Rights Defenders Under Attack: Groups

Kong Sam Onn, Mu Sochua's former lawyer (Photo: The Phnom Penh Post)

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
23 March 2010

Two international organizations on Tuesday called for the full protection of rights defenders and lawyers, who are often targeted with violence and lawsuits for their work protecting people from land theft.

Lawyers Rights Watch Canada and the Asian Legal Resource Center said in a joint statement the government should “ensure full protection to human rights defenders and lawyers working on land rights issues so that they may carry out their duties without improper interference.”

“We call upon the government of Cambodia to implement recommendations to carry out legal and judicial reforms to address the ongoing problem of impunity by guaranteeing the independence and impartiality of judges, prosecutors and court personnel in keeping with international standards,” the groups said.

Phay Siphan, a spokesman for the Council of Ministers, said the groups were not addressing “the current work of the government,” which has already undertaken “legal modernization.”

The government has also undertaken disciplinary measures against judges, prosecutors and court personnel who break the law, he said.

“They should have written a more qualified report to avoid the mistake of attacking the Cambodian government,” he said.

Rights groups in Cambodia say they are consistently under attack.

In 2009, Adhoc recorded 235 complaints against human rights defenders in courts, leading to 147 arrests, 89 releases on bail and 58 detentions. Adhoc also reported dozens of beatings of rights workers by police, with few of the cases acted on by the judicial system.

In June 2009, an opposition lawyer, Kong Sam On, resigned and joined the ruling Cambodian People’s Party, after the lawyer for Prime Minister Hun Sen filed a complaint with the national bar association.

Kong Sam On was supposed to defend Sam Rainsy Party lawmaker Mu Sochua in a defamation lawsuit brought by prime minister.

CCHR Laments The Recent Unavoidable Actions Of Kong Sam Onn: Further Evidence Of Cambodia’s Fragile Democracy

Cambodian Center for Human Rights

No. 798, St. 99, Sangkat Boeung Trabek
Khan Chamkarmorn, Phnom Penh, Cambodia

PRESS RELEASE – PHNOM PENH, 9 JULY 2009

THE CCHR LAMENTS THE RECENT UNAVOIDABLE ACTIONS OF KONG SAM ONN: FURTHER EVIDENCE OF CAMBODIA’S FRAGILE DEMOCRACY

The Cambodian Center for Human Rights (CCHR) was saddened by yesterday’s news of Mr. Kong Sam Onn’s 6 July 2009 letter of apology to Prime Minister Hun Sen and Mr. Kong’s concurrent request to join the ruling Cambodian People’s Party (CPP). His actions appear to be compelled by the government’s continuous intimidation due to his decision to provide legal defense to parliamentarian Mrs. Mu Sochua in her defamation suit against the Prime Minister. These recent events are further illustrations of national hostility towards democracy and Freedom of Expression as well as the lack of independence in the legal sector.

Mr. Kong has been facing increasing political pressure since 23 April 2009 when he began representing Mrs. Mu, a member of the Sam Rainsy Party (SRP) and a senior member of the National Assembly, in her defamation suit. This lawsuit was quickly thrown out by the Phnom Penh Court. Instead, Mr. Kong’s lawful professional conduct has led him to be found guilty of violating the Cambodian Bar Association’s code of ethics and charged with criminally defaming the Prime Minister. The allegations were initiated by the Prime Minister and his attorney as a direct retaliation against Mr. Kong’s inconvenience to government authorities. He would have likely faced fines and disbarment if he did not acquiesce to the government’s harassment. Mr. Kong’s actions on 6 July 2009 have lead to an immediate withdrawal of all criminal and other actions against him.

The pressure that has been applied to Mr. Kong is a continuation of the government’s recent increased use of legal actions against opposition parliamentarians and government critics in an effort to stifle debate of government policies. This year has seen charges being brought against individuals from a wide cross-section of society including journalists, students and members of NGOs. The government has gone so far as to lift the parliamentary immunity of Mrs. Mu and another SRP member so they could face defamation, disinformation, and incitement law suits filed by government and military authorities.

This chain of events show the control the government exerts over the country’s courts and the Bar, both of which should be able to act objectively and separate from the desires of governmental authorities. Independence of the judiciary, together with autonomy of the legal profession, is vital to ensure justice and accountability and to protect against abuse of power. These are crucial factors in a free and democratic society. The CCHR hopes that those in the legal profession can regain and maintain their freedom from political influence. The CCHR additionally implores the government to cease its practice of utilizing lawsuits in order to intimidate critics. The legal system should not be misused for suppressing meaningful political discourse, but should work towards the general benefit of society as a whole. Furthermore, respect for basic human rights and the ability to freely debate is the cornerstone of any productive democratic society. The CCHR trusts that all of Cambodia’s leaders can work towards supporting these goals.

For more information, please contact:
Mr. Ou Virak, President, CCHR
Tel: +855 12 404051
Email: ouvirak@cchrcambodia.org

Hun Sen leaves no choice for Kong Sam Onn but to join the CPP: How far will Hun Sen play this travesty of justice?

Mu Sochua’s lawyer joins the CPP

Wednesday, July 08, 2009
Everyday.com.kh
Translated from Khmer by Socheata

After sending his apology letter to Hun Sen, Kong Sam Onn, the [former] defense lawyer of SRP MP Mu Sochua who saw her parliamentary immunity lifted, changed his stance and asked to join the CPP. The Cambodia Daily quoted Khieu Kanharith, the minister of information and spokesman for the government, as saying that Kong Sam Onn officially sent in his official letter to join the CPP. On Tuesday, Khieu Kancharith also told The Cambodia Daily that the CPP welcomed Kong Sam Onn, but he does not know yet what position the CPP will give him [in exchange for this CPP-ian comedy]. Mrs. Mu Sochua confirmed on Tuesday that Kong Sam Onn is no loner her defense lawyer, and she indicated that Kong Sam Onn indeed joined the CPP.

Sacrava's Political Cartoon: The Banana-Eaters' Bar

Click here tor read related article

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

SRP attorney sceptical of Bar Association's neutrality

Lawyer Kong Sam Onn speaks to reporters outside the Phnom Penh Municipal Court after a recent defamation suit hearing. (Photo by: HENG CHIVOAN)

Monday, 08 June 2009
Written by Meas Sokchea
The Phnom Penh Post

Mu Sochua's lawyer, Kong Sam Onn, says association panel is under govt pressure and can't make independent decision.

THE lawyer representing Sam Rainsy Party lawmaker Mu Sochua in her defamation suit against Prime Minister Hun Sen said Sunday he had no confidence that a Bar Association panel investigating a complaint against him could reach an independent decision.

Kong Sam Onn appeared for questioning before the panel on Friday. The meeting went ahead as scheduled, despite the fact that only three panelists showed.

Hem Voun had been removed last week after Kong Sam Onn noted that he worked for the same law firm as Hun Sen's lawyer, and Lean Chenda failed to appear on Friday citing health reasons.

Two previous attempts to question Kong Sam Onn regarding claims that he violated the Bar Association's ethics code were unsuccessful. The lawyer could be suspended or disbarred if found guilty of breaking association rules.

Panelist Hem Socheat said Sunday that there was no required number of panelists, adding that the questioning went ahead on Friday because panelists did not want to re-schedule for a fourth time.

Kong Sam Onn said the panelists accused him of defaming Hun Sen, citing an April 23 press conference held before his client filed a defamation lawsuit against the prime minister.

"They accused me of insulting Samdech Hun Sen and calling him a coward," he said.

"I said the word ‘coward', but I was not referring to any individual," he added.

"I only said that the speech was cowardly if the speech referred to Mu Sochua."

That suit stems from an April 4 speech by Hun Sen in which, Mu Sochua said, he made derogatory comments about her.

Hun Sen quickly filed a countersuit, saying that Mu Sochua had defamed him by asserting that his comments referred to her.

Kong Sam Onn said he believed Bar Association President Chiv Songhak had been pressured by the government to rule against him. Chiv Songhak declined to comment on Sunday.

Panelist Put Theavy said Ky Tech, Hun Sen's lawyer, would appear before the panel on Tuesday.

[Mu Sochua Defense] Lawyer to face bar panel a third time

Friday, 05 June 2009
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.

Sacrava's Political Cartoon: BAKC, Krom Bak Lorng

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

Letter from Lawyers’ Rights Watch Canada to the Cambodian Bar Association: Independence of the Bar in Cambodia

Lawyers’ Rights Watch Canada

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

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:

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.