The Phnom Penh Post

I'm pleased that the Post took time to interview defense lawyer Sa Sovan, who was at the center of a verbal dispute that broke out last month after Khieu Samphan's hearing. Much has been written about Khieu's foreign co-lawyer, Jacques Verges, but it was Sa who stole the spotlight Dec. 4 when he entered into a heated exchange with Khmer Rouge victims at the court. A short video I recorded of the outburst is available on YouTube.

The scene left me -- and, I'm sure, others -- wanting more information about Sa's background. In his interview with the Post, Sa explains his reasons for defending Khieu, even though he lost dozens of family members during the Khmer Rouge period. It's worth reading.

* Pictured: Sa Sovan, at right, argues with Khmer Rouge survivors.

After a two-day, closed door logistical meeting last week, word came from the court Monday that the Initial Hearing for "Comrade Duch" will be held Feb. 17. This is the first public stage of the trial process.

The Initial Hearing will "address preliminary objections by the parties, consider lists of witnesses submitted by them and consider new Civil Party applications," according to the court.

After this hearing, court officials say, the substantive portion of Duch's trial should begin in earnest in March. However, issues could be raised at the Initial Hearing that would delay these proceedings further.

Pictures from Thursday's "Trial Management Meeting" are available on the ECCC website -- even though the gathering was closed to press and public. The logistical meeting continues Friday. At left, "Comrade Duch," the first defendant expected to go to trial, confers with one of his lawyers.

A two-day logistical meeting that will lay the foundation for the court's first trial begins Thursday. Although it will be closed to the public, court officials will announce a general time frame for the trial of "Comrade Duch" after the meeting's conclusion. Duch himself is planning to appear at the meeting. Co-Prosecutors submitted their witness list to the court on Monday and, judging from the number of people who will testify against the torture chief, the trial should last three or four months, said Co-Prosecutor Robert Petit.

While the court appears to be making progress in this area, prosecutors remain at an impasse over whether to pursue additional suspects.

Civil society leaders issued a statement today claiming that failure to pursue additional suspects would "undermine the impact and legacy of the court. Victims of the Khmer Rouge regime have already had to accept the limited mandate of the ECCC due to the realities of transitional justice; they will not however accept a failure of the court to properly exercise its existing powers and responsibilities."

Japan has pledged an additional $21-million to the troubled Khmer Rouge Tribunal, ensuring funding through early 2010. In a recent meeting between Prime Minister Hun Sen and Japan's foreign minister, the issue of corruption at the court was not discussed, according to an article in today's Post.

Meanwhile, lawyers for Nuon Chea, who filed a complaint last week in municipal court related to ECCC corruption, accused judges at the tribunal of using intimidation tactics. The judges claimed Nuon's lawyers had smeared the court and wrote that they "reserve the right to legal recourse against any individuals who have provoked such a problem."

The day after 50,000 Cambodians turned out to celebrate the fall of the Khmer Rouge -- and tribunal officials stated they believe the trial of "Comrade Duch" will begin in March -- defense lawyers lodged a complaint with Phnom Penh's Municipal Court, demanding investigation into corruption at the ECCC.

In their complaint, lawyers for Nuon Chea targeted tribunal administrative head Sean Visoth and former chief of personnel Keo Thyvuth.

"The lawyers say that shortly after the government received the results of a United Nations probe into the graft allegations, Keo Thyvuth was transferred and Sean Visoth went on leave 'until further notice,'" according to an article in today's Post. The results of the probe have never been made public.

Chea Leang, the Cambodian Co-Prosecutor at the Khmer Rouge Tribunal, has filed her response to a request for more investigations at the court by her foreign counterpart.

According to a statement from the ECCC, "the National Co-Prosecutor believes that these (new) investigations should not proceed on account of (1) Cambodia's past instability and the continued need for national reconciliation, (2) the spirit of the agreement between the United Nations and the Government of Cambodia ("Agreement") and the spirit of the law that established this court ("ECCC Law"), and (3) the limited duration and budget of this court."

International Co-Prosecutor Robert Petit filed a "Statement of Disagreement" in early December, saying he and Leang were unable to agree on whether to pursue additional suspects. It has been rumored that six defendants may be added to the five already in custody.

* Judges at the tribunal's Pre-Trial Chamber have decided that Khieu Samphan's request for release from provisional detention is inadmissible.

* Sources close to the court have said six more potential defendants have been identified at the tribunal. But some court observers worry government interference may prevent the additional prosecutions from moving forward.

* Tribunal officials have finally finished drafting detention rules at the ECCC. 聽聽

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Former New York Times journalist Barbara Crossette was in Phnom Penh recently leading a seminar for Cambodian journalists covering the Khmer Rouge Tribunal. I stopped by one of the sessions and chatted with Crossette and several students; I will post more about this initiative soon.

But in the meantime, read this article Crossette wrote after her trip about the French-English language wars at the ECCC. It is an issue I have thought a good deal about given Jacques Verges' repeated demands for French translations, and Crossette does a great job of explaining some of the debate's broader implications.

* Pictured: Crossette instructs journalists during a recent seminar in Phnom Penh.聽

According to an editorial in today's Wall Street Journal, the ECCC must pursue additional prosecutions if the court hopes to affirm its independence from the Cambodian government.

"It has long been suggested that the limitation of charges to the five accused -- all former Khmer Rouge members, unconnected to any current senior government figures -- was a central part of the 'unwritten bargain' that led the government to accept the Court," James Goldston writes. "A number of senior figures in the current government apparently fear the potential consequences of establishing a model of transparency and accountability that might be applied more generally."

Co-Prosecutors at the tribunal recently filed a "Statement of Disagreement" over whether to pursue additional prosecutions.聽