January 9, 2012 · 17:46

Hluttaw oversight of courts

Normally, I’m not one to advocate for infringements on judicial independence. However, one of the biggest mistakes with Indonesia’s reformasi period was to give judges independence without accountability, arguable entrenching judicial corruption up to the present day.

In that light, I’m glad to see that Myanmar’s parliament (Hluttaw) has formed a committee to review and assess controversial judicial verdicts. According to two Myanmar Times articles (here and here), the Pyithu Hluttaw Judicial and Legislative Committee has invited defendants who believe their case was decided unfairly to submit complaints. The committee can then request the court to reassess the case.

The committee asks for “irrefutable evidence” of bias, which on its face sounds like an impossible standard. Yet, according to committee chairman Thura U Aung Ko, of the 100 complaints received 69 have been granted. This is not only a high rate of success, but also a clear and bold condemnation of the judicial system, arguable one of the least independent in the world.

Usually, when Myanmar’s leaders talked about judicial reform, it was in the context of cracking down on corruption. This is the first time I can recall when the discussion has seriously turned to independence and impartiality. It’s definitely an encouraging sign. However, judicial reform is a long process and it’s not yet clear to me that it’s getting the attention it deserves. In particular, we’ll need to see more efforts to retrain or even replace current judges with fresh blood.

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Filed under Burma, Hluttaw, judicial reform, Myanmar

January 9, 2012 · 14:10

Anwar acquitted

I haven’t written recently about the trial of Anwar Ibrahim in Malaysia, partly because I’ve been busy but also because it seemed nothing surprising was happening in the trial. Even top Malaysia experts figured a guilty verdict was inevitable. However, earlier today Judge Zabidin Mohamad Diah ruled that the prosecution had not satisfied its burden of proof and there was still some question about the DNA evidence.

It’s not yet clear what this means for the rule of law in Malaysia. According to BBC, Information Minister Rais Yatim proclaimed that “Malaysia has an independent judiciary” and that Prime Minister Najib’s reforms extended to the courts. However, political analysts suspect that the acquittal might have been orchestrated to diffuse opposition to Najib, especially after the Bersih 2.0 protests last July 9 – rights ends, wrong means. While we probably won’t ever know for sure (unless Judge Diah keeps a journal), we might get more clues if the government appeals.

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Filed under Anwar Ibrahim, Malaysia

January 6, 2012 · 17:10

Beyond the anti-Arroyo?

Aquino’s legacy on the rule of law is still being determined. On the one hand, judges complain that the impeachment of Chief Justice Corona is becoming essentially trial by publicity. On the other hand, some human rights activists credit the president for going after former general Jovito Palparan, one of the masterminds behind extrajudicial killings against suspected leftists (although Palparan remains at large). Ironically, under the Puno Supreme Court had pushed for bringing human rights violators to justice while the Arroyo administration stalled. 

The central question for Aquino is whether he can get beyond the image as the “anti-Arroyo”. Mark Dern in Asia Times highlights the problems plaguing the Philippine criminal justice sector. Perhaps justice-sector reform could be a way for Aquino to demonstrate his reform credentials and leave a legacy beyond simply rectifying the sins of the previous administration.

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Filed under Aquino, Corona, human rights, palparan, Philippines

January 3, 2012 · 23:29

Updates from the Region

I’m still recovering from the Christmas break and trying to get catch up on the news. Here are a few important items:

Indonesia

According to The Jakarta Post, the Constitutional Court ruled that former political party members could not hold a seat in any election-organizing body, such as the General Elections Commission (KPU) or the General Elections Monitoring Body (Bawaslu), within 5 years of their retirement. The ruling was justified as preserving the impartiality and independence of those bodies.

Philippines

There’s been more maneuvering in the impeachment of Chief Justice Corona. The Supreme Court is set to decide whether to issue a temporary restraining order against the Senate to prevent the impeachment from proceeding to a formal trial. Even more interesting, according to PhilStar, the case has been assigned to Justice Carpio, widely seen as Corona’s most likely replacement. Stay tuned for what looks like high legal drama.

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Filed under Corona, indonesia, Mahkamah Konstitusi, Philippines, Supreme Court

December 16, 2011 · 07:12

A verdict!

Myanmar’s Constitutional Tribunal issued a ruling in its second case! (I’m still not quite sure what happened to the first case and find no record of a final decision online). The tribunal ruled that several sections of the Emoluments, Allowances, and Insignias Law as unconstitutional. It’s interesting to see the court actually choosing to exercise review so early, even if in a relatively minor case. Unfortunately, that’s all I know about it right now. See below for the original New Light of Myanmar announcement of the decision:

Union Constitutional Tribunal gives verdict

NAY PYI TAW, 14 Dec-The tribunal comprising the chairperson and all the members of the Constitutional Tribunal of the Union delivered the verdict on proposal No. 2/2011 submitted by 23-member group including Amyotha Hluttaw Representative Dr Aye Maung through the Amyotha Hluttaw Speaker in accordance with Section 15 (d) of the Union Constitutional Tribunal Law, at Room No. 1 of the tribunal this morning.

The verdict stated that the proposal of 23-member party including Dr Aye Maung was allowed; according to the provisions of the Constitution of the Republic of the Union of Myanmar, Section 4 (c) of Emoluments, Allowances and Insignias Law of Region or State level Officials covers Region or National Races Affairs Ministers as they are the ministers of regions or states concerned and provisions in Section 5 and 17 of this law is not in compliance with the constitution.-MNA

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Filed under Burma, constitutional tribunal, Myanmar