The royal pardon granted to Prince Norodom Ranariddh was within the scope of the Constitution, lawyers and diplomats asserted Thursday.
Remarks broadcast Wednesday by the minister of justice saying that legally the prince should be barred from the poll had no basis in law, some observed.
Chem Snguon was using outdated or legally irrelevant texts in his interpretation, one legal expert claimed.
“These rules are not in the Constitution,” she said. “They are taken from old texts during the [People’s Republic of Kampuchea government period] or circulars which he makes up himself, which are certainly of lower value than the Constitution.”
Another legal observer said only the Constitutional Council, which has yet to convene, had the right to interpret articles of law.
An Asian diplomat said Thursday that politics likely were motivating Chem Snguon.
“This is not about the law,” the diplomat said. “He wants to make the King uncomfortable, put him on the defensive, as he arrives.”
Chem Snguon—who is in Paris, according to an aide—made his analysis in a letter to the two prime ministers, which has now been sent to King Norodom Sihanouk. His interpretation dealt primarily with pardons for three top resistance generals—Nhiek Bun Chhay, Serey Kosal and the late Chao Sambath—who with the prince were given prison sentences and ordered to pay $54 million in compensation.
In the letter, Chem Snguon claimed a royal pardon did not erase claims for damages. The debt had been spared the prince because of international pressure for him to compete in the election, he said. The three generals, however, would not receive the same treatment, the justice minister added.
Chem Snguon’s legal rejection of an amnesty for the resistance leaders is backed by the two premiers and has now been sent to the King, said Prak Sokhonn, an adviser to Hun Sen. The views expressed on Ranariddh’s pardon were the personal opinions of Chem Snguon, he noted.
A government statement issued last Friday opposed amnesty for resistance generals. The King has said he cannot grant it without government agreement.
Prak Sokhonn repeated Thursday that the sticking point for the prince will not be whether his generals are amnestied, but whether he retains a private army. Article 6 of the law on political parties prohibits any party from controlling zones or maintaining a private army.
One Funcinpec source believed the only answer was for the generals to retire voluntarily so the prince would not have to publicly renounce his allies in order to take part in the election.
