Prosecution of Phnom Penh Municipal Court Summoned Sam Rainsy and Kem Sokha, president and vice president of the National Salvation Party Access to the lighting around the peaceful demonstration of workers on 14 January 2014. Court if arrested Or detained Kem Sokha legal possible or not?
National party leader Sam Rainsy ( right ) and Vice President Kem Sokha in protest at the parks in the morning of 15 September 2013 .RFA
Analysis Legal constraints certainly occur If CPP Attempt arrested Or arrested Kem Sokha , when he appeared at the courthouse Order island 's deputy prosecutor Heang sensible face .
Legal obstacles Is because lawmakers Khmer immunity Or special rights provided for in the Constitution That other people do not have .
Article 80 of the Constitution stipulates that : MP the Khmer immunity . Assembly Can not be accused arrested arrested or detained by reason of acting Or expression to fulfill its functions . The charges Arrested Or detain any member of the Assembly Possible Unless they are approved by the National Assembly Or the Standing Committee of the National Assembly between sessions of the Assembly Except in actual criminal cases . In this case above Competent Ministry shall report to the National Assembly Or to the Standing Committee of the National Assembly immediately to achieve . Decision of the Standing Committee of the National Assembly Be submitted to the next Assembly session To approval by a two - thirds majority of the Assembly as a whole . In this case above The detention Any charges Assembly is suspended If Assembly speech to suspend most of three quarters of the whole number of members of parliament .
It is clear that Content in Article 80 of the Constitution Are intended to prevent lawmakers from persecution are dealt with by the authorities To access to those elected lawmakers fulfill its role in the cause of protecting the interests of people without fear . If lawmakers harassed And the fear and People are really hard to find you dependent . That's why in a democratic country Assembly must get legal protection To expression And to act without fear .Kem Sokha Vice president of the National Salvation Party is as MP ?
To want to have a legitimate parliament to launch soon CPP Already announced that Assembly Inception fully taken shape , and Although the National Party Not joined .
In addition , the On 23 September 2013, the National Assembly also declared valid recognition MP elected from CPP And the National Salvation Party Which also named Kem Sokha .
Obviously if Kem Sokha Assembly recognized that the opportunity recognition Present King Kong Royal presiding already , Article 80 of the Constitution Which provides immunity to lawmakers Also be useful to Kem Sokha . Means Courts can not be charged , arrested or detained Kem Sokha nothing unless the crossing And approved the majority opinion is 2 3 of members of the parliament as a whole . And for the 5 th The attempt to charge any of the court on the opposition National Salvation Probably not possible Because CPP Do not have enough MP 2 3 in the National Assembly for approval to the arrest Or charges .
However, CPP Can reference that Kem Sokha has not yet become an MP Because he did not go through the oath ceremony . If this logic Kem Sokha no immunity lawmakers . And when he has no immunity Court questioned , arrested or charged Without asking votes 2 3 Assembly . Court therefore can arrest Kem Sokha when he appeared On Tuesday , January 14 , summoned by prosecutors for questioning on suspicion « Incitement to commit crimes Or commit serious cause chaos to society after workers ' protests turned violent in recent times .
If the court was under the pressure of the CPP By Mr Kem Sokha and saying that Kem Sokha is not a member of the National Assembly Or not lawmakers That means that All party members who announced recognition Assembly expires in September 2013 , is also not an MP . If so, They can say that Cambodia Until this day In no state has yet Congress Because the Constitution stipulates that Parliament must have at least 120 members who represent the nation as a whole .
If party members elected from 55 announced by the National Election Committee ( NEC ) becomes not an MP Current parliament with 68 lawmakers from the CPP Is completely illegal Assembly Because the constitution requires at least 120 members .
So for the CPP at this time is in the situation of double Or legal constraints already turning . Means wish to acknowledge Mr. , Kem Sokha MP also difficult not want to recognize Mr. Kem Sokha MP also difficult .
However, Also CPP Assumed both legislative executive Court and securely in hand Not shrink from change Or interpretation of the law To serve the interests of the party itself . If retention Or detained Sam Rainsy and Kem Sokha , president and vice president of the National Salvation Party Party is what people want , the CPP May not lack ways to achieve its aims .
National party leader Sam Rainsy ( right ) and Vice President Kem Sokha in protest at the parks in the morning of 15 September 2013 .RFA
Analysis Legal constraints certainly occur If CPP Attempt arrested Or arrested Kem Sokha , when he appeared at the courthouse Order island 's deputy prosecutor Heang sensible face .
Legal obstacles Is because lawmakers Khmer immunity Or special rights provided for in the Constitution That other people do not have .
Article 80 of the Constitution stipulates that : MP the Khmer immunity . Assembly Can not be accused arrested arrested or detained by reason of acting Or expression to fulfill its functions . The charges Arrested Or detain any member of the Assembly Possible Unless they are approved by the National Assembly Or the Standing Committee of the National Assembly between sessions of the Assembly Except in actual criminal cases . In this case above Competent Ministry shall report to the National Assembly Or to the Standing Committee of the National Assembly immediately to achieve . Decision of the Standing Committee of the National Assembly Be submitted to the next Assembly session To approval by a two - thirds majority of the Assembly as a whole . In this case above The detention Any charges Assembly is suspended If Assembly speech to suspend most of three quarters of the whole number of members of parliament .
It is clear that Content in Article 80 of the Constitution Are intended to prevent lawmakers from persecution are dealt with by the authorities To access to those elected lawmakers fulfill its role in the cause of protecting the interests of people without fear . If lawmakers harassed And the fear and People are really hard to find you dependent . That's why in a democratic country Assembly must get legal protection To expression And to act without fear .Kem Sokha Vice president of the National Salvation Party is as MP ?
To want to have a legitimate parliament to launch soon CPP Already announced that Assembly Inception fully taken shape , and Although the National Party Not joined .
In addition , the On 23 September 2013, the National Assembly also declared valid recognition MP elected from CPP And the National Salvation Party Which also named Kem Sokha .
Obviously if Kem Sokha Assembly recognized that the opportunity recognition Present King Kong Royal presiding already , Article 80 of the Constitution Which provides immunity to lawmakers Also be useful to Kem Sokha . Means Courts can not be charged , arrested or detained Kem Sokha nothing unless the crossing And approved the majority opinion is 2 3 of members of the parliament as a whole . And for the 5 th The attempt to charge any of the court on the opposition National Salvation Probably not possible Because CPP Do not have enough MP 2 3 in the National Assembly for approval to the arrest Or charges .
However, CPP Can reference that Kem Sokha has not yet become an MP Because he did not go through the oath ceremony . If this logic Kem Sokha no immunity lawmakers . And when he has no immunity Court questioned , arrested or charged Without asking votes 2 3 Assembly . Court therefore can arrest Kem Sokha when he appeared On Tuesday , January 14 , summoned by prosecutors for questioning on suspicion « Incitement to commit crimes Or commit serious cause chaos to society after workers ' protests turned violent in recent times .
If the court was under the pressure of the CPP By Mr Kem Sokha and saying that Kem Sokha is not a member of the National Assembly Or not lawmakers That means that All party members who announced recognition Assembly expires in September 2013 , is also not an MP . If so, They can say that Cambodia Until this day In no state has yet Congress Because the Constitution stipulates that Parliament must have at least 120 members who represent the nation as a whole .
If party members elected from 55 announced by the National Election Committee ( NEC ) becomes not an MP Current parliament with 68 lawmakers from the CPP Is completely illegal Assembly Because the constitution requires at least 120 members .
So for the CPP at this time is in the situation of double Or legal constraints already turning . Means wish to acknowledge Mr. , Kem Sokha MP also difficult not want to recognize Mr. Kem Sokha MP also difficult .
However, Also CPP Assumed both legislative executive Court and securely in hand Not shrink from change Or interpretation of the law To serve the interests of the party itself . If retention Or detained Sam Rainsy and Kem Sokha , president and vice president of the National Salvation Party Party is what people want , the CPP May not lack ways to achieve its aims .
Analysis: legal consequences related to warrants summoned opposition leader
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