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| The People’s Revolutionary Tribunal tries Khmer Rouge leaders Pol Pot and Ieng Sary in absentia in Phnom Penh in August 1979. (Photo by: The documentation centre of Cambodia) |
Royal pardon no saviour
Wednesday, 13 April 2011
James O'Toole
The Phnom Penh Post
Judges at Cambodia’s war crimes tribunal have ruled that a royal pardon granted to Ieng Sary in 1996 is no bar to the former Khmer Rouge foreign minister’s prosecution in the court’s looming second case.
Ieng Sary received the pardon, signed by then-King Norodom Sihanouk, upon defecting to the government in 1996. Sihanouk pardoned Ieng Sary in relation to his 1979 conviction in absentia at the People’s Revolutionary Tribunal, where he was sentenced to death in absentia along with regime leader Pol Pot, and granted him amnesty from prosecution under the 1994 Law to Outlaw the Democratic Kampuchea Group, which criminalised membership in the Khmer Rouge.
The issue of this pardon's scope and its effect on proceedings at the tribunal has been raised by observers and defence lawyers, as has the question of whether the current case against Ieng Sary could constitute double jeopardy in relation to his 1979 conviction. In a decision dated Monday, however, the court’s Pre-Trial Chamber dispensed with these issues.
“The amnesty granted to Ieng Sary was confined to the specific sentence pronounced in 1979,” the judges said in a unanimous decision.
“In the context where it is related to a sentence, the sole effect of the amnesty was to ‘abolish’ and ‘forget’ the 1979 sentence, thus ensuring that it would not be put into effect.
"It had no effect on the possibility to institute future prosecutions as the amnesty was not related to the ‘acts’ allegedly committed.”
The judges further noted that the text of the pardon provides amnesty only in relation to the 1994 legislation, not for the charges under domestic and international law that Ieng Sary currently faces at the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is formally known.
Ieng Sary has been charged with a raft of offences including genocide and crimes against humanity in a case that is set to go to trial within the next few months. He will be tried alongside former Khmer Rouge Brother No 2 Nuon Chea, head of state Khieu Samphan and Social Action Minister Ieng Thirith, none of whom received similar amnesties upon their defection to the government.
Officials from the United Nations and the Cambodian government were clearly aware of the issues surrounding Ieng Sary’s prosecution as they drafted regulations for the court.
“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 2003 agreement establishing the tribunal states.
“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.”
Anne Heindel, a legal adviser with the Documentation Centre of Cambodia, said the defence arguments touched on a “hugely important issue in international law” – namely, the question of whether pardons for grave crimes are sometimes necessary to end conflicts.
Should the ECCC disregard the 1996 pardon and amnesty, the defence argued in their appeal against Ieng Sary’s indictment, it could “have a severely detrimental impact on attempts to end future conflicts all over the globe”.
“Those taking part in hostilities who are willing to negotiate for peace will be unlikely to trust that any amnesty offered would later be judged valid,” the lawyers said.
Heindel said, however, that this issue was ultimately irrelevant because the language of Ieng Sary’s pardon and amnesty is limited, touching only on the 1994 law and his 1979 genocide conviction.
“Ultimately, if Ieng Sary wanted a better amnesty or pardon, he should have hired a lawyer to draft the text,” she said.
Prime Minister Hun Sen, then serving alongside Norodom Ranariddh in a coalition government, said in 1996 that Ieng Sary’s pardon and amnesty had been specifically tailored to allow for future prosecution.
“If you study the wording of the Royal [amnesty], you will see that there is still the possibility to try the crimes committed by Ieng Sary,” Hun Sen said. “We paid much attention to the wording of the pardon … there are no words in it which ban the accusation of Ieng Sary in front of a court which may be formed in the coming times.”
The Pre-Trial Chamber judges also said in their decision Monday that Ieng Sary’s impending prosecution will not constitute double jeopardy in relation to his 1979 trial because those proceedings were “not conducted by an impartial and independent tribunal with regard to due process requirements”.
The People’s Revolutionary Tribunal, formed shortly after the fall of the Khmer Rouge, has long been viewed as a show trial. The PRT president told reporters that the defendants were guilty before the trial had even begun, and a lawyer for the defence made a witness statement on behalf of the prosecution.
The Pre-Trial Chamber’s decision is not subject to appeal, though Ang Udom, a lawyer for Ieng Sary, said yesterday that the defence would likely raise these issues again when the case goes before the Trial Chamber.
ADDITIONAL REPORTING BY CHEANG SOKHA
6 comments:
how could it be a savior when people like scam rainsy kept abusing the law, etc! go figure! it's not cambodia, it's the individual with hardhead and disrespect for the rule of law, etc, you know! they always play with fire, you know! if a joker kept on playing with fire, of course, sooner or later, they'll get burned, really! wake up, people! have respect for rule of law in cambodia, ok!
nothing on this planet could save these crooked individuals if they kept violated khmer law, etc for the millionth time, you know! imagine that!
in cambodia, they have a habit of always blaming the system. i think it's not so much the system is to blame, it's more the individual people who do not respect the rule of law, who tend to look down on others with, who have evil attitude due to hate, racial bigotry, egocentrical view or behavior, greed, mentally ill, etc, etc... i hope they will wake up and see the bigger world out there instead of fighting each other like ignorant people or problematic children, etc, you know! enough already, wake up, people! there are more to cambodia than you and i, ok!
Var Kim Hong does recognize that Cambodia, if compared to the colonial Service Geographique de l’Indochine scale map 1/100,000 and the 1985 delimitation treaty, will loses 9,000 hectares; and compared to U.S Army Mapping Service scale map 1/50,000 with the 1985 Treaty, would lose about 7,900 hectares to Vietnam. This statement was confirmed by Var Kim Hong to Mr. Touch Bora Esq through a telephone conversation on 30 August 2002 at 4:30 p.m. (Sydney time), which Mr. Touch Bora Esq wrote in his letter dated on 9 September 2002 sent to Sam Dach Ta Noroudom Sihanouk concerning over border affairs.
In fact, the loss is absolutely more than the 1000 square kilometers stated by MP Sam Rainsy in his statement, if we add the size of the historical water of 30000 square kilometers awarded to Vietnam under the 1982 Agreement which has been into affect and now already become under the full control of Vietnam. And this would not be the last if the equidistance principle be used to delimit the maritime boundary, Cambodia will lose an additional area of sea and seabed measuring at least 860 square nautical miles from the Brevie Line to the north, analyzed by Mr. Touch Bora Esq or another 10000 square kilometers confirmed by Mr. Sean Pengse, the President of the Cambodian Border Committee Worldwide, which exclusively include another Koh Poula Wai to Vietnam added to the previous lost islands- Koh Tral (Dao Phu Quoc) and Koh Poulo Panjang (Dao Thu Chu).
This is why sVar Kim Hong said in front of Students´s Movement for Democracy (SMD), and Sam Dach Ta Norodom Sihanouk on 22 Janaury 2000 during our audience with him concerning the border resolution with Vietnam that; “If we want peace, we must sacrifice our flesh to the tiger.” The truth is discovered now that, “Sacrifice the flesh to tiger actually means cutting our land to the Viet.” This word was clearly spoken out from his mouth and there were Sam Dach Ta as witness and 31 members.
We must condemn this Var Kim Hong for his role in helping the traitorous regime of Hun Sen.
Smart Khmer Girl Ms. Rattana Keo,
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 10,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 10,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 10,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 10,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Smart Khmer girl Ms. Rattana Keo,
Ms. Rattana Keo is so stubborn to stand by her Koh Tral and sea area over 30 000 km2, even PM Hun Sen has to kill her whole families, she is still stand by her Koh Tral and 30 000 km2 of Cambodia sea area that PM Hun Sen gives to Vietnam as gift. That is not too bad for one Khmer girl; in fact it is very bravery hero of Cambodian women today. She is represented that Khmer women are not just for sex slave but can become a Khmer leader who do not fear of PM Hun Sen blackmail or black magic.
Cambodia need more people like Ms Rattana Keo to be honest.
Do Cambodian men around the world brave enough and dare enough to speak the true and stand by the true like Ms Rattana Keo? Do you?
Good on you smart Khmer girl Ms Rattana Keo, Good girl. Don’t give up on post about Koh Tral at least you do remind Cambodians every day.
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