Showing posts with label Hun Sen's lawyer. Show all posts
Showing posts with label Hun Sen's lawyer. Show all posts
Saturday, July 17, 2010
It was Hun Xen's lawyer who asked the court to impound Mrs. Mu Sochua's salary to deflect her imprisonment
Report by Yun Samean, Radio Free Asia
Video by Uon Chhin
Sunday, November 29, 2009
Shock Khmer Rouge plea highlights political battle
Sunday, November 29, 2009
By Didier Lauras
AFP
By Didier Lauras
AFP
PHNOM PENH — A last-minute bid for release by Khmer Rouge jail chief Duch has underscored deep rifts between foreign and Cambodian staff that threaten the UN-backed court, officials and diplomats said.
Duch's defence strategy imploded on the final day of his trial Friday, when he suddenly demanded his release after months of admitting responsibility. Then his international and local lawyers put forward opposing arguments.
French counsel Francois Roux asked judges to consider Duch's remorse in a bid to reduce a possible 40-year sentence. But his Cambodian colleague Kar Savuth said the court was not competent to hold the trial.
"There are, in Cambodia, a number of people who do not want this court," Roux told AFP, hinting that the strategy of his colleague, the lawyer of Cambodian Prime Minister Hun Sen, was motivated by political objectives.
The same criticism has been heard from prosecutors, judges and diplomats since the tribunal was created in 2006 as a final chance for justice for victims of the communist regime that killed up to two million people in the late 1970s.
Cambodian and international prosecutors have openly disagreed whether the court should pursue more suspects, while the Cambodian investigating judge has refused to summon high-ranking government officials as witnesses.
Hun Sen himself said in March that he would "prefer for this court to fail" than see further prosecutions that could stoke civil strife.
Asked recently about the possibility of opening further cases, a senior government official told AFP: "These are decisions taken by people who understand nothing about Cambodia."
The disharmony predated the court's creation, recalls David Scheffer, a former US ambassador who took part in the lengthy negotiations to set up the tribunal.
"This is what's unique about it. But that does not mean it is not workable. We just need to accept that there is a certain amount of discord," Scheffer said.
The issues run deep. How many former Khmer Rouge cadres should be brought to trial? Who should the witnesses be?
And how to attribute blame when several senior regime members are back in positions of influence -- not least Hun Sen, who defected in 1977 to join Vietnamese-backed anti-Khmer Rouge forces?
"The former Khmer Rouge people are not only in the jungle. They are in power now," said Thun Saray, the head of ADHOC, a Cambodian human rights organisation.
Unlike other international tribunals, the Extraordinary Chambers in the Courts of Cambodia functions under local laws, with the United Nations playing only a supporting role.
"The UN are invited here, we have a very weak mandate," said Knut Rosandhaug, the court's deputy director for administration.
"We have a parallel structure with a dual management. There are two bosses in each and every office," the Norwegian said.
"This is OK if the two brains think the same but if they don't, it can get sometimes complicated to make it work."
The 67-year-old Duch -- a former mathematics teacher whose real name is Kaing Guek Eav -- is accused of overseeing the deaths of 15,000 people at a notorious torture centre. He is set to be sentenced by March 2010.
In its second case, the court is due to deal with four detained senior Khmer Rouge leaders including the regime's "Brother Number Two", Nuon Chea. All protest their innocence and their lawyers are gearing up to fight hard.
Further cases involving five suspects who are under preliminary investigation have barely begun.
More than ever, said Scheffer, it is the Cambodians who are in control.
"It's up to the Cambodian society to decide who to reach beyond these (five) people," he said.
Kar Savuth told the court last week that "only the senior leaders of the Khmer Rouge regime and those most responsible would be brought to trial".
He then reeled off a list of 14 people, 11 of whom are dead.
Duch's defence strategy imploded on the final day of his trial Friday, when he suddenly demanded his release after months of admitting responsibility. Then his international and local lawyers put forward opposing arguments.
French counsel Francois Roux asked judges to consider Duch's remorse in a bid to reduce a possible 40-year sentence. But his Cambodian colleague Kar Savuth said the court was not competent to hold the trial.
"There are, in Cambodia, a number of people who do not want this court," Roux told AFP, hinting that the strategy of his colleague, the lawyer of Cambodian Prime Minister Hun Sen, was motivated by political objectives.
The same criticism has been heard from prosecutors, judges and diplomats since the tribunal was created in 2006 as a final chance for justice for victims of the communist regime that killed up to two million people in the late 1970s.
Cambodian and international prosecutors have openly disagreed whether the court should pursue more suspects, while the Cambodian investigating judge has refused to summon high-ranking government officials as witnesses.
Hun Sen himself said in March that he would "prefer for this court to fail" than see further prosecutions that could stoke civil strife.
Asked recently about the possibility of opening further cases, a senior government official told AFP: "These are decisions taken by people who understand nothing about Cambodia."
The disharmony predated the court's creation, recalls David Scheffer, a former US ambassador who took part in the lengthy negotiations to set up the tribunal.
"This is what's unique about it. But that does not mean it is not workable. We just need to accept that there is a certain amount of discord," Scheffer said.
The issues run deep. How many former Khmer Rouge cadres should be brought to trial? Who should the witnesses be?
And how to attribute blame when several senior regime members are back in positions of influence -- not least Hun Sen, who defected in 1977 to join Vietnamese-backed anti-Khmer Rouge forces?
"The former Khmer Rouge people are not only in the jungle. They are in power now," said Thun Saray, the head of ADHOC, a Cambodian human rights organisation.
Unlike other international tribunals, the Extraordinary Chambers in the Courts of Cambodia functions under local laws, with the United Nations playing only a supporting role.
"The UN are invited here, we have a very weak mandate," said Knut Rosandhaug, the court's deputy director for administration.
"We have a parallel structure with a dual management. There are two bosses in each and every office," the Norwegian said.
"This is OK if the two brains think the same but if they don't, it can get sometimes complicated to make it work."
The 67-year-old Duch -- a former mathematics teacher whose real name is Kaing Guek Eav -- is accused of overseeing the deaths of 15,000 people at a notorious torture centre. He is set to be sentenced by March 2010.
In its second case, the court is due to deal with four detained senior Khmer Rouge leaders including the regime's "Brother Number Two", Nuon Chea. All protest their innocence and their lawyers are gearing up to fight hard.
Further cases involving five suspects who are under preliminary investigation have barely begun.
More than ever, said Scheffer, it is the Cambodians who are in control.
"It's up to the Cambodian society to decide who to reach beyond these (five) people," he said.
Kar Savuth told the court last week that "only the senior leaders of the Khmer Rouge regime and those most responsible would be brought to trial".
He then reeled off a list of 14 people, 11 of whom are dead.
Wednesday, May 27, 2009
Ky Tech, Hun Sen's lawyer, wants a compromise in an unfair case?
Ky TechPM's lawyer says he will withdraw suit if Bar punishes Kong Sam Onn
Wednesday, 27 May 2009
Written by Meas Sokchea The Phnom Penh Post
LAWYER Ky Tech, who is representing Prime Minister Hun Sen in his lawsuit against Sam Rainsy Party official Mu Sochua, said he would be willing to drop a separate suit against the opposition lawmaker's own attorney, Kong Sam Onn, if he is thoroughly investigated and punished by the Cambodian Bar Association for misconduct.
"It depends on the Bar's decision," Ky Tech told the Post in the latest twist in a dispute between Hun Sen and Mu Sochua, who have each filed suit accusing the other of defamation.
"I would agree to drop my lawsuit if the Bar found that [Kong Sam Onn] committed a mistake and punished him justly," Ky Tech added.
Kong Sam Onn was accused of defaming the prime minister in comments he made during an April press conference by Ky Tech, who then urged the Bar to suspend him.
While the move was met with criticism from legal experts who said politics were mixing unfairly with the judicial process, the Bar opened an investigation into whether Kong Sam Onn breached the organisation's code of conduct.
Kong Sam Onn's first hearing before a Bar inspection team was postponed Monday after two of the five members failed to show up, with one saying he did not want to participate in the probe because he felt the lawyer had done nothing wrong.
But Ky Tech - a former Bar Association president - said Tuesday the inspectors were obligated to carry out the investigation.
"If Kong Sam Onn committed some fault, but the Bar does not acknowledge this mistake, I will not withdraw my suit against him," Ky Tech said.
At least three of the Bar inspectors appear hesitant to be involved in what they say is a politically charged case, but say they had no choice but to put Kong Sam Onn under scrutiny, one team member said.
"I cannot escape this work," said Hem Socheat, one of the inspectors who failed to show up for Monday's hearing, adding he did not want to participate in the probe because he felt Kong Sam Onn did nothing wrong.
He said that the other two inspectors agreed with him.
"It depends on the Bar's decision," Ky Tech told the Post in the latest twist in a dispute between Hun Sen and Mu Sochua, who have each filed suit accusing the other of defamation.
"I would agree to drop my lawsuit if the Bar found that [Kong Sam Onn] committed a mistake and punished him justly," Ky Tech added.
Kong Sam Onn was accused of defaming the prime minister in comments he made during an April press conference by Ky Tech, who then urged the Bar to suspend him.
While the move was met with criticism from legal experts who said politics were mixing unfairly with the judicial process, the Bar opened an investigation into whether Kong Sam Onn breached the organisation's code of conduct.
Kong Sam Onn's first hearing before a Bar inspection team was postponed Monday after two of the five members failed to show up, with one saying he did not want to participate in the probe because he felt the lawyer had done nothing wrong.
But Ky Tech - a former Bar Association president - said Tuesday the inspectors were obligated to carry out the investigation.
"If Kong Sam Onn committed some fault, but the Bar does not acknowledge this mistake, I will not withdraw my suit against him," Ky Tech said.
At least three of the Bar inspectors appear hesitant to be involved in what they say is a politically charged case, but say they had no choice but to put Kong Sam Onn under scrutiny, one team member said.
"I cannot escape this work," said Hem Socheat, one of the inspectors who failed to show up for Monday's hearing, adding he did not want to participate in the probe because he felt Kong Sam Onn did nothing wrong.
He said that the other two inspectors agreed with him.
Monday, May 04, 2009
Mu Sochua’s case: Hun Sen’s lawyer summoned
04 May 2009By Pen Bona
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French
The government lawyer, who represents Hun Sen in the defamation case brought up by opposition MP MU Sochua, was summoned to the Phnom Penh municipal court for questioning on 07 May.
Ky Tech, Hun Xen’s lawyer and former CBA president, confirmed that he received a summon and that he would show up on that same afternoon. On her side, Mu Sochua declared that she did not receive any summon from the judge yet. “I am ready to go to defend myself at the court regarding my lawsuit,” Mu Sochua said.
The defamation case started on 04 April. During his travel to Kampot where Mu Sochua was elected from, Hun Sen verbally attacked a woman without directly naming her, calling her a “provocateur.” “During the election campaign, she tripped on someone, then she finally accused him of unbuttoning her blouse,” Hun Sen mocked. Mu Sochua did not appreciate this statement. According to her, a man bumped into her while she was trying to get a picture of an army license plate on a car used in the CPP procession. Irked by the attack on her honor, on 23 April, Mu Sochua and her lawyer held a press conference to announce that she would sue “Mr. Hun Sen” for defamation.
According to Ky Tech, the government lawyer, since Hun Sen did not name anyone, Mu Sochua’s declarations constitute an attack on Hun Sen’s honor. Therefore, he sued the opposition MP. The case is also in the hand of the Phnom Penh municipal court.
Ky Tech, Hun Xen’s lawyer and former CBA president, confirmed that he received a summon and that he would show up on that same afternoon. On her side, Mu Sochua declared that she did not receive any summon from the judge yet. “I am ready to go to defend myself at the court regarding my lawsuit,” Mu Sochua said.
The defamation case started on 04 April. During his travel to Kampot where Mu Sochua was elected from, Hun Sen verbally attacked a woman without directly naming her, calling her a “provocateur.” “During the election campaign, she tripped on someone, then she finally accused him of unbuttoning her blouse,” Hun Sen mocked. Mu Sochua did not appreciate this statement. According to her, a man bumped into her while she was trying to get a picture of an army license plate on a car used in the CPP procession. Irked by the attack on her honor, on 23 April, Mu Sochua and her lawyer held a press conference to announce that she would sue “Mr. Hun Sen” for defamation.
According to Ky Tech, the government lawyer, since Hun Sen did not name anyone, Mu Sochua’s declarations constitute an attack on Hun Sen’s honor. Therefore, he sued the opposition MP. The case is also in the hand of the Phnom Penh municipal court.
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