Royal
Government of Cambodia
No.
25/ANK/BK
June 15, 1995
ANUKRET
on the Tasks and General Structure of the Gendarmerie
Royal
Government of Cambodia
·
Seen the Royal Decree
dated November 1,1993 on the Appointment of the Royal
Government of Cambodia;
·
Seen the Decree dated July
2, 1993, on the Appointment of the Co-commander-in-chief of the
National Armed Forces;
·
Seen the Decree dated July
14,1993 on the creation of the Ministry of Defense;
·
Seen the Decree dated
July 14, 1993, on the creation of the General Staff
Headquarters of National Armed Forces; and
·
In accordance with the
opinions of the Advisors in Charge of National Defense Affairs and
the Legal Counsel to the Prime Ministers
IT IS HEREBY DECIDED
Article 1:
To place the
Gendarmerie is under the administration of the General Staff of the
Royal Khmer Armed Forces (RKAF) who shall report directly the
Co-Prime Ministers.
Article 2:
The Prime Ministers
shall determine the general framework of activities for the
Gendarmerie.
The Co-ministers of
Defense shall be responsible for its general administration.
Logistical support and budget of the Gendarmerie shall be done
through the General Staff of the Royal Khmer Armed Forces.
Article 3:
The Gendarmerie shall
be an autonomous unit of the RKAF units. The Gendarmerie shall
undertake police activities under an inter-ministerial jurisdiction.
The jurisdiction of the Gendarmerie shall be exercised nationwide
over both civilians and military personnels.
Article 4:
The tasks of
the Gendarmerie shall be as follows:
a. To
undertake activities as administrative police:
·
to maintain security and
general public order,
·
to preserve the respect
for law and regulations,
·
to provide information
and protect civilians.
In
the exercise of their duties, the Gendarmerie may carry out
orders from the Co-ministers of Interior and other competent
administrative authorities.
b.
To undertake activities as
judicial police:
·
to record crimes and infractions,
·
to record violations of
law,
·
to collect evidence,
·
to investigate
offenders and bring offenders to the court of law under warrants for
arrest issued by the court,
·
to perform duties base on
the delegation of authority from judicial authorites.
In
the exercise of this duty, the Gendarmerie may execute their mission
under the orders of the Minister of Justice, the Prosecutor General
and other competent court authorities:
c. To undertake activities with military:
·
to maintain security and function as a honorary guards for
any institutions;
·
to
defend military sites
·
to
act as military police inside or outside military sites
In
the exercise of this duty, Gendarmerie may execute their mission
under the orders of the Co-ministers of National Defense, the Chief
of RKAF General Staff and other competent military authorities:
d.
To provide forces to help any ministry according to their
necessary needs and at its request.
Article 5:
The
Gendarmerie may undertake any special additional mission of police
as specified in the Sub-Decree.
Article 6:
The
general structure of the Gendarmerie is as follows:
·
the General Inspector
Department,
·
the Gendarmerie
Department.
Article 7:
The roles and responsibilities of the
Gendarmerie Inspector are as follows:
·
the duty of the General
Inspector is to control and transmit information.
·
The General Inspector
shall be directly under the commands of the Prime Ministers who
shall determine the missions.
·
The General Inspector
shall be a permanent advisor of the Prime Ministers and in this
capacity, he shall be compelled to provide to the Prime Ministers
his opinions on all future policies and functions of the
Gendarmerie.
·
The General Inspector
shall directly control the operation and the use of Gendarmerie
according to the law.
Article 8:
The
roles and responsibilities of the Gendarmerie Department are as
follows:
The
Gendarmerie Department shall be supervised by a Commander with an
equivalent rank of a Superior Military Officer or a High Ranking
Civil-Servant and shall have the following duties:
·
to compile general
regulations and monitor their implementation in relations with
relevant ministries, e.g. the
Ministry of National Defense, the Ministry of Interior, the Ministry
of Justice, and so on,
·
to provide necessary information to enable proper execution
of the work,
·
to resolve and adjudicate
all relevant issues related to the administration and the operation
of the Gendarmerie.
The
Gendarmerie Commander shall supervise the followings:
·
the Gendarmerie training
school,
·
the Interior Gendarmerie,
·
the Mobile Team
Gendarmerie, and
·
the Military Police.
Article 9:
The
Gendarmerie Training School:
The
Gendarmerie Training School shall be in charge of the followings:
·
to organize training
programs,
·
to train the
Gendarmerie staff,
·
to monitor the
training,
·
to arrange and compile
training documents, and
·
to submit request for
training materials and supplies to the Gendarmerie Department.
Article 10:
The
Interior Gendarmerie:
The
Interior Gendarmerie shall perform their tasks nationwide in the
Kingdom of Cambodia down to the commune level. The Interior
Gendarmerie shall discharge their missions under the authorities
mentioned in Article 4 of this Sub-Decree.
The
jurisdiction of the Interior Gendarmerie shall cover both civilians
and military personnels.
Article 11:
The
Mobile Team Gendarmerie:
The
Mobile Team Gendarmerie shall be an armed forces unit in charge of
maintenance of law and order and the fight against illegal
armed groups. The Mobile Team Gendarmerie shall perform their tasks
nationwide in conformity with the request of the Interior
Gendarmerie or pursuant to mobilization letters from competent
administrative and judicial authorities. The Mobile Team Gendarmerie
shall be ready to assist the Interior Gendarmerie units.
Article 12:
The
Military Police:
The
Military Police shall be one of the units of the Gendarmerie in
charge of direct co-operation with the three branches of the armed
forces of the RKAF. The Military Police shall discharge their
missions under the authorities mentioned in Article 4 of this
Sub-Decree.
Article 13:
The
Military Police inspector or commander may propose to create any
special units when necessary to get efficiency.
Article 14:
To
delegate to the Co-ministers of Defense and Chief of General Staff
of RKAF the functions of duties assignment, appointment of
officials, and organization and management of the institutions as
mentioned above in consultation with the Co-ministers of Interior.
Article 15:
Any
regulations contrary to this Sub-Decree shall be annulled.
Article 16:
The
Co-ministers in charge of the Cabinet of the Council of Ministers,
the Co-ministers of Defense, the Co-ministers of Interior, the
Minister of Justice, the Chief of the General Staff of the RKAF and
all relevant ministries shall implement this Sub-Decree from the
date of its signature.
The First Prime
Minister
The Second Prime Minister
Signature and Seal
Signature and Seal
NORODOM RANARIDDH
HUN SEN
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