Friday, 6 March 2009

Ieng Sary's lawyers adjust their website but remain combative

Ka-set

By Stéphanie Gée
05-03-2009

Lawyers for Ieng Sary responded to the order on breach of confidentiality of the judicial investigation issued by the Office of the co-Investigating Judges (OCIJ) on March 3rd, which followed the publication of official documents on the Internet website they created... on their website !

They explained that in order to “promptly comply” with the judicial decision, they had “temporarily removed from the website the allegedly 'confidential' documents pending the confirmation by the OCIJ or Pre-Trial Chamber [of the Khmer Rouge Tribunal] that these submissions are, in fact, public.” However, attorneys Ang Udom and Michael G. Karnavas then specified they removed from their website three documents, whereas co-Investigating Judges referred to nine case file documents “the publication of which had at no time been authorized by the Judges” that had been posted on the website on January 26th.

In addition, the lawyers considered that it was “extremely unfortunate” that the co-Investigating Judges waited until international lawyer Karnavas had left Cambodia to make their order public.

In their defence, they argued that “only one [of the documents posted on their website which were deemed by the co-Investigating Judges to have breached the confidentiality of the investigation] has actually been declared to be confidential by either the Pre-Trial Chamber or OCIJ” although their client had authorised the document – related to his health – to be made public, they added. Finally, they considered it was “ironic” that the order on breach of confidentiality of the investigation was “considered to be public even though it made extensive reference to elements of the investigation which were allegedly confidential.”

For their part, co-Investigating Judges explained that the legal consequences resulting from their March 3rd decision will be dealt through legal proceedings, not through the media.

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