Khmernews

Ieng Sary, Wife Ieng Thirith Have Fifteen Days To Submit Pleadings

Posted by khmernews on December 28, 2007

Rithy

Phnom Penh: The Extraordinary Chambers in the Courts of Cambodia (ECCC) has informed Ieng Sary and Ieng Thirith to start making pleadings to justify and defend their interests in the appeal against the provisional detention order of the tribunal, according to the ECCC’s press release.

The order of the Pre-Trial Chamber states:

I, CHOUN Sokreasy, Chief Greffier of the Pre-Trial Chamber, Extraordinary Chambers in the Courts of Cambodia: order the appellant IENG Sary, male, 82, previously residing at Nº 47B, Street 21, Group 36, Zone 4, Tonle Bassac Quarter, Chamkarmon District, Phnom Penh Town, to submit pleadings to justify and defend his interests in the appeal against the Provisional Detention Order, dated 14 November, 2007, of the Office of Co-Investigating Judges, on the criminal charges of Crimes against Humanity and Grave Breaches of the Geneva Conventions of 12 August 1949 within 15 days of the date of receipt of this order, and to submit them to the Pre-Trial Chamber. 

The pleadings submitted will not be considered if the date is exceeded. Another order sent to Ieng Thirith, Ieng Sary’s wife, sets the same date.

According to Article 1 General Considerations, orders for protective measures shall be made by the Co-Investigating Judges or the Chambers, on their motion or at the request of any party or his or her lawyer, in accordance with Rules 28 and 29 of Internal Rules.

According to Article 2 Procedures for Implementing Protective Measures, requests for protective measures made under Internal Rule 29(3) by the parties or their lawyers, shall be in writing and shall be deposited with the greffier of the Office of Co-Investigating Judges or the Chambers, as appropriate, through the Case File Officer.

Therefore, the order that Ieng Sary and his wife Ieng Thirith submitting pleadings in 15 days is in accordance with the legal procedure which gives chance to the charged persons to defend themselves. The pleadings are intended to defend against the Provisional Detention Order, so that the defendants have chance to be released on bail.

Duch has been heard by the Extraordinary Chambers concerning his appeal against the detention order. However, the rule shows that Kaing Guek Eav, known as Duch, must still be detained.

“On February 4, [2008], the tribunal will hold the appeal hearing of Nuon Chea to decide whether to continue to detain him or to release him on bail,” said Reach Sambath, spokesman for the Khmer Rouge Tribunal. The hearing is made in response to the appeal of his lawyers.

Unofficial Translation
-Extracted from Kampuchea Thmey, Vol. 7, #1525, Saturday, December 22, 2007

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