AS-211-2007
September 03, 2007
A Statement by the Asian Human Rights Commission
CAMBODIA: Immunity from prosecution for former King Sihanouk is illegitimate, unconstitutional and indefensible
On August 24, 2007, the Cambodian Government, the National Assembly, the Senate, the ruling Cambodian People's Party and its coalition partner FUNCINPEC, in unison decried a request for former King Sihanouk to be stripped of his immunity and face trial in the Khmer Rouge Tribunal. The request had been made to the National Assembly by a little-known US-based Cambodian association called the Cambodian Action Committee for Justice and Equity. In their respective statements, they glorified Sihanouk's service to the Cambodian nation, which gave it its independence, territorial integrity, unity and national reconciliation. They also claimed Sihanouk had suffered when he had been overthrown by a coup in 1970 and when he had been under the Khmer Rouge's rule between 1975 and 1979. Sihanouk "had suffered more than most rulers," Prime Minister Hun said.
The government branded the request as being a "public agitation" that "could have the result of jeopardizing the peace and unity" of Cambodia "and play into the hands of those who would seek to return (the country) to its former state of war and chaos." Hun Sen called the request "very barbaric" and said that the top State institutions could not stand by and watch it set a fire blazing in the heart of the Cambodian people. Also in unison, all the State institutions "absolutely rejected" and "condemned" the request.
Sihanouk was crowned King in 1941 and abdicated in 1955 in favour of his father, King Suramarit, two years after having achieved independence for his country from France. In 1960 he became Head of State, with executive power, although he was not crowned king at that time. In 1970 he was overthrown in a coup staged by his Commander-in-Chief, General Lon Nol. His overthrow engulfed Cambodia in the Vietnam War and led to the Chinese-backed Khmer Rouge's open armed struggle alongside the Vietnamese communist forces. Sihanouk, while in China in the immediate aftermath of being overthrown, became the head of the Khmer Rouge-dominated government in exile. From China, Sihanouk was using his popularity to mobilise the Cambodian people to "go into the maquis (jungle)" to join the Khmer Rouge, who were emerging to fight against the Lon Nol regime with the help of the Vietnamese communist forces. He remained Head of State of the Khmer Rouge regime until 1976, one year after the Khmer Rouge's victory. In 1982 he again became Head of State of the Cambodian resistance movement against the Vietnamese-installed government in Cambodia. At the end of this war, in 1993, he was re-crowned king. Many Cambodian people still believe that Sihanouk was instrumental in the Khmer Rouge's victory, and was therefore also responsible for the suffering of the Cambodian people under the Khmer Rouge's rule.
In early October 2004, King Sihanouk abdicated, this time in favour of his son, King Sihamoni. Upon his abdication, in recognition of his life-long dedicated service to the country and achievements, the Cambodian Parliament conferred upon Sihanouk the title of "Great Valorous King" that granted him the same privileges and immunities as those constitutionally conferred upon the reigning monarch, as provided for in Article 7 of the constitution of the country. This was then enshrined in the Law on the Titles and Privileges of the Former King and Queen of Cambodia that was promulgated on October 29, 2004, by King Sihamoni. In their opposition to the request to strip Sihanouk of his immunity from prosecution, the top State institutions cited Article 7 which states, among other things, that "the person of the king is inviolable." They all held that the request would violate both the 2004 law and this article of the constitution.
The Asian Human Rights Commission holds that the Constitution of Cambodia, in its letter and spirit, confers inviolability including the immunity from prosecution upon the person of the reigning monarch, and not upon anybody else. No act of parliament can confer the same inviolability upon former King Sihanouk. Only a constitutional amendment could do that, although the immunity so conferred would still have no moral legitimacy.
The October 29, 2004 law that is being cited lacks legitimacy and is unconstitutional, and cannot therefore be used to enable former King Sihanouk's immunity from prosecution. There should be no obstacles preventing the Khmer Rouge Tribunal from summoning him to appear, if truth, justice and/or the rights of any concerned person should so require. Should Sihanouk himself or any or all of above-mentioned top State institutions obstruct its order based on this alleged immunity, the tribunal should challenge the constitutionality of this immunity at the Constitutional Council of Cambodia. After all, trials in Cambodia are no longer conducted in the name of the King, but "in the name of the Cambodian people" as stipulated in Article 129 of the Constitution. With the democratization of justice, even the reigning monarch's immunity is itself an anachronism, and that of former kings is simply indefensible.
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. They should lend support to the Khmer Rouge Tribunal, and should truth, justice and/or the rights of any concerned person require it, Sihanouk should be summoned to appear before it as a defendant or as a witness. As Cambodia is supposed to be a democratic country that is governed by the rule of law according to its constitution, equality before the law should be steadfastly upheld, and no one, including former King Sihanouk, should be above the law.
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
The government branded the request as being a "public agitation" that "could have the result of jeopardizing the peace and unity" of Cambodia "and play into the hands of those who would seek to return (the country) to its former state of war and chaos." Hun Sen called the request "very barbaric" and said that the top State institutions could not stand by and watch it set a fire blazing in the heart of the Cambodian people. Also in unison, all the State institutions "absolutely rejected" and "condemned" the request.
Sihanouk was crowned King in 1941 and abdicated in 1955 in favour of his father, King Suramarit, two years after having achieved independence for his country from France. In 1960 he became Head of State, with executive power, although he was not crowned king at that time. In 1970 he was overthrown in a coup staged by his Commander-in-Chief, General Lon Nol. His overthrow engulfed Cambodia in the Vietnam War and led to the Chinese-backed Khmer Rouge's open armed struggle alongside the Vietnamese communist forces. Sihanouk, while in China in the immediate aftermath of being overthrown, became the head of the Khmer Rouge-dominated government in exile. From China, Sihanouk was using his popularity to mobilise the Cambodian people to "go into the maquis (jungle)" to join the Khmer Rouge, who were emerging to fight against the Lon Nol regime with the help of the Vietnamese communist forces. He remained Head of State of the Khmer Rouge regime until 1976, one year after the Khmer Rouge's victory. In 1982 he again became Head of State of the Cambodian resistance movement against the Vietnamese-installed government in Cambodia. At the end of this war, in 1993, he was re-crowned king. Many Cambodian people still believe that Sihanouk was instrumental in the Khmer Rouge's victory, and was therefore also responsible for the suffering of the Cambodian people under the Khmer Rouge's rule.
In early October 2004, King Sihanouk abdicated, this time in favour of his son, King Sihamoni. Upon his abdication, in recognition of his life-long dedicated service to the country and achievements, the Cambodian Parliament conferred upon Sihanouk the title of "Great Valorous King" that granted him the same privileges and immunities as those constitutionally conferred upon the reigning monarch, as provided for in Article 7 of the constitution of the country. This was then enshrined in the Law on the Titles and Privileges of the Former King and Queen of Cambodia that was promulgated on October 29, 2004, by King Sihamoni. In their opposition to the request to strip Sihanouk of his immunity from prosecution, the top State institutions cited Article 7 which states, among other things, that "the person of the king is inviolable." They all held that the request would violate both the 2004 law and this article of the constitution.
The Asian Human Rights Commission holds that the Constitution of Cambodia, in its letter and spirit, confers inviolability including the immunity from prosecution upon the person of the reigning monarch, and not upon anybody else. No act of parliament can confer the same inviolability upon former King Sihanouk. Only a constitutional amendment could do that, although the immunity so conferred would still have no moral legitimacy.
The October 29, 2004 law that is being cited lacks legitimacy and is unconstitutional, and cannot therefore be used to enable former King Sihanouk's immunity from prosecution. There should be no obstacles preventing the Khmer Rouge Tribunal from summoning him to appear, if truth, justice and/or the rights of any concerned person should so require. Should Sihanouk himself or any or all of above-mentioned top State institutions obstruct its order based on this alleged immunity, the tribunal should challenge the constitutionality of this immunity at the Constitutional Council of Cambodia. After all, trials in Cambodia are no longer conducted in the name of the King, but "in the name of the Cambodian people" as stipulated in Article 129 of the Constitution. With the democratization of justice, even the reigning monarch's immunity is itself an anachronism, and that of former kings is simply indefensible.
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. They should lend support to the Khmer Rouge Tribunal, and should truth, justice and/or the rights of any concerned person require it, Sihanouk should be summoned to appear before it as a defendant or as a witness. As Cambodia is supposed to be a democratic country that is governed by the rule of law according to its constitution, equality before the law should be steadfastly upheld, and no one, including former King Sihanouk, should be above the law.
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
36 comments:
What happen next ? if ..... "the government could "terminate" the Extraordinary Chambers in the Court of Cambodia (ECCC) if its international judges charge retired King Norodom Sihanouk for any Democratic Kampuchea (DK) era entanglements" ..... became reality and no more KRtrial ?
Dead Soul Question
To 440pm
Rally voters to vote out this government in 2008,then it will be a win-win vote.
One stone kills two dogs at the same time.
5:10 PM
Are you sure that "One stone kills two dogs at the same time" ?
What prove can you provide ?
whoever defends Sihanouk not bring him to justice, consider the enemy of Cambodian people. Hun Sen is one of the killers of Khmer Rouge and he will be next in line to stand trial.
Justice and National Reconciliation cannot come up at the same time. Which one Cambodian people should choose?
AH SIHANOUK IS AH BIG KILLER OF ABOUT 1.7 MILLION OF CAMBODIA PEOPLE DURING 1975-1979.
AH SIHANOUK IS THE COMPLICE WITH VIETCONG/YOUN KHANG JEUNG TO KILL CAMBODIANS FROM 1955-1970 ESPECIALLY IN 1970
HANG AH SIHANOUK AT A KR TRIBUNAL RIGHT NOW
http://amekhmer.free.fr/khcrucial-event/1sihanouk-crime.htm
Kasekor Khmer
(Khmer farmers)
Cambodian people have to think that If he has committed good, he should volunteer to convict.
To be frank, I also want him to be convicted.
The lives of about 1.7 millions of Cambodia people are more important than the life of ah Sihanouk
Hang ah Sihanouk at the KR Tribunal !!!
AHRC of Dr. Lay Moung Hay has a good ground based on the the Constitutional of Cambodia. When an educated people start to talk it makes sense than the uneducated person like Sourn Serey Ratha. Sourn Ratha demanded showed him as a self promoter and makes Hun Sen uses it as a pretext to launch his dirty campaign "see I have to protect the nation from this troubles or terrorists".
BUT, King Sihanouk will be found not guilty. You will see.
Hun Sen will always WIN, if not the Civil WAR will comes as he promised. The people in Cambodia many registered voters are million new Cambodians from Vietnam.
to 756pm,
Can't prove it yet unless we got ducks in the row.
10:46 how many more new Cambodian from Vietnam? Why do you know? Do you work for Hun Sen government? Are you the one who provide ID for them ? If you do so please do not show you face to Cambodia otherwise the next generation will give you some hard time. Now do you know what do Khmer people need? I am in Cambodia, I know; do not bark as your master now we wait and you will see what going on in Cambodia?
Must be the "hanging upside down" clown from the kingdom of the savages. We know what you know what Khmer people need; what ever you and your thugs tell them they need through your intimidation.
11:19 PM. Ask Hok Lundi who gave each visa to each Vietnamese for 10 USD. I know what Cambodia needs. PEACE and Stability so JOBS JOBS..
11:52 PM. Don't waste time with these dog barking online. If you write you have to write to make tehm happy, but if you write to make them them mad you are no good.
Don't write from your mind but write something that they like. These morons don't want to hear others say the true so you have to lie make them smile.
8:52 AM said whoever defends Sihanouk..consider the enemy of Cambodian people.
There are millions love him and defend him. The one will be hanged will be you if you walk into that crowd.
Those millions who love him would only stand to benefit from having him nobly and courageously sharing the truth with the court, and the process would once and for all vindicate him. Even with the exception of immunity, he has moral obligation as "King Father" to set example to his children.
The families and relatives of those innocent Killing Field victims deserve to hear the truth and receive some sense of justice, so that we all will have a proper closure of this tragedy.
Morally right and political justly said, anon. @12:32. Thank for sharing.
2L
The souls of about 1.7 millions of dead Cambodia people during 1975-1979 are more valuable than the life of ah Sihanouk
Hang ah Sihanouk at the KR Tribunal !!!
Test.
Test II.
What happen next ? if ..... "the government could "terminate" the Extraordinary Chambers in the Court of Cambodia (ECCC) if its international judges charge retired King Norodom Sihanouk for any Democratic Kampuchea (DK) era entanglements" ..... became reality and no more KRtrial ?
Dead Soul Question
From legal point of view, the present constitution is still a draft approved by national assembly by not by a Referendum which allow this Constitution to be a set of highest laws of the Nation. Therefore all immunity given by this draft law and all supplementary laws of the constitution are also still as a draft. This constitution can be regarded as a final Constitution because it hasn't approved by a referendum. This loop hole of the law can surprise to all laws makers in Cambodia and I believe international lawyers can argue this loop hole as way out to take King Sihanouk to the Trial ( the value of the constitution without Referendum ).
An open letter to Samdech Sihanouk with love...
Go to court now old man. You had declared all along that you will volonteer for the trial, why chicken out now?.Are you afraid?. Your buddies,khiev samphan with whom you kissed so passionately, eang sary ,nuon chea all will stand trial why not you? .You were their organization(angka)spokeperson for 5 years of luring all your followers to die , don't try to ignore it, it will never work.The poors soul of 1.7 millions deaths need you at the court to clarify as to why you had deceived or misled them from 1970-1975?.
Now, Cambodian hot debate situation would be:
1. KR trial focuses mainly on national reconciliation and the eliminating of culture of impunity?
2. KR trial intents to find justice for million of Cambodian victims suffered by Pol Pot leadership?
3. KR trial will deliver both national reconciliation and justice for Cambodians?
These three questionable premises are essential for this historic trial. Possibly, Cambodian people might need both (no. 3).
Especially, the consequences from number 3, this trial absolutely create the state of law in Cambodia.
When we need Cambodia to become a state of laws, no body can be above the law. Somdech Ta should not be protected by those powerful men because doing so they are stepping on or violating the laws.
However, Somdech Ta should come to be a witness if court needs his support to explain the KR event and Somdech Ta can cleanse himself from the past dim events. Doing so, Somdach Ta can pass away peacefully. The history page of Cambodia will honor Somdach Ta heartedly.
I believe that Somdach Ta has no fault during the KR regime because everyone knows that he was just a political tool of Pol Pot.
ECCC should not be terminated or intimidated or violated by Hun Sen government. What they have said it reflects only their ignorant and dictatorship culture.
Now, Somdach Ta should not be feared or frustrated or acted like a tool to Hun Sen government. Somdach Ta has to be courageous or strengthened himself and it is a last chance for Somdach Ta to become an hero of Cambodia through this pursuant of STATE of LAWS establishment in Cambodia.
KY
Hello Ky !!
I love you so much for a change of your heart. Now you have understood very well about social justice and unity. Good laws can unite people together very strongly. Lawless can divide our country. I am poster 3:57AM. I believe that there is no law in Cambodia can defend the former King. The present constitution is still a draft yet. This constitution cannot be used as a final Constitution yet because since 1993 after having approval from Cambodia First Parliament, this constitution hasn't been approved by a referendum which is a final part of the process of the law to be credible, reliable and formal. This lack of loop hole, all immunities in the constitution are still in a draft. Therefore, Hun Sen can from time to time can violate this constitution because he knew that this Constitution is not fully legal yet?
What a disgust, ignorance,idiot,dumb and uneducated all CAMBODIAN PRESENT' s government are
they came from khmer rouge ,they are still red(communist) and THEY AFRAID OF JUSTICE it so funny we Cambodian abroad call for all the tourist around the world do not invest and visit this country the Cambodia has no good system of LAWS to protect your investment and your lives. Go some where else that your asset has garenteed.
1. In what ways you should bring King Norodom Sihanouk to justice?
2. In what ways do you should prosecute King Norodom Sihanouk and his criminal associates to the extent of the law ?
3. How much does the Cambodia communities should be satisfied with the verdict ?
4. How much money do you should spend on this trail, and where these monies come from, sources ?
5. How long do you should allow the trail have ?
6. If China, United States, Vietnam, Soviet Union, and Thailand were involved. How do you prosecute them ?
ECCC Legal Team
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 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)
Lao Mong Hay/Statement is again absolutely nonsensical. No serious research on the Siahnouk's both law and fact before the declaring his immunity is illegitimate, uncont and indefensible. The immunity is legitimate, constitutional and easily defensivable.
It seems like most people have reacted as if it was already decided that the King was guilty.
In the spirit of justice, unity, and best interests of the nation, the following should be the focus of this debate:
1. ECCC is established to investigate and prosecute those who are directly responsible for the genocide.
2. Because the King was both an official and a victim of the Khmer Rouge, he should be invited/summoned by ECCC to testify as a witness and victim. His testimony in court should exonerate him from all the doudts and accusation. He owes this to the people of Cambodia - the example of "no one should be above the law."
3. ECCC was not established to judge anyone's political ideology or affiliation. It is beyond the scope of the court to decided how the Khmer Rouge were rising to the power. However, the court is entrusted to fairly find and prosecute those who were responsible for the killing of innocent people after the war ended, while the Khmer Rouge were in charge and responsible for running Cambodia.
With the three principles above, we, the court of public opinion, should also behave based on the same principles when we discuss this subject. This discussion should not be used as a platform to degrade or intimidate anyone.
Hello Mr Lawyer 6:25Am !
What school have you attended for your legal studies?. Dr Lao Mong Hay was a lecturer in one of respected Unniversity in Canada?
Cambodian constitution in until today just a draft of law only. This constitution needs to go through Referendum for a final step to make it a Real Constitution. Without a referendum to approve this constitution, this constitution cannot be credible, reliable and formal. As it is still a draft, it is too late to reamend any law to protect the former King as the tribunal is already in existance. Your guys need to go to school again before blaming others for nonsense. This is being called a loop hole of the laws which is not in final stage yet without referendum. At present, the present Monarchy is also illegal ( No referendum ).
I have similar questions the same as ECCC Legal Team. Those question are legitimate questions and I think we should respect.
Cambodian communities are divided: First group already found him guilty and Second group love and forgave him and this Second group move on for the sake of the nation, and they are willing to fight even for the principal defender.
Cambodia's issue is not the same as other nations; it related to the super power nations and King Sihanouk's strategies were to protect his country from taken by Communist.
No doubt about it that the defendents should stand trial of this genocide are those superpowerful people not a small man Duch.
This KRT is an unquestionable show trial, but at least it may satisfiy the Cambodian people whose families were killed or died by starvation.
But because the country is still under political violence and instability, it is the best thing that the government must protect the nation from going to a civil war and another genocide.
Cambodia needs peace and this peace must be protected.
My own opions: I would like to see King Norodom Sihanouk to tell the public his side of story for the sake of his nation. I think the meeting with the King should be kept; otherwise this show trial will be lasting for a century.
Twice failed the Bar
The first Atomic Bomb had been dropped on King Sihanouk royal palace and the radiation will spread to all four corners of the Earth!
The mutation of Cambodian geopolitics will change during general election of 2008!
Unconditional surrender of King Sihanouk is required otherwise the second ATOMIC BOMBS will be dropped on the King Sihanouk royal palace again!
Cambodian geopolitics will never be the same again! Ahahahahah
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
Rule of law means that no individual, president or private citizen, stands above law. Democratic governments exercise authority by way of law and are themselves subject to law's constraints.
Laws should express the will of the people, not the whims of kings, dictators, military officials, religious leaders, or self-appointed political parties.
Citizens in democracies are willing to obey the laws of their society, then, because they are submitting to their own rules and regulations. Justice is best achieved when the laws are established by the very people who must obey them.
Under the rule of law, a system of strong, independent courts should have the power and authority, resources, and the prestige to hold government officials, even top leaders, accountable to the nation's laws and regulations.
For this reason, judges should be well trained, professional, independent, and impartial. To serve their necessary role in the legal and political system, judges must be committed to the principles of democracy.
The laws of a democracy may have many sources: written constitutions; statutes and regulations; religious and ethical teachings; and cultural traditions and practices. Regardless of origin the law should enshrine certain provisions to protect the rights and freedoms of citizens:
° Under the requirement of equal protection under the law, the law may not be uniquely applicable to any single individual or group.
° Citizens must be secure from arbitrary arrest and unreasonable search of their homes or the seizure of their personal property.
° Citizens charged with crimes are entitled to a speedy and public trial, along with the opportunity to confront and question their accusers. If convicted, they may not be subjected to cruel or unusual punishment.
° Citizens cannot be forced to testify against themselves. This principle protects citizens from coercion, abuse, or torture and greatly reduces the temptation of police to employ such measures.
Miss K
Dear Monyrath,
Your remarks are noted below are very important: "..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."
I found your rebuttal is quite persuasive, and I do fully agree with you and agree with the vast majority of the people in Cambodia.
Cambodian people have been through so much sufferings and as I said before in my previous comments that they need peace, and this peace must be protected from going back to civil war or another genocide.
Cambodian people deserve much better and these few people who have attempted to tear down peace and instability is not acceptable.
King Norodom Sihanouk can choose to tell the wolrd his side of story but he is not subjected to stand trial for the reasons that the genocide in Cambodia related to super powerful nations and her neighboring countries.
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