Posted on 21 June 2008.
The Mirror, Vol. 12, No. 565
“Phnom Penh: A high-ranking officials of the Nation Assembly said on 19 June 2008 that the National Assembly received the proposal to revoke Mr. Sam Rainsy’s immunity, delivered from the Prosecution Office to the Phnom Penh Municipal Court through the Ministry of Justice on Thursday morning, but considering legal procedures and timing, the vice-president of the National Assembly, Mr. Nguon Nhel, said that the National Assembly might not work on this issue and might keep it unsolved for some time.
“In an interview via telephone with Rasmei Kampuchea on the afternoon of 19 June 2008, Mr. Nguon Nhel said that around 11:00 a.m. of 19 June 2008, the National Assembly received the proposal to suspend the immunity of the opposition party president Mr. Sam Rainsy, delivered from the Prosecution to the Phnom Penh Municipal Court. He added that an immunity cannot be suspended unless there is a request to open an extraordinary meeting of the National Assembly by Samdech Prime Minister, or the King, or Samdech President of the National Assembly.
“Mr. Nguon Nhel also explained some legal procedures that make it difficult for the National Assembly to summon an Extraordinary Session or a meeting of its Permanent Committee. He said that Samdech Heng Samrin had announced already to close the National Assembly until after the 2008 election. According to the present real situation, the Permanent Committee might not be able to open a meeting. He continued that, based on procedures, the National Assembly needs at least two to three days to summon a meeting of the Permanent Committee, and if the Permanent Committee agrees to call an Extraordinary Session, at least 40 hours are needed before the meeting to inform the members of the National Assembly. Therefore, it will take more than one week, and then it will be already the time of 2008 election campaign. Another point is that the proposal to revoke the immunity of a member of the National Assembly needs at least two thirds of supporting voices, or 83 voices among the 123 members of the National Assembly.
“Article 80 of the Constitution states that indictment, arrest, or detention of a member of the National Assembly cannot be made unless there is agreement from the National Assembly or from the Permanent Committee of the National Assembly during the meeting, except for obvious offenses flagrante delicto.
“According to this article, the Permanent Committee of the National Assembly also has the right to suspend the immunity of a member of the Assembly to open the way for a legal investigation.
The Mirror, Vol. 12, No. 565
“Phnom Penh: A high-ranking officials of the Nation Assembly said on 19 June 2008 that the National Assembly received the proposal to revoke Mr. Sam Rainsy’s immunity, delivered from the Prosecution Office to the Phnom Penh Municipal Court through the Ministry of Justice on Thursday morning, but considering legal procedures and timing, the vice-president of the National Assembly, Mr. Nguon Nhel, said that the National Assembly might not work on this issue and might keep it unsolved for some time.
“In an interview via telephone with Rasmei Kampuchea on the afternoon of 19 June 2008, Mr. Nguon Nhel said that around 11:00 a.m. of 19 June 2008, the National Assembly received the proposal to suspend the immunity of the opposition party president Mr. Sam Rainsy, delivered from the Prosecution to the Phnom Penh Municipal Court. He added that an immunity cannot be suspended unless there is a request to open an extraordinary meeting of the National Assembly by Samdech Prime Minister, or the King, or Samdech President of the National Assembly.
“Mr. Nguon Nhel also explained some legal procedures that make it difficult for the National Assembly to summon an Extraordinary Session or a meeting of its Permanent Committee. He said that Samdech Heng Samrin had announced already to close the National Assembly until after the 2008 election. According to the present real situation, the Permanent Committee might not be able to open a meeting. He continued that, based on procedures, the National Assembly needs at least two to three days to summon a meeting of the Permanent Committee, and if the Permanent Committee agrees to call an Extraordinary Session, at least 40 hours are needed before the meeting to inform the members of the National Assembly. Therefore, it will take more than one week, and then it will be already the time of 2008 election campaign. Another point is that the proposal to revoke the immunity of a member of the National Assembly needs at least two thirds of supporting voices, or 83 voices among the 123 members of the National Assembly.
“Article 80 of the Constitution states that indictment, arrest, or detention of a member of the National Assembly cannot be made unless there is agreement from the National Assembly or from the Permanent Committee of the National Assembly during the meeting, except for obvious offenses flagrante delicto.
“According to this article, the Permanent Committee of the National Assembly also has the right to suspend the immunity of a member of the Assembly to open the way for a legal investigation.
However, Mr. Nguon Nhel explained that although the Constitution states so, still a meeting of the Permanent Committee to decide to suspend the immunity of a member of the National Assembly cannot be held. He added that a meeting of the Permanent Committee represents all members of the National Assembly which has 123 seats; but two members have left their positions as members of the National Assembly, so there are only 121 members, which do not form a complete National Assembly. ‘Therefore, this issue cannot be worked on.’
“He went on to say, ‘We received this proposal, but we keep it unsolved for a while.’
“Although Mr. Sam Rainsy’s immunity might not be revoked, Mr. Nguon Nhel explained that every draft law or big lawsuit will be sent from the outgoing National Assembly to the Council of Ministers when a new National Assembly is announced to be opened again after the election.
Therefore, at that time, the Council of Ministers might send them back to the new National Assembly.”
Rasmei Kampuchea, Vol.16, #4620, 20.6.2008
“He went on to say, ‘We received this proposal, but we keep it unsolved for a while.’
“Although Mr. Sam Rainsy’s immunity might not be revoked, Mr. Nguon Nhel explained that every draft law or big lawsuit will be sent from the outgoing National Assembly to the Council of Ministers when a new National Assembly is announced to be opened again after the election.
Therefore, at that time, the Council of Ministers might send them back to the new National Assembly.”
Rasmei Kampuchea, Vol.16, #4620, 20.6.2008
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