Tuesday, April 03, 2007

That clinking clanking sound

The deadline, to find a solution to the problem of international defense lawyers fees, runs out today. This issue is one of the many that plagues the ECCC. The two sides seem to find it difficult to agree on anything. Of course it does not help that the bar association president Ky Tech is admonishing the international lawyers for behaving childishly. The story from the International Herald Tribune -

The bar association wants foreign lawyers to pay a US$500 (€375) membership application fee. If chosen to work with a client, they must pay an additional US$2,000 (€1,500) and a US$200 (€150) monthly fee, Ky Tech said.

He argued that foreign lawyers selected to practice at the tribunal could earn up to US$30,000 (€22,510) a month and could, therefore, afford the fees.

The international judges have said the fees severely limit the rights of the accused and of victims to select counsel of their choice. They said they will boycott a meeting next month on internal rules governing the proceedings if the fee issue is not resolved.

The Hong Kong-based Asian Human Rights Commission said in a statement Friday the bar association "must be condemned for their action in imposition (of) exorbitant fees, which has no doubt brought more delays and may even be the reason why the trial proceedings collapse altogether."

The move "is immoral and reprehensible" and "must be looked at as an inhuman act," the commission said, adding the bar association "is widely known to be under government control."

Yeah we know the Bar Association is under government control - everything is. One could compare a 98% share of the commune council elections to other developing countries which have autocratic leaders that are "elected" by a overwhelming majority.

Officials are arguing that these fees may affect the quality of lawyer that will be willing to come to Cambodia as defense counsel and as a result defenders may be constrained in their choice of counsel. Others are comparing the fees for international and national lawyers.

The point about the Bar Association, is this issue appears to be yet another attempt to wrangle as much cash out of internationals as possible. One of the more cynical opinions I've heard lately is that the Government is not going to let the tribunal collapse because there still are millions to get of the international community. Whether one agrees with that statement or not, there is a case to be made. The fees are objectively exorbitant.

Well perhaps a decision will be made today and the tribunal can move on to the next divisive issue.

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