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What the law says

What the law says

Law on the Outlawing of the "Democratic Kampuchea" Group

(Text in

Bold indicates an amendment inserted during the bill's passage through

the

National Assembly )

The National Assembly of the Kingdom of

Cambodia

  • Understanding that the Agreements on a Comprehensive Political Settlement

    of the Cambodian Conflict of 23 October 1991, which the "Democratic

    Kampuchea" Group signed together with the three other Khmer signatories,

    required the "Democratic Kampuchea" group like the other signatories to

    implement all the provisions of the agreement to bring peace and national

    reconciliation.

  • Seeing that the "Democratic Kampuchea" Group clearly did not agree to

    implement the most important provisions of the agreement, in particular

    violating the articles which called for respect of a ceasefire, the permission

    to officials and staff of the UN to enter the zones it controlled, for assembly

    to cantonment, disarmament and demobilization of armed forces, and for respect

    for the human rights of the Cambodian population.

  • Seeing that, in addition to not respecting the most important provisions of

    the agreement which it had signed, the "Democratic Kampuchea" group made armed

    attacks on the officials and staff of the UN Transitional Administration, on the

    officials of the Royal Cambodian Government, and indiscriminately on the lives

    of the Cambodian people.

  • Seeing that the "Democratic Kampuchea" group did not register as a political

    party to participate in the elections in line with the Electoral Law of the UN

    for Cambodia dated 12 August 1992 and did not agree to take part in anything

    prescribed by this Law which would transform this group into a proper and legal

    political party.

  • Seeing that throughout the period since the election in 1993 to the present

    the "Democratic Kampuchea" group has continually committed criminal, terrorist

    and genocidal acts which has been a characteristic of the group since it

    captured power in April 1975 - forcible movement, abduction, killing and

    subsequently also robbery and banditry, laying mines indiscriminately throughout

    the plains and forests, destroying public and private property, leading the

    killing of civilians, forcibly taking and illegally occupying national

    territory, and selling natural resources by violating the sovereignty of the

    Kingdom of Cambodia.

  • Seeing that "Democratic Kampuchea" group has violated the Constitution of

    the Kingdom of Cambodia, in particular the following:

Article 3 which states "the Kingdom of Cambodia is an indivisible

state". Article 49 which states "all Khmer people must respect the Constitution

and the law".

Article 50 which states "the Khmer people of both

sexes shall respect the principle of national sovereignty and liberal

multi-party democracy".

Article 52 which states that the Royal

Government of Cambodia shall stubbornly protect the sovereignty and national

integrity of the Kingdom of Cambodia, shall carry out a policy of national

reconciliation in order to protect national unity, shall protect the law and

ensure public order and security.

  • Seeing that the "Democratic Kampuchea" group has not agreed to listen to the

    successive appeals to participate in the process of national reconciliation made

    by UNTAC, by the leadership of the other Khmer factions, and subsequently by His

    Royal Majesty the King and the Royal Government which emerged from the elections

    held to solve the Cambodian problem.

  • Realizing that the leadership of the "Democratic Kampuchea" group can not

    take the Paris Peace Agreement as a legal shield to conceal and escape from

    their responsibility of committing criminal, terrorist and genocidal acts since

    the time that the Pol Pot regime took power in 1975-78. Responsibility for all

    these criminal acts cannot be annulled by the passage of time.

The National Assembly of the Kingdom of Cambodia hereby approves the

following law:

Article 1: Outlawing the "Democratic Kampuchea"

group and its armed forces.

Article 2: Following the day this Law

comes into effect, all people who are members of the political organization and

military forces of the "Democratic Kampuchea" group shall be considered as

offenders of the Constitution and offenders of the laws of the Kingdom of

Cambodia. Members of the political organization or military forces of the PDK

are the ones who give orders, accomplish or engage directly in the armed

conflict for the purpose of serving the policy of the PDK. The above-mentioned

persons do not include the family or those living under duress with the PDK.

Article 3: Members of the political organization and the

military force of the PDK or the people who perform crimes of murder, rape,

robbery of people's property, the destruction of public and private property,

etc. shall be sentenced according to the existing criminal law.

Article

4: Members of the political organization and the military force of the PDK or

people who perform

  • seccession
  • destruction against the Royal Government
  • destruction against organs of the state authority
  • and incitment to take up arms against the state authority shall be

    regarded as crimes against the security of the country and the criminals shall

    be sentenced and jailed for 20 to 30 years or for life.

Article 5: This Law shall allow for an amnesty period of six months

after coming into effect to permit people who are members of the political

organization of military forces of the "Democratic Kampuchea" group to return to

live under the authority of the Royal Government in the Kingdom of Cambodia

without facing punishment for crimes which they have

committed.

Article 6: For leaders of the "Democratic Kampuchea"

group the amnesty described above does not apply.

Article 7:
The King shall have the the right to give partial or complete amnesty as

stated in Article 27 in the Constitution.

Article 8: Following

the day that this law comes into effect all property which is under the control

of the PDK or other offenders and which comes from the illegal division of the

territory of the Kingdom of Cambodia and from exploitation of the natural

resources of the Khmer people shall be confiscated by the Royal Government

whether they are in the Kingdom of Cambodia or any other

country.

Article 9: The people who use this law to violate the

rights of the people by threatening, charging, arresting, detaining, torturing

or violating the dwelling house unreasonably shall be punished and be jailed

from two to five years. The one who misinforms, witnesses falsely, and gives

false evidence in order to serve his interest by using this law to violate the

rights of people shall be punished and jailed from two to five years. The victim

of the injustice has the rights to appeal for damages of the above mentioned

violations.

Article 10: This law is considered

urgent.

This law was approved by the National Assembly of the Kingdom

of Cambodia in Phnom Penh on 7 July 1994. Loy Sim Chheang, Acting Chairman of

the Assembly

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