Wednesday, September 05, 2007

Sihanouk Not Immune to Tribunal, Rights Group Says [- PPenh regime overlooked the Cambodian Constitution in King-Father's immunity case?]

Sok Khemara, VOA Khmer
Original report from Washington
04 September 2007


Because he is not the ruling monarch, former king Norodom Sihanouk has no constitutional protection against the tribunal courts, a leading rights group said Monday.

Parliament has granted Sihanouk special status as "Great Valorous King," which was meant to grant him "the same privileges and immunities as those constitutionally conferred upon the reigning monarch," the group said in a statement.

But "the Asian Human Rights Commission strongly urges the Cambodian government, the National Assembly, the Senate and the Cambodian People's Party not to attempt to defend former king Sihanouk's immunity from prosecution, as it is both unconstitutional and indefensible," the group said. "They should lend support to the Khmer Rouge tribunal."

If truth or justice requires it, the group said, "Sihanouk should be summoned" as a defendant or witness.

If the people want full immunity for the former king, "there should be an amendment, stipulated clearly in the constitution, to avoid criticism like this one," opposition lawmaker Son Chhay said.

"I'm just asking, do they want to let the court process or not," government spokesman Khieu Kanharith said, without elaborating. "Why do you jam a stick in the wheel of the cart?"

4 comments:

Anonymous said...

imbecile-Sihanouk keep wanting to blame the US for Khmer Rouge rise to power? HUH? what a nut. The royal family for 300+ years have done a pathetic job ruling Cambodia. They NEVER supported the education system. While the royal family have been living in luxury. Her people lived in poverty. A revolution was long overdue. The first sign of a coward is when he lays blame on others. As a leader you have except responsibility whether its good or bad. Sihanouk take credit for good things. Blame others if the job is done poorly.

Anonymous said...

Khieu Kanharith,

You're Hanoi agent and you and your boss is the ones who jam a stick in the wheel of the cart. You and the rest of your people will be next in standing trial. Remember NONETHING WILL LAST LONG OR FOREVER AND LOOK AT KHMER ROUGE REGIME, TALEBAN REGIME, SADAM HUN SEN OF IRAQ AND CAMBODIA.

When CPP toppled in one day, whoever work for CPP are better move to Hanoi before you get hang or shooting squad.

Anonymous said...

Wednesday, September 05, 2007
Former King Blasts US Role in Rise of Khmer Rouge
Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
04 September 2007


Rather than bring the former monarch before Khmer Rouge tribunal courts, better to call forth the US leaders whose interference in Cambodian affairs led to the rise of the regime, former king Norodom Sihanouk said Monday.

In a letter written in French and circulated to journalists Monday, Sihanouk raised the role of the US in toppling his monarchy and inflaming a communist insurgency through bombing and fighting in the 1970s.

US leaders were responsible for the rise of the Khmer Rouge and the killing of millions of innocents, the former monarch wrote.

Sihanouk's role in the rise of the Khmer Rouge has come under the spotlight in recent weeks, with at least one small non-profit group calling for the revocation of parliament-granted immunity to a tribunal.
Labels: ECCC, KR Tribunal, Sihanouk, US blamed for the rise of the KR

posted by Heng Soy at 4:34 AM Permalink

8 Comments:
Anonymous said...
The former monarch is right about the US. Lon Nol regime was too corrupted and violence was high againts one another, that's why Khmer Rouge won.

Don't need to go far to look at anywhere just look at Iraq.

"Unveiling Iraq's Teenage Prostitutes in Syria," by Phillips

http://faculty-staff.ou.edu/L/Joshua.M.Landis-1/syriablog/2005/06/unveiling-iraqs-teenage-prostitutes-in.htm

5:50 AM
Anonymous said...
Hello 5:50 AM
Lon Nol regime was corrupted but the whole Nation, we still used our currency which is real. How about now? It is not corrupted? it is too rotten isn't it. You are right about US? how about US dollars? are you hungry?
Look at Sihanouk Children which is not an animal? Rannarith? Chakrapong, narindrapong? can you relie to anyone ? They are not only corrupted and robbed national wealth but his own ministers'wife !!!

6:32 AM
Anonymous said...
Shame on you to make this comparison. The KRT is set to find the truth on why the Khmer Rouge committed the horrible killing of innocent people during their reign of power. We all know who were involved in the Vietnam War. If you need to hold the U.S. responsible for the rise of the Khmer Rouge, there must be another court, and all parties (Vietnam, China, and Russia, etc.) must also be brought to that court.

The innocent Killing Field victims did not participate in any insurgency, did not have any political or religious agenda to go up against the Khmer Rouge, but they still get killed by those cold-blooded killers.

With the amount of money Cambodia has been receiving from donors,the stubborn poverty, corruption and impunity that Cambodia is now experiencing, Lon Nol regime was so pale in comparison. Even in the two communist countries that are the main respective backers of both Sihanoukists and the current Cambodian regime, corruption and crimes do not go unpunished.

Sihanouk cannot pick and choose who to blame for the rise of the Khmer Rouge. The finger-pointing can go on indefinitely, however, the task at hand is to find and punish those killers so that it will send a message to other people who are now in power that crimes against humanity will not go unpunished.

6:36 AM
Anonymous said...
Let the court decide, no body above the law even the U.S. The U.S played a major role and so did the Sihanouk. Let the truths reveal in court.

8:35 AM
Anonymous said...
All the anonymous....No one above the law. Take both US government and Sihanouk to trial. Both are crook. Stop being bias for USA nor Sihanouk. The evil and and the devil had caused a great hell to Cambodia.

9:19 AM
KULEN MONOROM said...
All true Khmer compatriots, ladies and gentlemen,

Cambodia's had cancers that were embedded into her by China+YUONS+Vietminh-CPP-Hun Sen+all royal's crooks through traitor Sihanouk's flesh and blood, also through his YUON's wife Monique and Sihanouk’s clique.

To have a true and lasting peace for Cambodia these cancers have to be removed once for all, either by the law of ECCC-KRT or by any means, as long as the majority of true Khmers are agree with.

If these cancers remain inside Cambodia without proper treatments YUONS will continue to swallow us bit by bit every day and China will gobble the whole region without mercy toward Cambodia land and all Khmer people, with the last assistance of NORODOM SIHANOUK-HUN SEN.

KULEN MONOROM
(the rice farmer's son)

10:19 AM
Anonymous said...
Go back to do your farm and meet the yumbal, looser. We don't need psychopath like you in our country.
Prey sar prison cells just to keep the trouble makers, but you go beyond that, you are a psychopath.

10:27 AM
KULEN MONOROM said...
Dear 5:50am,

Although I would like the UN, ECCCC to judge His Majesty ex-king Sihanouk for his wrong action towards millions of true Khmer people's lives, In the name of God I can not hate His Majesty ex-king Norodom Sihanouk physically.

He had a lot of children and wedlocks, including many grand children, most of them did not know how to protect and love true Khmer people and Khmer lands.

However, I would like to tell you Norindrapong, Noradipo and princess Botom Bopha were good children except Noradipo was also gay.

I also have heard that Norodom Chakrachak, Sihanouk unrecognise grandchil bravely fought with the
Samurai swords face to face with the occupier groups of young YUONS' gangster in Phnom Penh.

When they defend Khmer land or true Khmer's people, they deserve to be mentioned.

But when they handed Khmer Kampuchea Krom to YUONS, killed millions of Khmer now again co-operate with YUONS + Vietminh-Hun Sen to swallow our true Khmer people and Khmer land, we have to support the ECCC-KRT to find justice for all of us so in the future we can build our Cambodia together without mistrust.

KULEN MONOROM
(the rice farmer's son)

Anonymous said...

I almost appreciate the comments and the interpretations made by AHRC. However, one should note that if AHRC is to consider the Constitution of the Kingdom of Cambodia to be supreme to any other legislation in Cambodia without taking account of the stability, social, economic and political coherence and peace in Cambodia, I would like to take this opportunity to counter the AHRC arguments.

1. In the statement, AHRC stated that the law conferring special privilege upon the King was unconstitutional, and mentioned: ‘the tribunal should challenge the constitutionality of this immunity at the Constitutional Council of Cambodia’. I would say that AHRC should read again the Constitution on article 141 which states that only the King, the President of the Senate, the President of the National Assembly, the Prime Minister, ¼ of members of Senate, 1/10 of members of National Assembly or the Courts may request the Constitutional Council to review the constitutionality of passed law. Furthermore, in the same article, Khmer Citizens shall have the right to appeal against the constitutionality of any law through their representative or President of National Assembly or member of the Senate or President of the Senate, etc. Since there is unanimous consensus among all political parties (CPP, FUNCIPEC, and SRP) -- including other of the Senate, the National Assembly, the Prime Ministry, etc. -- the challenge for the unconstitutionality is not feasible and is, therefore, just a dream. The request by AHRC to have the ECCC to challenge the constitutionality of the above law is not reasonable and if it is so, it possibility to realize is unlikely to happen. Thus let the Constitutional Council of Cambodia play its roles as the interpreter of the constitutionality upon requested by those right persons (the King, Senate President, etc.), not the AHRC.
2. Again, it is wise to consider that the ECCC is born thank to the Agreement between the UN and the RGC (Royal Government of Cambodia) concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea dated 03 June 2003. The Agreement states clearly that the General Assembly of the UN recognizes the legitimate concern of the RGC and the Cambodian people in the pursuit of justice and national reconciliation, stability, peace and security. The interpretation of any rules or laws arising from the agreement should be in consistency with its intent which is the national reconciliation, stability and peace in Cambodia. This is what the vast majority of Cambodians want, not few people who cite or make petition or statement here.
3. On merits, Samdech Sihanouk, who has been widely accepted by general Cambodians as a hero, should not be summoned to the ECCC. This merits stems from the fact that Samdech Sihanouk used to be the King of Cambodia who to enjoy the full privilege for his entire life as stated and guaranteed by the article 7 of the Constitution and as rightly pointed out also by AHRC. Therefore, a person who had resigned himself from being the King for entire life just for the sake of the continuity, stability and peace in Cambodia deserves high respect, admiration and reward rather than prosecution. One should agree that without his abdication, no politicians particularly care about the continuity of the throne and monarchy in Cambodia as proved by the fact that the law on the throne council had not been adopted at that time. This means that if Samdech would, in any case, passes away -- we don’t know when as this is of human nature-- Cambodia faces greatly potential danger without the King and the new constitution would need to be drafted. The dramatic and substantial changes in the Constitution, especially the regime, would lead to chaotic political situation and dilemma, not to mention war. Again, Cambodian people and particularly the poor would certainly suffer from this.
4. The AHRC suggests further that trials in Cambodia are no longer conducted in the name of the King, but "in the name of the Cambodian people". Again, the Agreement between the UN and the RGC concerning the Prosecution under Cambodian Law is the founder of the tribunal. From the name of the Agreement, one can know that the prosecution is under the Cambodian Law. Whatever it is, it would be conducted in accordance with the rules and customs of Cambodia.
monyrath