25 March 2007By Sam Borin
Radio Free Asia
Translated from Khmer by Heng Soy
A Cambodian political analyst who also happens to be a human rights activist, is calling for the Cambodian Bar Association (CBA) to stop imposing high fees payment for foreign lawyers, and help put to an immediate end the obstacle [for the Khmer Rouge Tribunal].
Dr Lao Mong Hay, the former law professor at the University of Toronto, Canada, said the search for justice must be met by both the victims and the perpetrators.
He said that the requirement for fees payment [imposed by the CBA] is an obstacle to the search for the long awaited real justice, and he asked for the CBA to help resolve this issue for the sake of justice for Cambodian people.
What are the fees collected from foreign lawyers for?
On this issue, Dr Lao Mong hay said: “In the trials, both the victims and the perpetrators need justice, and if the law and the legal system cannot guarantee the truth and justice, then it would be a loss for everybody. Since 1997, when the UN was asked to help establish the Khmer Rouge Tribunal, people have been waiting for several years already, from one year to another, and when the process is about to reach the end of the road, we (Cambodia) decide to ask for fees from foreign lawyers. What will the fees money be used for? We ask for the fees for monetary gain on top of the sufferings of our people? I don’t think it is right. This is a lack integrity and it is also inhuman. I say that we should not ask for any money at all. We are calling for the CBA to put an end to this issue and to help arrange for justice to be served for all Cambodian people.
Judges for the Extraordinary Chamber in the Court of Cambodia (ECCC) had started their work since 10 July 2006, following the swearing ceremony which was held in March of 2006.
However, the ECCC work requires internal rules – the basis to guarantee for a just and fair process for everybody involved – which have been blocked due to differences between national and international laws.
The ECCC may not function without the participation of Cambodian lawyers
In an interview provided to RFA yesterday, Ky Tech, the CBA president, blamed the content of a letter issued by Judge Marcel Lemonde, of severely violating Cambodia’s sovereignty. Ky Tech said that the ECCC cannot function without the participation of Cambodian lawyers.
Ky Tech said: “The CBA is a national institution governed by the law. If there is a violation on an institution formed by the [Cambodian] law, then it means that the sovereignty of Cambodia is violated. He (Judge Marcel Lemonde) stated in his letter that if the CBA does not change its attitude as he demanded, then he will personally raise the lawyer issue at the ECCC itself. On this point, I believe that an international judge should not say such a thing because it severely affects the sovereignty of Cambodia, just like what I said earlier: the CBA is not a private company which can be violated by anyone who wants to do it. Furthermore, the ECCC needs the participation of Cambodian lawyers before it can function.”
The letter issued by Judge Marcel Lemonde called on the CBA to change its attitude towards the requirement of fees payment [by foreign lawyers]: $500 for registration, $2,000 if the lawyer is accepted to represent someone [as well as a $200 monthly fee]. Judge Marcel Lemonde threatened to boycott the approval of the ECCC internal rules planned for the end of April, if there is no change [on this issue].
Can Cambodian law guarantee justice?
Dr Lao Mong Hay denied the claim made about the violation of Cambodia’s sovereignty. He said that this statement is not correct based on the fact that the law and the justice system in Cambodia do not yet have the necessary reputation when it comes to the search for justice. He said that the truth and justice have no boundaries.
Dr Lao Mong Hay said: “Can the Cambodian law guarantee justice? The first issue being the truth and the second being justice, both of them have no boundaries, this has nothing to do with sovereignty, or independence, or any law issues at all, that is why human beings like to criticize each other, they cross the borders to go from one country to another when they see that justice is based on something wrong. That’s what we forgot, but the lawyers must not forget about it, the [country] leaders should not forget about it either, and the learned must not forget about this also.”
The successive stumbling blocks led the public to wonder about the progress of this hybrid “international” tribunal.
Tribunal officials still remain optimist
Nevertheless, for Sean Visoth, the Director of the Office of Administration of the ECCC, said with optimism that he still strongly believes that the ECCC would be able to fulfill its tasks.
Sean Visoth said: “This is not the first time we face this type of situation, during the 4 to 5-year negotiation, we also faced difficulties and tense situations like the current one, but because of determination and upright standing, we were able to sail through these obstacles until the formation of the ECCC, or the Khmer Rouge leaders trial, which is now over one year old. We still remain optimistic that we will be able to pursue this endeavor.”
-----
KI-Media: We apologize to Dr Lao Mong Hay if there is any shortcoming in the translation. Additional clarifications from you will be greatly appreciated by our readers.
Dr Lao Mong Hay, the former law professor at the University of Toronto, Canada, said the search for justice must be met by both the victims and the perpetrators.
He said that the requirement for fees payment [imposed by the CBA] is an obstacle to the search for the long awaited real justice, and he asked for the CBA to help resolve this issue for the sake of justice for Cambodian people.
What are the fees collected from foreign lawyers for?
On this issue, Dr Lao Mong hay said: “In the trials, both the victims and the perpetrators need justice, and if the law and the legal system cannot guarantee the truth and justice, then it would be a loss for everybody. Since 1997, when the UN was asked to help establish the Khmer Rouge Tribunal, people have been waiting for several years already, from one year to another, and when the process is about to reach the end of the road, we (Cambodia) decide to ask for fees from foreign lawyers. What will the fees money be used for? We ask for the fees for monetary gain on top of the sufferings of our people? I don’t think it is right. This is a lack integrity and it is also inhuman. I say that we should not ask for any money at all. We are calling for the CBA to put an end to this issue and to help arrange for justice to be served for all Cambodian people.
Judges for the Extraordinary Chamber in the Court of Cambodia (ECCC) had started their work since 10 July 2006, following the swearing ceremony which was held in March of 2006.
However, the ECCC work requires internal rules – the basis to guarantee for a just and fair process for everybody involved – which have been blocked due to differences between national and international laws.
The ECCC may not function without the participation of Cambodian lawyers
In an interview provided to RFA yesterday, Ky Tech, the CBA president, blamed the content of a letter issued by Judge Marcel Lemonde, of severely violating Cambodia’s sovereignty. Ky Tech said that the ECCC cannot function without the participation of Cambodian lawyers.
Ky Tech said: “The CBA is a national institution governed by the law. If there is a violation on an institution formed by the [Cambodian] law, then it means that the sovereignty of Cambodia is violated. He (Judge Marcel Lemonde) stated in his letter that if the CBA does not change its attitude as he demanded, then he will personally raise the lawyer issue at the ECCC itself. On this point, I believe that an international judge should not say such a thing because it severely affects the sovereignty of Cambodia, just like what I said earlier: the CBA is not a private company which can be violated by anyone who wants to do it. Furthermore, the ECCC needs the participation of Cambodian lawyers before it can function.”
The letter issued by Judge Marcel Lemonde called on the CBA to change its attitude towards the requirement of fees payment [by foreign lawyers]: $500 for registration, $2,000 if the lawyer is accepted to represent someone [as well as a $200 monthly fee]. Judge Marcel Lemonde threatened to boycott the approval of the ECCC internal rules planned for the end of April, if there is no change [on this issue].
Can Cambodian law guarantee justice?
Dr Lao Mong Hay denied the claim made about the violation of Cambodia’s sovereignty. He said that this statement is not correct based on the fact that the law and the justice system in Cambodia do not yet have the necessary reputation when it comes to the search for justice. He said that the truth and justice have no boundaries.
Dr Lao Mong Hay said: “Can the Cambodian law guarantee justice? The first issue being the truth and the second being justice, both of them have no boundaries, this has nothing to do with sovereignty, or independence, or any law issues at all, that is why human beings like to criticize each other, they cross the borders to go from one country to another when they see that justice is based on something wrong. That’s what we forgot, but the lawyers must not forget about it, the [country] leaders should not forget about it either, and the learned must not forget about this also.”
The successive stumbling blocks led the public to wonder about the progress of this hybrid “international” tribunal.
Tribunal officials still remain optimist
Nevertheless, for Sean Visoth, the Director of the Office of Administration of the ECCC, said with optimism that he still strongly believes that the ECCC would be able to fulfill its tasks.
Sean Visoth said: “This is not the first time we face this type of situation, during the 4 to 5-year negotiation, we also faced difficulties and tense situations like the current one, but because of determination and upright standing, we were able to sail through these obstacles until the formation of the ECCC, or the Khmer Rouge leaders trial, which is now over one year old. We still remain optimistic that we will be able to pursue this endeavor.”
-----
KI-Media: We apologize to Dr Lao Mong Hay if there is any shortcoming in the translation. Additional clarifications from you will be greatly appreciated by our readers.
9 comments:
Those freaking dumb brown monkeys at the so-called Cambodian Bar Association or CBA know squat about what Dr. LAO Mong Hay was talking about. Suffices it to say that Viet Hanoi is behind everything that P. Penh regime is doing. What Viet Hanoi is doing here is just to have KHMER alienated herself to the max so Viet Hanoi can maximize its gain with glory towards the Vietnamization and the federalization of Indochina. What can the world do when HANOI is playing this tricky game of destroying, then rescueing and then ultimately taking over???
For the sake of peace and stability, the world has been already ready to hand KHMER out to the Viet on a silver plate. What a shame!
AK4AhnetKhmer
IS THE CBA PRESIDENT NAME KY TECH OR SEE KTECH????????
IS Mr. SEE KTECH WRITE THE LAW LIKE THIS "WAL" SIMILAR TO WALLET???????
IS Mr. SEE KTECH WORK FOR YUON SLAVE OR HE SERVING TRUTHFULLY TO ALL KHMER PEOPLE??????
After selling off to Phnom Penh, the so-called Dr. Chhay Hoc Pheng has become brainwashed and a real mouthpiece of the rotten regime. What a move ! I see this as a moral crime of the worst sort. http://www.kohsantepheapdaily.com.kh/khmer/send28_03.htm
The main argument in his very letter to the UN secretary general is the "souvereignty cliche" to support the CBA to make thunders and rains.
We have learnt that the so-called "sovereignty", "non-interference into internal affairs "...etc..are frequently used by purported dictators and totalitarian regimes to obstruct the world justice.
As a result, genocides and absolute power are still prevalent in some parts of the world, and the vulnerable are prone to these predatory regimes.
It should be time that "social justice" must be sought beyond the so-called "sovereignty" malicious pretext so that one can humanely stop bloodshed on this earth.
Dr. Mong Hay, please accept my highest consideration for your integrity. I hope you will never give in your ethics to feather your own nest. Thank you.
A Khmer Student
To Khmer Student (9:02 AM):
Pls. read also the following article from Cambodge Soir translated into English by www.krtrial.org. It's not the entire letter but at least it could help you understand better what Dr Chhay Hok Pheng's group meant. Maybe someone here could share with us the entire content of the letter (i.e. in its original format).
Cheers
A France-based Committee of Khmer Rouge Victims on the 5th of March wrote a letter to Mr. Ban Ki-moon, a newly-nominated UN Secretary-General. In the letter, the committee criticized that it is a complete waste of time and energy to work on such internal rules. The committee analyzed that Cambodian integrity has been abused due to the fact that the ECCC’s judges has been interfering into the affairs of rule makers. The committee advised all lawyers to function as real lawyers. This means that they are not rule makers but lawyers. Mr. Chhay Hok Pheng, the president of the Committee of Khmer Rouge Victims, said, “It is unacceptable that the tribunal was created 7 months ago but the tribunal investigating judges have done nothing with the case of Kang Kek Ieu, alias Duch, who has been detained 8 years already. He went on to say, “Making a law is political activities, so it is not surprising that the judges of the rules committee disagree with each other. And it is not important at all that we give supports to any sides. Observers and the majority of the Cambodian people said that all judges of the tribunal should start their work immediately to improve the public image of the tribunal and to stop the temporary detention of Duch carrying on from day to day.”
http://www.krtrial.org/showarticle.php?language=english&action=shownews&art_id=1543&needback=1&PHPSESSID=47973e3ac5627f9b3931ce59241a4c61
OUTSIDERS PLEASE STAY OUT OF CAMBODIAN POLITICS! INCLUDING THE ABOVE COMMENTS AND MR. LAO.
NONE OF YOUR BUSINESS AND STAY WHERE YOU ARE!
hey Ah choy marai @3:37PM. Ah kone mee somphung YUON!
Is this Khmer enough for you, 3:37PM. Your mother is a YOUN whore?
poor lonley k gringos looking for indians to shoot?
ah pleou kmean pouch!
hey Anon@10:36PM...we know your mother is YUON's whore (somphung Yuon), get it? No wonder you are like what you are, now!!!
Dr Lao,
Congratulation for your decent comment !Your sound is better than your last comment on Government's maturity in Politic.
Your own Green Apple is tasked & healthy than Rotten Carrot of Hun Xen & Its CPP.
Pls keep up your good works & your principle !
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