Thursday, July 30, 2009

New York Bar Asks Hun Sen To Ensure Lawyer’s Freedom

July 30, 2009
By Douglas Gillison And Yun Samean
The Cambodia Daily

Adding to a groundswell of concern about the freedom to practice law in Cambodia, the New York City Bar Association called on Prime Minister Hun Sen this month to guarantee the right of lawyers to defend clients of their choosing.
“The association is deeply concerned that attorneys in Cambodia are being subjected to threats and intimidation, tacitly condoned by the government, for their work to ensure that the rule of law is applied fairly and evenly throughout the country,” Bar President Patricia Hynes, a former federal prosecutor, wrote in a July 17 letter.
Recent legal and administrative actions taken against lawyers for government detractors have drawn heated criticism in the international press this month and a caution from Leandro Despouy, UN envoy for judicial independence.
Lawyers Rights Watch Canada in June also wrote to Mr Hun Sen expressing concern after the government brought criminal defamation charges against Kong Sam Onn, who subsequently resigned as attorney for SRP lawmaker Mu Sochua in a defamation lawsuit against the premier.
In her letter, Ms Hynes said the New York Bar, which maintains a committee on international human rights, was calling for an immediate investigation into the reported political intimidation of lawyers in Cambodia.
“In particular, we urge you to take appropriate action to guarantee that those lawyers offering legal assistance to position members of the National Assembly and to indigenous communities disputing land claims, as well as those lawyers calling for an investigation of corruption allegations in the ECCC are not subjected to threats, intimidation, prosecution or disciplinary action for practicing their profession,”said the letter.
The letter was also sent to both US senators form New York, Charles Schumer and Kirsten Gillinbrand, the latter of whom sits on Senate subcommittees for foreign aid, East Asian affairs and human rights.
Government spokesman Khieu Kanharith could not be reached on Wednesday. However Chiv Songhak, president of the Cambodian Bar Association, said Cambodian lawyers suffer no undue pressure.
“We don’t belong to any political party. We don’t express political or religious views,” he said. “The government doesn’t influence any lawyers.”
New York is far from Phnom Penh, he added. “They don’t know about Cambodia”

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