Drop Charges Against Opposition MP and Her Lawyer: HRW

SRP MP Mu Sochua (Center) and Kong Sam Onn (Right), her defense lawyer (Photo: Zakariya, RFA)

15 Jun 2009
Source: Human Rights Watch

(New York) - Cambodia's ruling party should cease its threats, harassment, and spurious legal action against opposition members of parliament and lawyers defending free expression, Human Rights Watch said today.

On June 22, 2009, the National Assembly is expected to decide whether to strip the parliamentary immunity of Mu Sochua, a member of the opposition Sam Rainsy Party (SRP) and one of the assembly's few female members. Stripping Sochua's immunity would allow a criminal defamation case against her to go forward. The case is based on a complaint by Prime Minister Hun Sen of the ruling Cambodian People's Party (CPP), who has also brought defamation charges against her lawyer.

"Hun Sen has a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession," said Brad Adams, Asia director at Human Rights Watch. "This most recent case should be ringing alarm bells among Cambodia's donors, particularly those who fund judicial and legal reform."

On April 23, Sochua and her lawyer announced her intention to file a defamation complaint against Hun Sen for allegedly making derogatory comments about her, accusing her of "inciting" problems and acting like a gangster. Hun Sen responded by filing defamation suits against both Sochua and her lawyer, Kong Sam On.

On June 10, the Phnom Penh Municipal Court dismissed Sochua's lawsuit against the prime minister, claiming that no defamation occurred, while continuing to process his counter-suit against her.

Kong Sam On, one of the few private lawyers in Cambodia willing to represent opposition officials in high-profile court cases, is also being targeted for his involvement in the case. In addition to Hun Sen's defamation suit against him, Hun Sen's lawyer, Ky Tech, has filed a complaint with the Cambodian Bar Association accusing Kong Sam On of violating the lawyers' code of ethics.

The supposedly independent Bar Association has historically been subject to interference by senior government officials. In 2005, for example, the politically controlled court system overturned the election of an independent candidate as president of the Bar Association, who was replaced by Ky Tech, the government-backed candidate.

"Kong Sam On faces being suspended or even disbarred for simply representing the interests of his client," said Adams. "This will have a chilling effect on Cambodia's legal profession and the willingness of lawyers to represent the opposition party or other people who file complaints against government officials."

Other SRP members of parliament may also be under threat. Since late April when Sochua filed her lawsuit, government and ruling party officials have filed a series of lawsuits against individuals affiliated with the SRP. These include a defamation suit by the Phnom Penh Municipal Governor against party leader Sam Rainsy; a suit by a group of military officers against SRP parliamentarian Ho Vann, alleging defamation and incitement; and a suit by Deputy Prime Minister Sok An against Heng Chakra, editor of an SRP-affiliated newspaper, alleging incitement.

Opposition figures convicted on politically motivated charges after their parliamentary immunity was lifted include Cheam Channy, an SRP member convicted in a biased trial in 2005 on unsubstantiated charges of creating a rebel army, and Sam Rainsy himself the same year for allegedly defaming government leaders.

"These lawsuits are a clear attempt to intimidate the opposition and prevent members of parliament from exercising free expression," said Adams. "Even by Cambodian standards, the state of freedom of expression and democratic rights is growing more fragile by the day."

Mu Sochua: If the court tries me, it should try Hun Sen also

03 June 2009
By Zakariya
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

Mrs. Mu Sochua, SRP deputy Secretary-general and MP for Kampot province, told reporters in front of the Phnom Penh municipal court on 03 June that if the court bring her to trial, she also asks that the court brings the prime minister to trial also in order to show the court transparency.

Mrs. Mu Sochua made this statement after Sok Roeun, the deputy prosecutor of the Phnom Penh municipal court, questioned her and her defense lawyer for more than 3 hours regarding the lawsuit brought up by Ky Tech, Hun Sen’s defense lawyer, accusing Mu Sochua of defamation.

Mrs. Mu Sochua asked that the prime minister come to face the court just like her.

“The law does not have any special stipulation regarding the trial for a MP, or a simple citizen, or a prime minister. I am saying that, if we are responsible, as the prime minister used to say that he brave, then he should come [to the court] with me!” Mu Sochua said.

Mrs. Mu Sochua also indicated that she had no concern about the lifting of her immunity, but she asked that the deputy prosecutor provides justice according to the law. “I ask Mr. Kong Sam Onn to remain as my defense lawyer. If Mr. Kong Sam Onn is no longer my lawyer, I cannot find another lawyer!” she said.

On 03 June, RFA was unable to reach Ky Tech, Hun Sen’s lawyer, to obtain his comment on this issue.

On his end, Sok Roeun, the deputy prosecutor, declined to comment about this affair, claiming that he is busy, however, he indicated that Mrs. Mu Sochua did clarify all his questions already.

Mu Sochua sued prime minister Hun Sen at the Phnom Penh municipal court on 27 May. She accused him of defamation and asked 500 riels ($0.13) in damage compensation after Hun Sen discussed openly in Kampot in May about a “Cheung Khlang” (strong leg, or thug) woman who likes to create trouble, Hun Sen claimed that this woman went to hug someone and then accused that person of unbuttoning her blouse.

After Mu Sochua sued him, Ky Tech, Hun Sen’s government lawyer, countersued Mu Sochua, asking for 10 million riels ($2,500) in compensation. In addition, Ky Tech also sued Mu Sochua’s defense lawyer and he asked the Cambodian Bar Association (CBA) to kick the latter out of the CBA. Ky Tech accused Kong Sam Onn of defending a politician and he participated in a press conference with a politician. Ky Tech claimed that Kong Sam Onn’s actions violate the CBA regulation.

Kong Sam Onn said that, regarding Ky Tech’s complaint against him to the CBA, there was no issue in there that indicates he violated the CBA professional code of ethics. Kong Sam Onn added: “There is no summon nor invitation sent to the accused [Hun Sen] implicated in the lawsuit I brought up [on behalf of Mu Sochua] to come and clarify the prosecutor. However, in the lawsuit brought by lawyer Ky Tech [on behalf of Hun Sen] against me and H.E. Mu Sochua, we already provided our clarifications.”

Mu Sochua indicated also that, up to now, there is no charge brought up against her by the court yet, it only asked her to come in to provide clarifications.

"If Kong Sam Onn is punished, my stance must be to defend him on behalf of other lawyers": Bar inspector Hem Socheat

No show by Bar panel members stalls probe into opposition lawyer

Tuesday, 26 May 2009
Written by Meas Sokchea
The Phnom Penh Post

Inspector says he wants no part in review of SRP lawyer Kong Sam Onn, who is fighting charges he breached Bar ethics in lawsuit against PM.

SAM Rainsy Party lawyer Kong Sam Onn appeared before an inspection team at the Cambodian Bar Association for the first time Monday as part of an investigation into accusations that he breached the Bar's professional code of ethics.

Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation lawsuit against Prime Minister Hun Sen, was himself accused of defamation by Hun Sen's lawyers following comments he made at a press conference on April 23.

"IF KONG SAM ONN IS PUNISHED, MY STANCE MUST BE TO DEFEND HIM..."

But the hearing at the Bar Association's Phnom Penh office was postponed when two of the five-member inspection team failed to show up, with one absent lawyer saying he did not want to participate in the investigation.

Lawyer Hem Socheat, a member of the inspection team who was absent, told the Post that Kong Sam Onn had done nothing wrong, and that he did not want to sit on the review panel.

"I tried to escape getting involved with the investigation into his case two or three times but they still tried to call me," he said.

"If Kong Sam Onn is punished, my stance must be to defend him on behalf of other lawyers."

During the aborted meeting, at which he was to answer questions relating to the case, Kong Sam Onn said he hoped the Bar would judge him fairly and that Hun Sen's involvement would have no impact on the case.

"I think that the Bar will decide my case legally if there's no pressure from politicians. I didn't do anything illegal, and the Bar will rule properly if there is no pressure," he said.

Once the inspection team finishes its work, it will send its report to the 19-member Bar Council to make a final ruling on the case. If found guilty of misconduct, Kong Sam Onn faces dismissal from the Bar.

Battle in the courts

Mu Sochua is suing Hun Sen for comments he made during a speech in Kampot province on April 4.

The opposition party leader says Hun Sen referred to her as cheung klang - a term meaning "strong legs" in Khmer, but which she says is derogatory when used to describe women.

In response, Hun Sen is countersuing for defamation, saying his remarks did not refer to Mu Sochua.

The SRP lawmaker and her lawyer have since received support from abroad in their clash with Hun Sen.

In a letter to Bar President Chiv Song Hak dated Thursday, Lawyers' Rights Watch Canada, a Vancouver-based NGO, said: "We wish to offer our moral support to the Bar Association ... in fulfilling its function to uphold and defend the independence of the legal profession."

"We sincerely and respectfully hope that the [Bar Association] and its Disciplinary Council will not be used inappropriately."

Bar spokesman Ly Tay Seng could not be reached for comment Monday.

SRP lawyer to appear at inspection panel ahead of Bar ruling

Monday, 25 May 2009
Written by Cheang Socka
The Phnom Penh Post

Kong Sam Onn faces accusations he acted unethically in lawsuit against PM Hun Sen.

THE lawyer of opposition Sam Rainsy Party lawmaker Mu Sochua is to appear before an inspection team at the Cambodian Bar Association today, accused of violating its code of legal ethics.

Kong Sam Onn said that he received a letter from the inspection team Friday, asking him to meet the panel Monday.

"I will go to meet them as scheduled," Kong Sam Onn said Sunday. "They told me that I am accused of defaming Prime Minister Hun Sen."

Kong Sam Onn, who is representing Mu Sochua in her defamation lawsuit against Prime Minister Hun Sen, was himself accused of defamation by Hun Sen's lawyer after making comments about the case at a press conference April 23. If found guilty by the Bar, he faces possible disbarment.

Bar Association President Chiv Song Hak said he had ordered the inspection team to hand over its report of the investigation to the Bar Council by Monday, although it is not clear if the team will meet its deadline.

"As according to procedure, the Bar will look into the reports first before calling its 19 council members to make a ruling," he said.

Hun Sen's lawyer Ky Tech, who filed the complaint against Kong Sam Onn, said he had not received any information about the current investigation and was waiting to see the decision.

Mu Sochua is suing Hun Sen for comments he made during a speech in Kampot on April 4, which she says refers to her as cheung klang, a phrase that translates as "strong legs".

Mu Sochua says the term has derogatory connotations when applied to women. In response, Hun Sen is countersuing Mu Sochua for defamation, claiming his comments did not refer to her.

CBA starts investigating on Kong Sam Onn based on Hun Sen’s lawyer complaint

19 May 2009
Everyday.com.kh
Translated from Khmer by Socheata

Chiv Song Hak, president of the Cambodian Bar Association (CBA), indicated on 18 May that the CBA had already decided to form a review committee to look and investigate into the case of Kong Sam Onn, SRP MP Mu Sochua’s lawyer, based on a complaint made by Ky Tech, the former CBA president and current government lawyer representing Hun Sen. Ky Tech complained to the CBA that Kong Sam Onn violated the lawyer’s ethics. Ky Tech used to tell news media that Kong Sam Onn violated the professional ethics when he publicly commented on the case brought up by his defendant, Mrs. Mu Sochua, against Hun Sen when she did not formally file her complaint with the court yet. Kong Sam Onn is Mrs. Mu Sochua’s lawyer in her defamation lawsuit against Hun Sen. According to Chiv Song Hak’s claim, the CBA initiated its investigation since yesterday (Monday). The CBA will start its investigation by researching documents related to Ky Tech’s complaint. The CBA review committee will consist of 4 members, and its work will last about one week. Kong Sam Onn said that the CBA did not inform him yet about this case. However, Kong Sam Onn used to declare that he is very concerned about his professional license when he has to confront such a complaint from the lawyer of Cambodia’s Strongman.

CBA = (Hun Sen's) Controlled (Monkey) Bar Association?

Ky Tech, Hun Sen's lawyer and former controversial president of the CPP-controlled (Monkey) Bar Association

Bar panel to begin review of SRP lawyer

Monday, 18 May 2009
Written by Cheang Sokha The Phnom Penh Post

THE Cambodian Bar Association will decide this week whether to suspend or disbar Sam Rainsy Party lawyer Kong Sam Onn, accused of violating the organisation's professional code of ethics, the Bar's president said Sunday.

Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation lawsuit against Prime Minister Hun Sen, was himself accused of defamation by one of Hun Sen's lawyers after making comments about the case at a press conference April 23.

Bar Association President Chiv Song Hak said a special inspection team would convene today to investigate the allegations against Kong Sam Onn.

At that point, the panel would send its report to the Bar and then the organisation would call its 19 council members to meet before making a decision on the case, which has been criticised by legal experts who say it is an example of government interference in the courts.

When contacted Sunday, Kong Sam Onn said that the inspection team has not yet contacted him for questioning. But he argued that the complaint against him is groundless.

"In general, the inspection team is independent, but I am concerned about the individuals involved in the case," he said.

"According to the law, I committed no misconduct with the code of ethics and there is no specific accusation."

Hun Sen's lawyer Ky Tech, a former president of the Bar who brought the complaint against Kong Sam Onn, said he was interested in the outcome of the investigation, adding that he expected the inspection panel to report its findings to the Bar council by Thursday.

Sacrava's Political Cartoon: The Wolf and The Lamb

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

Sacrava's Political Cartoon: The Bar Association

Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)

CAMBODIA: The Bar Association must not be an instrument to curtail professional freedom

FOR IMMEDIATE RELEASE
AHRC-STM-100-2009
May 8, 2009

A Statement by the Asian Human Rights Commission

The international norms and standards relating to the legal profession require that the lawyers could practice their profession without fear and intimidation. The professional rights of the lawyers have been recognised globally. The lawyers in Cambodia have the same status and the rights as their counterparts in other countries. The exclusive purpose of a Bar Association is to protect the independence and the integrity of the legal profession. Above all, the Bar must protect the lawyers from interferences by the executive. A recent case against Kong Sam Onn where an investigation against him has started by the Bar Association of Cambodia regarding acts he did in relation to his professional duties raise concerns about the threats to the legal profession in the country.

On 23 April, Kong Sam Onn, a lawyer, was present at a news conference where his client, Mu Sochua, a female Member of Parliament (MP) for the opposition Sam Rainsy Party, announced her defamation lawsuit against Prime Minister Hun Sen. She alleged derogatory remarks made against her in a public speech in Kampot province in early April. In that speech Hun Sen called an unnamed woman "cheung klang", a Khmer phrase (literally strong leg) meaning "gangster", and said that she had embraced an army officer and sued him afterwards. Mu took these together with other remarks as targeting her, not any other woman, as they matched her status and activities.

Several days later, on 27 April, Hun Sen countersued Mu and her lawyer Kong Sam Onn for their respective alleged defamatory remarks made against him during a news conference.

Hun subsequently called for the suspension of Mu's parliamentary immunity so that the courts could prosecute her. He was confident that this suspension would be "as easy as ABC", while his own suspension would be unlikely as his party has an overwhelming majority in Parliament. This call has been viewed as a threat to and intimidation against the opposition MP.

Several days later, on 30 April, Hun Sen's lawyer, Ky Tech, filed a complaint with the Bar Association of the Kingdom of Cambodia against Kong. It was lodged for the latter's remarks against Hun Sen during and after the news conference together with his alleged violation of the code of ethics for lawyers. Ky's complaint has prompted action by the Bar due to his influence as their former president and a government lawyer. The Bar has started its investigation which could lead to a range of disciplinary actions including Kong's debarment, which has already been mentioned. Chiv Senghak, the current President of the Bar, said that Kong could receive a warning, have his license suspended, or be debarred as a legal professional altogether. But Chiv did not prejudge the outcome; it would be up to the decision of the Bar's Disciplinary Council.

Kong has maintained that his remarks are not defamatory. He has made them in the defense of his client in his capacity as a lawyer and has not violated in any way the code of ethics for lawyers. During the news conference on 23 April, he said that his client Mu Sochua was the target of Hun Sen's derogatory remarks even though Hun Sen did not name her specifically. To pretend otherwise would be a "cowardly act", he asserted. He called Hun Sen's remarks insulting and inappropriate. He urged Hun Sen to imitate the Thai foreign minister who had apologized to Hun Sen, roughly a month previously. After that minister had called Hun Sen "nak leng", an appreciative Thai phrase meaning "lion-hearted and courageous" but with its derogatory Khmer equivalent meaning of "gangster".

Such remarks by Kong against Hun Sen do not seem to be specifically proscribed by the Law or the Bar Association of the Kingdom of Cambodia of 1995 or by the Code of Ethics for Lawyers which the Bar had issued in the same year.

Ky's complaint and the Bar's subsequent action together with Hun Sen's lawsuit were probably meant to serve as a threat and to intimidate Kong, a lawyer who had the audacity to make unpleasant remarks against the Prime Minister, known as "the Strongman of Cambodia". If tolerated, such a threat and intimidation would further enhance the known government control of the legal profession, undermine the independence of the Bar which is clearly stipulated under Article 1 of the Law on the Bar, and also prevent lawyers from playing their role as officers of the court.

At the individual level, the Bar's investigation into the defamation complaint against Kong, its outcome, and the action eventually taken against Kong Sam Onn are very much prejudicial to his case in court where he is facing the same charge. The plaintiff will use them in court to support the charge against him thereby swaying the court's decision against him. All these developments, beginning with Ky Tech's complaint with the Bar, will further reduce the chance of Kong having a fair trial with courts already under executive control.

The Asian Human Rights Commission (AHRC) urges the Bar Association of the Kingdom Cambodia to ensure that the lawsuit and the complaint against Kong Sam Onn will not have any negative consequence on the independence of the legal profession and his case in court. It should uphold this independence and withstand any external pressure. The Bar, with regard to Kong's case, should hold its investigation in abeyance, if such an investigation is called for, until the court has adjudicated the defamation lawsuit against him. As a matter of urgency, it should set out to ensure that Kong, a member of the Bar, has a fair trial in court.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.