Circular March 2, 1995 Relations between Governors and Judges/Prosecutors

INTER-MINISTERIAL CIRCULAR DATED MARCH 2, 1995

ON THE COMPETENCIES AND WORKING RELATIONS BETWEEN

GOVERNORS OF PROVINCES AND MUNICIPALITIES

AND CHIEFS JUDGES AND PROSECUTORS OF PROVINCIAL AND MUNICIPAL COURTS

Ministry of Interior and Ministry of Justice

No. 204 Cir. 95

The Deputy Prime Minister and Minister of Interior and the Minister of State and Minister of Justice;

Hereby inform to:

Governors of all the provinces and municipalities,
Chiefs Judges of all the provincial and municipal Courts,
Prosecutors of all provincial and municipal Courts.

Subject: Concerning the competencies and working relations between governors of provinces and municipalities with chief judges and prosecutors of provincial and municipal courts.

According to the law, the territory of the Kingdom of Cambodia shall be divided into provinces and municipalities as specified by the Constitution. Governors of provinces and municipalities shall have the authority as representatives of the Royal Government and shall be under the direct administration and governance of the Co-Minister of Interior with regards to matters concerning the administration of the territory, population, public properties, maintenance of security and social order and the promotion of development in all fields, in order to upgrade the living standards of the population. Governors of the provinces and municipalities shall represent the national interests.

Judges and prosecutors of provincial and municipal courts shall have an independent power as specified by Article l09 of the Constitution of the Kingdom of Cambodia. This power shall be used by chiefs judges and prosecutors of the provincial and municipal Courts through the adjudicate courts of all levels. Article 111 of the Constitution stipulates that judicial power shall not be granted to the legislative or to the executive branches. The King shall be the guarantor of the independence of the Judiciary. Article 113 stipulates that the Supreme Council of Magistracy shall assist the King in this matter.

Since the Constitution of the Kingdom of Cambodia being the Supreme law of the nation has entering into force up till now, the Ministry of Interior and the Ministry of Justice have noticed that governors of provinces and municipalities, chief judges and prosecutors of the provincial and municipal Courts have yet to understand very clearly about the application of their respective functions and duties with regards to working relations between themselves. Therefore, the Ministry of Interior and the Ministry of Justice would like to instruct the following:

1. Governors of provinces and municipalities shall be responsible to assure the administration and the implementation of the Royal Government policies and important works in their own provinces and municipalities, including:

To collect general information for the Royal Government and the Ministry of Interior.

To disseminate and follow up of the implementation of laws, rules and regulations.

To have the power to command the police authority.

To have power to administer all civil servants in vertical and horizontal line, working in various services in the provinces and municipalities in compliance with article 22 of the Law on the General Statute of the Civil Service of the Kingdom of Cambodia.

To have power to co-ordinate and control civil servants posted at all the State’s specialized services in the provinces and municipalities with the exception of judges and prosecutors of the provincial and municipal Courts. Governors of the provinces and municipalities shall not have the power to control them in accordance with Article 1 of the Law on the General Statute of the Civil Service of the Kingdom of Cambodia

2. Chiefs judges and prosecutors of provincial and municipal courts shall assure independence in deciding cases by using their legitimate discretionary power for the benefit of the Khmer population, in the name of His Majesty the King of the Kingdom of Cambodia. Administrative works and politics shall be under the jurisdiction of governors of provinces and municipalities. Therefore, monthly working reports of the activities of the Courts and prosecutors to the provincial and municipal courts which are sent to the Ministry of Justice shall be copied also to the Governors of provinces and municipalities for information.

From henceforth, if there is complaint from the population regarding any dispute, governors of provinces and municipalities shall advise them to bring their suits at the provincial or municipal courts or shall forward such complaints to the courts. They should not accept and try to solve the suits that are the competencies of the courts and prosecutors of the provincial and municipal courts.

When the party of the lawsuit disagrees with the decision of the courts, they shall file an appeal to the Court of Appeals within a delay of 2 months, it being a higher court with power to review judgments of the Lower Courts. Upon receipt of this Circular, Governors of provinces and municipalities, chief judges and prosecutors of provincial and municipal Courts shall organize meeting to disseminate this circular. A report shall be subsequently be made to the Ministry of Interior and the Ministry of Justice informing them on the results of their meeting.

It is hereby requested that all Governors of provinces and municipalities, chief judges and prosecutors of the provincial and municipal courts shall implement properly this Circular in order to defend the interests of this law.

Minister of Justice

Chem Sgnuon

Minister of Interior

Sar Kheng, You Hockry