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Feb 18
2009

Initial Hearing hoopla

Posted by: Elena

Tagged in: ECCC , Duch

 Even though the trial proper for "Comrade Duch" is expected to start around a month from now, that didn't stop journalists and spectators from flocking to the ECCC today for the torture chief's Initial Hearing. Foreigners and Cambodians packed the tribunal's main courtroom. Many came specifically to see Duch, who intently jotted notes during the procedural hearing and offered a traditional Som Pas to the audience whenever the court recessed.

During the morning session, Co-Prosecutor Robert Petit announced that he will once again raise the issue of Joint Criminal Enterprise in relation to Duch's case. Although the Pre-Trial Chamber already rejected a request that Duch be held accountable under the theory of JCE, Petit said the Trial Chamber would not be bound by this decision.

Lawyers and judges also reviewed new civil party requests, leading the defense to spar with prosecutors over whether a late application from professed Tuol Sleng survivor Norng Chan Pal should be considered by the chamber.

Defense attorney Francois Roux chastised Norng for circumventing the judicial process and speaking to media. A fair trial must be held "in a courtroom and not in a press conference," he said. Judges will make a decision on Norng's request in the near future.

They went on to discuss the witnesses who will testify at trial, a process that continued after the court recessed for lunch. Co-Prosecutors said they would need at least 40 trial days to accommodate all of their witnesses and experts, while the defense claims it needs just over four days for its 13 witnesses.

The chamber will continue the Initial Hearing tomorrow, opening in private session. Check back for reports from Post reporters and a more detailed blog entry.

 

* Pictured: A full house at the tribunal Tuesday (above, photo courtesy of the ECCC); Comrade Duch faces the judges (at right, photo courtesy of SkyNews).

13 Response(s)
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Hi Jeff--I thought you might find this article interesting: http://www.stuff.co.nz/4852576a11.html I will let you know if I learn of any other foreign civil parties. Feel free to email me at ELesley@alumni.brown.edu with any questions related to travel and the tribunal ...
Elena Lesley on February 20, 2009 Report
Elena - thank you for your reply. I have applied to become a civil party to Duch's case, however, I have not applied for any other of the cases. I received a "registration" number from the ECCC regarding my application, which was submitted before the 2 February deadline, however, I'm not sure if it has been accepted. Mr. Werner is representing me as a civil party and I would imagine he will keep me informed as the the disposition of the application. I believe I will be testifying once the trial begins, and I was wondering if any other foreigners will be traveling to Phnom Penh to testify. Any insight you could provide would be helpful. Thank you.
Jeff James on February 18, 2009 Report
Thanks to Jeff I have contacted DC-Cam and they quickly responded and said that they'll look into this asap. Dc-Cam is the only organization that I have contact.
Peter on February 18, 2009 Report
Peter and Jeff, thank you for sharing your thoughts. I am so sorry for both your losses. Jeff, I am not sure if any other foreigners have applied to become civil parties. Did you apply to become a civil party for Duch's case or for the case involving the other four defendants? Have you heard what the status of your application is? I will ask the civil party lawyers about any other foreign applicants. They may not be able to tell me at this point, however, due to confidentiality issues.

And Peter, I would definitely get in touch with DC-Cam if you haven't. What organizations have you contacted so far?
Elena Lesley on February 18, 2009 Report
Lots of attentions been brought to Duch and rightfully After watching S21 The Khmer Rouge Killing Machine and seeing all the former guards re-enacted their duties or actions makes me sick. Those A**holes should be punished as well.
Peter on February 18, 2009 Report
Nevada. We should communicate via e-mail. My e-mail address is jjames@efpflocal3726.com.
Jeff James on February 18, 2009 Report
Thank you so much for the info. What part of US are you from? I am from Calgary Alberta Canada.
Peter on February 18, 2009 Report
If you have not yet done so, you should contact DC-CAM (http://www.dccam.org/). They have helped a lot of family members find their relatives.
Jeff James on February 18, 2009 Report
I'm sorry for your lost too. I was there last year but didn't see any pics. :(
Peter on February 18, 2009 Report
I'm sorry for your losses. My uncle's confession, along with some photos, are on display at the Toul Sleng Museum. Although I've never been there, DC-CAM supplied me with a copy of the confession.
Jeff James on February 18, 2009 Report
Hey Jeff have you been able to track down prisoner picture of your uncle? I have been trying to find one of my dad but haven't had any luck. I know he was held there because that's where they said they were taking him. I also lost an aunt and uncle there.
Peter on February 18, 2009 Report
My uncle, James Clark, an American sailor, was tortured and murdered at Toul Sleng. I have applied to the ECCC to become a civil party. Are there any other non-Cambodians who have applied?
Jeff James on February 18, 2009 Report
He should be tortured to death the same way that those prisoners were tortured ....one of those prisoner was my dad. I wish I could be there for the trial.
Peter on February 17, 2009 Report