Ieng SaryBy Mean Veasna, VOA Khmer
Original report from Phnom Penh
02 July 2008
Jailed Khmer Rouge leader Ieng Sary appeared for a third day in pre-trial hearings, where the court heard arguments surrounding a royal pardon for a 1979 genocide verdict and death sentence.
Defense lawyers are pushing for Ieng Sary's release on the grounds that he has already been tried for genocide, by a 1979 court set up in the wake of the ouster of the Khmer Rouge by Vietnamese forces. As part of a deal with the government in 1996, then-king Norodom Sihanouk pardoned the former Khmer Rouge foreign minister in return for his defection to the government.
Ieng Sary, who was too weak to finish a hearing on Monday, sat quietly in the court room listening to the arguments.
"The amnesty and the pardon conform with the Cambodian constitution," said Ang Udom, Ieng Sary's Cambodian lawyer. "All the crimes that have been charged against him are under the dimension of this royal [decree]."
"The pre-trial chamber must order the release of Ieng Sary, urgently and without condition," Ang Udom told the court.
The pardon, granted Sept. 14, 1996, banned further accusations of Ieng Sary under an anti-Khmer Rouge law.
Michael Karnavas, co-defense for Ieng Sary, said Wednesday the pardon was approved by the National Assembly and co-prime ministers Prince Norodom Ranariddh and Hun Sen.
The co-prime ministers understood the necessity for amnesty for Ieng Sary, which led to the mass defection of Khmer Rouge troops to the government, Karnavas said.
Ieng Sary was an agent of peace, Karnavas said.
However, prosecutors and civil parties rejected the legitimacy of the pardon.
Co-prosecutor William Smith said Cambodia was a signature country to international genocide mandates.
According to international law, and to obligations of each country member, Cambodia has an obligation to charge against such kind of violation, Smith said.
The royal pardon was only for Ieng Sary's execution, and not to prevent the prosecution of other crimes, Smith said.
Civil parties, which participated in the hearing, explained that the pardon was involved with government policy at the time, and the royal pardon was motivated by peace and reconciliation for the country.
Defense lawyers are pushing for Ieng Sary's release on the grounds that he has already been tried for genocide, by a 1979 court set up in the wake of the ouster of the Khmer Rouge by Vietnamese forces. As part of a deal with the government in 1996, then-king Norodom Sihanouk pardoned the former Khmer Rouge foreign minister in return for his defection to the government.
Ieng Sary, who was too weak to finish a hearing on Monday, sat quietly in the court room listening to the arguments.
"The amnesty and the pardon conform with the Cambodian constitution," said Ang Udom, Ieng Sary's Cambodian lawyer. "All the crimes that have been charged against him are under the dimension of this royal [decree]."
"The pre-trial chamber must order the release of Ieng Sary, urgently and without condition," Ang Udom told the court.
The pardon, granted Sept. 14, 1996, banned further accusations of Ieng Sary under an anti-Khmer Rouge law.
Michael Karnavas, co-defense for Ieng Sary, said Wednesday the pardon was approved by the National Assembly and co-prime ministers Prince Norodom Ranariddh and Hun Sen.
The co-prime ministers understood the necessity for amnesty for Ieng Sary, which led to the mass defection of Khmer Rouge troops to the government, Karnavas said.
Ieng Sary was an agent of peace, Karnavas said.
However, prosecutors and civil parties rejected the legitimacy of the pardon.
Co-prosecutor William Smith said Cambodia was a signature country to international genocide mandates.
According to international law, and to obligations of each country member, Cambodia has an obligation to charge against such kind of violation, Smith said.
The royal pardon was only for Ieng Sary's execution, and not to prevent the prosecution of other crimes, Smith said.
Civil parties, which participated in the hearing, explained that the pardon was involved with government policy at the time, and the royal pardon was motivated by peace and reconciliation for the country.
8 comments:
Gentlemen
Was that 1996's trial over Mr Ieng Sary by Pnom Penh court transparent, and responded to cambodian victims ?.
I vividly remembered that even though skinny cambodian victims starved arrested and yet to be tortured and slained by ORGANISATION.
I wonder when cambodians become no longer victims of our own ruling.
This has displayed strategy and complexity of VIETNAMISATION.
Very sad indeed.
Neang SA
Say no to Ieng Sary to be released,by no EXUSED!!!!!!!!
Neang SA;
1996 was not the year that Ieng Sary was trialed or convicted by the Phnom Penh, but it was the year that he received a royal pardon as part of the deal of the RGC in order to disable and criple the KR movement.
The 1996 royal pardon was a trick to bring the old KR tigers into the cage, the same trick that the KR used to bring Sihanouk an poor people to the war. This is a trial by an international court, not Cambodia.
KR Victim
Hahahaha Ieng Sary....you are a SUCKER. Karma comes back to haunt you and you cannot escape. Perhaps one day, very soon, you get to meet your friends Pol Pot, Ta Mok and Son Sen in hell.
Royal Pardon My Ass! Bring Sihanuk to court too!
If Nixon can be pardoned, so as Ieng Sary. Rule of law must be uniform globally.
Fukk you ah 6:44AM. Ah runteass banh. Kom rormil kun peik ah.
Preah Viheah came back doy sna day neak na? Ah prass srok.
Our King did it.
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