Archive for March 20th, 2007

Sunday/Monday, 18/19.3.2007: Ky Tech And His Group Created Obstacles To The Khmer Rouge Tribunal, Demanding A Big Amount Of Money From Foreign Lawyers

Posted on 20 March 2007. Filed under: Week 500 |

The Mirror, Vol. 11, No. 500

“The project for the trial of Khmer Rouge leaders, charged of killing more than 1.7 million Khmer people, is not going smoothly, because there has been disagreement between Khmer judges and foreign judges over procedural rules for the tribunal [“Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC)”].

“Meanwhile, the Bar Association of the Kingdom of Cambodia, led by [its president] Mr. Ky Tech, who shamelessly made an issue of taking fees rather than seeking justice for Khmer Rouge victims, is threatening to destroy this tribunal.

“Even after Cambodian judges and foreign judges have held discussions for ten days in order to seek a compromise — a solution to the problem of procedural rules of the tribunal — the disagreement between Cambodian judges and foreign judges has not yet been solved. It was also said that one has to wait until 30 April 2007 to know if there is a solution.

“The issue of fees was raised by Mr. Ky Tech and his group who decided that foreign lawyers are required to pay thousands of dollars in order to be admitted to fulfill a function as a defense lawyer for a person accused in the Khmer Rouge tribunal.

“It is observed that Mr. Ky Tech and his group took the opportunity to make money under the pretext of implementing a law, by requiring foreign lawyers to pay approximately US$5,000 to work at the tribunal where Khmer Rouge leaders are being tried.

“The requirement stated by Mr. Ky Tech’s group of lawyers, who use the name of the Bar Association of the Kingdom of Cambodia to seek money, wants to order foreign lawyers to pay US$500 each for an application of membership in the Bar Association of the Kingdom of Cambodia. If then, a foreign lawyers were actually selected to represent a client, they would have to pay an additional US$2,000, and they would also have to pay in addition US$200 per month in fees. Each of the foreign lawyers would thus be required to pay a total of approximately US$4,900 per year.

“Representatives of foreign lawyers spoke about seeking a compromise with Cambodian lawyers concerning the issue of requiring foreign lawyers to pay these US$4,900 each for the permission of defending cases in the Khmer Rouge Tribunal.

“Mr. Ky Tech, the president of the Bar Association of the Kingdom of Cambodia, told a local foreign language newspaper that the reason why he required foreign lawyers to pay nearly US$5,000 each per year is that he understood that, in their role, each foreign lawyer can make US$1,000 per day and US$30,000 [sic] per year.

“But lawyers from ADHOC [the Cambodian Human Rights and Development Association] said that to make the quality of defending and trying meet international standards, foreign lawyers, who are highly qualified, are required to participate; that is to say, money should not play a big role.

“However, the requirement of taking fees, which Mr. Ky Tech and his group considers to be important, without caring about justice for the Khmer Rouge victims, attracted criticism from foreign lawyers as well as observers and activists for the cause of justice.

“The foreign lawyers who want to temporarily participate in the Khmer Rouge tribunal protested that it went too far to require each foreign lawyer to pay thousands of dollars in such a way, because they do not work as professional lawyers in Cambodia for a long time, as Khmer lawyers do.

“As for Mr. Chang Youk, the director of the Documentation Center of Cambodia, he openly criticized the Cambodian Bar Association President Ky Tech for considering fees as more important than doing justice. Mr. Chang Youk said that what the Bar Association of Cambodia does, ‘is considering money rather than justice.’

“He criticized that these Cambodian lawyers should not waste their time because of this issue of money. The issue is delaying the trial process. Mr. Chang Youk said that when this issue occurred, it consumed already one month; and he referred also to the disagreement about the Khmer Rouge Tribunal’s procedural rules which are very important for the process of the court procedures to try the Khmer Rouge leaders in order to proceed smoothly.

“Mr Reach Sambath, the spokesman of the Khmer Rouge Tribunal, said that he hoped that international law and Cambodian law would be combined together soon, so that the Khmer Rouge Tribunal could move forward.

“Observers were concerned that if a solution to the problem of the tribunal’s procedural rules could not be found, the court for the Khmer Rouge trial might melt away at the end of April.

“As for some foreign judges, observers said that they might withdraw themselves from this court, if international standards were not upheld, and there were also political issues which interfere in this trial again and again.

“There have been three meetings between the UN-appointed judges and the Cambodian judges since December 2006 until now, and even though a number of problems were solved, they have to wait until 30 April to listen to the result of the last joint judges meetings.” Khmer Amatak, Vol.8, #463, 19.3.2007

Newspapers Appearing on the Newsstand:
Sunday/Monday, 18/19 March 2007

Kampuchea Thmey, Vol.6, #1294, 18-19.3.2007

  • Health Service Is Not Very Good While People Are Required To Pay Too Much
  • India Has Plan To Create An English Center In The Royal Academy Of Cambodia [Ambassador to Cambodia Mr. Aloke Sen met Mr. Sok An]
  • Porters Whose Business It Is To Pull Luggage Carts Have Concern To Be Impoverished [they can hardly make ends meet to cover their need – Poipet border crossing]

Khmer Amatak, Vol.8, #463, 19.3.2007

  • Ky Tech And His Group Created Obstacles To The Khmer Rouge Tribunal, Demanding A Big Amount Of Money From Foreign Lawyers
  • Prominent International Politicians In Asia, Europe, and America, Are Supporting Samdech Krom Preah [Prince Ranariddh] And Condemning The Court Of Hun Sen’s Cambodian People’s Party [internationals condemned the trial against the Prince which prevents him from joining the 2008 general elections]
  • Senior Officials From The Cambodian People’s Party Acknowledge That The Failure To Solve Land Disputes Is A Threat To The Ruling Party

Koh Santepheap, Vol.40, 5994, 19.3.2007

  • First Workshop On Insurance Regarding Oil Wells In Cambodia
  • Human Rights March Completes Its Way With Cooperation From Authorities At All Levels [marchers spent 16 days walking from Phnom Penh to Siem Reap]

Moneaksekar Khmer, 14, #3113, 19.3.2007

  • The Chinese Influence Versus The US Influence [translation from The Christian Science Monitor: in 2007, the USA lifted its ban on direct aid to the Cambodian government. The US ambassador said the changes have nothing to do with the recent discovery of oil, or with other countries. The US approved US$15 million for democracy in this country. Also China has deep influence on Cambodia]

Rasmei Kampuchea, Vol.15, #4239, 18-19.3.2007

  • LICADHO Official: 67 Laborers and Fishermen Are In Malaysian Jails
  • Court Calls Prince Chakrapong Over The More Than One Million Dollars He Owes [but the Prince is not in Cambodia]
  • Registration Fee To Become Member Of The Extraordinary Chamber Of The Court Of Cambodia Is An Obstacle While Finalizing The Internal Regulations For The [Khmer Rouge] Tribunal

Samleng Yuvachun Khmer, Vol.14, #2994, 18-19.3.2007

  • Internal Regulations For The Khmer Rouge Tribunal Are An Obstacles, As Judges Have Political Stance

Sar Noeung Khmao, Vol.8, #195, 19-20.3.2007

  • Income From Certificates Of Good Conduct From The Ministry Of Justice Should Be Paid To The National Budget [the set price is Riel 5,000 (approx. US$1.30) but people normally pay $10 to $20 for “express service;” so far, this income has not been transfered to the national treasury; they just transfered Riel 2,500 for each certification]
  • Director Of CamControl Earns More Income For The Nation Than Planned [they earned Riel 24,284,915,649 [approx. US$6,3 million] in 2006; Riel 15,25 million [approx. US$3,95 million] more than expected
  • Cambodia And Australia Sign Memorandum Of Understanding On Cambodian Criminal Justice Assistance Project For Phase 3 [by Minister of Interior Sar Kheng and Ambassador Lisa Filipetto; the project started in 1997]
  • A Vietnamese Company [Tay Nam] Is Interested In Agro-Industrial Investments In The North-Eastern Part Of Cambodia [planned investment capital is US$14,056,022 for rubber and cashew plantations]

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