Washington, DC Tuesday, 22 March 2011
“It’s because the prime minister has the power.”
While some ruling government officials maintain that opposition leader Sam Rainsy can only receive a royal pardon with a request from the prime minister, legal observers say that practice is only a matter of courtesy.
Opposition lawmakers and other legal professionals say a royal pardon is up to the king himself, Norodom Sihamoni.
The king was sent a letter this week by opposition party lawmakers seeking a reprieve for their leader, Sam Rainy, who was removed from parliament this month.
The letter, signed by 24 Sam Rainsy Party lawmakers, comes as the party faces the prospect of the 2012 and 2013 elections without its leader, who is in exile and facing criminal convictions in Cambodia. Some political analysts have warned that elections will have less legitimacy in the eyes of the international community if they are held without the leader of the opposition.
Ou Virak, director of the Cambodian Center for Human Rights, told VOA Khmer that a royal pardon, by law, need not be requested by the prime minister. Such a request has only become a practice, he said.
“It’s because the prime minister has the power,” he said. “That’s why generally there is a request from the premier—and because [Sam Rainsy’s] case is political, whether or not there is amnesty might depend on the approval of the premier of Cambodia.”
The request from the Sam Rainsy Party to the king was not outside the law, he said, but it could put some political pressure on Norodom Sihamoni, who has remained relatively outside the political arena since taking the thrown in 2004.
“I would say that the king would have some consequences, because in Cambodia the political situation, the issue of politics, needs approval from the prime minister,” he said. “So it may be that the king has to wait for a sign from the prime minister.”
In recent weeks, ruling party officials have said a request from the prime minister can provide amnesty for criminals who have served at least two-thirds of their sentence, a reference to a law distinct from the constitutional provision for general royal amnesty.
Kao Supha, a Cambodian lawyer, said the king does have a right to pardon criminals, although he “always” waits for a request from the prime minister as a matter of course.
“If [a request for pardon] is directly submitted to the king, the king will send a letter to the prime minister, to allow the prime minister to submit a request back to His Majesty,” he said.
Last week, the Supreme Court upheld decisions by lower courts that found Sam Rainsy guilty of racial incitement and destruction of property, for destroying markers near the Vietnamese border. With no further legal recourse, the National Assembly removed him from his seat as a representative of Kampong Cham province. That means the only way he can regain his parliamentary seat is to be pardoned.
The constitution, in Article 27, stipulates: “The king shall have the right to grant partial or complete amnesty.”
Son Chhay, a National Assembly lawmaker for the Sam Rainsy Party, said this means the king has individual authority, even if in practice a request typically comes from Prime Minister Hun Sen.
“As a habit, so far, His Majesty gives special favor to the prime minister, in order to offer the premier the honor of making a request for amnesty,” he said.
16 comments:
សូមខ្មែរទាំងអស់កុំស្ដាប់ការវែកញែកវិភាគឃោសនា នយោបាយ បោកប្រាស់របស់ អា ជា សារុន
ដ៏សំអុយនេះឱ្យសោះ…!
នាំគ្នាមកបះបោរប្រឆាំង អា ហ៊ុន សែន.
កម្ពុជា ទុយនីស៊ី, អេហ្ស៊ីប, លីប៊ី អាឆ្កួត ហ៊ុន សែន
គ្រឿងសាស្ដ្រាវុធទំនើបៗច្រើនណាស់ដែលសមេ្តចទិញស្ដុក
ទុក ! សមេ្តចអគ្គមហាសេនាបតីតេជោ ហ៊ុន សែន វរ្ម័នទី១ ជាទេវតានៃកម្ពុជាវៀតណាម គ្រាន់តែលើកដៃ ទាហាន ប៉េអឹម ប៉ូលីស បាញ់រះកំទេចក្បាល និងវាយបង្រ្កាប បាក់ឆ្អឹងឆ្អែង ងាប់និងរបួស
គរជើងលើគ្នាបាត់ទៅហើយ..គ្រាន់តែគ្រាប់បែកនិងបេនៅវៀតណាមគរដូចភ្នំអញ្ចឹង...
កុំភ្លើ វ៉ៃ!
សមេ្តចក្រឡេកឆេះ ចង្អុលឆេះវ៉ៃ! កណ្ដួយម៉ែ អាស្រុកខ្មែរ
ប៉ុណ្ណឹងចង់ឲ្យរលាយថ្ងៃណាមួយក៏បានដែរ...
យកគំរូ តាមប្រទេសទុយនេហ្ស៊ី អេហ្ស៊ីប លីប៊ី
សម្តេចពិតជាមានប្រសាសន៍ថា ៖
"បើមិនបិទទ្វារ វ៉ៃអា ឆ្កែហ៊ុន សែនខ្ញុំថ្វាយបង្គំជូន"
បរាជ័យ! អា ឆ្កែវៀតណាមហ៊ុនសែន
បរាជ័យ! ពួកអាវៀតណាម!
បរាជ័យ! ពួកអាខ្មែរឆ្កែបំរើវៀតណាម !
បរាជ័យ! ពួកអាខ្មែរកញ្ជះបរទេស វៀតណាម
ពីអាញ
ជា សារុន
ប្រធានសាខា បក្សប្រជាជនកុម្មុយនិស្វៀតណាម
ឡូវែល ម៉ាស្ស ស.រ.អ.
Recent sacking of convicted criminal Sam Rainsy from national Parliament has raised many eyebrows among SRP supporters who until now advocated insulting and appeal for uprising against Cambodian government to resolve the so called national political and social issues. The sacking which is according to Cambodian laws, but opposition seen as unjust and political motivated, and who care about Arab countries are bracing for widespread people rebellions.
Not so long ago PM Hun Sen publicly stated that he wants opposition not just weakened but dead. It is really clear he intends to achieve his wish, and he even has the means to carry it out. However, one thing we are all clear about is no matter what the opposition crying out for help, the government will never care about it. The Prime Minister is making a right decision which regards Sam Rainsy is no longer has any value in Cambodian politics.
What PM Hun Sen should worry is not about the absence of Sam Rainsy from politics, but is about rebuild the country. Most political analysts or observers would agree that Sam Rainsy's leadership and approach over the years have been very personal, too personal indeed. Many his extremely supporters would prefer to see him adopt a more aggressive stand toward the government, which includes the establishment of a government in exile or underground movement for armed confrontation.
Barring Sam Rainsy from politics is not difficult to predict and good for the country. There is no doubt that Sam Rainsy already faded away from his current role, a new generation of young leaders will definitely emerge to replace him. Any young leader at the helm of the opposition is likely more keen to take more liberal approach and pursue a more dialogue path.
PM Hun Sen is well aware that his government has managed to maintain the current level of stability in the country mainly because his party got more than 2/3 of votes in the last general election and up to now his government makes enormous progress in society, but opposition has never seen it. All they want to see is the social unrest and chaos.
Despite opposition invented that lack of transparency on the Eastern border demarcation, the ongoing land grabbing and forced eviction, and the mistreatment of the opposition leader...etc won't hurt anything to the government but at the same time, it will put themselves enormous pressure to existing in the next election and beyond.
The current social uprising in the Arab countries definitely creates a good excuse for the opposition to lie the people in the coming weeks and months, but the government will have a lot of key options to evaluate and crash down of any protester. As for the opposition, it would be wise and prudent to revisit their decision, and don't ever dream about the reinstatement of Sam Rainsy's parliamentary status, let alone come back to Cambodia. In the present situation, the Royal Palace is the best venue for neutral and out of politics. The opposition should not use the Royal Palace to clean up its political mess.
Khmer in Sydney CBD
Recent sacking of convicted criminal Sam Rainsy from national Parliament has raised many eyebrows among SRP supporters who until now advocated insulting and appeal for uprising against Cambodian government to resolve the so called national political and social issues. The sacking which is according to Cambodian laws, but opposition seen as unjust and political motivated, and who care about Arab countries are bracing for widespread people rebellions.
Not so long ago PM Hun Sen publicly stated that he wants opposition not just weakened but dead. It is really clear he intends to achieve his wish, and he even has the means to carry it out. However, one thing we are all clear about is no matter what the opposition crying out for help, the government will never care about it. The Prime Minister is making a right decision which regards Sam Rainsy is no longer has any value in Cambodian politics.
What PM Hun Sen should worry is not about the absence of Sam Rainsy from politics, but is about rebuild the country. Most political analysts or observers would agree that Sam Rainsy's leadership and approach over the years have been very personal, too personal indeed. Many his extremely supporters would prefer to see him adopt a more aggressive stand toward the government, which includes the establishment of a government in exile or underground movement for armed confrontation.
Barring Sam Rainsy from politics is not difficult to predict and good for the country. There is no doubt that Sam Rainsy already faded away from his current role, a new generation of young leaders will definitely emerge to replace him. Any young leader at the helm of the opposition is likely more keen to take more liberal approach and pursue a more dialogue path.
PM Hun Sen is well aware that his government has managed to maintain the current level of stability in the country mainly because his party got more than 2/3 of votes in the last general election and up to now his government makes enormous progress in society, but opposition has never seen it. All they want to see is the social unrest and chaos.
Despite opposition invented that lack of transparency on the Eastern border demarcation, the ongoing land grabbing and forced eviction, and the mistreatment of the opposition leader...etc won't hurt anything to the government but at the same time, it will put themselves enormous pressure to existing in the next election and beyond.
The current social uprising in the Arab countries definitely creates a good excuse for the opposition to lie the people in the coming weeks and months, but the government will have a lot of key options to evaluate and crash down of any protester. As for the opposition, it would be wise and prudent to revisit their decision, and don't ever dream about the reinstatement of Sam Rainsy's parliamentary status, let alone come back to Cambodia. In the present situation, the Royal Palace is the best venue for neutral and out of politics. The opposition should not use the Royal Palace to clean up its political mess.
Khmer in Sydney CBD
Recent sacking of convicted criminal Sam Rainsy from national Parliament has raised many eyebrows among SRP supporters who until now advocated insulting and appeal for uprising against Cambodian government to resolve the so called national political and social issues. The sacking which is according to Cambodian laws, but opposition seen as unjust and political motivated, and who care about Arab countries are bracing for widespread people rebellions.
Not so long ago PM Hun Sen publicly stated that he wants opposition not just weakened but dead. It is really clear he intends to achieve his wish, and he even has the means to carry it out. However, one thing we are all clear about is no matter what the opposition crying out for help, the government will never care about it. The Prime Minister is making a right decision which regards Sam Rainsy is no longer has any value in Cambodian politics.
What PM Hun Sen should worry is not about the absence of Sam Rainsy from politics, but is about rebuild the country. Most political analysts or observers would agree that Sam Rainsy's leadership and approach over the years have been very personal, too personal indeed. Many his extremely supporters would prefer to see him adopt a more aggressive stand toward the government, which includes the establishment of a government in exile or underground movement for armed confrontation.
Barring Sam Rainsy from politics is not difficult to predict and good for the country. There is no doubt that Sam Rainsy already faded away from his current role, a new generation of young leaders will definitely emerge to replace him. Any young leader at the helm of the opposition is likely more keen to take more liberal approach and pursue a more dialogue path.
PM Hun Sen is well aware that his government has managed to maintain the current level of stability in the country mainly because his party got more than 2/3 of votes in the last general election and up to now his government makes enormous progress in society, but opposition has never seen it. All they want to see is the social unrest and chaos.
Despite opposition invented that lack of transparency on the Eastern border demarcation, the ongoing land grabbing and forced eviction, and the mistreatment of the opposition leader...etc won't hurt anything to the government but at the same time, it will put themselves enormous pressure to existing in the next election and beyond.
The current social uprising in the Arab countries definitely creates a good excuse for the opposition to lie the people in the coming weeks and months, but the government will have a lot of key options to evaluate and crash down of any protester. As for the opposition, it would be wise and prudent to revisit their decision, and don't ever dream about the reinstatement of Sam Rainsy's parliamentary status, let alone come back to Cambodia. In the present situation, the Royal Palace is the best venue for neutral and out of politics. The opposition should not use the Royal Palace to clean up its political mess.
Khmer in Sydney CBD
SRP is a gay party holding dildo
ម៉ៅ មុនី វណ្ណ និយាយថានៅក្នុងតំបន់ខ្លះ ក្រុមសមរង្ស៊ី
កំពុងតែហែកកេរ្កិ៍ក្រុមកឹម សុខា ។
រឿងទាំងនេះ គឺមកពីការចែកបុណ្យស័ក្តិគ្នាមិនស្មើ ។
ដូច្នេះ ការដែលគណបក្សសមរង្ស៊ីចេះមានបញ្ហាផ្ទៃក្នុង
នឹងរត់ចោលបក្ស កើតឡើងជាបន្តបន្ទាប់យ៉ាងនេះ
គឺជាមុខសញ្ញាមួយដែលបញ្ជាក់ថាថ្ងៃអវសានរបស់
គណបក្សនេះ ឈានជើងនឹងជិតមកដល់ក្នុងពេល
ឆាប់ៗនេះហើយ ។
សូមខ្មែរទាំងអស់កុំស្ដាប់ការវែកញែកវិភាគឃោសនា នយោបាយ បោកប្រាស់របស់ អា ជា សារុន
ដ៏សំអុយនេះឱ្យសោះ…!
នាំគ្នាមកបះបោរប្រឆាំង អា ហ៊ុន សែន.
កម្ពុជា ទុយនីស៊ី, អេហ្ស៊ីប, លីប៊ី អាឆ្កួត ហ៊ុន សែន
គ្រឿងសាស្ដ្រាវុធទំនើបៗច្រើនណាស់ដែលសមេ្តចទិញស្ដុក
ទុក ! សមេ្តចអគ្គមហាសេនាបតីតេជោ ហ៊ុន សែន វរ្ម័នទី១ ជាទេវតានៃកម្ពុជាវៀតណាម គ្រាន់តែលើកដៃ ទាហាន ប៉េអឹម ប៉ូលីស បាញ់រះកំទេចក្បាល និងវាយបង្រ្កាប បាក់ឆ្អឹងឆ្អែង ងាប់និងរបួស
គរជើងលើគ្នាបាត់ទៅហើយ..គ្រាន់តែគ្រាប់បែកនិងបេនៅវៀតណាមគរដូចភ្នំអញ្ចឹង...
កុំភ្លើ វ៉ៃ!
សមេ្តចក្រឡេកឆេះ ចង្អុលឆេះវ៉ៃ! កណ្ដួយម៉ែ អាស្រុកខ្មែរ
ប៉ុណ្ណឹងចង់ឲ្យរលាយថ្ងៃណាមួយក៏បានដែរ...
យកគំរូ តាមប្រទេសទុយនេហ្ស៊ី អេហ្ស៊ីប លីប៊ី
សម្តេចពិតជាមានប្រសាសន៍ថា ៖
"បើមិនបិទទ្វារ វ៉ៃអា ឆ្កែហ៊ុន សែនខ្ញុំថ្វាយបង្គំជូន"
បរាជ័យ! អា ឆ្កែវៀតណាមហ៊ុនសែន
បរាជ័យ! ពួកអាវៀតណាម!
បរាជ័យ! ពួកអាខ្មែរឆ្កែបំរើវៀតណាម !
បរាជ័យ! ពួកអាខ្មែរកញ្ជះបរទេស វៀតណាម
ពីអាញ
ជា សារុន
ប្រធានសាខា បក្សប្រជាជនកុម្មុយនិស្វៀតណាម
ឡូវែល ម៉ាស្ស ស.រ.អ
Khmer In Hanoi, Ho Chi minh, 9:34 AM,you copied most of your posting from a 3rd party.
Don't you have your own brain?
តាំងពីសម រង្ស៊ី លោតចូលក្នុងភ្នក់ភ្លើង នយោបាយមក
យើងសង្កេតឃើញថាសម រង្ស៊ី បាននាំយកសកម្មជន
នយោបាយរបស់ខ្លួន និងពលរដ្ឋសាមញ្ញអោយទៅស្លាប់,
ជាប់គុក និងក្រុមឃាតករ ហ៊ុន សែនតាមប្រមាញ់ធ្វើឃាត ,
វាយបង្រ្កាប ងាប់ និង ខ្លាចបាក់ស្បាតរាប់មិនអស់ ...
តើអ្នកទាំងអស់គ្នាមើលឃើញសម រង្ស៊ី បាននិងកំពុង
ធ្វើស្អីដែរ ឬ ទេ???
We can never talk to the neighbouring countries if it is relating to a national homeland. Why, because there will always be bias. One who can manipulated and take advantage of the weak one. So, always rely on the world map and use it as an evidence to prove it otherwise. Why do Thai or Viets sometimes never want to involve in international mediation because they can tell that they are in the wrong spot. In other words, they will put into shame by the court court of law which is the international law.
You see, we have to be smarter by now that is to work together as a team and focus on common goals and common interests for the benefit of our country and nation. How? well Hun Sen and all political leaders must welcome Sam Rainsy back into the Parliament and show the world that we all are moving into the same direction that is peace and harmony to all human being.
If Hun Sen want to stay in power for another decates than he should know which way is best. The best way is to do the right thing for the righteous will live forever! they include morality, fair and just for all.
Hun Sen needs to imagine what would you do if you are in those poor people or Sam-Rainsy or powerlessness way of life, what would you do?. So, now that you are in top role, you have to identify individual's needs and concerns as to how are we going to improve our way of life? that is to seek for a win/win situation not a win/lose ever!!!.
If Hun Sen doesn't see all this, you can not stay in power for that long because people who don't have want to have and the people who have want to stay the same and we called this the "conservative". Wrong!!! for the people who have, they need to try and help those who don't have, that giving their rights. In other words, everyone is protected its own society.
For more information; please listen Madam Mu ideas and concerns for she has an ability and skill on how to improve our way of life. The word 'social worker' is like a mother cares for her children. Social worker's frameworks are based on social right and social justice including empowering people to stand up for their right, that is accept zero tolerant on violences...
Aust
Khmer In Hanoi, Ho Chi minh, 9:30AM, 10:43 AM, you copied and modified most of your posting from a 3rd party.
Don't you have your own brain be a real slaved?
You have No other choice, but knee down and beg for Pardon! and be Shame as political lose leader.
Khmer in Sydney CBD,
Here you go again! I see the same message this idiot copied and pasted into the comment box every where. This idiot has no brain!
He is Youn/Vietcong pretending to be Khmer/Cambodian and cheated to be Khmer/Cambodian refugee for Australian settlement. He is not really enjoying the democracy in Australia. This idiot and group of Sydney CBD are communist living in Australia which is a democratic country. What are you guys (Communist Youn/Vietcong) doing here to spread the lie about Mr. Sam Rainsy. I am going to send the letter to Australian Federal government and CIA and even Australian people to warn the group of Communist Youn/Vietcong idiots living in Australia and report to Australian Parliament/Federal Government to arrest this group of Sydney CB, trying to destroy the democracy in Cambodia. Why are they (Communist Youn/Vietcong folks) residing in Australia? It must be very illegal for them to establish the Vietcong/Youn party (they are pretending to be Khmer/Cambodian citizens) to create the dirty secret plan to destroy Cambodian people and country. They are the most hypocrite and dangerous Communist groups that tried to attach the democratic people who want their freedom and to be free from Hun Sen and his CPP Youn under Viet/Youn Communist Hanoi.
Again, please, Australian Parliament, Federal Government and people kick this communist Vietcong/Youn groups out of Australia and don't let them stay inside Australia because they might liberate Australian country and take over a piece of Australian land just like they (Viet/Youn Communist) have taken so much land from Khmer/Cambodia for many years and even many centuries.
Please people around the world, watch out the hypocrite Youn/Vietnamese folks living in other countries because they are very dangerous and have very dirty and secret in their minds to take more land of other countries and they expanded their population very fast and unusually on the planet. As you know, there will be not enough food for them to eat and place to stay. That is why they will take your land just they have already taken land from Khmer/Cambodia.
As you know, Australian population is smaller than Vietcong/Youn population. They are trying to increase population to be bigger than Indonesia.
Khmer in Sydney CBD
You should be concentrating on the submission of application for grant from the Oz government instead so your employment can continue for the years ahead.
From the first word to the last in your article there is nothing to indicate you care for Cambodia's survival, ie exists as a nation in the future, to sum up you are a VN (which I can understand) or a fucked up sold out Khmer who doesn't give a shit to Cambodia.
Hey guys,
Please don't report my comments on KI to Australian Federal Police and CIA. Oh, Sorry Australia has no CIA as your low education thinking, but Australia has ASIO (Australian Secret Intelligent Organization) which has authority like CIA. I beg you guys don't do that, otherwise, Australian government will kick me out of Australia (sic).
Khmer in Sydney CBD
AH 10:08AM
YOU IS ONE OF THEM KTEUY PEOPLE WHO LOVE AH YOUN TO STICK A DILDO UP YOUR ASS AH KADOUY KDOR KALET
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