“ច្បាប់ថ្មីនេះបានផ្សព្វផ្សាយទូលំទូលាយទៅកាន់សមាជិករដ្ឋាភិបាលរួចហើយ
ហើយច្បាប់នេះ ក៏មិនមែនតាក់តែងឡើងដើម្បីបម្រើឲ្យសាធារណជន ឬបម្រើឲ្យសង្គមស៊ីវិលនោះទេ
តែច្បាប់នេះធ្វើឡើងដើម្បីរៀបចំចាត់ចែងក្នុងស្ថាប័នតុលាការប៉ុណ្ណោះ។”
រដ្ឋមន្ត្រីក្រសួងយុត្តិធម៌ លោក
អង្គ វង្សវឌ្ឍានា, ២១ ខែឧសភា ឆ្នាំ២០១៤, វិទ្យុអាស៊ីសេរី
“Nobody can have more knowledge than the
National Assembly. Our National Assembly is a true and legitimate assembly, so
we don’t need to have any more debate.”
Senior CPP lawmaker Cheam Yeap, 27 May 2014, The Cambodia Daily
“The laws will make the courts perfect and
better than before, so the court system will be advanced in a good way with
this deep reform.”
Sam Pracheameanith, chief of cabinet at the Ministry of Justice,
27 May 2014, The Cambodia Daily
“After I listened, I wrote down everything
in my book… Why do I need to write notes? …The ideas are so new, so I have to
remember. We are doing a good job.”
CPP Fresh Lawmaker Mok Mareth 23 May 2014, The Cambodia
“Honestly,… the party has no interest or
has not been looking into the draft laws seriously. [While the CNRP leaders
focus elsewhere, their lawmakers] are all over the place. As a party, we should
have our elected MPs [members of parliament] to work on that, but I am not in
charge of the elected MPs. I think some politicians were looking for any order
from the leaders. But we have to do what the party leaders want us to do.”
CNRP chief whip Son Chhay, 27 May 2014, The Cambodia Daily
The CPP kills
at least three birds with its new judicial trilogy: the
Law on the Organisation and Functioning of the Supreme Council of the
Magistracy (SCM), the Law on the Organisation and Functioning of the Courts,
and the Law on the Statute of Judges and Prosecutors. It is applauded as a
stroke of genius.
First, it
takes more ownership by dumping the three branches: legislative, executive, and
the judiciary, into a single pot many say stinks to high heaven. The
composition of the SCM that runs the entire court system must include justice
minister from the executive branch, which immediately compromises the SCM
independence.
Furthermore,
the royal palace is also thrown into the pot. The King’s presidency of the SCM
is made feeble, though he is still held responsible for the judicial
independence. SCM Article 7 stipulates the King is the Council president, but
he or his representative shall not be involved in any decision-making unless
his representative is the justice minister. This ensures the CPP government
will answer only to itself.
The trilogy
now relieves CPP elite from the pain of having to claim every time they open
their mouth that all their actions are legal. Civil rights attorney Sok Sam
Oeun confirms the new laws legalise whatever the CPP government has done up to
now that many claim to be illegal, or contravene international conventions.
Second, the
trilogy is drafted to the perfection, and passed with top efficiency in a
well-greased process. The CPP elite claim the legislations are flawless after
consulting behind closed doors with legal experts and and experienced officials
whose inputs happen to be what they look for. This explains how the half-full
National Assembly takes only about twelve hours to pass the combined 233
article trilogy with most of the time spent on reading them. The smooth passing
is like how male mammals with a perfect prostate gland feel.
Newcomer
lawmaker Mok Mareth is so impressed with quality of the laws and the flaky
debate that he writes down “everything”. The only thing the lawmaker, who poses
and answers his own questions, misses is the other side of the coin.
Third,
perhaps the trilogy incidentally reveals an Opposition weakness. It seems the
CNRP chief whip suffers from having neither Indians nor whip. It is uncertain,
however, whether he has lost them, or the party simply forgets to hand them
over to go with the title. Still, if it is true that the Indians are twiddling their thumbs waiting for the
leaders’ order, then they may not know much about any strategic plan to rescue
their future, let alone the nation.
Anyhow, if
unity and stability come from the CPP power of one, the trilogy will do the
trick. After all, worriers for nothing, like UN envoy Subedi, should take
notice of what the justice minister has to say about the main purpose of the
legal trio: they are to manage the court structure – not serving interest of
either the public or the NGOs.
Ung Bun Ang
10vi14
(Pseng-Pseng
is published on the first, tenth, and twentieth day of every month)
Updated: “Ghost
Like Reform”, Pseng-Pseng, 6 March 14
Why does the
best of one need all these times to effect a direct credit pay?
«ទើបតែកាត់មកចូលអេស៊ីលីដានេះឯង ក៏មិនទាន់បានបើកម្ដងទេ។
ខានបើក ៥ខែហើយ តាំងពីខែមករា មក។ ក្រុមគ្រួសារខ្ញុំក៏យ៉ាប់ដែរ រហេមរហាម ប្ដីខ្ញុំខ្វាក់ភ្នែកទាំងពីរ
គាត់ថ្លង់ទៀត សូមឱ្យជួយខ្ញុំផង ខ្ញុំល្ងង់មិនដឹងអីទេលោកអើយ!»។
លោកស្រី សេង ឈឹង ដែលមានប្ដីជាជនពិការនៅខេត្តឧត្តរមានជ័យ, ៤ ខែមិថុនាឆ្នាំ២០១៤, វិទ្យុអាស៊ីសេរី
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