Letter to US Secretary of State Hillary Clinton From the Ieng Sary Defense Team
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Showing posts with label Ieng Sary's lawyer. Show all posts
Showing posts with label Ieng Sary's lawyer. Show all posts
Wednesday, July 27, 2011
Wednesday, September 22, 2010
Youk Chhang sending mixed signals about tribunal corruption: Ieng Sary's lawyers
Wednesday, 22 September 2010
Ang Udom
Letter to The Phnom Penh Post
Dear Editor,
Ang Udom
Letter to The Phnom Penh Post
Dear Editor,
I write to express disappointment regarding the comments made by Mr Youk Chhang, director of the Documentation Center of Cambodia, in the article titled “Ieng Sary team seeks ECCC judge’s ouster” (The Phnom Penh Post, September 20). Mr Youk Chhang reportedly dismissed the Ieng Sary defence filing to disqualify the ECCC Presiding Trial Chamber Judge, Nil Nonn, as an attempt to “invite controversy”, adding that the problem of bribery and petty corruption at provincial courts was common knowledge in Cambodia. Mr Youk Chhang is quoted as saying “It’s publicly known”. The comments made by Mr Youk Chhang imply that there is corruption in Cambodian courts, and that this should simply be accepted.
The implications from these comments are shocking, especially in light of the Report of the United Nations Human Rights Envoy, Surya Subedi, which only this weekend branded the Cambodian judiciary as corrupt, incompetent and lacking independence. Mr Youk Chhang’s comments are all the more disappointing in light of hisposition as the director of DC-Cam, an NGO purportedly established to find the truth regarding the Khmer Rouge period. The ECCC presents an opportunity not only for Cambodia to find out the truth about the Khmer Rouge period, but also to act as a model court contributing to the rule of law in Cambodia. Mr Youk Chhang’s comments promote neither opportunity, but rather accept corruption as a given in the Cambodian judiciary. If Mr Youk Chhang is so blasé in accepting a potentially corrupt judiciary at the ECCC, perhaps he should look at his own position as director of DC-Cam, and whether he is promoting the aim of his organisation.
Ang Udom
Michael G Karnavas
Co-lawyers for Ieng Sary
The implications from these comments are shocking, especially in light of the Report of the United Nations Human Rights Envoy, Surya Subedi, which only this weekend branded the Cambodian judiciary as corrupt, incompetent and lacking independence. Mr Youk Chhang’s comments are all the more disappointing in light of hisposition as the director of DC-Cam, an NGO purportedly established to find the truth regarding the Khmer Rouge period. The ECCC presents an opportunity not only for Cambodia to find out the truth about the Khmer Rouge period, but also to act as a model court contributing to the rule of law in Cambodia. Mr Youk Chhang’s comments promote neither opportunity, but rather accept corruption as a given in the Cambodian judiciary. If Mr Youk Chhang is so blasé in accepting a potentially corrupt judiciary at the ECCC, perhaps he should look at his own position as director of DC-Cam, and whether he is promoting the aim of his organisation.
Ang Udom
Michael G Karnavas
Co-lawyers for Ieng Sary
Friday, February 26, 2010
Cambodia court warns lawyers for KRouge leader
Former Khmer Rouge deputy prime minister and minister of foreign affairs Ieng Sary sits in the courtroom during a public hearing at the Extraodinary Chambers in the Court of Cambodia (ECCC) in Phnom Penh on February 11. Cambodia's UN-backed war crimes court on Thursday warned lawyers for Sary to follow court rules or face possible sanctions for misconduct.26/02/2010
AFP
Cambodia's UN-backed war crimes court on Thursday warned lawyers for the former foreign minister of the Khmer Rouge regime to follow court rules or face possible sanctions for misconduct.
Ieng Sary's defence team, which includes US lawyer Michael Karnavas and Cambodian lawyer Ang Udom, received the warning after they filed three documents on matters already addressed by the tribunal.
Ieng Sary, 84, is one of five top regime figures detained in connection with the Khmer Rouge's bloody rule over Cambodia from 1975 to 1979, when up to two million people died from starvation, overwork or execution.
His team has raised several issues concerning their request to conduct their own investigations, access to the entire trial dossier and their alleged "lack of confidence" in the co-investigating judges and their staff.
But court documents released Thursday said communications from them showed disregard for the rules for the filing of documents, for judicial investigations procedures and warned against "duplicitous filings".
It said that breaches of the court's warnings "will result in the application of sanctions against them."
The judges warned Ieng Sary's lawyers that "they are prohibited from submitting duplicitous filings or filing made against matters already addressed on appeal..."
They also warned the lawyers that "they are prohibited from conducting their own investigations."
Khmer Rouge leader Pol Pot died in 1998. Final arguments in the court's first trial, of former prison chief Kaing Guek Eav, alias Duch, ended in November and a verdict is expected after April this year.
Besides Ieng Sary and his wife, former social affairs minister Ieng Thirith, the other ex-leaders in jail awaiting trial for genocide are "Brother Number Two" Nuon Chea and former head of state Khieu Samphan.
Ieng Sary's defence team, which includes US lawyer Michael Karnavas and Cambodian lawyer Ang Udom, received the warning after they filed three documents on matters already addressed by the tribunal.
Ieng Sary, 84, is one of five top regime figures detained in connection with the Khmer Rouge's bloody rule over Cambodia from 1975 to 1979, when up to two million people died from starvation, overwork or execution.
His team has raised several issues concerning their request to conduct their own investigations, access to the entire trial dossier and their alleged "lack of confidence" in the co-investigating judges and their staff.
But court documents released Thursday said communications from them showed disregard for the rules for the filing of documents, for judicial investigations procedures and warned against "duplicitous filings".
It said that breaches of the court's warnings "will result in the application of sanctions against them."
The judges warned Ieng Sary's lawyers that "they are prohibited from submitting duplicitous filings or filing made against matters already addressed on appeal..."
They also warned the lawyers that "they are prohibited from conducting their own investigations."
Khmer Rouge leader Pol Pot died in 1998. Final arguments in the court's first trial, of former prison chief Kaing Guek Eav, alias Duch, ended in November and a verdict is expected after April this year.
Besides Ieng Sary and his wife, former social affairs minister Ieng Thirith, the other ex-leaders in jail awaiting trial for genocide are "Brother Number Two" Nuon Chea and former head of state Khieu Samphan.
Tuesday, December 01, 2009
Court rejects probe of judges
Dec 1, 2009
AFP
AFP
PHNOM PENH - CAMBODIA'S UN-backed war crimes court has rejected a request by lawyers for a former Khmer Rouge leader to examine two judges at the tribunal for bias, said documents released on Tuesday.
Lawyers for former Khmer Rouge foreign minister Ieng Sary last month demanded a public hearing on the independence of Dutch judge Katinka Lahuis and Australian judge Rowan Downing, citing a speech by Cambodian premier Hun Sen.
However the court's pre-trial chamber on Monday ruled the submission was 'inadmissible, as well as being devoid of merit and unsupported by evidence'.
'A charge of partiality must be supported by a factual basis. The mere fact that a judge has been subjected to press criticism does not require the judge's disqualification,' the chamber's decision said.
The request cited a speech Prime Minister Hun Sen made in September, which came in response to the two judges' support for investigations of five additional Khmer Rouge suspects.
'I know that some foreign judges and prosecutors have received orders from their governments to create problems here,' Mr Hun Sen said in the speech.
Lawyers for former Khmer Rouge foreign minister Ieng Sary last month demanded a public hearing on the independence of Dutch judge Katinka Lahuis and Australian judge Rowan Downing, citing a speech by Cambodian premier Hun Sen.
However the court's pre-trial chamber on Monday ruled the submission was 'inadmissible, as well as being devoid of merit and unsupported by evidence'.
'A charge of partiality must be supported by a factual basis. The mere fact that a judge has been subjected to press criticism does not require the judge's disqualification,' the chamber's decision said.
The request cited a speech Prime Minister Hun Sen made in September, which came in response to the two judges' support for investigations of five additional Khmer Rouge suspects.
'I know that some foreign judges and prosecutors have received orders from their governments to create problems here,' Mr Hun Sen said in the speech.
Saturday, December 20, 2008
Tribunal Denies Paper Against 'Joint' Crimes
By Chun Sakada, VOA Khmer
Original report from Phnom Penh
19 December 2008
Original report from Phnom Penh
19 December 2008
Defense lawyers for jailed Khmer Rouge leader Ieng Sary have accused the Pre-Trial Chamber of the tribunal of interfering in the administrative work of the courts, following a denial of their thesis on certain legal theories.
The defense had written their thesis to exclude from trials topics such as Joint Criminal Enterprise, which can hold conspiring parties guilty for crimes committed by one, and other legal principles.
"We wrote our thesis and requested intervention and the denial of the implementation of charges under Joint Criminal Enterprise, which affects the interest of our client because it is not in Cambodian law," sad Ang Udom, a lawyer for Ieng Sary.
Ieng Sary was foreign affairs minister of the regime and faces charges of war crimes and crimes against humanity for his role.
"We brought our thesis to the tribunal for a decision, but the tribunal turned it back to us without a hearing," he said. "It's not right to deny our thesis and proposal."
The defense has now sent a letter to the courts, claiming the Pre-Trial Chambers' decision not to consider the thesis was interference in administrative work.
"If someone complains about a case to the court, the court receives the complaint," he said. "Whatever the court decides, the court should issue a verdict."
However, tribunal spokesman Reach Sambath said the chamber was within its rights to turn away the treatise.
Ang Udom issued a letter to the courts Thursday claiming he would launch the paper on his own Web site.
"If the court does not publish our thesis, we will post it on our Web site," he said. "If the court permits."
Reach Sambath said the team had a right to launch a Web site, but the Khmer Rouge tribunal Web site is officially recognized.
The defense had written their thesis to exclude from trials topics such as Joint Criminal Enterprise, which can hold conspiring parties guilty for crimes committed by one, and other legal principles.
"We wrote our thesis and requested intervention and the denial of the implementation of charges under Joint Criminal Enterprise, which affects the interest of our client because it is not in Cambodian law," sad Ang Udom, a lawyer for Ieng Sary.
Ieng Sary was foreign affairs minister of the regime and faces charges of war crimes and crimes against humanity for his role.
"We brought our thesis to the tribunal for a decision, but the tribunal turned it back to us without a hearing," he said. "It's not right to deny our thesis and proposal."
The defense has now sent a letter to the courts, claiming the Pre-Trial Chambers' decision not to consider the thesis was interference in administrative work.
"If someone complains about a case to the court, the court receives the complaint," he said. "Whatever the court decides, the court should issue a verdict."
However, tribunal spokesman Reach Sambath said the chamber was within its rights to turn away the treatise.
Ang Udom issued a letter to the courts Thursday claiming he would launch the paper on his own Web site.
"If the court does not publish our thesis, we will post it on our Web site," he said. "If the court permits."
Reach Sambath said the team had a right to launch a Web site, but the Khmer Rouge tribunal Web site is officially recognized.
Thursday, January 31, 2008
Ieng Sary's lawyer: Ieng Sary should get bail release so he can remain alive to testify about the KR regime
Ieng Sary continues to demand bail
Thursday, January 31, 2008
Everyday.com.kh
Translated from Khmer by Socheata
Thursday, January 31, 2008
Everyday.com.kh
Translated from Khmer by Socheata
Ieng Sary, the former minister of Foreign Affairs of the Democratic Kampuchea (Khmer Rouge) regime, who is currently incarcerated that the KR Tribunal, still maintains his position in his demand for bail release, based on his aging health condition. Ang Udom, Ieng Sary’s lawyer, told VOA that his client still demands for bail release and that the KRT should not place its focus on jailing his defendant, if the tribunal wants the latter to remain alive to answer and clarify the tribunal. Ang Udom said that Ieng Sary should be placed under house arrest because his illness is an emotional illness that requires intense care from his relatives. Ang Udom said that it would be a good thing that his client could remain alive to clarify to the tribunal about the truth on the genocidal Khmer Rouge regime. Reach Sambath, KRT spokesman, said only the 5 judges of the ECCC can decide on whether Ieng Sary will receive bail release or not.
Wednesday, November 14, 2007
Ieng Sary and his wife have selected their lawyers
13-11-2007
By Pen Bona
Cambodge Soir
Translated from French by Luc Sâr
By Pen Bona
Cambodge Soir
Translated from French by Luc Sâr
The day after their arrest, the Ieng couple have designated their defense lawyers.
After their arrests on 12 November, Ieng Sary, Democratic Kampuchea minister of Foreign Affairs, and his wife, Ieng Thirith, former minister of social affairs, have selected their defense lawyers. Ieng Sary selected Ang Udom, a lawyer since 1999 and current director of the legal unit for the Center for Social Development, to represent him at the ECCC. He should be choosing a foreign lawyer also sometimes this week. Ieng Thirith will be represented by two lawyers: Phat Pouv Seang, legal consultant to the legislative and judiciary committee of the National Assembly, and British lawyer Diana Ellis. Ieng Sary and Ieng Thirith were arrested and charged by the prosecuting co-judges for crimes against humanity and war crimes for Ieng Sary, and crimes against humanity for his wife.
After their arrests on 12 November, Ieng Sary, Democratic Kampuchea minister of Foreign Affairs, and his wife, Ieng Thirith, former minister of social affairs, have selected their defense lawyers. Ieng Sary selected Ang Udom, a lawyer since 1999 and current director of the legal unit for the Center for Social Development, to represent him at the ECCC. He should be choosing a foreign lawyer also sometimes this week. Ieng Thirith will be represented by two lawyers: Phat Pouv Seang, legal consultant to the legislative and judiciary committee of the National Assembly, and British lawyer Diana Ellis. Ieng Sary and Ieng Thirith were arrested and charged by the prosecuting co-judges for crimes against humanity and war crimes for Ieng Sary, and crimes against humanity for his wife.
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