Borther No. 2 taken to the hospital; Comrade Ieng Sary goes to court for his bail appeal hearing

A security personnel gestures as the ambulance carrying former Khmer Rouge leader "Brother Number Two" Noun Chea leaves from the prison at the Extraordinary Chambers in the Courts of Cambodia (ECCC) to hospital for a routine medical check up on the outskirts of Phnom Penh February 11, 2010. REUTERS/Chor Sokunthea
Former Khmer Rouge Foreign Minister Ieng Sary (C) attends his bail appeal hearing of the U.N. backed tribunal at the Extraordinary Chambers in the Couts of Cambodia (ECCC) in the outskirts of Phnom Penh February 11, 2010. REUTERS/Mak Remissa
Former Khmer Rouge Foreign Minister Ieng Sary (C) stands during his bail appeal hearing of the U.N. backed tribunal at the Extraordinary Chambers in the Couts of Cambodia (ECCC) in the outskirts of Phnom Penh February 11, 2010. REUTERS/Mak Remissa
Former Khmer Rouge Foreign Minister Ieng Sary (L) stands during his bail appeal hearing of the U.N. backed tribunal at the Extraordinary Chambers in the Couts of Cambodia (ECCC) in the outskirts of Phnom Penh February 11, 2010. REUTERS/Mak Remissa

Ieng Sary’s defense alludes to the possibility of the ECCC’s disappearance

Michael Karnavas, Ieng Sary's defense lawyer (Photo: AN, Cambodge Soir Hebdo)

02 April 2009
By A.L.G.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French

Ang Udom and Michael Karnavas, co-defense lawyers for the ex-KR Foreign Affairs minister, used Hun Sen’s claim made on 31 March and the alleged tribunal corruption to contest the provisional detention of their client.

On Thursday 02 April, Ieng Sary’s defense lawyers talked about a possible disappearance of the ECCC during the appeal hearing against the extension of the provisional detention of their client.

“Two days ago, PM Hun Sen indicated that he was deceived that Japan gave $200,000 to pay the salary of the Cambodian side of the Tribunal,” Michael Karnavas said. “Now, donor countries are hesitating to finance [the ECCC].”

“Everything is tied,” the US lawyer added. “With the budget crisis and the alleged corruption, will we be here in six months? Must they continue to detain Mr. Ieng Sary, knowing that the prosecution will not be able to follow suit?”

Pursuing his argument while asking for an investigation on the tribunal corruption, Michael Karnavas was interrupted by Anees Ahmed, the Indian co-prosecutor, who noted that the word “corruption” does not appear in on the 19-page appeal memo, therefore, the defense cannot raise this argument.

The judges asked the defense to continue and to evoke only medical reasons to justify Ieng Sary’s house arrest, Michael Karnavas preferred letting the co-prosecutor speak.

During the previous hearings, Victor Koppe and Michiel Pestman, Nuon Chea’s international lawyers, had also raised the KRT corruption issue, indicating that such allegations would compromise their client’s right to a fair trial.