Delays in court
The international judges of the Extraordinary Chambers in the Courts of Cambodia today presented the President of the Supreme Court Chamber of the ECCC with a letter informing the Cambodian judges of their decision not to hold a judicial plenary session to adopt the internal rules of the court in April 2007.
The letter, signed by all the international judges of the ECCC, notes that two weeks have passed since the ECCC’s Review Committee issued a statement asking for the Cambodian Bar to reconsider its position over fees imposed on foreign lawyers. The letter states that the international judges were, “saddened that at the time of writing, the Cambodian Bar had not reconsidered its position.” With the fee issue still unresolved and not enough time remaining to fix their schedules or accommodate previous commitments, a 30 April plenary it is no longer possible for the international judges.
The international judges believe the Cambodian Bar's proposed first year fee of USD $4900.00 would create a prohibitive entry cost and was not in line with accepted practice at the international level. The proposed fee would severely limit the number of foreign lawyers able to appear before the ECCC and would allow the accused to argue that they have not been afforded the right to have counsel of their choice, in breach of the International Covenant of Civil and Political Rights. Further, such a fee would exclude many lawyers that are volunteering to represent victims for free, as they would be left significantly out of pocket for offering their services pro-bono.
Source
So the Plenary Session has been put back (again) because of the fee issue. The proposed fees would be extortionate to be sure. Will relations survive between the Cambodian and International judges if this issue is resolved without the Bar Association? Legal it may be, but in the interests of diplomacy, a compromise including the Bar Association would be better. Unfortunately the Bar Association won't budge.
Sometimes I think the tribunal could benefit from being told to just get on with it. The constant delays and bickering is not really in the spirit of the thing and comes off as childish. Besides almost every day rumours abound that the tribunal collapsed or will only last another few days. It's tiresome. Get it together.
The letter, signed by all the international judges of the ECCC, notes that two weeks have passed since the ECCC’s Review Committee issued a statement asking for the Cambodian Bar to reconsider its position over fees imposed on foreign lawyers. The letter states that the international judges were, “saddened that at the time of writing, the Cambodian Bar had not reconsidered its position.” With the fee issue still unresolved and not enough time remaining to fix their schedules or accommodate previous commitments, a 30 April plenary it is no longer possible for the international judges.
The international judges believe the Cambodian Bar's proposed first year fee of USD $4900.00 would create a prohibitive entry cost and was not in line with accepted practice at the international level. The proposed fee would severely limit the number of foreign lawyers able to appear before the ECCC and would allow the accused to argue that they have not been afforded the right to have counsel of their choice, in breach of the International Covenant of Civil and Political Rights. Further, such a fee would exclude many lawyers that are volunteering to represent victims for free, as they would be left significantly out of pocket for offering their services pro-bono.
Source
So the Plenary Session has been put back (again) because of the fee issue. The proposed fees would be extortionate to be sure. Will relations survive between the Cambodian and International judges if this issue is resolved without the Bar Association? Legal it may be, but in the interests of diplomacy, a compromise including the Bar Association would be better. Unfortunately the Bar Association won't budge.
Sometimes I think the tribunal could benefit from being told to just get on with it. The constant delays and bickering is not really in the spirit of the thing and comes off as childish. Besides almost every day rumours abound that the tribunal collapsed or will only last another few days. It's tiresome. Get it together.
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