When the Law is Not Being Followed – Sunday, 21.3.2010

Posted on 22 March 2010. Filed under: *Editorial*, Week 656 | Tags: , , , , , , , , , , , , |

The Mirror, Vol. 14, No. 656

It was early in March, when Prime Minister Hun Sen was quoted having said that the year 2010 is the year in which brothels and illegal gambling sites shall be eliminated. And there were additional warnings, saying that such campaigns are for real: “Police and military chiefs had better leave their positions if they do not dare to crack down on brothels and gambling sites, being afraid of interventions.” That there would be resistance from people who benefit from the related trade is obviously expected. Even that such resistance can come from persons ‘higher up’ who scare lower level officials so that they do not do their duty.

This is serious. Even the head of the government foresees that there will be resistance – resistance within the structures of law enforcement – to implement the law.

What is even more serious is that it is assumed that some sections of the authorities commit large scale violations regularly and in front of the public. Though this is known – “everyone knows this problem” one paper writes – the same activities continue: the illegal selling of military material at the Tuek Thla market: military uniforms, but also many kinds of handguns and ammunition.

But now, The Mirror reported, that there was a large scale raid:

“This was not the first raid at the Tuek Thla market to stop the selling of bullets and of police and military uniforms. There had been several raids before, but these activities could not be eliminated, as many heads of police units and military commanders do not distribute the materials to the fellow police and soldiers under their command, but keep them and sell them to traders… some heads of police units and military police commanders benefit personally by taking their troops’ belongings, and transport them by car to sell them to traders…

“Therefore, the suppression at the Tuek Thla market is just an action that looks good, as sooner or later, such operations will start again..”

The newspaper report said that “the authorities confiscated hundreds of military uniforms and other materials from ten stalls, and arrested some sellers of those materials to educate them… the sellers are not the ones to be blamed.” Was anybody also punished for these illegal actions? The traders were educated – but what about those who supplied the illegal merchandise?

Now, will this finally change?

There was one special case which had been highlighted a something that hardly ever had happened before: a misbehaving general was arrested and brought to court! The case started to be public through a report, saying that the family of a ten year old boy had complained to the Prime Minister, that a one-star navy general went to a school, called out their son by name, and beat him up.

Later some more explanations appeared: the boy had bullied the little daughter of the general, and the teacher had not protected the daughter adequately – so the general had actually also physically attacked the teacher.
The fact that this incident was not hushed up, but lead to a court case, motivated the former Co-Defense Minister Sisowath Sirirath to say in a letter to the editor of The Cambodia Daily:

“This is the sort of justice the Cambodian people need to see more of as we slowly move toward a more responsible society, a society that respects the rule of law and individual rights.

“People who wear uniforms are supposed to serve and protect us from harm, and not frighten us…

“I highly commend Defense Minister Tea Banh for his strong initiative in bringing this general to justice and allowing the Military Police to arrest him and to send him to trial, even in absentia, in Preah Sihanouk Provincial Court.

“The justice-loving people in Cambodia welcome with satisfaction the court’s decision. It is at least a step in the right direction.”

Actually, a very small step.

The accused did not show up in court, because he was now hospitalized – according to some report – for high blood pressure. But he was convicted to one year in jail. However, this sentence was immediately commuted to 10 days only. And as he is under Military Police surveillance in hospital, his days in hospital are calculated towards the 10 days verdict, so that he will be free after spending ten days in hospital.

There were other confusing reports:

  • Perpetrators Who Shot and Injured [three] Disabled People [guarding land in Kompong Thom] Are Out of the Net of the Law, while Some Victims Do Not Dare to Return to Their Own Homes [as the authorities are seeking to arrest them because of their protests against their eviction from the land]
  • Forestry Officials Intercepted a Car Loaded with Wood, but Let It Go Immediately after Negotiations [Stung Treng]
  • A Man That Produced Fake Johnnie Walker Whiskey Was Released by the Police because of His Strong Influence Relations [Phnom Penh]

What steps in the right direction are to be expected in these cases?

One long and detailed story was also published in full in The Mirror on Wednesday: The Order of Hun Sen to Prohibit Khmer Citizens from Gambling in Casinos Is Not Applied by the Owner of the Naga Casino, with detailed descriptions by a journalist who wanted to know.

“Based on Mr. Hun Sen’s order, Khmer citizens are not allowed to enter to gamble in casinos, but the Naga Casino allows Khmers to gamble freely. Some Khmers said that as long as you have money, you can enter the Naga Casino anytime and there are no problems.

“This casino is very lucrative, as it attracts addicted gamblers from small casinos that were closed by the government and it amasses all the profits alone here.

““Recently, Mr. Hun Sen reminded the Khmer authorities to close gambling sites and to restrict Khmer citizens from entering to gamble in casinos that operate with licenses, such as the Naga Casino and other casinos along the Thai and Vietnamese borders. Mr. Hun Sen warned that if any casinos, or the authorities monitoring them, permit Khmer citizens to enter, those casinos will be shut down and the police officials involved will be punished.”

The Mirror is looking forward to related information and we will publish it, when we find it.

Please recommend The Mirror also to your colleagues and friends.

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One Response to “When the Law is Not Being Followed – Sunday, 21.3.2010”

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could you suggest how to ensure that laws can be enforced upon everyone in the society (including the prime minister, ministers, oknhas…)?

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