The Cambodian Human Rights Action Committee (CHRAC), a coalition of 23 local NGO members and the Bangkok-based Asian Forum for Human Rights and Development (Forum Asia), applaud the progress made by the Review Committee on Internal Rules during the 10-day meeting in resolving the major disagreements. We trust the agreement of these issues responded to CHRAC's nine key concerns submitted to the First Plenary Session held in November 2006 (ie, power of the Pre-Trial Chamber, nature of supermajority voting, defence rights, victim participation, protection and reparations, widespread public access to reasoned decisions of the Court, etc.).

CHRAC and Forum Asia would like to express our deep concern about the newly-raised issue of fees for foreign lawyers in terms of application and when they are selected to practice as imposed by the Bar Association of the Kingdom of Cambodia (BACK) as stated in the statement of the Extraordinary Chambers in the Court of Cambodia (ECCC) released on March 16, 2007 and newspaper articles.

It is a truism that qualified lawyers both national and international ones play an important role in the legal proceeding to ensure a fair trial and proper administration of justice. Every “charged individual”, “suspect”, defendant and/or victim has the fundamental right to an effective counsel of his choice. If an individual cannot pay for counsel of his choice, then it is the duty of the State via the BAKC to provide legal counsel free of charge. We know that the majority of Cambodians are poor whereby 35% live on less that 0.45 USD a day.

Also, there must be some foreign lawyers that will not be included in the list of foreign lawyers funded by the ECCC (by UN), but meet its requirements of the Defense Section, will be considered as foreign lawyers that may be chosen by both the accused and victims.

We urge the BAKC to reconsider its request, in particular the exorbitant, prohibitive amount in light of spirit of larger goals of the ECCC and in light of other international and mixed tribunals (ICTY, ICTR, and SCSL) which on the whole do not charge a fee or a limited amount. We believe the BAKC’s request practically and severely limits the freedom of choice of counsel afforded an individual, a legal principle that is recognized both by Cambodia and Cambodia with other nations.

CHRAC and Forum Asia urge all parties involved not to use the issue of charging fees for foreign lawyers as an impediment to obstruct justice seeking process for million of Cambodian people who are waiting anxiously. If the tribunal fails due to the imposed fees for foreign lawyers, it will be the most responsibility for Cambodia for its people and history as well as the world. Also, CHRAC and Forum Asia strongly urge the Plenary Session of the ECCC officials in April 2007 to adopt the long-awaited Internal Rules.

For more information, please contact:
▪ Mr. Thun Saray Chairman of CHRAC/President ADHOC Tel: +855-16 880 509 (Phnom Penh)
▪ Ms. Nay Dina Executive Director of KID Tel: +855-11 924 286 (Phnom Penh)
▪ Ms. Seng Theary Executive Director of CSD Tel: +855-12 222 552 (Phnom Penh)
▪ Mr. Chiv Youmeng President of KYA Tel: +885- 12 772 271 (Phnom Penh)
▪ Mr. Anselmo Lee Executive Director of Forum Asia Tel: +666818689178 (Bangkok)

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