By Ek Madra
PHNOM PENH (Reuters) - A fee of less than $5,000 (2,530 pounds) the Cambodian Bar Association wants to levy on foreign lawyers is threatening to torpedo the long-delayed trial of Pol Pot's top surviving henchmen for the atrocities of the "Killing Fields".
Bringing the former guerrilla leaders to justice was never going to be easy.
But after nearly a decade of tortuous negotiations and false dawns, Cambodia and the United Nations had agreed the outline of the joint court, donors had coughed up $53 million to pay for it and prosecutors had started combing through the evidence.
Only the most cynical saw any further delays in the attempt to find justice for the Khmer Rouge's 1.7 million victims.
Now, however, the U.N. is balking at the $4,900 in fees the national bar association wants to charge each foreign defence lawyer, and the row is threatening to sink the whole enterprise.
Although paltry in the overall scheme of the trial, the U.N. said the charge was "not in line with accepted practice at the international level" as it would deter lawyers who might want to offer their services free of charge to defendants.
Digging in their heels after two weeks of talks, the international judges and lawyers said this week they were pulling out of a full session of the court planned for the end of April.
If the two sides could not reach agreement on the fees by then, the international side would decide the rules for foreign defence lawyers on its own, it said in a statement.
"The international judges wish to emphasise that the window of opportunity is closing quickly and they simply cannot allow for endless delays," it said.
The Cambodian Bar Association (CBA) responded by saying the international lawyers would be flouting domestic law, which prohibits foreigners from representing clients in local courts unless they are Bar Association members.
As the court is officially called the "Extraordinary Chambers in the Courts of Cambodia", this rule must apply, the CBA said.
CBA secretary-general Ly Tayseng said his organisation was charging foreigners $500 registration, $2,000 when they were chosen to represent a client and $200 a month in additional fees.
"We are still talking about the fees," Ly Tayseng told Reuters. "We, the Bar, and all Cambodians want the trial to happen to bring justice for the victims."
Even though Phnom Penh and the U.N. agreed to the trials in 2003 and the judges were sworn in last year, wrangling over the nuts and bolts of the court have delayed any charges being filed.
Besides the clock ticking on the trial's budgeted three-year duration, time is also of the essence as many of the Khmer Rouge top command are dead or dying.
"Brother Number One" Pol Pot, presumed architect of the ultra-Maoist regime, died in 1998. His one-legged military chief Ta Mok -- dubbed "The Butcher" for his alleged role in mass internal purges -- died last year.
The main defendants are likely to be "Brother Number Two" Nuon Chea, former foreign minister Ieng Sary, former president Khieu Samphan, and Duch, head of the capital's Tuol Sleng interrogation and torture centre.
Bringing the former guerrilla leaders to justice was never going to be easy.
But after nearly a decade of tortuous negotiations and false dawns, Cambodia and the United Nations had agreed the outline of the joint court, donors had coughed up $53 million to pay for it and prosecutors had started combing through the evidence.
Only the most cynical saw any further delays in the attempt to find justice for the Khmer Rouge's 1.7 million victims.
Now, however, the U.N. is balking at the $4,900 in fees the national bar association wants to charge each foreign defence lawyer, and the row is threatening to sink the whole enterprise.
Although paltry in the overall scheme of the trial, the U.N. said the charge was "not in line with accepted practice at the international level" as it would deter lawyers who might want to offer their services free of charge to defendants.
Digging in their heels after two weeks of talks, the international judges and lawyers said this week they were pulling out of a full session of the court planned for the end of April.
If the two sides could not reach agreement on the fees by then, the international side would decide the rules for foreign defence lawyers on its own, it said in a statement.
"The international judges wish to emphasise that the window of opportunity is closing quickly and they simply cannot allow for endless delays," it said.
The Cambodian Bar Association (CBA) responded by saying the international lawyers would be flouting domestic law, which prohibits foreigners from representing clients in local courts unless they are Bar Association members.
As the court is officially called the "Extraordinary Chambers in the Courts of Cambodia", this rule must apply, the CBA said.
CBA secretary-general Ly Tayseng said his organisation was charging foreigners $500 registration, $2,000 when they were chosen to represent a client and $200 a month in additional fees.
"We are still talking about the fees," Ly Tayseng told Reuters. "We, the Bar, and all Cambodians want the trial to happen to bring justice for the victims."
Even though Phnom Penh and the U.N. agreed to the trials in 2003 and the judges were sworn in last year, wrangling over the nuts and bolts of the court have delayed any charges being filed.
Besides the clock ticking on the trial's budgeted three-year duration, time is also of the essence as many of the Khmer Rouge top command are dead or dying.
"Brother Number One" Pol Pot, presumed architect of the ultra-Maoist regime, died in 1998. His one-legged military chief Ta Mok -- dubbed "The Butcher" for his alleged role in mass internal purges -- died last year.
The main defendants are likely to be "Brother Number Two" Nuon Chea, former foreign minister Ieng Sary, former president Khieu Samphan, and Duch, head of the capital's Tuol Sleng interrogation and torture centre.
16 comments:
It is very surprising to read Ky Tech's comments on the Cambodian Bar and the Extraordinary Chambers during the last weeks. Several times he has made of point of calling the international judges children and accused them of deliberately trying to destroy the Khmer Rouge Trials, but a closer look at his comments and actions shows who the real child is.
Ky Tech has said that foreign lawyers can afford the fee because they will earn 1000.00 a day. Where did he come up with this figure? If the lawyers get paid at the same rate as the prosecutors (which is what ECCC officials have said) the daily rate would be more like 300-400 a day. Is Ky Tech deliberately attempting to exaggerate the figure to gain public support? It certainly seems that way. Meanwhile the fees he is attempting to put in place are ten times higher than any other international or hybrid court and yet he claims to be mystified as to why the international community finds them unacceptable. The fee problem is not only with the foreign lawyers however. In a radio interview last week Ky Tech appeared to say that Cambodian lawyers would also have to pay a non-refundable 'fee' just to have the possibility of working at the court. Where else in the world do accredited members of the Bar have to pay extra entrance fees just to get on a list to possibly work in a court in their own country?
Or how about the international judges request for the Bar to reconsider its position during the past two weeks? Ky Tech did not even attempt to call a meeting of Bar during that time. Why? As far as I can figure out from his comments, he refused to call a meeting because international judges asked him too. What is next? Will he threaten to take all his lawyers and go home unless he gets his own parking space at the court?
And now we have the latest statement from the court in which the international judges give Ky Tech another 3 weeks to reconsider. The reaction? Ky Tech has said again that no one can tell him what to do and therefore he wont budge in his position. Will he hold his breath until he turns blue unless he gets his way? Has he forgotten perhaps that the Bar Council is supposed to make a decision as a group? Why are the other members of the Bar Council putting up with this?
It's time for Ky Tech to stop thinking about money, and start thinking about the people of Cambodia. It's time to grow up.
4:40 PM, You made a good point. It is about time for these stubborn egg heads to think beyond money. The CBA should know that if they could make the rules, they could also amend the rules, say waiving all fees for lawyers who wanted to offer their services free of charge provided that they pass the CBA exam and be accredited to practice is Cambodia.
Who in the world would make a volunteer pay for something he or she does as a public service? These lawyers must be over-trained.
Bullshit, foreign lawyers are filty
riches, and we ain't gonna let them
use our facilities and services
for free. Moreover, we are talking
about a lenghtly (years) trial,
and $5000 aint gonna kill any of
them.
11:57- Ky Tech is that you?
Hey 11:57 what facilities and services are you talking about? These fees don't include any services or facilities... So were is all the money going?
Straight into Ky Tech's pocket?
What kind of justice is that?
Well, okay, if you can do the
tribunal without the court house,
or any of our official documents or
case transcrips, clerical
assistances of any type, then you
don't need to pay for anything,
but that is possible. So pay your
share and stop stalling if you
want to be a part of the tribunal.
hey 10:11, the Bar is not paying for any of that. Its all provided by the ECCC budget. The Bar has nothing to do with it.
So again, where is all the money going? Is the court a personal bank account for Ky Tech or what?
The only one stalling here is Ky Tech. He didn't even call a meeting to let the Bar Council talk about the proposals!! And the internationals are giving him ANOTHER 3 week!? He is lucky they didn't just say the Bar is corrupt and walk out.
first poster had it right. the bar is run by a child who only wants to steal money from the victims of the Khmer Rouges.
You know the sad thing here is that everyone is talking about money and 'rich' foreigners and how much they can be charged. What about the victims? As long as the court makes sure that all the lawyers are registered with some recognized bar and are professional they should be allowed to represent victims with no extra charges.
By trying to profit from this court the Bar is just showing it doesn't care about anyone but itself.
The ECCC never paid a penny into
the Khmer's judicial system, 10:25.
Snap out of it, will ya?
never said they did 12:29. But you said that the Bar helped pay for the building and documents and that is what the 'fees' were for. And that is a flat out lie. The bar contributed zero dollars to the building and zero dollars to the staffing and zero dollars to the files and documents.
So again what are the fees for? Padding pockets and controlling the number of lawyers - that's what they are for.
As for paying the fair share - who do you think DID pay for the building staff and documents at the court? Internationals that who. Even the 'contribution' from the Cambodian government came mostly from international donations so lets just get real.
The international judges want the victims and the accused to have free access to any lawyer they choose so that the court will be free and fair. Ky Tech wants there to be as few lawyers as possible and to charge both Khmer and international lawyers who do take part as much as possible.
No who do you think is acting in the interests of the Cambodian people?
Hey, it is you guys who wanted as
stylish and expensive trial, not
us. If we go by our judicial sytem
the trial would have been done
with already. Does that tell you
who is acting in the interest of
the people?
As for the levy, as I said, it
is not possible to do the tribunal
in isolation. You will used the
bar services ... and the money
will go to the bar to maintaining
it, and yes ultimately, it will
have to pay it out to its workers
and admins. That is how every
work. Am I wrong?
You you are wrong Ky Tech. the international judges think you are wrong. The donor states who are funding the trial think you are wrong. The international bar thinks you are wrong. The local and international NGOs think you are wrong.
Give it up. Stop trying to build your new swimming pool on the backs of the Khmer Rouge victims.
Stylish and expensive trial 2:07? You mean because it includes things like witness protection, equality of arms, transparency, a real defence and international standards?
I guess you are right, compared to how the courts in Cambodia work, this court will be pretty 'stylish'. But then that is the whole point isn't it? Do you want Cambodia to continue to be seen as a backward banana republic?
And it is probably true that left in the normal Cambodian court system it would already be over. And no one would recognize the legitimacy of the 'verdict'. And no record of any proceedings would be available and there would be no defence, the victims would not be satisfied, and once again Cambodian justice would be an international joke.
You really think that is in the best interests of the Cambodian people? Even Hun Sen doesn't agree with you. Stop stooging for Ky Tech and think about the reputation and future of Cambodia's justice system.
Yep, we (khmer) will stand behind
our superior judicial system 100%
despite what you foreigners think
of it.
Go suck an egg or two 10:48AM!
Post a Comment