Jailed Khmer Rouge Ieng Sary was able to participate in a
hearing Tuesday, over whether his pardon from a 1979 trial verdict should
excuse him from the tribunal. A hearing over his pre-trial detention was cut
short Monday, due to health concerns.
Ieng Sary, the regime's former foreign affairs minister, was found guilty of genocide in absentia by a
Vietnamese-backed trial following the ouster of the Khmer Rouge, and he was
pardoned by King Norodom Sihanouk in 1996.
The hearing continues Wednesday, as tribunal judges seek to
decide whether the 1996 pardon would make him ineligible for trial by the Khmer
"Indeed, the trial of 1979 extends to all the criminal
activities that Ieng Sary is accused of until now," Ang Udom, Ieng Sary's
Cambodian lawyer, told the court Tuesday. "So there is no need to make a
trial twice, based on the principle of [double jeopardy]. This principal says
that one person cannot be tried twice for the same accusation."
Co-defense laywer Michael Karnavas told the court Tuesday
Ieng Sary should be kept under house arrest. On Monday, Ieng Sary's weakened
condition prevented the afternoon session of a hearing to determine whether he
should be detained ahead of his atrocity crimes trial.
Yeth Chakrya, co-prosecutor, told the court that Ieng Sary
was facing crimes other than genocide, and the tribunal had found evidence of
crimes against humanity, torture and war crimes. The pre-trial chamber must
consider this, he said, and must reject the decision of the 1979 trial.