PHNOM PENH, Cambodia, Nov. 22 (UPI) -- Judges at the war crimes trial of Cambodia's Khmer Rouge leaders Tuesday rejected a defense request that an ill defendant be excused from the courtroom.
Attorney Michael Karnavas said his client, Ieng Sary, the former Khmer Rouge foreign affairs minister, was being denied his right to a fair trial by being forced to participate when he can't advise his lawyers because of ill health, the Phnom Penh Post reported.
Opening statements before the U.N.-backed tribunal began Monday for Ieng Sary, 86; Nuon Chea, 85, the chief ideologist of the Khmer Rouge movement; and Khieu Samphan, 80, the head of state, on genocide, crimes against humanity and other charges.
"You have forced Ieng Sary to be in court all day yesterday [Monday] despite the fact that he was sick, had a headache all day and could not participate," Karnavas told the tribunal Tuesday.
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Trial Chamber President Nil Non rejected the defense request, saying, "The accused is therefore required to be in this courtroom to follow proceedings."
The fourth surviving member of top leadership, Ieng Thirith, 79, the minister of social affairs, was excused from the case when tribunal judges ruled she had dementia and was unfit to stand trial. Prosecutors challenged the ruling, delaying her possible release.
The Khmer Rouge was responsible for the deaths of 1.7 million people from 1975 to 1979 from execution, torture, forced labor, disease and starvation.
Prosecutors said Ieng Sary's presence in the courtroom was necessary.
"Our position is that it is fundamental that the accused should be present in court for the proceedings," British prosecutor Andrew Cayley said. "If Ieng Sary is permitted to participate in the trials from the holding cells, we will need a written waiver, so that evidence will not later be disputed."
