Mrs. Mu Sochua’s case not reaching a final conclusion yet

20 July 2010
By Kim Pov
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

The case of Mrs. Mu Sochua is not reaching a final conclusion yet even if the court did not show any reaction against her refusal to pay her fine to the state treasury by the due date set on 15 July.

The CPP chairman of the National Assembly (NatAss) finance committee claimed that the NatAss has no right to oppose the court’s request to impound Mrs. Mu Sochua’s salary because she lost her case to Hun Xen in the defamation lawsuit brought against her by the latter.

Cheam Yeap said that he did not yet see the court order to impound the salary. He explained that the NatAss has no right to impound her salary, but it also has no right to oppose the court’s order either. Cheam Yeap said: “… if the court asked the NatAss, the NatAss will review this request to see how it is.”

Mrs. Mu Sochua was sued by Hun Xen for defamation and the courts decided to let her lose the case from the tribunal of first instance all the way up to the Supreme Court. She was ordered to pay a fine of more than 8 million riels to the state treasury and 8 million riels in compensation to Hun Xen.

Last 15 July was the last date for her to pay the fine, but Mrs. Mu Sochua refused to pay this fine, claiming that she was maintaining her stance of going to jail.

Ky Tech, Hun Xen’s defense lawyer, told RFA on Tuesday 20 July that he sent a new letter to the court to issue another order to impound Mrs. Mu Sochua’s salary to pay the compensation for Hun Xen, his client.

Ky Tech claimed: “Because there is no major change from Samdach Preeminister, as he is the one who is owed money to in this civil case, therefore, there is no change. As his representative, I am still making the demand [for compensation payment].”

Ky Tech indicated that the court order to impound Mrs. Mu Sochua’s salary will be officially issued this week.

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

Hun Xen’s lawyer pushes the Supreme Court to issue a final decision in Mu Sochua’s case

Hun Xen (picture omitted) and Mrs. Mu Sochua

08 June 2010
By Kim Poeuv
Radio Free Asia
Translated from Khmer by Socheata
Click here to read the article in Khmer

Ky Tech, Hun Xen’s lawyer, indicated on 08 June that, this week, he will push the Supreme Court to issue soon a final decision so that Mrs. Mu Sochua pays her fine following the court decision to let Hun Xen win recently.

Ky Tech said that Mrs. Mu Sochua must pay after the court issues its final decision, otherwise she could face arrest and sent to jail for 6 months.

Ky Tech parroted: “Chumteav Mu Sochua was at fault, and the court fined her. Therefore, in this case, Chumteav Mu Sochua must follow the law and the court decision. If she does not pay [her fine] then the judge must take a second step, i.e. enforce the law, then Chumteav Mu Sochua could face being sent to jail.”

Recently, the Supreme Court upheld the decision issued by the Phnom Penh municipal court and the Appeal Court, saying that the sentence was appropriate. The lower court ordered Mrs. Mu Sochua, the most famous woman-politician in the opposition Sam Rainsy Party, to pay a fine of 16.5 million riels (~$4,100) after Hun Xen accused her of defaming him.

Mrs. Mu Sochua confirmed to RFA on 08 June that she will not pay the fine because she is not at fault and that she is ready to go to jail if she will be arrested.

Mrs. Mu Sochua indicated that she will raise the issue of the justice system to Surya Subedi, the UN Human Rights Special Envoy for Cambodia, during his visit to Cambodia.

Appeal Court upheld lower court decision in Sam Rainsy’s border lawsuit case

Choung Chou-ngy (L), Sam Rainsy's defense lawyer, and Ky Tech (R), the government lawyer (Photo: Sok Serey, RFA)

08 June 2010
By Sok Serey
Radio Free Asia
Translated from Khmer by Heng Soy
Click here to read the article in Khmer

The Appeal Court upheld the decision handed by the Phnom Penh municipal court in the Svay Rieng border lawsuit case.

On Tuesday 08 June, the Cambodian Appeal Court upheld the decision handed down by the Phnom Penh municipal court to reject the request made by opposition leader Sam Rainsy to form a special commission to survey the coordinates for the various border posts in Svay Rieng province, along the Cambodian-Viet border,

The decision was made behind closed door at the Appeal Court presided by Judge Nhong Thol and 2 other judges: Chuon Sunleng and Seng Sivutha. The hearing was dubbed: investigation assembly.

Following the announcement of the court decision, Choung Chou-ngy, opposition leader Sam Rainsy’s defense lawyer, said that he is still thinking about appealing this case to the Supreme Court or not.

He added: “The rejection was done without investigation of the charge, i.e. the charge still remains. The investigation assembly believes that it is not the court duty to form this commission, and it based this [decision] on the fact that there is a government border committee already. I told [the court] that the government border committee is the entity that accuses my client. The fact that I am asking for a setup of a joint committee is for it to be mixed and neutral, with the participation of my client also.”

Ky Tech, the government lawyer, is gleeful about this decision, claiming that this is the right decision by the Appeal Court.

Ky Tech said: “Just now, the investigation assembly issued its decision and it said that it does not allow it, just like the Phnom Penh tribunal of first instance: this commission cannot be formed. Based on Sections 124 and 125 of the criminal law, the investigating judge must do the work, i.e. [the investigating judge] investigates on the topic and the charges leveled by the prosecutor, i.e. what the prosecutor charged. The investigating judge will investigate on this problem. This does not mean that we are forming a commission as they accused, as they sued for, it is about the falsification on this document.”

In May of this year, the Phnom Penh municipal court rejected all the request made by Sam Rainsy to set up a special 6-member commission to survey the coordinates of border stakes located in Samrong commune, Chantrea district, Svay Rieng province, delimiting the border between Cambodia and Vietnam, i.e. at border posts no. 184, 185, 186 and 187.

The Phnom Penh municipal court was requested to form a special commission after the Svay Rieng provincial court sentenced Sam Rainsy in absentia to 2-year of jail term on 27 January 2010, accusing him of destroying public property and incitement to racial discrimination because he led a number of Cambodian villagers in Svay Rieng to uproot border stakes at border post no. 185 on 29 October 2009, after the villagers claimed that these stakes were planted on their rice fields.

Ky Tech indicated that he and officials at the government border committee handed a number of documents on the coordinates of the border stakes to Sam Rainsy’s lawyer through the Phnom Penh municipal court on Monday.

Choung Chou-ny, Sam Rainsy’s defense lawyer, said that he did not receive these documents, nor copied them yet.

The documents consist of coordinates that government border experts have already surveyed.

Court orders Mu Sochua to appear June 2

(Photo: AP)

Friday, 14 May 2010
Meas Sokchea
The Phnom Penh Post

THE Supreme Court has summoned opposition Sam Rainsy Party lawmaker Mu Sochua to appear for a hearing on June 2, when it will make a final ruling on a defamation charge brought against her by Prime Minister Hun Sen, according to a citation issued by Chhoun Chantha, the court’s deputy general prosecutor.

In August 2009, Phnom Penh Municipal Court found Mu Sochua guilty of defamation and ordered her to pay 16.5 million riels (around US$3,975) in fines and compensation to Hun Sen, a verdict that was upheld by the Court of Appeal in October.

Mu Sochua said Thursday that she hoped the court would make a fair ruling in the case, but repeated her earlier declaration that she will refuse to pay the fine if the court upholds her guilty verdict.

“I still have hope, even though that hope is small, but I have hope for all those people who want the court system to be balanced,” she said.

“If I lose the case, it means that the court did not consider that, and it would show that [the court] has not given me justice, because I am a victim.”

She added: “My case is not about one individual, it is related to all women.”

Ky Tech, the government lawyer representing the prime minister, said he hoped the court would provide justice for his client, and warned that any ruling made by the court would be enforced by law.

“If any party loses the case and the court orders them to do something, he must follow. If anyone is sentenced to jail, he must be jailed. If anyone is ordered to pay money, he must pay money,” Ky Tech said.

“If [Mu Sochua] does not follow it, the court will take legal action.”

Hun Sen accused Mu Sochua of defamation after the outspoken lawmaker filed her own lawsuit against him, alleging that he defamed her during a speech he made in Kampot province in April 2009.

Mu Sochua’s own lawsuit was thrown out by the Court of Appeal in October.

Chhoun Chantha could not be reached for comment Thursday.

Sam Rainsy to be ordered arrested if he refuses to show up in court

(Photo: Ly Meng Huor, RFI)

06 April 2010
Everyday.com.kh
Translated from Khmer by Heng Soy

Opposition leader Sam Rainsy could face arrest if he refuses to show up in court as summoned by the investigating judge. A source indicated that the exiled opposition leader will be summoned by the Phnom Penh municipal court to clarify in the lawsuit case brought up by the government which accused him of disinformation and falsification of public argument. The same source indicated that if Sam Rainsy refused to show up in court, the latter will issue an order to arrest and bring him in to court because this is the second summon issued by the Phnom Penh municipal court following the lawsuit brought up by the government lawyer. The summon order was issued by Oeung Sieng, the investigation judge, dated 26 March 2010, based on the 25 February 2010 lawsuit brought up by Ky Tech, the government representative, accusing 60-year-old Sam Rainsy of falsifying public documents, using false letter and publication of false information in Phnom Penh in February 2010 as stipulated in Articles 48 and 62 of the UNTAC era criminal law. The end of the summon stated that: “in the event the person summoned refused to come to court as stipulated above, we will issue an order to arrest and bring him in to court.”

Cambodian opposition leader faces new lawsuit

February 26, 2010
Xinhua

Cambodia's opposition leader faced a new lawsuit Friday filed by the government for spreading false information and public document, a government lawyer said.

Ky Tech, a government lawyer said he had submitted a government lawsuit on Friday to a Phnom Penh Court against Sam Rainsy for his spreading false information and public document through website relating to border issues.

Sam Rainsy, was convicted by a provincial court late last month to two years in prison for his involvement in border markers removals and that the court found him guilty of destroying public property.

Sam Rainsy who is now in France was not available for comment, but his party's spokesman, Kim Sourphirith said the latest lawsuit was not a "surprise".

It is not yet known when the court will take action against Sam Rainsy.

Ky Tech said according to the laws, Sam Rainsy might face up to three years in jail for false information charge and 15 years for spreading fake public document relating to border issues.

Cambodia to again sue opposition leader Sam Rainsy

Mr Rainsy says the charges are an attempt to silence the opposition

Friday, 26 February 2010
BBC News

"The court in Cambodia is just a political tool for the ruling party to crack down on the opposition ... I will let this politically subservient court prosecute me in absentia because its verdict is known in advance" - Opposition leader Sam Rainsy

The Cambodian government has filed a new lawsuit against leading opposition figure Sam Rainsy.

The government accuses Mr Rainsy of forging public documents and spreading false information about a border dispute with Vietnam.

Mr Rainsy, who is living in exile, was given a two-year jail term last month for a political protest in which markers along the border were uprooted.

He could face up to 18 years in prison if found guilty of the latest charges.

"The lawsuit involves forging public documents and publicising disinformation related to the forgery of a map in order to manipulate the public over the border issue with Vietnam," government lawyer Ky Tech told the AFP news agency.

'Political tool'

In January, Mr Rainsy was given the two-year jail term in his absence for encouraging villagers to uproot the border markings.

He did not attend the hearing, saying in an e-mail believed to have been sent from France, that the case against him was politically motivated.

"The court in Cambodia is just a political tool for the ruling party to crack down on the opposition," he said.

"I will let this politically subservient court prosecute me in absentia because its verdict is known in advance."

Cambodia and Vietnam officially began demarcating their contentious border in September 2006, in a bid to end decades of territorial disputes.

The 1,270-kilometre (790-mile) border has remained essentially unmarked and vague since French colonial times, with stone markers and boundary flags having disappeared, while trees once lining it were cut down.

Mr Rainsy's party accuses the Cambodian government of ceding territory to its larger and more powerful neighbour.

Cambodia files new suit against opposition leader

The Cambodian government has filed a fresh lawsuit against the country's fugitive opposition leader, Sam Rainsy (pictured), over claims he forged and published a false map of the border with neighbouring Vietnam.

26/02/2010
AFP

The Cambodian government Friday filed a fresh lawsuit against the country's fugitive opposition leader over claims he forged and published a false map of the border with neighbouring Vietnam.

Opposition leader Sam Rainsy, who lives in self-imposed exile in France, was sentenced in absentia last month to two years in prison over a related conviction for uprooting border posts and inciting racial discrimination.

The new lawsuit was filed with Phnom Penh Municipal Court, government lawyer Ky Tech told AFP.

"The lawsuit involves forging public documents and publicising disinformation related to the forgery of a map in order to manipulate the public over the border issue with Vietnam," Ky Tech said.

In his January conviction, Sam Rainsy and two villagers were found guilty of intentionally damaging temporary border posts last October.

In the new case he is accused of posting a "fake map" of the border on his party's website, which the government says depicts incorrect border markings with Vietnam.

No formal map has yet been agreed between the two countries.

Sam Rainsy could face up to 15 years in prison for forging public documents and up to three years in jail for disseminating false information if convicted, the lawyer said.

Neither he nor his party spokesman could be reached for comment.

Cambodia and Vietnam officially began demarcating their contentious border in September 2006 after decades of territorial disputes.

Anti-Vietnamese sentiment in Cambodia in rife, fuelled by resentment at Vietnam's expansion over the centuries and the feeling that Cambodia is losing some of its territory.

But Cambodian Prime Minister Hun Sen maintains close relations with the Vietnamese regime and Sam Rainsy, whose party shares his name, has repeatedly accused the government of ceding land to Vietnam.

Vietnam and Cambodia share a 1,270-kilometre (790-mile) border, which has remained vague since French colonial times.

French-educated former finance minister Sam Rainsy is the main rival to Hun Sen. He has promised to promote liberal democracy and human rights, raise wages and fight corruption if elected.

Hun Sen this week accused Sam Rainsy of treachery for trying to stir up problems at the Vietnamese border while Cambodia is already embroiled in a bitter border dispute with Thailand.

If found guilty, Sam Rainsy could be sentenced up to 18 years in prison: Ky Tech about Hun Xen's travesty of justice

(Photo: The Phnom Penh Post)

Cambodia's opposition leader faces new lawsuit

Friday, February 26, 2010
AP

PHNOM PENH, Cambodia – Prime Minister Hun Sen's government filed a lawsuit Friday against opposition leader Sam Rainsy that accuses him of spreading false information about a border dispute with Vietnam.

The lawsuit was based on several comments made by Sam Rainsy, who questioned whether Cambodia's border with Vietnam had been incorrectly marked by the government to Cambodia's advantage.

Earlier this week, Hun Sen described Sam Rainsy's comments as treacherous because Cambodia already has a volatile border dispute with Thailand on its northern and western frontiers, so causing trouble with Vietnam could open up a potential second area of confrontation.

The government's lawyer, Ky Tech, filed the lawsuit at the Phnom Penh Municipal Court. It accuses Sam Rainsy of spreading false information verbally, which carries a prison term of up to three years, and in public documents on Web sites _ which carries a sentence of up to 15 years.

If found guilty, Sam Rainsy could be sentenced up to 18 years in prison, Ky Tech said.

Sam Rainsy is living in exile in Paris and was sentenced in absentia by a Cambodian court last month to two years' imprisonment for a political protest in which border markers on the frontier with Vietnam were uprooted.

The Sam Rainsy Party is the sole opposition party in parliament and Sam Rainsy is a fierce, longtime critic of Hun Sen. His previous tangles with the government have seen him go into self-imposed exile.

Hun Sen was installed after a Vietnamese invasion that ousted the genocidal Khmer Rouge regime in 1979. He is sympathetic with Hanoi, while Sam Rainsy bases part of his political appeal on pandering to traditional anti-Vietnamese sentiment common among Cambodians who don't trust their much larger neighbor.

Sacrava's Political Cartoon: Ky Tech

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

Bar council to receive results of Kong Sam Onn probe this week

Government lawyer Ky Tech in a file photograph. (Photo by: Heng Chivoan)

Wednesday, 10 June 2009
Written by Meas Sokchea
The Phnom Penh Post

Mu Sochua’s lawyer vows to appeal if council finds him guilty of violations

A MEMBER of the Cambodian Bar Association panel investigating a complaint against the lawyer for Sam Rainsy Party lawmaker Mu Sochua said Tuesday that he expected a recommendation to be forwarded to the bar's disciplinary council this week.

The 19-member council will then decide whether Kong Sam Onn violated bar rules, for which he could be suspended or disbarred.

Hem Socheat, the panelist, said he did not know how long it would take for the council to reach a decision.

Ky Tech, the lawyer for Prime Minister Hun Sen who brought the complaint against Kong Sam Onn, appeared briefly before the panel Tuesday. He said the panel asked him only whether he had anything to add to his complaint.

"I answered that my stance has not changed," Ky Tech told the Post Tuesday.

The complaint relates to defamation suits - one filed by Mu Sochua, and a countersuit filed by Hun Sen - stemming from an April 4 speech in which Mu Sochua said the prime minister made derogatory comments about her.

Ky Tech alleged in his complaint that Kong Sam Onn violated Bar Association rules by asserting during a press conference held April 23 - three days before Mu Sochua's suit was filed - that Hun Sen defamed her.

Kong Sam Onn said he believed the council was not independent, adding that he would appeal a decision that was not in his favour. Bar Secretary General Suon Visal acknowledged Sunday that two council members - whom he declined to name - held positions in the government, but said this would not affect the final decision.

Mu Sochua grilled in court

Mu Sochua speaks to reporters outside of the Phnom Penh Municipal Court on Tuesday. (Photo by: Heng Chivoan)

Thursday, 04 June 2009
Written by Meas Sokchea
The Phnom Penh Post

SRP lawmaker questioned for four hours by court prosecutor in Hun Sen's defamation suit.

OPPOSITION Sam Rainsy Party lawmaker Mu Sochua answered questions Wednesday in Phnom Penh Municipal Court regarding a defamation lawsuit filed against her by Prime Minister Hun Sen.

The lawsuit stems from a complaint lodged by Mu Sochua over an April 4 speech given by the prime minister in which, she claims, he made derogatory comments about her. Mu Sochua's own complaint prompted a countersuit from Hun Sen, who denied that the comments in question referred to her.

Emerging from the court after four hours of questioning, the Kampot lawmaker told reporters that Deputy Prosecutor Sok Roeun had focused on the question of why she had organised a press conference announcing her intention to sue Hun Sen before actually filing her complaint.

She said she told the deputy prosecutor that she did so because she wanted to outline her case clearly to the media, adding that holding press conferences is not illegal.

"As I am a victim, I turned to Cambodian law to defend myself," she told reporters.

In the April speech in Kampot, Hun Sen referred to an unnamed lawmaker as a cheung klang, or "strong leg", a term viewed by some as particularly offensive to women. Mu Sochua has said repeatedly that the speech clearly referred to her, noting that Hun Sen described the same lawmaker as a "strong female MP from the opposition party in Kampot" who lost a button on her shirt while running around embracing people.

During last year's election campaign, Mu Sochua was involved in an altercation in which she said an army general tore a buttom from her blouse and exposed her bra.

"Although Samdech Hun Sen did not refer to me by name, people who were at the speech on April 4 told me by phone to listen to it because he had clearly referred to me," she said.

Ky Tech, the prime minister's lawyer, could not be reached for comment Wednesday.

Deputy Prosecutor Sok Roeun declined to comment Wednesday afternoon, saying that he was busy with teaching obligations.

Council of Ministers spokesman Phay Siphan declined to comment beyond saying that he was not interested in Mu Sochua's comments and that "all people must be under the law".

The Cambodian Centre for Human Rights said in a statement Monday that the case was demonstrative of "an inclination to shut down the rights and freedoms" of the opposition party.

Sok Sam Oeun, executive director of the Cambodian Defenders Project, expressed concern that no action seemed to have been taken with regard to Mu Sochua's original complaint, adding that the court must be willing to summon Hun Sen as well.

"Prime minister hun sen has always said he is brave, so he should agree to appear in court."

"The court must summon them together," Sok Sam Oeun said.

Mu Sochua urged Hun Sen to appear before the court if summoned, saying that SRP President Sam Rainsy had always appeared when called in for questioning.

"Prime Minister Hun Sen has always said he is brave, so he should agree to appear in court," she said. "I still hope that the court will give us justice."

Legal misconduct claims
The case has also resulted in a complaint filed by Ky Tech against Kong Sam Onn, Mu Sochua's lawyer, on charges of violating professional codes of ethics by speaking publicly about the Mu Sochua case.

Kong Sam Onn appeared before a Bar Association inspection team Monday, but the meeting was suspended after he requested that the bar replace one of the inspection panel members - lawyer Hem Voun - who works at the law firm of Ky Tech. The meeting with the inspection team has now been suspended twice and has not been rescheduled.

Bar Association President Chiv Songkak said after the second cancellation that he supported Kong Sam Onn's request, but that he could not say who would replace Hem Voun on the inspection team.

Hem Voun also said he understood the request and "did not oppose" it.

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:

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.

Suit to proceed: Mu Sochua

Friday, 15 May 2009
Written by Neth Pheaktra
The Phnom Penh Post

SRP lawmaker urges objectivity in Bar’s investigation into lawyer

OPPOSITION lawmaker Mu Sochua maintained Thursday that she would not withdraw her defamation suit against Prime Minister Hun Sen, but urged the Cambodian Bar Association to act objectively in its investigation of her lawyer for misconduct, saying that she feared no one else would represent her if the organisation banned him from practising law.

"If Kong Sam Onn is disbarred, I don't know who I have confidence in and who would dare defend me in court," Mu Sochua said, referring to her lawyer, who is the subject of a complaint from Hun Sen's own counsel and former Bar Association president Ky Tech.

The Bar has said it will investigate Kong Sam Onn on accusations that he defamed Hun Sen. It said that he could be disbarred in a move that many see as politically motivated.

"Ky Tech made many comments about me that could be seen as an attempt to exert influence on the court. The Bar must show its independence.... This case is not about Mu Sochua; it is about justice," Mu Sochua said.

"I do not intend to withdraw my case from the court. Please rest assured that I intend to go all the way," she said.

"I will not apologise to Prime Minister Hun Sen in order to conclude the case. If I apologise to him, it means I accept that I am at fault.... Do not think that I will leave my pursuit for justice."

Bar Association spokesman Ly Tayseng said Thursday the investigation had not started because of the public holiday. "We expect to review the work after the public holiday next week," he said.

Mu Sochua is suing Hun Sen, saying that he called her cheung klang, a term that when literally translated means "strong leg".

She says the term can be derogatory when applied to women.

In response, Hun Sen is countersuing Mu Sochua for defamation, as well as asking that her lawyer be disbarred for violating the Bar Association's code of ethics.

I Do Not Intend to Drop my Law Suit: MP Mu Sochua

Tuesday, May 12, 2009

Dear Friends and Supporters,

I wish to clarify that I do not intend to withdraw my case from the court. Please rest assured that I intend to go all the way.

Please help bring to the attention of the International Bar Association, the very serious situation faced by my lawyer.

The shift now should be on the Bar as the way the PM's lawyer is able to so far manipulate this so called independent institution.

Ky Tech made many comments about me that could be seen as a clear influence on the court.

The Bar must show its independence. If the Bar considers my case, then the Bar must also consider Ky Tech as well.

This case is not about Mu Sochua, it is about Justice. I said it all along.

I was not given the time to clarify my point on VOA and the next day day RFA made its own interpretation without giving me a chance to clarify my view. Please take this as my personal stance on justice.

I thank all of you inside and outside of Cambodia for standing up with me against a system of justice that I dare challenge, even knowing that I will be dragged thru mud by the government and its very sophisticated system. But justice will prevail.

I would also like to inform all of you that MPs from the opposition will take up this case of intimidation of my lawyer to a higher level and to make this as an evaluation of the judiciary in Cambodia.

Do not think that I will leave my pursuit for justice nor that I fear. If that was the case, I would be on the first plane to the USA.

I continue to live my normal life, be as active as ever politically and continue to jog in the park every evening.

I totally understand that the world is watching and that our people count on me. I will never let you down not my principle to be lowevered. I have taken this path by joining SRP and I know the price we must pay.

I also want to share with you that my party is totally behind me and that you will see that we are about to switch my case to a new level that is about fair trail, rule of law and justice as a whole.

Best wishes,
Mu Sochua

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.

Sacrava's Political Carton: My Doggy Ky Ky

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

Mu Sochua’s case: Hun Sen’s lawyer summoned

04 May 2009
By 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.