Khmer Rouge Tribunal’s Psychotherapist On Standby For Ieng Sary, Ieng Thirith Prospective Fifth Suspect Khieu Samphan Leaves Phnom Penh For Pailin

Posted by khmernews on November 28, 2007


Several days before the arrest of Brother Number 3 Ieng Sary and his wife Ieng Thirith, they had been reported mentally ill and unable to testify at the hybrid tribunal. And one day after the arrest, the Khmer Rouge Tribunal put psychotherapist on standby to treat Ieng Sary and Ieng Thirith. Meanwhile, Khieu Samphan, who is expected to be the fifth suspect, has left Phnom Penh in order to raise ducks and sell eggs in the market for Pailin.
Khmer Rouge Tribunal’s officials said that the tribunal had Psychotherapist “Kason Bunnath” on standby to treat Ieng Sary and his wife. The arrangement of the psychotherapy has been made to prevent any probable cause which could happen to Ieng Sary and Ieng Thirith.

Meanwhile, Khieu Samphan, who came to Phnom Penh last week in order to meet his lawyer Say Borey, had already left for Pailin one day before the arrest of Ieng Sary.

Ieng Sary, deputy prime minister and foreign minister of the Khmer Rouge regime, and his wife Ieng Thirith were arrested Monday morning in their home in Tonle Bassac, Chamkar Morn, Phnom Penh.

“Today (November 14) the Khmer Rouge Tribunal will decide whether Ieng Sary and Ieng Thirith are released on bail or not,” said Ang Udom, Ieng Sary’s and Ieng Thirith’s defense lawyer. “The court will decide today whether they should be released on bail or detained or under house arrest.”

Ang Udom said that Ieng Sary and Ieng Thirith were under the 48-hour detention. His clients have been roughly questioned after several hours of the arrest and after he (Ang Udom) requested the court to check the case first before making the decision. “I’ve requested [the court] to give me time in order that I can defend,” he explained.

Ieng Sary led the Khmer Rouge soldiers from the northwest of country to integrate with the [government] in 1996 in order to request the then king for a royal pardon. However, lawyer groups said that the royal pardon given by Prince Norodom Sihanouk (when he was the king) was not effective.

In 1998 former Khmer Rouge leaders Nuon Chea and Khieu Samphan integrated with Hun Sen and met him in Tuol Krasang garrison. Other two former Khmer Rouge leaders Chhin Choeun, known as Ta Mok, and Kaing Guek Eav, alias Duch, were arrested and put in prison by Hun Sen authority since they did not integrate with the government.

However, those former Khmer Rouge leaders have been detained thanks to the U.N.-backed tribunal.

Ieng Sary and Ieng Thirith are the third and the fourth suspects after Kaing Guek Eav, alias Duch, former chief of Tuol Sleng (S21) torture center, and Nuon Chea, Brother Number 2, former president of the Khmer Rouge regime. Likely fifth suspect Khieu Samphan, who came to meet Say Borey in Phnom Penh last week, has already left for Pailin.

Nuon Chea has a high blood pressure and had a heart attack during the first questioning. He was sent for treatment in Calmette Hospital by Cambodian, Thai and French doctors. In the detention facility there are also Cambodian doctors on standby to treat them.

The 4 suspects being detained at the Khmer Rouge Tribunal are taken care of very carefully. Their detention cells are equipped with mattress, fan, and radio, and they are given newspapers to read and spent R20,000 on food per day for each of them.

In the evening of November 12, the Extraordinary Chambers in the Courts of Cambodia (ECCC) released a press statement about the arrest of Ieng Sary and Ieng Thirith. The ECCC also announced that Ieng Sary and Ieng Thirth had already selected defense lawyers.

Ieng Sary has selected a Cambodian lawyer, Mr Ang Udom, to represent him before the ECCC. From 1994 to 1997, Mr Ang worked as a criminal defence lawyer at the Cambodian Defenders Project and the Legal Aid of Cambodia. He has managed his own law firm since 1999 and, from 2006, has been Head of the Legal Unit at the Center for Social Development in Phnom Penh.

Mr Ieng has shortlisted two possible foreign Co-Lawyers and a final selection will be made this week.

Madame Ieng Thirith selected a Cambodian lawyer, Mr Phat Pouv Seang, to represent her before the ECCC. Since 1986, Mr Phat has been a professor at the Royal University of Law and Economics. Mr Phat has worked as a lawyer since 1997 dealing with numerous criminal cases and, from 2004, has also been a legal consultant to the National Assembly’s Legislative and Judiciary Committee.

Madame Ieng Thirith also selected Diana Ellis QC to be her foreign co-lawyer. Ms Ellis was called to the Bar of England and Wales in 1978 and was appointed as Queen’s Counsel in 2001. She has wide experience in handling serious criminal trials. Notably, Ms Ellis was defence counsel for Ferdinand Nahimana at the International Criminal Tribunal for Rwanda, which was the first trial to take place before an international tribunal on charges relating to the role of the media in the commission of genocide.

Both charged persons have claimed that they do not have the means to pay for their Co-Lawyers. Therefore, their defence team will be funded through the ECCC’s Legal Assistance Scheme whilst this claim is being assessed.

On the same day of the arrest, Co-Investigating Judges You Bunleng and Marcel Lemonde decided to detain Ieng Sary at the ECCC facility up to 48 hours counted from the time the warrant were announced and in accordance with article 51 of the Internal Rules of the ECCC.

[The ECCC] announced that the adversarial hearing will take place on 14 November 2007 in accordance with Articles 57 and 63 of the ECCC’s Internal Rules.

Unofficial Translation
-Extracted from Sralanh Khmer, Vol. 03, #551, Wednesday, November 11, 2007.


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