Ministry
of Defense
No. 019/99/PRK/MND
October 4, 1999
PRAKAS
on
The Organization and Functioning of the Disciplinary Council
The Co-Ministers of Defense
-
Referring to the 1993 Constitution of the Kingdom of Cambodia;
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Referring to Reach Kret NS/RKT/1198/72 of November 30, 1998, on the formation of the Royal Government of Cambodia;
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Referring to Reach Kram 02/NS/94 of July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers;
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Referring to Reach Kram NS/RKM/0196/07 of 24 January, 1997, promulgating the Law on the Establishment of the Ministry of Defense;
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Referring to Reach Kram CS/RKM/197/05 of November 6, 1997, promulgating the Law on the General Military Statutes of the Royal Cambodian Armed Forces.
HEREBY DECLARE
Article 1:
Shall be considered as disciplinary offenses any wrongdoing
committed by every military officer either intentionally, involuntary,
failure, omission, negligence, recklessness, and any violation of Chapter
7, Articles 45, 46, and 47of the General Statutes of the Cambodian Royal
Armed Forces (RCAF) as promulgated by Preah Reach Kram No. CS/RKM/1197/05
and ratified by the National Assembly on September 15, 1997 at the 8th
session of the first legislature. The disciplinary offenses
under to the General Statutes of the RCAF, civil and criminal fault
are independent from each other. Civil penalties and criminal penalties
are also independent from each other.
Article
2:
Any
sanction imposed under the General Statutes of the RCAF shall be
previously approved by the Disciplinary Council.
The
appointment of the disciplinary council shall be determined by:
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Preah Reach Kret (royal decree) for the rank of general or admiral;
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Anukret (sub‑decree) for the rank of colonel or commander of navy;
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a Prakas of the Ministry of Defense;
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a decision of the Commander‑in‑Chief of the RCAF.
The
Disciplinary Council shall be established for each particular case where
there is a matter of sanction under the General Statutes of the RCAF.
Article
3:
The Disciplinary Council shall have seven members:
-
Three military officers appointed by the Ministry of Defense/Commander-in-Chief, one of whom shall serve as a chairman, another as vice chairman, and the last one as reporter.
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Four military officers who are in the same unit or services related to the accused military officer and who are higher ranking or have more seniority (in case of equivalent ranks).
If
there is no military officer as stated above, the Minister of
Defense/Commander-in-Chief may propose the appointment of a Disciplinary
Council from officers who are in higher ranking from a different unit of
the Cambodian Royal Armed Forces.
A
military officer who is a criminal plaintiff or relatives through the
third line of blood relationship of the accused officer may not be
appointed for the Disciplinary Council.
Article
4:
After the creation of a
Disciplinary Council, the Ministry of Defense/Commander- in-Chief of the
Royal Armed Force and assigned military authorities shall submit all files
associated with the accused military officer to the Disciplinary Council
and to the reporter.
Article 5: The reporting member shall allow the accused officer to have
access to his/her files and provide witnesses and the name of his defense
representative.
Then
the reporting member shall investigate/interrogate this case by:
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Asking for evidence and, necessary arguments;
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preparing the minutes and other witness response if any; and
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Receiving the complaint of the accused military person.
The
reporting member shall properly prepare a written report of investigation
results without any personal comment. The report shall be sent to the
Disciplinary Council no later than fifteen (15) days.
Article 6:
The
Disciplinary Council shall convene its members no later than fifteen (15)
days after the receipt of the report. If there are no adequate files the
Disciplinary Council shall order the reporting members to seek further
information, postpone the case, and take any necessary actions to discover
the truth.
The
above investigation period may not exceed forty-five (45) days.
In
case of difficulty in gathering the information, the chairman of the
Disciplinary Council may postpone the meeting for only forty-five (45)
days.
Article
7: Meetings
governed by the chairman of the Disciplinary Council shall be attended by
all members.
The
accused officer must appear at the request of the Disciplinary Council and
bring with him witnesses/ and may be represented by him/herself or a
defense representative either in an oral or written statement.
Article
8:
After the completion of discussion and interrogation, the
Disciplinary Council may take time to consider the evidence and make a
secret conclusion. Then the Disciplinary Council shall arrange a
subsequent secret vote starting from the higher degree of penalty to the
lower one. All ballots shall be opened at the same time for the vote for
each degree of penalty. A vote for such degree of penalty shall be re-arranged
if ballots are equal.
Article 9:
The
minutes of the meetings, the proceedings and secret votes shall be
promptly sent by the Chairman to the competent hierarchical authorities
for the determination of the penalty. The competent authority may refuse
to follow the Disciplinary Council's recommendation by written notice and
decide to impose a penalty that is less severe than the Disciplinary
Council's proposal.
Article
10:
The
final sanction shall be determined by a royal decree, sub-decree, and
decision.
Article
11:
During the enforcement of the sanction, if the accused military
officer disappears for fifteen (l15) consecutive days after the second
summons, his/her salary shall be withheld. If, after the second summons,
forty-five (45) days elapsed and the accused person is still missing,
his/her name shall be automatically cancelled from the cadre.
Article
12:
The Cabinet of the Ministry of Defense, Cabinet of the Chief of
General Staff, all units under the Cambodian Royal Armed Forces shall be
responsible for the enforcement of this Prakas from the date of its
signature.
Phnom
Penh, October 04, 1999
Co-Ministers
of Defense
TEA
Banh
Sisovath Sereyrath
Four-stars
General