Logo of Phnom Penh Post newspaper Phnom Penh Post - Ieng Sary seeks delay to case 002 for appeal

Ieng Sary seeks delay to case 002 for appeal

Ieng Sary seeks delay to case 002 for appeal

Lawyers for former Khmer Rouge Foreign Minister Ieng Sary have a requested that proceedings in the court’s second case be paused pending a decision on an intended appeal to the Supreme Court Chamber.

The appeal relates to a recent decision on a 1996 royal pardon and amnesty granted to Ieng Sary. In 1979, Ieng  Sary was convicted in absentia of genocide and crimes against humanity by the People’s Revolutionary Tribunal.

He was later granted a royal pardon by King Norodom Sihanouk and amnesty from prosecution under a 1994 law that outlawed the Khmer Rouge, in exchange for his and his troops’ defect-ion to the government.

The Trial Chamber ruled on Thursday that the pardon and amnesty did not exempt Ieng Sary from prosecution in the court’s second case.

Ieng Sary’s lawyers have claimed that both are valid and that he cannot stand trial for crimes for which he has already been tried.

In a document released by the court yesterday, Ieng Sary’s defence team requested that the Trial Chamber stay the commencement of case 002 until the issue was fully resolved.

“Any continuation of the proceedings prior to the final determination by the Supreme Court Chamber of these issues will violate Mr Ieng Sary’s fair-trial rights,” the motion read.

It  said  the defence team had until December 5 to file the appeal.

Last week, the Trial Chamber denied a request from the defence team for former KR “Brother Number Two” Nuon Chea to stay proceedings in case 002, pending decisions on complaints alleging unfair investigations into the case.

Ieng Sary is one of four remaining senior leaders of the Democratic Kampuchea regime set to stand trial for genocide, crimes against humanity and grave breaches of the Geneva Conventions. Opening statements in the case are scheduled to commence on November 21.

Ieng Sary’s defence team has also requested a stay of the Trial Chamber’s recent decision to hear charges of crimes against humanity in Case 002.

Defence teams have previously argued that their clients cannot be charged with crimes against humanity because the charge exists only during international armed conflicts, which they denied the Democratic Kampuchea regime constituted.

MOST VIEWED

  • US to ramp up sanctions after ‘flawed’ national polls

    At a press conference on Wednesday, the US State Department announced that it would expand visa sanctions on the Cambodian officials and individuals it deems responsible for “undermining democracy” in Cambodia. At the briefing, spokesperson Heather Nauert reiterated that the department regarded the July 29 elections

  • PM's Bodyguard commander hits back at US

    The commander of Prime Minister Hun Sen’s Bodyguard Unit (BGU) Hing Bun Heang on Sunday dismissed a short video clip that went viral on social media in which he says he is preparing for a war with the United States over its aggressiveness towards

  • Final poll results confirm first single-party Assembly

    IN an unprecedented situation in Cambodian politics, the official results of the July 29 national elections have declared that the Cambodian People’s Party (CPP) will take all 125 seats in the National Assembly on the back of it receiving 76 per cent of the votes. The National

  • Chinese influence to sweep Kingdom?

    Growing Cambodia-China ties have seen the latter’s influence sweep across the Kingdom through increased investments and tourism. The Asian giant has become the leading source of foreign funds in Cambodia, fuelling the construction sector with huge casino and hotel projects. Much of the growth