ECCC Reparations

This blog is designed to serve as a repository of analyses, news reports and press releases related to the issue of RERAPATIONS within the framework of the Extraordinary Chambers in Courts of Cambodia (ECCC), a.k.a. the Khmer Rouge Tribunal.

Saturday, March 7, 2009

David Boyle on "Getting Together"

In a pre-ECCC publication Boyle writes:

The case of Ieng Sary is an example of the problems that will arise before the Cambodian court Ieng Sary has been granted a constitutionally valid pardon and immunity for certain crimes and for prosecution under the 1994 law. To what extent is this constitutionally valid amnesty and pardon applicable before the Khmer Rouge trials? This has been left to the court to decide. All these questions will be raised by the defense, and should be dealt with beforehand in order to avoid that talented lawyers will slow trials down so much that three years will not be enough to finish. There are two possible avenues for partially resolving these issues. One would be for the judges immediately after having been nominated by the SCM to get together with prosecutors and investigating judges and work out exactly what is the applicable procedures for the courts. They cannot change the law, but they can work out what the law means.
(Boyle on the left)


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