Say Bory
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Say Bory (Khmer: ) is a prominent Cambodian lawyer who served as a defense lawyer of
Khieu Samphan Khieu Samphan ( km, ខៀវ សំផន; born 28 July 1931) is a Cambodian former communist politician and economist who was the chairman of the state presidium of Democratic Kampuchea (Cambodia) from 1976 until 1979. As such, he served as ...
during the Khmer Rouge tribunal, and currently sits on the Constitutional Council of Cambodia.


Biography


Education

Say Bory was born on 29 January 1940 in Phnom Penh. After earning a master's degree in political science from the Royal University of Law and Economics in 1965, Say Bory was appointed vice-governor of the Province of Siem Reap. It was in that position that in 1966, Say Bory, as vice-governor of the, welcomed French president Charles de Gaulle during his diplomatic journey. As Civil War raged in Cambodia, Say Bory went to Paris to further his studies and he defended his thesis in Paris in 1973 on rural administration in Cambodia and its reform projects (''L'administration rurale au Cambodge et ses projets de réforme)''. From 1981 to 1982 he worked as a legal advisor at the Paris City Hall, before starting his own business. During those years of exile, he was the European delegate for the
Khmer People's National Liberation Front The Khmer People's National Liberation Front (KPNLF, km, រណសិរ្សរំដោះជាតិប្រជាជនខ្មែរ) was a political front organized in 1979 in opposition to the Vietnamese-installed People's Republic of ...
and its main legal advisor.


Return to Cambodia

When Say Bory returned to Cambodia in 1992, he was chosen by the
United Nations Transitional Authority in Cambodia The United Nations Transitional Authority in Cambodia (UNTAC) ar, سلطة الأمم المتحدة الانتقالية في كمبوديا, italics=off zh, , italics=offfrench: Autorité provisoire des Nations unies au Cambodgerussian: Орг ...
as a legal expert in constitutional affairs and taught constitutional law at the university once again. From 1993 to 1995, Say Bory was Minister for the relationship with the Parliament. In the general election of 1993, Say Bory was candidate for the
Khmer People's National Liberation Front The Khmer People's National Liberation Front (KPNLF, km, រណសិរ្សរំដោះជាតិប្រជាជនខ្មែរ) was a political front organized in 1979 in opposition to the Vietnamese-installed People's Republic of ...
's political arm, the
Buddhist Liberal Democratic Party The Buddhist Liberal Democratic Party (BLDP) ( km, គណបក្សប្រជាធិបតេយ្យសេរីនិយមព្រះពុទ្ធសាសនា) was a Cambodian political party founded in 1993 by former Cambodian Pri ...
in Kandal province surrounding Phnom Penh. As monarchy was restored in Cambodia, it was according the Say Bory "the irony of history" that he and his fellow liberal democrats would be the ones supporting such a restoration. After a split in leadership between Ieng Mouly and Son Sann, Say Bory was expelled from the party in 1995 with four other high-ranking members. That year, Say Bory came to prominence in Cambodia when he defended former Minister of Foreign Affairs Prince
Norodom Norodom ( km, នរោត្តម, ; born Ang Voddey ( km, អង្គវតី, ); 3 February 1834 – 24 April 1904) was King of Cambodia from 19 October 1860 to his death on 24 April 1904. He was the eldest son of King Ang Duong and was ...
Sirivudh against charges that he plotted to kill Second Prime Minister Hun Sen. Say Bory was chosen to be the first President of the Bar Association in October 1995. He was re-elected on 16 October 1996. At that time, Say Bory worked both internationally and nationally to improve the standards of the legal system in Cambodia. He traveled to four ASEAN countries to learn from the best practises concerning the Bar association. Beginning in 1996, as president of the Bar Association of the Kingdom of Cambodia, Say Bory, began weekly radio broadcasts on the citizen and the law.


Overcoming crisis at the Constitutional Council

In a letter dated 8 June 1998, as President of the Cambodian Bar Association Say Bory challenged
Chea Sim Chea Sim ( km, ជា ស៊ីម; 15 November 19328 June 2015) was a Cambodian politician. He was President of the Cambodian People's Party from 1991 to 2015, President of the National Assembly of Cambodia from 1981 to 1998 (Vice President fr ...
"to protect the prestige and honor of the Constitutional Council" saying that the latter should not have presided over two sessions of the Supreme Council of Magistracy in order to undermine the creation of the Constitutional Council. When the Constitutional Council first met on 15 June 1998, Royal appointee Pung Peng Cheng stepped down and was replaced by Say Bory while other appointees of the King never attended any Council meetings. On September 2, 1998, Say Bory was one of the main authors of a scathing report from within the Constitutional Council that surfaced in King Norodom Sihanouk's monthly bulletin adding weight to the opposition's accusations that the nation's top legal body is biased toward the
Cambodian People's Party The Cambodian People's Party (CPP), UNGEGN: , ALA-LC: ; is a Cambodian political party which has ruled Cambodia since 1979. Founded in 1951, it was originally known as the Kampuchean People's Revolutionary Party (KPRP)., UNGEGN: , ALA-LC: ...
. In fact, a mechanism for judicial review was guaranteed under the 1993 Constitution by the establishment of a Constitutional Council, but the controversial context in which the relevant law was adopted and the council established led to general allegations of a lack of credibility of the body: In 2001, Say Borin was critical of a ban on meetings concerning the border dispute between Vietnam and Cambodia suggesting that "Cambodia has no freedom of expression". In September 2014, Say Bory began working as legal advisor to
Kem Sokha Kem Sokha ( km, កឹម សុខា; born 27 June 1953) is a Cambodian politician and activist who most recently served as the President of the Cambodia National Rescue Party (CNRP). He served as the Minority Leader, the highest-ranking oppo ...
, leader of the opposition, in his new role as first deputy president of parliament.


Contribution


Defending Khieu Samphan

Along with controversial French lawyer
Jacques Vergès Jacques Vergès (5 March 1925 – 15 August 2013) was a Siamese-born French lawyer and anti-colonial activist. Vergès began as a fighter in the French Resistance during World War II, under Charles de Gaulle's Free French forces. After becoming ...
, Say Boury was the defense lawyer of Khmer Rouge criminal
Khieu Samphan Khieu Samphan ( km, ខៀវ សំផន; born 28 July 1931) is a Cambodian former communist politician and economist who was the chairman of the state presidium of Democratic Kampuchea (Cambodia) from 1976 until 1979. As such, he served as ...
.


Strengthening the rule of law in Cambodia

Say Bory has insisted that despite the King of Cambodia being invested by article 9 of the Constitution to defend the rights of his people, there is a need in Cambodia for the office of an ombudsman to safeguard the protection of human rights. He has been careful to protect the independence of the judiciary in Cambodia, especially while seating at the Constitutional Council of Cambodia:


Raising political awareness

Say Bory as a lawyer has also been an active commentator on political life in Cambodia and actively taken part in the debate over the future of Cambodian democracy. He has continued to express strong political opinions albeit acknowledging when he was secretary of state for relations with Parliament that "opposing
Hun Sen Hun Sen (; km, ហ៊ុន សែន, ; born 5 August 1952) is a Cambodian politician and former military commander who has served as the prime minister of Cambodia since 1985. He is the longest-serving head of government of Cambodia, and ...
's policies puts your life at risk". Say Bory has been intent on providing legal training to Cambodians to raise their political awareness, since coming back to Cambodia in 1992, teaching at the university, doing radio shows, and organizing seminars in the provinces:


Family

Say Bory is the father of Say Tevi, one of France’s most famous female
Mixed Martial Arts Mixed martial arts (MMA), sometimes referred to as cage fighting, no holds barred (NHB), and ultimate fighting, and originally referred to as Vale Tudo is a full-contact combat sport based on striking, grappling and ground fighting, inc ...
fighters


References


External links


Profile of Dr. Say Bory on the official website of the Extraordinary Chambers in the Courts of Cambodia

''Curriculum vitae'' of Dr. Say Bory on the official website of the Constitutional Council of Cambodia
{{DEFAULTSORT:Say, Bory 1940 births Cambodian lawyers Living people