Showing posts with label Ky Tech's complaint to the CBA. Show all posts
Showing posts with label Ky Tech's complaint to the CBA. Show all posts
Friday, June 19, 2009
Thursday, June 18, 2009
[Cambodian (Monkey)] Bar [Association] Cites Ethics Violations by Opposition Lawyer
Kong Sam Onn (Photo: The Phnom Penh Post)By Chun Sakada, VOA Khmer
Original report from Phnom Penh
18 June 2009
The Cambodian Bar Association has called in for questioning a lawyer for an opposition parliamentarian who is fighting a defamation suit from Prime Minister Hun Sen.
Cambodian Bar Association Chiv Songhak told VOA Khmer Thursday the bar had charged Kong Sam Onn with violations of articles four, six and 15 of the code of ethics.
Ky Tech, former head of the Bar Association and a lawyer for Hun Sen, complained to the bar in April that Kong Sam Onn had violated a code of ethics in speeches made to the media, following a defamation suit brought by Mu Sochua against Hun Sen.
The court has since dropped the suit against Hun Sen, for allegedly degrading remarks made in the 2008 election campaign, but it is pursuing a countersuit filed by Hun Sen.
The retaliatory lawsuit highlights lingering questions of political bias within the court system, which critics say is in dire need of reform.
“We do not close our eyes to punish and to fine the innocent,” he said. “We find out the facts,” Chiv Songhak said. “If [Kong Sam Onn] has acted with wrongdoing in violations of the code of ethics for licensed lawyers, we must punish him at the proper level of his wrongdoing.”
Kong Sam Onn, who will address the bar’s 19-member council on July 7, faces a range of punishment, including a mere warning, a fine, the suspension of his license, or disbarring.
He told VOA Khmer Thursday the charges against him were “baseless.”
“Every lawyer speaks with journalists and there is no charge and there is no fine,” he said. “But in my case, the Cambodian Bar Association must raise this for discussion.”
Cambodian Bar Association Chiv Songhak told VOA Khmer Thursday the bar had charged Kong Sam Onn with violations of articles four, six and 15 of the code of ethics.
Ky Tech, former head of the Bar Association and a lawyer for Hun Sen, complained to the bar in April that Kong Sam Onn had violated a code of ethics in speeches made to the media, following a defamation suit brought by Mu Sochua against Hun Sen.
The court has since dropped the suit against Hun Sen, for allegedly degrading remarks made in the 2008 election campaign, but it is pursuing a countersuit filed by Hun Sen.
The retaliatory lawsuit highlights lingering questions of political bias within the court system, which critics say is in dire need of reform.
“We do not close our eyes to punish and to fine the innocent,” he said. “We find out the facts,” Chiv Songhak said. “If [Kong Sam Onn] has acted with wrongdoing in violations of the code of ethics for licensed lawyers, we must punish him at the proper level of his wrongdoing.”
Kong Sam Onn, who will address the bar’s 19-member council on July 7, faces a range of punishment, including a mere warning, a fine, the suspension of his license, or disbarring.
He told VOA Khmer Thursday the charges against him were “baseless.”
“Every lawyer speaks with journalists and there is no charge and there is no fine,” he said. “But in my case, the Cambodian Bar Association must raise this for discussion.”
Friday, June 05, 2009
[Mu Sochua Defense] Lawyer to face bar panel a third time
Friday, 05 June 2009
Written by Meas Sokchea
The Phnom Penh Post
Written by Meas Sokchea
The Phnom Penh Post
THE lawyer for Sam Rainsy Party lawmaker Mu Sochua is to appear for a third time before a Bar Association inspection team today to answer allegations of misconduct in connection with his client's defamation case against Prime Minister Hun Sen.
"I will appear before the bar tomorrow," Kong Sam Onn told the Post Thursday. "I received the letter yesterday, but I don't know what questions I will be asked because the letter was not clear."
Kong Sam Onn has already appeared before an investigation panel twice, but both meetings were scuttled - the first because not enough members of the panel showed and the second because Kong Sam Onn objected to the presence on the panel of a lawyer who works for the same firm as Ky Tech, the attorney for Hun Sen who filed the bar complaint.
That panelist, Hem Voun, was removed from the panel and will not be replaced, Kong Sam Onn told the Post Thursday.
Suon Visal, the bar's secretary-general, said he was not aware that Hem Voun worked at the same firm as Ky Tech until Kong Sam Onn brought it to the bar's attention.
Ky Tech said he did not oppose the removal of Hem Voun from the inspection panel.
When he filed his complaint, Ky Tech said Kong Sam Onn was at fault because of statements he made when outlining Mu Sochua's case at an April 23 press conference.
That case stems from an April 4 speech given by the prime minister in which Mu Sochua said he made derogatory comments about her.
Hun Sen has countersued, denying the claims.
"I will appear before the bar tomorrow," Kong Sam Onn told the Post Thursday. "I received the letter yesterday, but I don't know what questions I will be asked because the letter was not clear."
Kong Sam Onn has already appeared before an investigation panel twice, but both meetings were scuttled - the first because not enough members of the panel showed and the second because Kong Sam Onn objected to the presence on the panel of a lawyer who works for the same firm as Ky Tech, the attorney for Hun Sen who filed the bar complaint.
That panelist, Hem Voun, was removed from the panel and will not be replaced, Kong Sam Onn told the Post Thursday.
Suon Visal, the bar's secretary-general, said he was not aware that Hem Voun worked at the same firm as Ky Tech until Kong Sam Onn brought it to the bar's attention.
Ky Tech said he did not oppose the removal of Hem Voun from the inspection panel.
When he filed his complaint, Ky Tech said Kong Sam Onn was at fault because of statements he made when outlining Mu Sochua's case at an April 23 press conference.
That case stems from an April 4 speech given by the prime minister in which Mu Sochua said he made derogatory comments about her.
Hun Sen has countersued, denying the claims.
Mu Sochua: If the court tries me, it should try Hun Sen also
03 June 2009By 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.
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.
Opposition Lawyer Claims Bias in Bar Investigation
By Chun Sakada, VOA KhmerOriginal report from Phnom Penh
04 June 2009
An opposition lawyer said Thursday the Cambodian Bar Association should remove one its members from investigating him.
The lawyer, Kong Sam Onn, is involved in a defamation suit against Prime Minister Hun Sen and is under investigation by the bar association for misconduct.
Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation case against Hun Sen, says the man inspecting him, Hem Voun, works for the prime minister’s attorney.
Hun Sen’s attorney, Ky Tech, is the former head of the bar association. He is representing the prime minster in the defamation case and a countersuit, including a complaint against Kong Sam Onn for a violation of the professional code of conduct.
Hem Voun’s appointment to investigate constitutes a conflict of interest, Kong Sam Onn said Thursday.
The Cambodian Bar Association “cannot ensure a neutral stance in its investigation because Hem Voun and Ky Tech are lawyers in the same office of the same lawyer’s club,” he said.
The Cambodian Bar Association appointed Hem Voun and other four lawyers to investigate Kong Sam Onn’s case, following the complaint of Ky Tech.
The bar’s president, Chiv Song Hak, called Kong Sam Onn’s request “really reasonable.”
The Asian Human Rights Commission in May called for the Cambodian Bar Association to adhere a neutral stance in resolving the complaint against Kong Sam Onn.
The lawyer, Kong Sam Onn, is involved in a defamation suit against Prime Minister Hun Sen and is under investigation by the bar association for misconduct.
Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation case against Hun Sen, says the man inspecting him, Hem Voun, works for the prime minister’s attorney.
Hun Sen’s attorney, Ky Tech, is the former head of the bar association. He is representing the prime minster in the defamation case and a countersuit, including a complaint against Kong Sam Onn for a violation of the professional code of conduct.
Hem Voun’s appointment to investigate constitutes a conflict of interest, Kong Sam Onn said Thursday.
The Cambodian Bar Association “cannot ensure a neutral stance in its investigation because Hem Voun and Ky Tech are lawyers in the same office of the same lawyer’s club,” he said.
The Cambodian Bar Association appointed Hem Voun and other four lawyers to investigate Kong Sam Onn’s case, following the complaint of Ky Tech.
The bar’s president, Chiv Song Hak, called Kong Sam Onn’s request “really reasonable.”
The Asian Human Rights Commission in May called for the Cambodian Bar Association to adhere a neutral stance in resolving the complaint against Kong Sam Onn.
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.
Tuesday, May 26, 2009
"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
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.
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.
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.
Letter from Lawyers’ Rights Watch Canada to the Cambodian Bar Association: Independence of the Bar in Cambodia
Lawyers’ Rights Watch Canada
21 May 2009
Chiv Song Hak, President, Bar Council
Members of the Bar Council
Bar Association of the Kingdom of Cambodia
Nº. 1011Eo, Croix Rouge Khmere (St. 180)
12211 Phnom Penh Cambodia
Fax 023 213 658
Email to: cilf@online.com.kh, wengkaly@yahoo.com, hbslawfirm@hotmail.com, ntrbno@online.com.kh, mathoeung_sok@online.com.kh
Dear Mr. Chiv Song Hak and Members of the Bar Council,
RE: Independence of the Bar in Cambodia
NGO in Special Consultative Status with the Economic and Social Council of the United Nations
3220 West 13th Avenue, Vancouver, B.C. CANADA V6K 2V5
Tel: +1-604-738-0338 Fax: +1-604-736-1175
lrwc@portal.ca www.lrwc.org
3220 West 13th Avenue, Vancouver, B.C. CANADA V6K 2V5
Tel: +1-604-738-0338 Fax: +1-604-736-1175
lrwc@portal.ca www.lrwc.org
21 May 2009
Chiv Song Hak, President, Bar Council
Members of the Bar Council
Bar Association of the Kingdom of Cambodia
Nº. 1011Eo, Croix Rouge Khmere (St. 180)
12211 Phnom Penh Cambodia
Fax 023 213 658
Email to: cilf@online.com.kh, wengkaly@yahoo.com, hbslawfirm@hotmail.com, ntrbno@online.com.kh, mathoeung_sok@online.com.kh
Dear Mr. Chiv Song Hak and Members of the Bar Council,
RE: Independence of the Bar in Cambodia
I am writing on behalf of Lawyers' Rights Watch Canada (LRWC), a committee of Canadian lawyers who promote human rights and the rule of law internationally by providing support to lawyers and other human rights defenders in danger because of their advocacy.
We wish to offer our moral support to the Bar Association of the Kingdom of Cambodia in fulfilling its function to uphold and defend the independence of the legal profession from interference by those acting on behalf of members of the executive branch of government.
As you know, the independence of the Bar is protected by Article 1 of the Law on the Bar, which states: “The lawyer’s profession is an independent and autonomous profession involved in serving justice and may only be pursued from within the framework of the Bar Association.” In addition, Article 1 of the Code of Ethics for Lawyers Licensed with the Bar Association of the Kingdom of Cambodia states in paragraph 3: “Professional installations must assure the respect for the principles of dignity and independence and guaranty professional confidentiality.” These provisions are consistent with the UN Basic Principles on the Role of Lawyers (1990), which uphold the basic purpose of the principle of the independence of the bar, which is to protect clients' legal rights, particularly their human rights, which are also specifically upheld by Cambodia’s Constitution. The UN Rules and all other international principles concerning lawyers and the rule of law insist that lawyers must be free to accept cases and represent clients regardless of the political causes or affiliations of the client. Lawyers must be free to take cases to independent courts for impartial adjudication without interference from politicians or other embers of the executive.
It has been drawn to our attention that Mr. Ky Tech, a lawyer who we understand represents Prime Minister Hun Sen, has made a complaint of professional misconduct against a lawyer, Mr. Kong Sam Onn. We understand that Mr. Kong has been retained by Ms. Mu Suchua, an opposition Member of Parliament, to represent her in a case of defamation she has instructed to be filed against Prime Minister Hun Sen regarding defamatory statements Ms. Mu alleges Mr. Hun Sen made against her. We understand that Prime Minister Hun Sen has made a counter claim of defamation against Ms. Mu Suchua, as well as her lawyer, Mr. Kong Sam Onn. The particular facts of this case in the Cambodian context provide us with significant concern that the complaint against Mr. Kong Sam Onn may be based not on any legitimate concern about Mr. Kong’s professional conduct. Rather we are concerned by allegations and an appearance that the allegations against Mr. Kong are intended to influence the course of the defamation case.
We understand that the BAKC has commenced an investigation into Mr. Kong Sam Onn’s conduct, which could lead to serious disciplinary actions including Mr. Kong Sam Onn's debarment. We understand that the matter is now before the BAKC Disciplinary Council.
We sincerely and respectfully hope that the BAKC and its Disciplinary Council will not be used inappropriately in any attempt by the executive branch of government to harass or influence a lawyer who is performing his professional duties on behalf of his client. We also hope that the BAKC will not be subject to any undue influence in its own deliberations or findings. We join with others concerned about the independence of the bar and the rule of law in Cambodia in urging the BAKC to ensure that it does everything possible to uphold its independence and withstands any and all external pressure. Since the complaint to the BAKC appears to be interconnected with the defamation counterclaim that has been lodged against Mr. Kong Sam Onn, we respectfully suggest that the BAKC consider holding any investigation in abeyance until the court has made its findings in the defamation case. We also urge the BAKC to take all possible steps to ensure that Mr. Kong receives a fair and impartial trial.
As lawyers, we wish to offer our support to Members of the BAKC Bar Council in their important work to uphold the dignity and independence of the legal profession. Please feel free to contact us at any time.
Yours sincerely,
Gail Davidson
Executive Director
Lawyers’ Rights Watch Canada
cc. Mr. Suon Visal
Secretary General,
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia email: suonvisal@yahoo.com
cc. Mr. Ky Tech,
Lawyer
Former President,
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia email: kytech_clf@citylink.com.kh
cc. Mr. Say Bory
Former President
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia, snlo@online.com.kh
cc. Mr. Sok Sam Oeun,
Lawyer,
Cambodia Defenders Program
Phnom Penh, Cambodia email: cdp@cdpcambodia.org
cc. Mr. Run Saray,
Lawyer,
Legal Aid Cambodia
Phnom Penh, Cambodia email:
We wish to offer our moral support to the Bar Association of the Kingdom of Cambodia in fulfilling its function to uphold and defend the independence of the legal profession from interference by those acting on behalf of members of the executive branch of government.
As you know, the independence of the Bar is protected by Article 1 of the Law on the Bar, which states: “The lawyer’s profession is an independent and autonomous profession involved in serving justice and may only be pursued from within the framework of the Bar Association.” In addition, Article 1 of the Code of Ethics for Lawyers Licensed with the Bar Association of the Kingdom of Cambodia states in paragraph 3: “Professional installations must assure the respect for the principles of dignity and independence and guaranty professional confidentiality.” These provisions are consistent with the UN Basic Principles on the Role of Lawyers (1990), which uphold the basic purpose of the principle of the independence of the bar, which is to protect clients' legal rights, particularly their human rights, which are also specifically upheld by Cambodia’s Constitution. The UN Rules and all other international principles concerning lawyers and the rule of law insist that lawyers must be free to accept cases and represent clients regardless of the political causes or affiliations of the client. Lawyers must be free to take cases to independent courts for impartial adjudication without interference from politicians or other embers of the executive.
It has been drawn to our attention that Mr. Ky Tech, a lawyer who we understand represents Prime Minister Hun Sen, has made a complaint of professional misconduct against a lawyer, Mr. Kong Sam Onn. We understand that Mr. Kong has been retained by Ms. Mu Suchua, an opposition Member of Parliament, to represent her in a case of defamation she has instructed to be filed against Prime Minister Hun Sen regarding defamatory statements Ms. Mu alleges Mr. Hun Sen made against her. We understand that Prime Minister Hun Sen has made a counter claim of defamation against Ms. Mu Suchua, as well as her lawyer, Mr. Kong Sam Onn. The particular facts of this case in the Cambodian context provide us with significant concern that the complaint against Mr. Kong Sam Onn may be based not on any legitimate concern about Mr. Kong’s professional conduct. Rather we are concerned by allegations and an appearance that the allegations against Mr. Kong are intended to influence the course of the defamation case.
We understand that the BAKC has commenced an investigation into Mr. Kong Sam Onn’s conduct, which could lead to serious disciplinary actions including Mr. Kong Sam Onn's debarment. We understand that the matter is now before the BAKC Disciplinary Council.
We sincerely and respectfully hope that the BAKC and its Disciplinary Council will not be used inappropriately in any attempt by the executive branch of government to harass or influence a lawyer who is performing his professional duties on behalf of his client. We also hope that the BAKC will not be subject to any undue influence in its own deliberations or findings. We join with others concerned about the independence of the bar and the rule of law in Cambodia in urging the BAKC to ensure that it does everything possible to uphold its independence and withstands any and all external pressure. Since the complaint to the BAKC appears to be interconnected with the defamation counterclaim that has been lodged against Mr. Kong Sam Onn, we respectfully suggest that the BAKC consider holding any investigation in abeyance until the court has made its findings in the defamation case. We also urge the BAKC to take all possible steps to ensure that Mr. Kong receives a fair and impartial trial.
As lawyers, we wish to offer our support to Members of the BAKC Bar Council in their important work to uphold the dignity and independence of the legal profession. Please feel free to contact us at any time.
Yours sincerely,
Gail Davidson
Executive Director
Lawyers’ Rights Watch Canada
cc. Mr. Suon Visal
Secretary General,
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia email: suonvisal@yahoo.com
cc. Mr. Ky Tech,
Lawyer
Former President,
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia email: kytech_clf@citylink.com.kh
cc. Mr. Say Bory
Former President
Bar Association of the Kingdom of Cambodia
Phnom Penh, Cambodia, snlo@online.com.kh
cc. Mr. Sok Sam Oeun,
Lawyer,
Cambodia Defenders Program
Phnom Penh, Cambodia email: cdp@cdpcambodia.org
cc. Mr. Run Saray,
Lawyer,
Legal Aid Cambodia
Phnom Penh, Cambodia email:
Tuesday, May 19, 2009
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
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.
Thursday, May 14, 2009
Ethics on trial in Bar inspection
Thursday, 14 May 2009
Written by Neth Pheaktra and Sebastian Strangio
The Phnom Penh Post
Written by Neth Pheaktra and Sebastian Strangio
The Phnom Penh Post
Legal experts say a lot in balance in investigation of SRP lawyer
AN INVESTIGATION into lawyer Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen, could have a chilling effect on the profession, legal experts warned this week, ahead of a ruling by the Cambodian Bar Association that could see the attorney lose his licence.
While he said it is the Bar's right to initiate proceedings, which had so far been conducted according to the organisation's internal rules, Sok Sam Oeun, executive director of the Cambodia Defenders Project, said the case had to be handled carefully so as not to have a chilling effect on other lawyers.
"If Kong Sam Onn is sanctioned, I think it will affect other lawyers in the country," he said.
"They won't dare to defend or say anything related to high-ranking or powerful people out of a concern they will be sanctioned and lose their professional licence."
Mu Sochua, one of the Sam Rainsy Party's most outspoken members, brought suit against Hun Sen, saying that during a speech in April he had called her cheung klang, a Khmer term meaning "strong leg", which she said can also be a derogatory reference to a woman.
Lawyers for Hun Sen, who is countersuing Mu Sochua, filed a complaint against Kong Sam Onn with the Bar on May 1, asking that he be disbarred for allegedly violating the organisation's code of ethics by saying at a press conference that the prime minister had defamed his client before a court ruling had been made.
"[He] judged and condemned Samdech Prime Minister before his client had sent the complaint to the court," said Ky Tech, the prime minister's attorney.
"According to the law, lawyers don't have the right to make an analysis or a judgment - only the court does."
But the move has been criticised by rights groups and legal experts, who call it political interference in the courts.
Kong Sam Onn said Tuesday that he expected the case would be subject to political influence and that equality before the law would "not be respected" because of the players involved.
"I am confronting a top leader of the government. There is political pressure," he told the Post.
"[I]f I committed a fault then I will find other job. But if the decision is unjust, it will devastate me, not only now but for the rest of my life."
He added that in the event he was disbarred he would take legal action to ensure he is allowed to continue practising.
Ethical obligations
Other legal experts said the ethics of the legal profession obliged lawyers to provide defence counsel to any one who required it - even senior leaders of the Khmer Rouge regime.
"If there is political influence and pressure from other individuals or institutions, it could really have a bad effect on the abilities of the Bar and the profession," said Yeng Virak, executive director of the Community Legal Education Centre, a Cambodian legal aid group.
He said that the Bar Association's involvement with the Khmer Rouge tribunal made it all the more important that its investigation of Kong Sam Onn be carried out transparently.
"I hope that the Bar is really thinking about what it is doing and that they will safeguard their credibility," he said.
But Ky Tech dismissed suggestions of political pressure on the Bar, saying that he was tasked by the prime minister of defending him and would do so according to the law.
"The general opinion is that there is pressure from the government, but I think it is a fabrication. My complaint to the Bar Association will determine whether Kong Sam Onn has acted professionally or not," he said.
"This case will not affect the defence, nor discourage lawyers from carrying out their duties."
Chiv Songhak, president of the Bar Association of Cambodia, could not be reached for comment Wednesday.
AN INVESTIGATION into lawyer Kong Sam Onn, who is representing opposition lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen, could have a chilling effect on the profession, legal experts warned this week, ahead of a ruling by the Cambodian Bar Association that could see the attorney lose his licence.
While he said it is the Bar's right to initiate proceedings, which had so far been conducted according to the organisation's internal rules, Sok Sam Oeun, executive director of the Cambodia Defenders Project, said the case had to be handled carefully so as not to have a chilling effect on other lawyers.
"If Kong Sam Onn is sanctioned, I think it will affect other lawyers in the country," he said.
"They won't dare to defend or say anything related to high-ranking or powerful people out of a concern they will be sanctioned and lose their professional licence."
Mu Sochua, one of the Sam Rainsy Party's most outspoken members, brought suit against Hun Sen, saying that during a speech in April he had called her cheung klang, a Khmer term meaning "strong leg", which she said can also be a derogatory reference to a woman.
Lawyers for Hun Sen, who is countersuing Mu Sochua, filed a complaint against Kong Sam Onn with the Bar on May 1, asking that he be disbarred for allegedly violating the organisation's code of ethics by saying at a press conference that the prime minister had defamed his client before a court ruling had been made.
"[He] judged and condemned Samdech Prime Minister before his client had sent the complaint to the court," said Ky Tech, the prime minister's attorney.
"According to the law, lawyers don't have the right to make an analysis or a judgment - only the court does."
But the move has been criticised by rights groups and legal experts, who call it political interference in the courts.
Kong Sam Onn said Tuesday that he expected the case would be subject to political influence and that equality before the law would "not be respected" because of the players involved.
"I am confronting a top leader of the government. There is political pressure," he told the Post.
"[I]f I committed a fault then I will find other job. But if the decision is unjust, it will devastate me, not only now but for the rest of my life."
He added that in the event he was disbarred he would take legal action to ensure he is allowed to continue practising.
Ethical obligations
Other legal experts said the ethics of the legal profession obliged lawyers to provide defence counsel to any one who required it - even senior leaders of the Khmer Rouge regime.
"If there is political influence and pressure from other individuals or institutions, it could really have a bad effect on the abilities of the Bar and the profession," said Yeng Virak, executive director of the Community Legal Education Centre, a Cambodian legal aid group.
He said that the Bar Association's involvement with the Khmer Rouge tribunal made it all the more important that its investigation of Kong Sam Onn be carried out transparently.
"I hope that the Bar is really thinking about what it is doing and that they will safeguard their credibility," he said.
But Ky Tech dismissed suggestions of political pressure on the Bar, saying that he was tasked by the prime minister of defending him and would do so according to the law.
"The general opinion is that there is pressure from the government, but I think it is a fabrication. My complaint to the Bar Association will determine whether Kong Sam Onn has acted professionally or not," he said.
"This case will not affect the defence, nor discourage lawyers from carrying out their duties."
Chiv Songhak, president of the Bar Association of Cambodia, could not be reached for comment Wednesday.
Sunday, May 10, 2009
Sacrava's Political Cartoon: The Bar Association
Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)Saturday, May 09, 2009
Bar Must Be Neutral, Rights Watchdog Says
Kong Sam Onn, Mu Sochua's lawyerBy Heng Reaksmey, VOA Khmer
Original report from Phnom Penh
08 May 2009
The Cambodian Bar Association must remain neutral and unbiased as the government pursues a defamation case against an attorney for the opposition party, the Hong Kong-based Asian Human Rights Commission said Friday.
The attorney, Kong Sam On, is facing a countersuit by Prime Minisister Hun Sen, following the pursuit of a defamation case against the premier on the behalf of Mu Sochua, an opposition lawmaker for the Sam Rainsy Party.
The Cambodian bar, until recently led by a controversial president, Ky Tech, has suspended Kong Sam On’s license to allow the court’s to investigate the case. Ky Tech is also the attorney for Hun Sen.
Mu Sochua alleges that Hun Sen made disparaging remarks about her in the run-up to the 2008 National Assembly election, a charge repeated by Kong Sam On at a press conference in April. Hun Sen countersued both of them, also for defamation.
In an April 30 letter to the bar, Ky Tech said comments made by Kong Sam On at the press conference were a violation of the code of ethics for lawyers.
The bar’s current president, Chiv Song Hak, said the bar was now looking into Kong Sam On’s case.
“The Bar should stand neutrally for all lawyers,” Kong Sam On said.
The attorney, Kong Sam On, is facing a countersuit by Prime Minisister Hun Sen, following the pursuit of a defamation case against the premier on the behalf of Mu Sochua, an opposition lawmaker for the Sam Rainsy Party.
The Cambodian bar, until recently led by a controversial president, Ky Tech, has suspended Kong Sam On’s license to allow the court’s to investigate the case. Ky Tech is also the attorney for Hun Sen.
Mu Sochua alleges that Hun Sen made disparaging remarks about her in the run-up to the 2008 National Assembly election, a charge repeated by Kong Sam On at a press conference in April. Hun Sen countersued both of them, also for defamation.
In an April 30 letter to the bar, Ky Tech said comments made by Kong Sam On at the press conference were a violation of the code of ethics for lawyers.
The bar’s current president, Chiv Song Hak, said the bar was now looking into Kong Sam On’s case.
“The Bar should stand neutrally for all lawyers,” Kong Sam On said.
Thursday, May 07, 2009
Sacrava's Political Carton: My Doggy Ky Ky
Cartoon by Sacrava (on the web at http://sacrava.blogspot.com)Monday, May 04, 2009
Even Mu Sochua's lawyer is not allowed to talk to the press or to the public: Justice-a-la-Hun-Xen?
Hun Sen and Ky Tech's role model for justice?Mu Sochua’s lawyer could face sanction
02 May 2009
Everyday.com.kh
Translated from Khmer by Socheata
Mrs. Mu Sochua’s lawyer could face sanction or temporary license suspension so that the court could handle his case, if the Cambodian Bar Association (CBA) finds that he is at fault as claimed by Ky Tech, Hun Sen’s defense lawyer. Ky Tech, the former CBA president and current government lawyer, complained to the CBA, in his name as a representative of Hun Sen, asking the CBA to look into the actions and the words of Kong Sam Onn, Mu Sochua’s lawyer, during the press conference he held with Mrs. Mu Sochua on 23 April 2009, as well as a number of interviews that Kong Sam Onn gave to newspapers. Regarding Ky Tech’s complaint, Chiv Song hak, the current CBA president, said that he did not know about it yet. However, Ky Tech said that his complaint was lodged with the CBA on 30 April 2009.
Subscribe to:
Posts (Atom)
