The Phnom Penh Post

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.

* In an interview in yesterday's Post, Prince Sisowath Thomico says "I think that spending US$100 million just to try Duch is a big problem, because I don't think Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith will ever be tried." Khieu Samphan's lawyer, Jacques Verges, expressed a similar viewpoint in a recent interview. This is a concern I often hear. Duch's case is by far the most straightforward, and even it is progressing more slowly than originally expected. The cases against the other defendants are far more complicated -- and, unfortunately, those defendants also happen to be older than Duch.

* Another, heartbreaking, article in the Post tells the story of a mother who is still waiting to hear news of a son that disappeared during the Khmer Rouge period. After 30 years, she still lives in the same village, just so her son can find her.

* The November edition of the Court Report is available online. In the newsletter, the Office of Co-Prosecutors reports that it "has accelerated its trial preparations in (Duch's case) dealing with the S-21 Security Centre of Phnom Penh. It prepared its audiovisual and other exhibits, witness lists and summaries, and other materials to be submitted as part of the pre-trial package to the Trial Chamber."

* Judges at the ECCC have extended the provisional detention of Ieng Sary and Ieng Thirith for another year.

* A confrontational meeting between "Comrade Duch" and Nuon Chea, originally scheduled for Wednesday, has been postponed.

As the Water Festival kicks off in Phnom Penh, I thought I should note some significant tribunal news:

* Germany has donated $1.9-million to the Victims Unit at the Khmer Rouge Tribunal. This appears a wise choice, as outreach is so important in ensuring the tribunal's relevance.

* Defense lawyers for Nuon Chea are requesting that Deputy Prime Minister Sok An turn over any correspondence between the Cambodian government and United Nations related to corruption allegations at the court.

I've been in Pailin for the Center for Social Development's forum (rescheduled from Oct. 17) and want to note a couple tribunal developments that took place in my absence:

* For the first time since they were taken into custody, detainees at the ECCC were allowed to socialize last week. Nuon Chea, Khieu Samphan and Comrade Duch met for around ten minutes, chatting and strolling around the small courtyard at the detention facility.

* Judges determined Ieng Sary and Nuon Chea were fit to stand trial.

The last fews days have been relatively slow in terms of court developments because of the Pchum Ben holiday, but an interesting decision was posted on the ECCC website today regarding communication among the five Khmer Rouge defendants.

The Pre-Trial Chamber has granted an appeal lodged by Nuon Chea's lawyers, which will potentially allow for greater contact among detainees awaiting trial at the ECCC. While the court had previously agreed to conjugal visits between married defendants Ieng Sary and Ieng Thirith, other communication among detainees has, until now, been prohibited.

On May 20, the court issued an order concerning provisional detention conditions, in which it was determined the "detainees in the ECCC Detention Facility have not the right to communicate amongst themselves." Nuon Chea's lawyers appealed the order and the Pre-Trial Chamber chose to decide the issue based on the written submissions.

Defense attorneys for Nuon Chea have now requested details of the graft allegations against the tribunal. The release of the attorneys' letter comes days after the Cambodian government issued a statement saying no Cambodian authorities had seen the corruption complaints.

An article is in today's Post.

While both the Co-Prosecutors, who have filed an appeal against the indictment of "Comrade Duch," and Duch's lawyers have stated they want the appeal decided based on written submissions, Ieng Sary's defense team has requested an oral hearing.

They claim their client has a right to file submissions related to the charge of Joint Criminal Enterprise, and that the issue is significant enough to warrant an oral hearing. JCE is "one of the most controversial forms of liability," Ieng's lawyers wrote; it exists when two or more people participate in a common criminal endeavor, sharing a common criminal purpose. The charge was not included in the indictment against Duch, although the Co-Prosecutors believe it should be.

"Given the complexity and importance of the issue of whether JCE liability is applicable at the ECCC, an oral hearing is warranted," Ieng's lawyers wrote. "It is in the interest of justice that this issue be vetted in a full, fair and transparent manner."

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