Hearing to Continue for Ieng Sary Pardon
Lawyers for the accused Khmer Rouge leader told the courts Tuesday he's already been tried, and pardoned. (01 July 2008)
Jailed Khmer Rouge Ieng Sary was able to participate in ahearing Tuesday, over whether his pardon from a 1979 trial verdict shouldexcuse him from the tribunal. A hearing over his pre-trial detention was cutshort Monday, due to health concerns. Ieng Sary, the regime's former foreign affairs minister, was found guilty of genocide in absentia by aVietnamese-backed trial following the ouster of the Khmer Rouge, and he waspardoned by King Norodom Sihanouk in 1996. The hearing continues Wednesday, as tribunal judges seek todecide whether the 1996 pardon would make him ineligible for trial by the KhmerRouge tribunal. "Indeed, the trial of 1979 extends to all the criminalactivities that Ieng Sary is accused of until now," Ang Udom, Ieng Sary'sCambodian lawyer, told the court Tuesday. "So there is no need to make atrial twice, based on the principle of [double jeopardy]. This principal saysthat one person cannot be tried twice for the same accusation." Co-defense laywer Michael Karnavas told the court TuesdayIeng Sary should be kept under house arrest. On Monday, Ieng Sary's weakenedcondition prevented the afternoon session of a hearing to determine whether heshould be detained ahead of his atrocity crimes trial. Yeth Chakrya, co-prosecutor, told the court that Ieng Sarywas facing crimes other than genocide, and the tribunal had found evidence ofcrimes against humanity, torture and war crimes. The pre-trial chamber mustconsider this, he said, and must reject the decision of the 1979 trial.