Lawyers' Fees Dispute for Khmer Rouge Tribunal Resolved

By Rory Byrne
Voice of America
Phnom Penh
01 May 2007

The Cambodian Bar Association and international judges have agreed on the fees to be charged foreign defense lawyers in the coming trials of the former leaders of the Khmer Rouge. A dispute over the fees had threatened to derail the long-awaited trials. Rory Byrne reports from Phnom Penh.

After weeks of behind-the-scenes discussions, the Cambodian Bar Association has agreed to greatly reduce the fees it will charge foreign defense lawyers taking part in the tribunal. The decision opens the way to try former Khmer Rouge leaders, responsible for the deaths of almost two million Cambodians in the late 1970's.

Originally, the bar association had demanded that foreign lawyers pay a fee of $4,900 to join the association.

The tribunal's international judges said the fees were too high and there was a risk of mistrials because defendants could claim they were denied their legal right to the lawyer of their choice. The bar association, however, said the fees were fair in light of the salaries foreign lawyers will earn at the trial.

Now, the bar association has agreed to charge foreign lawyers a fee of $500.

Helen Jarvis is the spokeswoman for the tribunal, officially known as the Extraordinary Chambers in the Courts of Cambodia:

"Lots of people made their opinions known to the bar association, and to other people, both from governments, diplomats, lawyers and NGOs, and many observers seemed to think that the previous fee was too high, and in the end the bar council reconsidered it," she said. "I think that we should accept what they've said, that they believe that it's the best way forward and they don't want to stand in the way."

The international judges have declared they were satisfied with the new charges, which they said would not block international lawyers from registering with the Cambodian bar.

"I think we have to bear in mind that this is a national court and normally in a national court a lawyer would need to be a member of the national bar association and would have to pay a fee, and in different countries that varies, but it's usually some hundreds of dollars," added Jarvis. "So I don't think the $500 is by any means out of sync with normal national fees."

The United Nations, rights groups and the Cambodian government have worked for nearly a decade to create a tribunal to try the Khmer Rouge leaders. Funding shortages and disputes over the composition of the court delayed the effort, leading many activists to fear that the aging Maoists will die before they face justice.

All of the main disagreements have now been resolved. A plenary session to adopt the court's internal rules has been scheduled for the end of May. After that, legal proceedings can begin. However, the first defendant is not expected to appear before a judge until early next year.

Decrease of DK tribunal registration fee for foreign lawyers welcomed

May 01, 2007

The international judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) were pleased to learn the recent decision of the Cambodian Bar Council to institute a flat registration fee of 500 U.S. dollars for all international lawyers appearing before the court, said a statement issued here on Monday.

"The international judges are confident that this fee will not hinder international lawyers, particularly those working in a pro bono capacity, from registering with the Cambodian Bar and taking part in the historic work of the Extraordinary Chambers," said the judges in their statement.

With this decision, the international judges believe that a successful plenary can now be called to adopt the internal rules of the Extraordinary Chambers and this plenary will be held in the last week of May 2007, it said.

"The international judges express their hope that Extraordinary Chambers can move forward without further delay, so as to discharge its historic responsibility to find justice for the Cambodian people," it added.

The Cambodian Bar Council decided on Saturday to lower legal fee for foreign lawyers wanting to take part in the trials of former Democratic Kampuchea (DK) leaders from 2,700 U.S. dollars per person to 500 U.S. dollars.

The United Nations-backed tribunal, led by Cambodian and international judges, was expected to begin trials this year.

DK was widely held responsible for the death of some 1.7 million people in the 1990s.

Source: Xinhua

With Lower Fees, Tribunal Judges Ready to Move Forward

Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
30/04/2007

The UN-appointed judges of the Khmer Rogue tribunal said Monday they were satisfied with new fee requirements for foreign lawyers and were ready to meet with their Cambodian counterparts over rules governing the tribunal.

The Cambodian Bar Association said last week it would lower fees for foreign lawyers to participate in the Extraordinary Chambers in the Courts of Cambodia, the official name of the tribunal, to a one-time $500 registration fee, down from $4,900 annually.

"The international judges are confident that this fee will not hinder international lawyers, particularly those working in a pro bono capacity, from registering with the Cambodian Bar and taking part in the historic work of the Extraordinary Chambers," the UN-appointed judges said in a statement Monday. The international judges have said they were concerned high fees would harm the tribunal's credibility by keeping out some defense lawyers."

With this decision, the international judges believe that a successful plenary can now be called to adopt the internal rules of the Extraordinary Chambers," the judges wrote.

The plenary meeting could take place the last week of May, they said. UN and Cambodian judges have yet to fully agree on the internal rules of the beleaguered tribunal, which has not indicted a single former leader of the Khmer Rouge.

"In the next few weeks, both the national and international judges will have to sit together and make minor changes to the internal rules that they agreed on in March and then send them [for approval] to the 29 judges who were appointed by the king last June," tribunal spokesman Reach Sambath said.

The decision to resume tribunal talks met with approval from diplomats and rights workers. But observers say they worry the long-delayed tribunal could collapse under its own mandated time period.

"We are happy and hope that the Khmer Rouge Tribunal will be able to move forward now that the dispute on the defense lawyers' fee is resolved," said Seng Theary, executive director of the Center for Social Development."

We hope that the proceedings of the ECCC will really begin in earnest in the very near future," US Embassy Spokesman Jeff Daigle said.

U.N. finally sees smooth path to Khmer Rouge trial

Monday, April 30, 2007

PHNOM PENH (Reuters) - International judges on the Khmer Rouge tribunal said on Monday they saw no more barriers to the start of the trial of Pol Pot's top henchmen after the Cambodian Bar Association cut fees for foreign lawyers.

"It was the only obstacle that remained and this has been solved," said French judge Marcel Lemonde in response to the CBA's offer to cut registration fees for foreign defense attorneys to $500 from $4,900.

"Now there is no reason why the process should not move ahead," he told Reuters.

Calling the CBA's initial registration fees excessive, the United Nations-backed international judges boycotted a full session of the court this week at which both sides were due to have agreed on the procedural nuts and bolts of the joint trial.

Court spokesman Reach Sambath said the Cambodian and international judges should now be able to convene towards the end of next month to sign off on the $53 million court's "rules."

Once the rules are agreed, prosecutors will be able to file initial cases against those they deem most responsible for the atrocities of the "Killing Fields," Pol Pot's 1975-79 reign of terror in which an estimated 1.7 million people died.

Likely defendants are "Brother Number Two" Nuon Chea, former Foreign Minister Ieng Sary, former President Khieu Samphan, and Duch, head of the Tuol Sleng interrogation and torture centre in Phnom Penh.

"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.

Khmer Rouge tribunal judges accept fee cut by bar association

Monday April 30, 2007

(Kyodo) - International judges on the Khmer Rouge tribunal expressed satisfaction Monday with the Cambodian Bar Association's decision to cut a controversial fee it imposed on foreign defense lawyers appearing before the court.

The tribunal, officially known as the Extraordinary Chambers in the Courts of Cambodia, released a statement saying the international judges were pleased to learn of the decision by the association to institute a flat registration fee of $500 for all international lawyers.

"The international judges express their hope that Extraordinary Chambers can move forward without further delay, so as to discharge its historic responsibility to find justice for the Cambodian people," it said.

On Friday, the association agreed to slash the fee to $500 from $4,900 after active lobbying by Japan.

The association earlier stated that foreign lawyers could take part in defense work, but only on condition each pays a $500 registration fee, a $2,000 client representation fee, and $200 a month in additional fees.

The international judges protested that the fees would severely limit the number of foreign lawyers who are 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.

In Monday's statement, the international judges also said that a successful plenary session will be called to adopt the international rules of the ECCC, expected to be held in the last week of May.

The plenary session was originally slated to be held this month but boycotted by the judges over the fee row.

The ECCC is a hybrid court being put together by the United Nations and the Cambodian government to try surviving Khmer Rouge leaders over atrocities committed during the Khmer Rouge reign.

Discussions on the special court have dragged on since 1997.

Fee cut welcomed by Khmer Rouge trial judges

30/04/2007
Australian Broadcasting Corporation

A decision to cut fees for foreign defence counsels has been hailed by International judges on the Khmer Rouge tribunal.

The judges say they hope the genocide trials will now progress.

Demands by the Cambodian Bar Association that overseas lawyers pay up to $US4,900 a year to defend former political leaders has stalled for months regulations needed for the trials to take place.

While the Bar refused to abandon the fees, it reduced them Friday to $US500 for the entire period of the trials after weeks of crisis talks with various foreign diplomats.

International jurists, who opposed the high fees, say they hope the tribunal rules could now be adopted by a full plenary of foreign and Cambodian judges at the end of May.

The judges in a statement expressed "their hope that (the tribunal) can move forward without further delay, so as to discharge its historic responsibility to find justice for the Cambodian people."

After nearly a decade of tough negotiations and many setbacks, the first trials of former Khmer Rouge leaders were initially expected this year.

But officials say repeated delays mean they are not likely to start until early 2008.

Pol Pot men to be tried [- How about the ones in power in Phnom Penh?]

April 30, 2007
Reuters

THE Cambodian Bar Association has removed the last barrier to the long-delayed trial of Pol Pot's top surviving henchmen for the "Killing Fields" atrocities.

The United Nations had baulked at the $US4900 ($5920) fee the association wanted to charge foreign defence lawyers, triggering a row that threatened to scuttle the UN-backed trial before it got under way.

"We decided to lower the legal fees to $US500 because we want to see foreign lawyers take part in the Khmer Rouge trials to seek justice for the victims," a spokesman said.

After nearly 10 years of tortuous negotiations, Cambodia and the UN agreed the outline of the joint court and donors gave $US53 million to pay for it.

The trial is expected to last three years.

The main defendants are likely to be "Brother Number Two", Nuon Chea; the former foreign minister, Ieng Sary; the former president, Khieu Samphan; and Duch, head of the Tuol Sleng interrogation and torture centre.

"Brother Number One", Pol Pot, the architect of the ultra-Maoist regime, died in 1998.

Cambodia lowers fees for foreign Khmer Rouge genocide tribunal lawyers

Saturday, April 28, 2007
The Associated Press

PHNOM PENH, Cambodia: The Cambodian Bar Association has decided to substantially lower legal fees for foreign lawyers wanting to take part in the much-delayed Khmer Rouge genocide trials, the association's spokesman said Saturday.

The association denied that its decision was a response to anger over initial fees, which were more than five times higher and had raised concerns that expense would limit defendants' and witnesses' choice of attorneys.

"The decision to lower the fees reflects the true willingness of the Cambodian Bar Association to allow the process of the tribunal to move forward as quickly as possible," Nou Tharith, a bar association spokesman, said at a news conference.

Nou Tharith said any foreign lawyers wanting to represent clients at the trials will now be required to pay only a flat, one-time fee of US$500 (€367).

The amount is a significant reduction from the combined US$2,700 (€1,980) the association had originally demanded. The initial sum included a US$500 (€367) membership application fee, an additional US$2,000 (€1,500) fee once a case was assigned and a US$200 (€150) monthly fee.

Peter Foster, the U.N.-appointed spokesman for the tribunal, said the bar's announcement "seems like a very positive development."

Foster was still waiting for details of the decision to inform the foreign judges, who may respond with a formal statement Monday.

Youk Chhang, director of the Documentation Center of Cambodia, an independent group documenting the Khmer Rouge crimes, said, "It's good that this decision has been made so that there will be no more delay."

The dispute over lawyer fees was the latest obstacle for the U.N.-backed effort to try the Khmer Rouge's few surviving leaders on charges of genocide and crimes against humanity. About 1.7 million people died during the regime's 1975-79 rule.

The tribunal's foreign judges had demanded that the Bar Association reconsider its high fees, which they said would severely limit the right of the accused and witnesses to have lawyers of their choice.

On Saturday, Nou Tharith said the latest decision "will break the stalemate created" by the foreign judges.

Bar Association Lowers Fees for Tribunal's Foreign Lawyers

Mean Veasna, VOA Khmer
Original report from Phnom Penh & Washington
27/04/2007

Click here to listen Q&A with Sok Khemara & Mean Veasna
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In a meeting that ended late Friday, the Cambodian Bar Association voted to drop all fees, save $500 for registration, for foreign lawyers wishing to participate in the Khmer Rouge tribunal, three bar association lawyers said.

Lower fees could pave the way for continued talks over internal rules governing the tribunal, but it was unclear Friday night whether the decision would bring anyone back to the table.

A meeting to discuss those rules was cancelled earlier this month by UN-appointed judges, who said excessive fees for foreign lawyers would taint the tribunal, which has so far failed to indict a single former Khmer Rouge leader.

International judges were not immediately available for comment following the meeting. They canceled an April 30 meeting earlier this month with their Cambodian counterparts, saying they would work around the bar association if it did not relent on its high fees by the end of April.

Cambodian Bar Association President Ky Tech declined to comment on Friday's decision, saying an official statement would be released Saturday.

Observers warn that the much-delayed tribunal could collapse under its own three-year time limit if proceedings do not start soon.

Khmer Rouge Tribunal delays the approval of Internal Rules

25 April 2007
By Huy Vannak
Radio Free Asia
Translated from Khmer by Soheata

The representative of the International judges for the ECCC told RFA on Wednesday afternoon that the obstacle to the functioning of the trial of the former Khmer Rouge leaders, has not been resolved yet.

Judge Marcel Lemonde declared that the obstacle involving the lack of agreement in the fees imposed on foreign defense lawyers, will lead to a delay in the vote for the approval of the tribunal Internal Rules, and will push it to the month of May instead.

Judge Marcel Lemonde said that he is aware of the discussion held between the Cambodian Bar Association (CBA) and Japanese diplomats on the fees for foreign defense lawyers, however he has not yet received any sign or official reply letter yet: “International judges already explained that they will review the plenary session which will be held at the end of April, and if the fees issue will be resolved then, the approval of the Internal Rules will occur immediately in May. I am aware of the CBA meeting on this issue, and we want to know its outcome.”

The latest dispute stems from the fee imposed on foreign defense lawyers amounting to $4,900 per year. This dispute led to an obstacle in the approval of the KR Tribunal Internal Rules, which is needed in the functioning of the tribunal.

International judges are holding onto their position by declaring that they will not be able to approve the Internal rules which date was fixed on 30 April if there is no official agreement on the fees for foreign lawyers.

Dr Lao Mong Hay calls for a cancellation of the Bar fees for foreign lawyers

25 March 2007
By 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.”
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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.