CAMBODIA: Government interference threatens the independence of the Bar Association by overturning the result of presidency election

Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by recent events regarding the Bar Association of Cambodia.  Of most significance was the overturning of election results for the Bar Association by the Appeals Court.  The 16 October 2004 bi-annual election for the Bar Association presidency resulted in a surprise victory for Mr Suon Visal, who campaigned on increasing the independence of the bar, to better promote human rights and to gain additional international support for Bar Association programs.  However, the election results were quickly contested by Mr Ky Tech, the losing incumbent, who has strong ties to the government.  Subsequently, the Appeals Court overturned the election result in a highly suspect ruling issued from a closed court (the full text of the judgement will not be released).  This matter has been appealed by the Bar Council, which supports the new president, to the Supreme Court.  Also of concern is the admittance of Prime Minister Hun Sen and three of his senior advisers to the Bar, despite none of them having any legal credentials.  There is also the issue of the government recently donating a building to the Bar Association.  

It is evident that the independence of the Bar Association is under threat.  The Appeal Court’s judgement appears highly unfair and overwhelmingly politicised, there is no apparent reason why persons would be promoted to the Bar when they are not lawyers, and it is perhaps a signal of interference when the government is donating property to the Bar.  With this in mind, we urge you to intervene into this matter, to express your disappointment and disapproval of the government’s handling of this situation and to question the independence of the Bar Association of Cambodia.  

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The Bar Association of Cambodia is meant to be an independent body.  However, in recent months, it has become increasingly politicised. Of most significance was the overturning of election results for the Bar Association by the Appeals Court.  The 16 October 2004 bi-annual election for the Bar Association presidency resulted in a surprise victory for Mr Suon Visal.  However, the election results were quickly contested by Mr Ky Tech, the losing incumbent, who has strong ties to the government.  Subsequently, the Appeals Court overturned the election result in a highly suspect ruling issued from a closed court (the full text of the judgement will not be released).  The Appeals Court judgement is highly suspect due to the secretiveness of its findings, and because there appears no apparent reason to nullify the original and legitimate result, or to have the losing incumbent, Ky Tech, reinstated.

Further interference into the independence of the Bar Association has also been witnessed. Prime Minister Hun Sen and three of his senior advisors were mysteriously admitted as lawyers to the Bar, despite having no legal credentials.  Furthermore, The Council of Ministers recently donated a new building for the Bar, further binding it to the government. 

These events represent a grave threat to the independence of the Bar and, if they stand, pose a significant obstacle to Cambodian legal reform.  There is ample evidence that the nullification of the election by the Appeals Court is politically motivated.  It is also legally unsound.

The Bar Council of the Kingdom of Cambodia has been highly critical and vocal in its condemnation of the Appeal Court’s judgement.  It has stated that it “recognises only Mr Suon Visal as President of the Bar Association…[and that the]…Bar Association of the Kingdom of Cambodia shall not be responsible for any decision or activity by Mr Ky Tech on behalf of the Bar Association”.  The Bar Council has also criticised the Appeals Court for having failed to forward to the Council any formal notification regarding its judgement.

Soon after the judgement was announced, lawyers representing a large majority of the Bar Council (14 out of 19), lodged an appeal with the Supreme Court.  Any attempt by Mr Ky Tech to act as President while the appeal is pending is a violation of Article 13 of the Law on the Organisation and Activities of the Court, Article 217 of the Law on Criminal Procedure, and the Decision of the Supreme Court No. 09 dated March 10, 2004, all of which states that any judgement rendered by the Appeal Court shall not be enforced while it is under appeal to the Supreme Court.

Furthermore, the judgement made by the Appeal Court is partial and a violation of law based on several grounds.  Firstly, Mr Visal’s lawyers received notification of the Appeal Court trial only three days before the trial, rather than the 15 that is required.  Secondly, the Appeal Court illegally banned the public from the trial.  Thirdly, the Appeal Court violated Mr Visal’s right of appeal by ordering immediate enforcement of its decision even though, as previously explained, while a appeal to the Supreme Court is pending, the decision must not be enforced. Fourthly, the Appeal Court interfered with the independence of the Bar Association by ordering the defeated President to continue holding office for three months during which time he is to prepare a new election.

The above demonstrates the apparent interference by the Appeals Court and certain members of government with the independence of the Bar Association.  It would appear that powerful government backers of Mr Tech believe that the Bar Association presidency is not a matter of international concern and therefore a power play to keep Mr Tech in control will go unnoticed.  

SUGGESTED ACTION
Please send a letter, fax or email to the Cambodian authorities stating your disappointment and disapproval of the governments interference in this matter.  Please also send a copy of that letter to the other relevant bodies listed below.

To support this case, please click here: SEND APPEAL LETTER