeachment trial will have on judicial independence. If future judges see this impeachment as the legitimate removal of a corrupt official rathe than a politically motivated attack then all the better. However, while judges don’t often state their positions publicly, what I’ve seen in news reports is that judges are sticking by their chief justice – at least for now.

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Filed under Aquino, Corona, impeachment, Philippines