The Phnom Penh Post

Unfortunately, I wasn't able to make Ieng Sary's hearing today -- and won't be at any for the rest of the week -- because I'm working on a project in the provinces. So check the Post website's front page for updates.     

A pre-trial hearing to address Ieng Sary's appeal against provisional detention ended early today because the octogenarian didn't feel well.

After a lunch break at the ECCC, Sary's lawyers said their client felt dizzy and had not eaten much. The former DK foreign minister said he had spent the morning session trying to stifle coughs and told the judges if he used too much energy in one day, he might not be able to return to court the next.

At the same time, he insisted on being present for all proceedings.

Judges have turned down a request for visitation among the five defendants detained at the ECCC. The only exception, which I've noted before, is regular contact between husband and wife Ieng Sary and Ieng Thirith.

"It is true that approximately 30 years have passed between the alleged acts and the arrest of the Charges Persons, during which time they have had the opportunity to contact each other," the Co-Investigating Judges wrote in a decision released last week. "However, the potential for prejudicial collusion increases considerably once the persons in question are arrested and charged."

At that point, the Co-Investigating Judges wrote, suspects have access to case files, which describe the nature of their individual responsibility and potential legal arguments against them. Interestingly, this issue of access to case files figured prominently in the appeal hearing of Ieng Thirith last week. Prosecutors repeatedly argued that access to her case file would make it easier for the former social affairs minister to identify and intimidate witnesses.

The only female defendant currently detained at the ECCC will go before the Pre-Trial Chamber May 21. During the Khmer Rouge years, Ieng Thirith was Minister of Social Affairs and Head of Democratic Kampuchea's Red Cross Society. Her older sister, Khieu Ponnary, married Pol Pot. The Pre-Trial Chamber recently approved conjugal visits between Thirith and her husband Ieng Sary, who is also in detention at the ECCC.

* The court has scheduled Ieng Sary's appeal against provisional detention for June 30.

The court ruled Wednesday that defendants Ieng Sary and Ieng Thirith can continue to see each other. Married 57 years, the couple has been allowed weekly visits since March.

"The alleged crimes were committed 30 years ago, so the Charged Persons have had all the time to discuss any matter related to such allegations," the decision from the Pre-Trial Chamber reads.

In January, co-investigating judges wrote a letter saying they had no immediate intention to allow visits between husband and wife. Defense lawyers appealed and, in March, the co-investigating judges agreed to weekly contact.

Reviewing the defense's appeal Wednesday, the Pre-Trial Chamber decided this wasn't enough.