By Vicheka Lay
As a contribution to make the processing Extraordinary Chamber in the Court of Cambodia (ECCC) a just and fair one, the Cambodian Action Committee for Justice and Equity (CACJE); a U.S.-based NGO, whose mission is led by Mr. SUON SEREYROATHA, sent a letter to Samdech HENG SAMRIN, Chairman of the Cambodian National Assembly, to assemble for an extraordinary session in order to strip of the former King Sihanouk’s immunity, guaranteed by Article 7, Paragraph 3 of the Constitution of the Kingdom of Cambodia: “ the King can not be violated.” According to the sent letter, the former King’s immunity is a key impediment to the investigation of the ECCC’s prosecution. The letter also contained that the King held one of the top governing posts during Democratic Kampuchea’s regime; consequently he shall be an indispensable human element of the investigation. Mr. SEREYROATHA also addressed that Khmer citizens are equal before the law, regarding of social status and other status, guaranteed by Article 31 of the Constitution.
The letter initiated an outcry amongst Cambodia’s governing party: Cambodian People’s Party, and the Royalist party: Funcinpec. The following paragraphs intend to theoretically and practically analyze into this constitution-amendment proposal.
Theoretically
Firstly, Constitution is the ultimate foundation for one society’s livelihood; it is the most sensitive cause to a nationwide political turmoil as well as the most effective method for political settlement. This is to imply that constitutional amendment is an extremely sensitive action for a somehow unstable state structure of Cambodia, so constitutional amendment in such a circumstance is totally impossible.
Secondly, amending Paragraph 3, Article 7 of the Cambodian Constitution would also mean another amendment to the motto of the Kingdom of Cambodia: Nation Religion “King”.
Thirdly, Constitution is the top hierarchy of the Cambodian legal norm, so constitutional amendment would not only affect the constitution itself, but its other subordinate laws.
Practically
Should the former Cambodian King’s immunity be constitutionally stripped of to pave the way for investigation of the ECCC, HENRY KISSINGER who played a dominant role in United States foreign policy between 1969 and 1977 and the thirty-seventh President of the United States RICHARD MILHOUS NIXON who served from 1969 to 1974 and who involved in the bombardment in Cambodia, shall be subpoenaed for answering before ECCC either. Can this be possible? Surely not, the United States really values its citizens and precious citizens like HENRY and RICHARD are even more valued. So ifonly the former Cambodian King be subject to judicial investigation, ECCC is still not just and fair. Moreover, you are creating another individual injustice for the former King, which is against Article 31 of the Cambodian Constitution.
Mr. SEREYROATHA you now come to the point of revolution like what happened from 1975 – 79. The leaders during that time did not care about anything; only social justice. They abolished all social structure and economic foundations, and started every social structure and economic foundation all over again, because they thought it was the way to replant social justice. To me, you are walking on the same path in “nothing but the total justice.” So please rethink of your justice ambition.
Is there a guarantee that after the former King’s constitutional immunity is striped of for judiciary investigation, will he have it back? If yes, it comes to the point that the King will not as valued in the Cambodian eyes as before, because now he is equal to us. And day by day, the King’s values will be revoked from Cambodian hearts. What about after this judicial process, the King’s immunity is not granted back? Then you must be partly or wholly responsible for the demise of Cambodia’s constitutional monarchy.
Finally, there is a specific duration and finance of the ECCC’s operation. So due to financial limitation, will the court be capable of subpoenaing all important stakeholders of Democratic Kampuchea from all over the world to seek for an international standardized justice for Cambodians in this generation?
Vicheka Lay is the Translator and Legal Information Officer for DFDL Mekong Law Group, Freelance Translator for Asian Human Rights Commission, Hong Kong, and LL.M Candidate. He is also a member of the Legal Writing Institute, a legal analysis institution, based in Mercer University, the United States of America.
Any question about Cambodian laws, business, politics, and state of affairs? Email me: vichekalay@yahoo.com
