Thursday, 7 February 2008

Former Khmer Rouge leader back in courtroom for bail hearing

The Associated Press
February 7, 2008

PHNOM PENH: A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal pressed Thursday for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him.

Nuon Chea, the Khmer Rouge's former ideologist who appeared at Thursday's hearing, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the group's brutal 1975-79 rule, which caused the deaths of an estimated 1.7 million people.

He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to begin holding trials trial later this year. He is the second former Khmer Rouge leader to appear before the judges.

On Monday, the tribunal's pretrial chamber adjourned his bail hearing after Nuon Chea, demanding an "international standard" of justice, objected to having only a Cambodian lawyer represent him in the proceedings.

He demanded that he also have a foreign lawyer — who at the time was not yet formally sworn in — to help argue his appeal for bail, as is his right under the tribunal's rule The tribunal decided to proceed with the hearing after the lawyer, Victor Koppe of the Netherlands, was sworn in Wednesday by Cambodia's bar association. The bar had refused to induct Koppe last week after he violated its rules by acting as a defense lawyer before taking an oath.

Koppe said Wednesday he will make "a presentation" during Nuon Chea's Thursday hearing.
In their detention order last year, the tribunal's investigating judges charged the 81-year-old Nuon Chea with involvement in crimes including "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."

They said detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea has denied any guilt, saying he is not a "cruel" man and calling himself "a patriot and not a coward" trying to run away. He has also argued that the judges did not have sufficient grounds to detain him.

In December, the pretrial chamber judges ruled against a similar appeal for release by Kaing Guek Eav, also known as Duch, who headed the Khmer Rouge's notorious S-21 prison and torture center.

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