PHNOM PENH: The former Khmer Rouge foreign minister appeared for a second straight day before the UN-backed Cambodian genocide court on Tuesday, hoping to be freed before his trial even begins.
Ieng Sary, 82, is one of five top cadres currently detained for crimes allegedly committed during the Khmer Rouge regime s murderous rule over Cambodia from 1975-79.
Established in 2006, the joint Cambodia-UN tribunal is expected to hold its first trial later this year, after nearly a decade of haggling to try to bring those responsible for crimes committed during the regime to justice.
Lawyers defending Ieng Sary against charges of war crimes and crimes against humanity argued that he should not stand trial because he has already been convicted of genocide and received a royal pardon.
"No one should be punished again for an offence for which he has already been convicted or acquitted," lawyer Ang Udom told the packed courtroom.
"There should be no investigation or prosecution against Ieng Sary."
Ieng Sary was convicted of genocide in a 1979 trial in absentia conducted by the government installed after Vietnam occupied the country and ended the Khmer Rouge s bloody reign.
However he was pardoned in 1996 upon surrendering to the government. "We believe that it would be double jeopardy and Cambodian law does apply -- that Mr Ieng Sary cannot be tried again for the same crimes or the same charges twice," said Ieng Sary s other defence lawyer, Michael Karnavas.
Prosecutors responded that double jeopardy does not protect Ieng Sary because he is not accused of genocide in his current trial. They also argued that his earlier conviction was not handed out at a proper trial.
The court that convicted him of genocide was "not competent enough to prosecute crimes of an international nature," said prosecutor Yet Chakriya.
Ieng Sary s past conviction, and the amnesty for it, pose one of the trickiest issues to face the judges at the tribunal, which operates on a mixture of Cambodian and international law.
Copyright 2008, by
Times Of Oman
. All rights reserved
Ban urges G8 to stick to Africa aid pledge
Quebec City celebrates its 400th anniversary 