Sunday, June 14, 2009
Op-Ed by Chanda Chhay
Originally posted at http://cambodianchildren.blogspot.com
As citizens, regardless to which country we belong, our lives and the laws are forever intertwined and inseparable. But, we rarely take the opportunity to learn and understand the laws which impact our lives on a daily basis. When we have any matter or issue of concerns involving the laws, we turn to lawyers and/or the legal institution to find resolution for us. The unfortunate thing about this practice is that lawyers and the legal institution are sometimes not what we expect them to be. When lawyers and the legal institution are incompetent, they complicate matter even further and make our lives more miserable.
Regardless of the country, or culture, or political structure under which the laws are written, all laws have two elements in common. One is called: The letter of the law; and the other is called: The spirit of the law. Just like our body and our soul, the letter and the spirit of the laws are inseparable. One could not properly exist without the other. I am not a law student, but I know that even the dumbest law student knew this fact by heart. I also know that most impartial jurists/judges always take the letter of the law and the spirit of the law into consideration when making legal decision, no matter how trivial the case is. Now that we have laid out some groundwork principles with respect to the laws, let us look at a recent legal case involving the Prime Minister of Cambodia, Mr. Hun Sen.
The case of Ms. Mu Sochuo versus Mr. Hun Sen, Prime Minister of Cambodia, stemming from a derogatory remark the latter made while giving a speech in Kompot Province certainly merits some learning and looking into the Cambodian legal system. Based on the recent outcome, for which the case was dismissed by the Phnom Penh Municipal Court as having no merit, it is painfully clear that the court has neglected to take the spirit of the law into consideration. Though it is within the purview of the court whether to take the spirit of the law into consideration while making a politically and potentially dangerous decision, it is not right for the court to neglect the spirit of the law. Just because we could not physically see, hear, or touch the spirit of the law, this does not mean that the jurists or judges could ignore it. To do so, it would be pretentious and make a mockery of the justice system as a whole.
Despite Mr. Hun Sen is, technically, not guilty of breaking any letter of the law, his speech in Kompot Province clearly violated the spirit of the law with regard to Ms. Mu Sochuo’s integrity, as a sole female member of parliament from Kompot Province and as a woman, who was the implied object of his innuendo. Upon making its decision to dismiss the case, the Phnom Penh Municipal Court should, in no uncertain term, inform Mr. Hun Sen of his guilt. And the least the court could do is to admonish and advise Mr. Hun Sen to take whatever appropriate corrective course of action to amend his guilt, be it intentional or unintentional. As a reprimand for his reckless speech, another least action the court could take is to make Mr. Hun Sen write a letter to Ms. Mu Sochuo to inform her of the real motive of his speech and inform her of his regret if his speech caused harms to her, emotionally or personally, and that such causes were unintentional, if that was the case.
Chanda Chhay
Regardless of the country, or culture, or political structure under which the laws are written, all laws have two elements in common. One is called: The letter of the law; and the other is called: The spirit of the law. Just like our body and our soul, the letter and the spirit of the laws are inseparable. One could not properly exist without the other. I am not a law student, but I know that even the dumbest law student knew this fact by heart. I also know that most impartial jurists/judges always take the letter of the law and the spirit of the law into consideration when making legal decision, no matter how trivial the case is. Now that we have laid out some groundwork principles with respect to the laws, let us look at a recent legal case involving the Prime Minister of Cambodia, Mr. Hun Sen.
The case of Ms. Mu Sochuo versus Mr. Hun Sen, Prime Minister of Cambodia, stemming from a derogatory remark the latter made while giving a speech in Kompot Province certainly merits some learning and looking into the Cambodian legal system. Based on the recent outcome, for which the case was dismissed by the Phnom Penh Municipal Court as having no merit, it is painfully clear that the court has neglected to take the spirit of the law into consideration. Though it is within the purview of the court whether to take the spirit of the law into consideration while making a politically and potentially dangerous decision, it is not right for the court to neglect the spirit of the law. Just because we could not physically see, hear, or touch the spirit of the law, this does not mean that the jurists or judges could ignore it. To do so, it would be pretentious and make a mockery of the justice system as a whole.
Despite Mr. Hun Sen is, technically, not guilty of breaking any letter of the law, his speech in Kompot Province clearly violated the spirit of the law with regard to Ms. Mu Sochuo’s integrity, as a sole female member of parliament from Kompot Province and as a woman, who was the implied object of his innuendo. Upon making its decision to dismiss the case, the Phnom Penh Municipal Court should, in no uncertain term, inform Mr. Hun Sen of his guilt. And the least the court could do is to admonish and advise Mr. Hun Sen to take whatever appropriate corrective course of action to amend his guilt, be it intentional or unintentional. As a reprimand for his reckless speech, another least action the court could take is to make Mr. Hun Sen write a letter to Ms. Mu Sochuo to inform her of the real motive of his speech and inform her of his regret if his speech caused harms to her, emotionally or personally, and that such causes were unintentional, if that was the case.
(CASE CLOSED)
Chanda Chhay
28 comments:
Immunity suspension must be called immediately, and the proceeding of immunity suspension is absolutely necessary. The proceeding must not delay; time is of the essence.
--PPU
Recently, I personally ooze enormous frustration due to the fact that this lady (lawmaker?)is unruly running on public streets making all sort of allegations against the CPP, and therefore, I should exude cheerfulness as her immunity suspension is complete.
--PPU
They should learn how to forgive.. and try to eliminate little stuff. That action of that lady seem so silly.
This is the result of playing with fire...
That is what it is called "it's an
unequal contest".
Ah Kwack Xen go to hell with Hok Lundi!!!
--PPU = Pouk ah Pleu Un-educated.
4:53 PM
Do you really think so?
Pi Anh: PPU
I personally despise the whinning party and Puok Ah Jkuot Jruok Scum Rainsy. I can't imagine holding a candle into the wind; it's just not a good idea at all, yet it does not bother Puok Ah Jkuot Jruok Scum Rainsy, and for that reason, I'm still perplexedly confounded by their ignorance.
PPU
To all Khmer people, do you believe in tue bonn ban bonn tue bab ban bab?
Don't tell me that your country has a religion. Of course you are tmil because you don't believe in bonn bab. you keep committing bab all the time. But the truth is: you will reap what you sow. Ms Mu, if you have faith no one can touch you.
she really brave I love her talking so much
6:15 PM
Are you fucking out of your mind? You're exuding your affection, because she (your lover)talks too much? Thus, when does talking too much makes a person more intelligent? For your information: the ability to communicate, does not make one an intelligent person.
Certainly, you must be one of Puok Ah Scum Rainsy's supporters.
Pi Anh: PPU
No anh em here ah kontop.
Yes we can see that the Khmer people bite each other like wild animals, the one has fangs no hesitate to tear out the one has none. Cheeper than dogs.
It's not good.
All of this kind thing will come to past.The next generation will be the most knowledgeable ever and the Country will be stronger.
well written, chanda.
The is only the so-called letter of the law and not as you suggest "spirit"- which I assume you mean that the judge should disregard the law and correct application of the facts in reaching his/her conclusion in favor of the spirit or in other words, some other agenda- that in my view has no place in making the decision. Cambodian courts are often maligned for making the wrong decision or of having come under political influence- here, it appears that they made a proper ruling and should be cheered. She had her day in court and just because she filed a law suit for defamation doesn't mean that she was right in her assertion.
How sad to read the comments in this blogs and see how lowly some of it in theirs expressions. Is it represents the microcosm of our society?
To me, my reflexion is to say that we are not an organised society as members have to follow a minimum rules of conduct to live as a society.
Can we learn to do so?
Do we still need to write rules of behaviour to live as a society? If somehow we have some sort of rules of conduct as member of society, do we have to learn to put into practice?
If we had no rules yet or were all distroyed, should we reinspire by the teachings of Buddha (Dharma), or Christian Bible, or Islam coran to do so?
Either exuberantly or inextricably debating about the fettered power of law and order of the Cambodia jungle state, it precisely proves laughable, simply because a freedom of choice and a fundamental element of humuanity are publicly taken away.
I ain't Khmer PoliSickan, but I undoubtedly believe that every basically honest Khmer in Srok Khmer is frightfully or silently ignored the corruption, because of knowing that courruption has been going on too long for anyone to put an end to it.
In order to successfully fight corruption, we Khmer desperately need, not only one Madame Mu Schua, but millions of her patriotic mentality and attitude.
Ah PPU is cool under fire.He should be the next Prime Minister.
Pi anh
How do you spell Law? I spelled HUNSEN! Until people revolution start stop wasting your time here and Opposition stop dreaming ...the more you drum up! the more you help Hun sen to legitimate his corrupted regime!
only one and only one solution: War
or stop dreaming!
May the martyr #1 take ah HUN SEN out please?
Martyr #17
no god no martyr or any voo doo you got to take him out by yourself through war or forget it!
It is the law that we are talking about! It doesn't matter whether you are a prime minister or God and if you break the law and you deserve to be prosecuted!
Why have the fucken law on the book when the fucken law can't find justice for the victim!
Drag AH HUN SEN to court and have him face the court!
1.13 & 1.15 a.m.
Fuck both of you! Yes, fuck both of you!
Resulting from neurological damages, both of you need a more detailed neurological evaluation and examination to ascertain any neurological abnormality, thus to forestall any hindrance of our important discussion.
Again, fuck you, assholes!
Pi Anh: PPU
PPU, do you want to do me honey? I am your ex-gay lover. I am not willing to share you with anyone else okay baby.
Me so horny and me love you long time.
so headache reading all these comments.
pls can u be a bit gentle?
Young Cambodian
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