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