The Phnom Penh Post

An article in today's International Herald Tribune does an excellent job of summarizing the greater implications of the dispute over additional prosecutions at the tribunal.

According to a recent survey, 85 percent of Cambodians reported having little or no knowledge of the Khmer Rouge Tribunal last September.

While this isn't surprising, given the complexity of the process, if the tribunal remains an enigma to the majority of Cambodians, it will not have fulfilled one of its most important objectives.

As a journalist, I try to disseminate and analyze information about the court in as comprehensible a manner as possible. But as an English speaker, my influence is limited. It is Khmer language journalists who are truly in a position to inform and educate Cambodian audiences.

In a previous post, I wrote that more details about the potential schedule for the trial of "Comrade Duch" would be available at the end of last week. This does not appear to be the case. According to a statement from the court, details about the trial schedule will not be available until after the Feb. 17 Initial Hearing is held.

Meanwhile, although Phnom Penh's Municipal Court is investigating corruption allegations at the tribunal, prosecutors claim the probe will not interfere with Duch's trial.

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.