03 April 2007
The international judges of the Extraordinary Chambers in the Courts of Cambodia today presented the President of the Supreme Court Chamber of the ECCC with a letter informing the Cambodian judges of their decision not to hold a judicial plenary session to adopt the internal rules of the court in April 2007.
The letter, signed by all the international judges of the ECCC, notes that two weeks have passed since the ECCC’s Review Committee issued a statement asking for the Cambodian Bar to reconsider its position over fees imposed on foreign lawyers. The letter states that the international judges were, “saddened that at the time of writing, the Cambodian Bar had not reconsidered its position.” With the fee issue still unresolved and not enough time remaining to fix their schedules or accommodate previous commitments, a 30 April plenary it is no longer possible for the international judges.
The international judges believe the Cambodian Bar's proposed first year fee of USD $4900.00 would create a prohibitive entry cost and was not in line with accepted practice at the international level. The proposed fee would severely limit the number of foreign lawyers able to appear before the ECCC and would allow the accused to argue that they have not been afforded the right to have counsel of their choice, in breach of the International Covenant of Civil and Political Rights. Further, such a fee would exclude many lawyers that are volunteering to represent victims for free, as they would be left significantly out of pocket for offering their services pro-bono.
The international judges are aware of ongoing discussions between the Cambodian Bar and the ECCC’s Defence Support Section and express hope that these discussions will lead to an acceptable solution. As a result, they are willing to, allow for a short period to establish whether they may then be in a position to call a plenary session at a later date.
However, the international judges wish to emphasize that the window of opportunity is closing quickly and they simply cannot allow for endless delays.
The international judges will re-examine the situation, and any proposals from the Cambodian Bar, during the last week of April 2007. If at that time no progress has been made they will propose organizing the whole process of participation of foreign lawyers from registration to discipline without the assistance of the Cambodian Bar Association, in line with established practice in other international and hybrid tribunals.
The international judges end the letter with their commitment to, “the fair, transparent and expeditious trials for which the Cambodian people have been waiting for 25 years.”
The letter, signed by all the international judges of the ECCC, notes that two weeks have passed since the ECCC’s Review Committee issued a statement asking for the Cambodian Bar to reconsider its position over fees imposed on foreign lawyers. The letter states that the international judges were, “saddened that at the time of writing, the Cambodian Bar had not reconsidered its position.” With the fee issue still unresolved and not enough time remaining to fix their schedules or accommodate previous commitments, a 30 April plenary it is no longer possible for the international judges.
The international judges believe the Cambodian Bar's proposed first year fee of USD $4900.00 would create a prohibitive entry cost and was not in line with accepted practice at the international level. The proposed fee would severely limit the number of foreign lawyers able to appear before the ECCC and would allow the accused to argue that they have not been afforded the right to have counsel of their choice, in breach of the International Covenant of Civil and Political Rights. Further, such a fee would exclude many lawyers that are volunteering to represent victims for free, as they would be left significantly out of pocket for offering their services pro-bono.
The international judges are aware of ongoing discussions between the Cambodian Bar and the ECCC’s Defence Support Section and express hope that these discussions will lead to an acceptable solution. As a result, they are willing to, allow for a short period to establish whether they may then be in a position to call a plenary session at a later date.
However, the international judges wish to emphasize that the window of opportunity is closing quickly and they simply cannot allow for endless delays.
The international judges will re-examine the situation, and any proposals from the Cambodian Bar, during the last week of April 2007. If at that time no progress has been made they will propose organizing the whole process of participation of foreign lawyers from registration to discipline without the assistance of the Cambodian Bar Association, in line with established practice in other international and hybrid tribunals.
The international judges end the letter with their commitment to, “the fair, transparent and expeditious trials for which the Cambodian people have been waiting for 25 years.”
2 comments:
Only this tribunal is the good time for CBA to make money. This CBA is an independent institution that has not made any money so far. So this CBA will make a lot of money from the blood, flesh, and bones happened in Khmer Rouge era. So far it is seen that many people get alot of money from the Khmmer Rouge regime through creating killing fields and museum for tourists and CBA makes money from international lawyers for KR tribunal.
Will the ECCC sell tickets to observers and audiences who wish to see trial process? It is also a good idea to make some more money.
The fees for foreign lawyers are simply blood money. This is yet another testimony to show how far deep the morality of the so-called ruling elite in Cambodia has sunk. The bar has brought shame to the Cambodian nation.
Furthermore, the protracted conflict over the election of the chairman of the bar may well have been linked to the Khmer Rouge trial.
LAO Mong Hay, Hong Kong
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