Lawyers Say They Are ‘Free’ To Defend
By Men Kimseng, VOA Khmer
Original report from Washington
28 July 2009
Opposition lawmaker Mu Sochua faced the court over her defamation suit with the prime minister on Friday without a lawyer. After her first attorney quit—facing defamation charges himself—she was unable to find another, she said, due to “political pressure.”
Cambodian lawyers say they are free to represent the clients they want, but Mu Sochua’s case has underscored the entanglement of politics and the court that critics say stops the judiciary from being independent.
“There is no problem as long as the client approaches us,” said Cambodian attorney Poeung Thida. “We just pick up a client we feel we want to defend. If we don’t want it, we just don’t take the case. This is our free will.”
In Mu Sochua’s case, her first attorney, Kong Sam Onn, quit after he was countersued by Prime Minister Hun Sen and was put under investigation by the country’s bar association. His case was dropped after he apologized to Hun Sen. (Kong Sam Onn declined to comment, saying he left because of a “personal issue.”)
Mu Sochua defended herself with a brief statement to the court, in a case that is to be decided on Aug. 4.
Chiv Song Hak, president of the 647-member bar association, said lawyers in the country have “enough freedom” to make their own choices.
“The law does not restrict them to only representing this client and not the other,” he said. “Our code of conduct only states that a lawyer has the right to decline a client they don’t want to represent.”
Mu Sochua, a US-Cambodian citizen and deputy secretary-general for the Sam Rainsy Party, said she did not agree.
“How can a lawyer do his job if they still feel scared?” she asked. “They still feel that they will become a victim like my lawyer, Kong Sam Onn. I see that professional lawyers are vulnerable to political pressure.”
Mu Sochua had also sought legal counsel from the Cambodian Defenders Project, but the head of the organization, Sok Sam Oeun, said his group defends the poor.
“She has enough money to hire a lawyer,” he said of Mu Sochua. “And so far as I know, there are many lawyers in the Sam Rainsy Party. To say that there is no lawyer willing to represent her is unreasonable.”
Cambodian lawyers say they are free to represent the clients they want, but Mu Sochua’s case has underscored the entanglement of politics and the court that critics say stops the judiciary from being independent.
“There is no problem as long as the client approaches us,” said Cambodian attorney Poeung Thida. “We just pick up a client we feel we want to defend. If we don’t want it, we just don’t take the case. This is our free will.”
In Mu Sochua’s case, her first attorney, Kong Sam Onn, quit after he was countersued by Prime Minister Hun Sen and was put under investigation by the country’s bar association. His case was dropped after he apologized to Hun Sen. (Kong Sam Onn declined to comment, saying he left because of a “personal issue.”)
Mu Sochua defended herself with a brief statement to the court, in a case that is to be decided on Aug. 4.
Chiv Song Hak, president of the 647-member bar association, said lawyers in the country have “enough freedom” to make their own choices.
“The law does not restrict them to only representing this client and not the other,” he said. “Our code of conduct only states that a lawyer has the right to decline a client they don’t want to represent.”
Mu Sochua, a US-Cambodian citizen and deputy secretary-general for the Sam Rainsy Party, said she did not agree.
“How can a lawyer do his job if they still feel scared?” she asked. “They still feel that they will become a victim like my lawyer, Kong Sam Onn. I see that professional lawyers are vulnerable to political pressure.”
Mu Sochua had also sought legal counsel from the Cambodian Defenders Project, but the head of the organization, Sok Sam Oeun, said his group defends the poor.
“She has enough money to hire a lawyer,” he said of Mu Sochua. “And so far as I know, there are many lawyers in the Sam Rainsy Party. To say that there is no lawyer willing to represent her is unreasonable.”
25 comments:
Hey! you fucking khmer lawyers.You knew if you go against the big shot like HUN SEN ,you'll be in deep shit.You have no free will.
Hey, Sok Sam Oeun! You are so!!! stupid. You work for a Cambodian Dictator, so you have to say the crazy thing.
Come on wake up, Why you support the killer. He can only kill khmer but not Thai & Viet.
Dictator will ruin by itself.
If this isn't an example of licking ass, then I'll eat my hat.
Sok Sam Oeun, you are working for the NGO, yet you still don't want to face with Hun Sen. I understand as long as you are in Cambodia, you will think about your safty first. You're not different from the other lawyers. So just shup up! Don't try to say something to save your face. Everyone knows that you guys won't take risk to against Hun Sen.
This is "Thida in The Wonder Land."She doesn't know what's she doing. She shouldn't say anything in this case and she's better keep her mouth shut. She needs to work very hard in order to make her court system works.
Cambodia Town
Long Beach, Ca
Sam Rainsy President of SRP is changing his political landscape, tactic, there is not too soon; by the way, we can restore Ho Van MP immunity if he write an apologize letter to our top 22 general. Therefore, I urged the appeal court to review the case of Hang Chakras carefully(Machras Srok Publisher) to avoid jail time, but fine OK.
New Phally
Secretary of state for Ministry of Interior and Adviser for First Vice President National Assembly
Stupid New Phally comes again, man!
How can you be a secretary of State, man? And why the First Vice President of the National Assembly accepts you to be his adviser if your idea sounds stupidly?
Oh! I forgot Mr. Ngoun Nhel is also a stupid man. He's got this position because of nepotism as well.
សិមសោភា
The poor people cases will not be taken by lawyers if against strong devils. The lawyer don't dare to use laws. They gonna ruine themself from now on in the felling of the people. We poor people still like to execute out of legal way.
Mr. New Phally,
You listed your position as a Sec. of State of something, and you reside in the US. Do you have somebody to help you to write or to correct your English before you post? You have to learn to act or behave as a true professional, and the true professional must not accuse others if you are not sure. Furtheremore, the true professional must address everyone by Title or Mr. or Mrs. even if that person is homeless.
See the correction below.
[[Mr. Sam Rainsy, President of SRP appears to change his political strategies. Whatever it is, I think if Mr. Ho Van writes apology letters to our top 22 generals, he may be able to avoid going to prison, but he may be allowed to pay the fine.
I also urge the appeal court to
to carefully review the case of Mr. Hang Chakras(Machras Srok Publisher) and he too should be allowed to pay the fine instead of imprisonment.]]
Mr. New Phally,
I only wrote simple English sentences so you can easily understand. I want you to do well, and I am sure you will. You seem to be a smart person, just need guidance.
Good luck
Stu of Astronomy (UVa)
"... but Mu Sochua’s case has underscored the entanglement of politics and the court that critics say stops the judiciary from being independent."
Isn't it up to the judiciary themselves to remain independent and resist pressure that would 'stop it from being independent'?
If someone holds a gun to your head and says, "you are free to walk out the door, but if you do, I will shoot you." Is there really a choice?
It is a false choice. It is not freedom. Cambodian lawyers do not have a real choice and they do not have real freedom.
The justice for disgrace Mu Sochua, SRP and its stupid supporters want, is the Court gives the verdict what they requested. The so called she asked the Court to judge the case according to the spririt of the laws is just her pretext to cover up her political stunt. Having said that if on 04 August 2009, the Court found the disgrace Mu Sochua not guilty, SRP and its supporters will applause that the Court is independent and impartial, by contract, if the same Court found the disgrace Mu Sochua guilty and sends her to jail, SRP and its supporters will point their fingers blame to the Court. So, what is justice that SRP and thick face Mu Sochua want??? However, the Court is not going to give the verdict to please SRP or disgrace Mu Sochua, but the Court will judge her according to the Cambodian laws. Like it or not disgrace Mu Sochua, SRP and its supporters have to cope to live with it.
Khmer Australian
ខ្ញុំបាននិយាយហើយលោកសំរង្សីមិនដែលជួយ
សមាជិករបស់គាត់ទេ!គាត់បានតែពីក្រៅទេដល់សង្វៀនរត់ចោលគ្នា។
កុំចង់ឈ្នះបក្សប្រជាជនឲ្យសោះនេះសំណាងហើយដែលគណបក្សប្រជាជនឲ្យអ្នកប្រឆាំងនៅស្រុក
បើគណបក្សមិនឲ្យនៅស្រុកតើលោកសមរង្សី
ហានធ្វើអ្វីដល់គណបក្សប្រជាជន?គណបក្សប្រជ
ជនមានអ្វីៗគ្រប់យ៉ាងទាំងអស់រាប់ទាំងយោធាផង។
we right they fight.......
Ah.me jumkourt Khmer who lives in Australia. Why don't you just shut your stupid mouth and focus in school? What do you study? Fucking stupid?
To the guy or girl who posted in 1:12PM (Khmer Australian).
If you do have a good education from a good school you will be a rational debater, but your irrational explanation does not seem to be, though you can write some English.
New Phally cannot write English and his post makes him like he is an annocence person. It is hard to figure out who is who nowsday.
I think New Phally wants to write his opinions for the Hun Sen's court not his order to Hun Sen's court. New Phally has no authority to give an order to Hun Sen's court.
I think New Phally should post like this:
"Mr. Sam Rainsy, President of SRP appears to change his political strategies. Whatever it is, I think if Mr. Ho Van writes apology letters to our top 22 generals, he may be able to avoid going to prison, but he may be allowed to pay the fine.
I also THINK that the appeal court should be carefully review the case of Mr. Hang Chakras(Machras Srok Publisher) and he too should be allowed to pay the fine instead of imprisonment. That's my opinion."
Khmer Australian is the most stupid people on earth. Don't you get that the law in Cambodia is still the law of the jungle. You need to go back to school to learn more English in order to avoid your big confusion. Stupid as stupid does. That's all folks.
This lady Mu Sochua is a trouble maker, she causing too much problem against Samdech Hun Sen. I wish Samdech would have chased her out and demoted her. She knows she can gets backup from the people who on her side. Mrs. Mu Sochua, please stop fighting, filing complaint against Samdech Hun Sen. I am so sick and tired of you, I would never and ever read your compliant case, however I heard your complaint case months ago and it is useless.
I wish one of you forward my comment to this Lady. Thanks
Angkorian Man or Krama Man
Mr. Angkorian Man or Mr.Krama Man,
If you 're tired of hearing about Mr. Mu Sochuar's case, you need to go hiding in a cave of Phnom Koulen or shut your mouth up and become "a hermit." Perhaps your voice is useless.
New Plally was a "sleep-waker" while he wrote that statement from Long Beach to Cambodia.
Attorney Poeung Thida is the first attorney woman who smells Prey Sar that's why she defends herself in the first place. It is not clear to me what's kind of clients that she feels to serve. Your name is not on my list in case I need a lawyer.
Democratic Kampuchea Pol Pot Khmer Rouge Regime had committed:
Tortures
Executions
Massacres
Atrocities
Crimes Against Humanity
Starvations
Overwork to Death
Slavery
Rapes
Human Abuses
Assault and Battery
Cambodian People's Party Hun Sen Khmer Rouge Regime had committed:
Assassinations
Assassinate Journalists
Assassinate Political Opponents
Murders
Killings
Extrajudicial Execution
Grenade Attack
Terrorism
Drive by Shooting
Tortures
Intimidations
Death Threats
Threatening
Human Abductions
Human Rights Abuses
Human Trafficking
Drugs Trafficking
Under Age Child Sex
Corruptions
Bribery
Illegal Mass Evictions
Illegal Land Grabbing
Illegal Firearms
Illegal Logging
Illegal Deforestation
Illegally use of remote detonation on Sokha Helicopter, while Hok Lundy and others military official on board.
Illegally Sold State Properties
Illegally Remove Parliamentary Immunity of Parliament Members
Plunder National Resources
Acid Attacks
Turn Cambodia into a Lawless Country
Oppression
Injustice
Steal Votes
Bring Foreigners from Veitnam to vote in Cambodia for Cambodian People's Party.
Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
Abuse of Power
Abuse the Laws
Abuse the National Election Committee
Abuse the National Assembly
Violate the Laws
Violate the Constitution
Violate the Paris Accords
Impunity
Under Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed all of these crimes above within Hun Sen Khmer Rouge government have ever been brought to justice.
3:15am
Your comment is too long but meaningless. What do you tried to say?
Well, Khmer in Cambodia as well as Khmer in overseas have freedom of speech and freedom in supporting any political party in Cambodia, but SRP and its stupid supporters think otherwise. Any Khmer who support its self name party, they will applause that you are Khmer and a good person, by contrast, if the same person chose to support the CPP, SRP will brand that person that you are not Khmer or whatever they like to accuse. That is the pattern of the thick face group and the loser party.
Khmer Australian
To supporters of
(Cambodian People's Party
Hun Sen Death Squad
Khmer Rouge Regime).
Please do me a favor, don't ever tell anyone that you are Khmer, because you make Khmer peoples look bad.
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