Some Realistic Steps to Address Corruption in Cambodia’s Prisons

Prisons are perfect environments for corrupt activity (see here and here), even in countries that are generally not corrupt. A captive, marginalized, and powerless population is at the mercy of an armed, empowered group for everything from safety to basic food and water supplies. In Cambodia, a deeply corrupt country to begin with, prison corruption impacts every aspect of incarcerated life. Prison conditions are abysmal; water and food are scarce and are often unsafe to consume; prisons are severely overcrowded; and prisoners are subject to beatings and sexual abuse by other prisoners and guards. The Cambodian NGO Licadho found that “[t]here is a price tag attached to every amenity imaginable [in prison], from sleeping space to recreation time. Those who can’t afford to pay are forced to endure the most squalid conditions.” Even release from prison at the end of a sentence can be contingent on paying bribes.

These conditions constitute clear, and awful, violations of the human rights of prisoners. Cambodian prison corruption also threatens to undermine Cambodia’s already shaky justice system: As long as prisons are seen as institutions of corruption, torture, and injustice, as opposed to centers of rehabilitation, they will never escape the image left behind by the Khmer Rouge.

There aren’t a lot of feasible solutions, however. Both financial resources and political will to address prison corruption are very limited. Major reforms that would address fundamental problems, such as the lack of an independent judiciary, are hard and expensive, and the current government is not open to them. Nevertheless, there are a range of more modest reforms, which are both less expensive and more politically feasible, that could reduce corruption in prisons and improve the situation of many prisoners. Consider three such low-hanging fruit:

Continue reading

Guest Post: The Obiang Trial Suggests Innovative Approaches To Fighting International Corruption

GAB is pleased to welcome back Frederick Davis, a lawyer in the Paris office of Debevoise & Plimpton, who contributes the following guest post:

Over the past two months, the French Tribunal de Grande Instance in Paris (the principal trial court) heard evidence in the case against Teodoro Nguema Obiang Mangue (known as Teodorin), on charges of corruption and money laundering, among other allegations. Teodorin is the son of Teodoro Obiang Nguema Mbasogo, the long-time – and notoriously corrupt – President of Equatorial Guinea, a resource-rich country that also has some of the most widespread poverty in the world. Yet Teodorin, who is currently Vice President , owns vast real estate in Paris, a private jet, a yacht, and a fleet of vintage and modern automobiles, among his other known assets. This case has been discussed extensively on this blog (see here, here, here, here, here, here, here, and here), but it’s useful to recap how the case came to trial in the first place:

The case against Teodorin was primarily the result of diligent efforts by NGOs, including the French anticorruption group Sherpa and the French chapter of Transparency International (TI). In 2007, Sherpa and others filed a complaint with the Public Prosecutor in Paris alleging that the ruling families of Equatorial Guinea, Angola, Burkina Faso and the Republic of the Congo held assets in France that were not the fruits of their official salaries. After a brief investigation, the Public Prosecutor dismissed the claims. Several of the NGOs, joined in some instances by citizens of the countries in question, then used a French procedure known as constitution de partie civile to cause a criminal investigation by an investigating magistrate (juge d’instruction). This effort was opposed by the Public Prosecutor. A Court of Appeals initially upheld the prosecutor’s position and dismissed TI’s intervention, but in an important 2010 ruling, the French Cour de Cassation (Supreme Court) ruled that TI was a proper partie civile authorized to instigate the criminal investigation. Ultimately Teodorin was bound over for trial, now with the support of the Public Prosecutor (as well as the continued active participation of TI and other NGOs). A decision is expected in October.

The procedures that brought Obiang to trial are interesting because they highlight four important differences between French and US criminal procedures, and more generally illustrate several legal deficiencies, in countries like the United States, that often hinder the worldwide fight against transnational corruption: Continue reading