Original report from Phnom Penh
20 November 2007
A royal pardon for former Khmer Rouge foreign minister Ieng Sary does not mean he should not see trial under the Cambodian tribunal, a leading human rights expert said Tuesday.
Ieng Sary defected to the Cambodian government in 1996, in what was seen a critical step in bringing peace to the country.
He did so under an immunity deal and was pardoned, but that does not excuse him from tribunal charges against him, said Lao Mong Hai, of the Hong Kong-based Asian Human Rights Commission. Ieng Sary was arrested last week and charged with war crimes and crimes against humanity by the Khmer Rouge tribunal.
Ieng Sary defected to the Cambodian government in 1996, in what was seen a critical step in bringing peace to the country.
He did so under an immunity deal and was pardoned, but that does not excuse him from tribunal charges against him, said Lao Mong Hai, of the Hong Kong-based Asian Human Rights Commission. Ieng Sary was arrested last week and charged with war crimes and crimes against humanity by the Khmer Rouge tribunal.
9 comments:
Mr. Heng Soy, please correct Dr. Lao Mong Hay name: it's LAO MONG HAY and not LAO MONG HAI, please?
Delete my comment here afterwards. Thanks.
Dr. Lao say what?
He's just a despicable hypocrite person who love to lecture people on his nonsense rule-of-law and bullshit (not Buddhist); that is why he said what he said.
It is true; Sary and his wife should be put on trial as other Khmer Rouge leaders too because it is not fair if the couple can walk free from the tribunal. The pardon which granted to him by the king is not valid for the international tribunal, but it is probably valid for the national court. The International Court of Justice in Hague is the only body that have the power to grant immunity for him and his wife.
Nope, all courts (including the tribunal) in Cambodia must conformed to all Khmer laws.
Those who wish to understand more about the amnesty for Ieng Sary and his arrest should read the following except from the agreement between the UN and the cambodin government:
" Agreement Between The United Nations And The Royal Government Of Cambodia Concerning The Prosecution Under Cambodian Law Of Crimes Committed During The Period Of Democratic Kampuchea
…
Article 11
Amnesty
1. The Royal Government of Cambodia shall not request an amnesty or pardon for any persons who may be investigated for or convicted of crimes referred to in the present Agreement.
2. This provision is based upon a declaration by the Royal Government of Cambodia
that until now, with regard to matters covered in the law, there has been only one case, dated 14 September 1996, when a pardon was granted to only one person with regard to a 1979 conviction on the charge of genocide. The United Nations and the Royal Government of Cambodia agree that the scope of this pardon is a matter to be decided by the Extraordinary Chambers."
LAO Mong Hay, Hong Kong
Okay Dr. Lao, what are you trying to tell us here? It is okay for the ECCC to be above our law as long as the government agreed to it? I don't like to guess; so why don't you tell us directly why the pardon did not exempt Ieng Sary from prosecution.
Dr. Lao?
Come on, out with it? Who behind all this? You can't hide this sort of thing. We are not so dumb because be don't have the stupid westerner education, you know?
Allow me to brief you on the profile of this issue.
If the ECCC try Ieng Sary, the royal's pardon will become useless in the future. And should we run into the same situation again in the future where we desire piece over perpetual war, we will be lacking mean to get what we want because no one will trust any of our law anymore. Furthermore, when the pardon is meaningless, so does our monarch. What good is our king without the power of a pardon? We (Khmer) don't want no such useless king, and you know better.
Thus, the ECCC should not exercise the privilege to go over our king head, unless they want to destroy our monarch and the credibility of our law. Are you with me, dr. Lao?
Continue from 11:26,
And FYI, Dr. Lao, I suspected all anti-monarchs are behind all this, not excluding any of opposition leaders, in particular, Ah Sam Rainsy and his cronies. Thus, is is not so hard to get to perpetrators here.
Does anyone noticed Ah Sam Rainsy is awfully quiet about Ieng Sary pardon?
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