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."
However, Duch's lawyers and the Co-Prosecutors believe an oral hearing would result in unnecessary delay to the start of Duch's trial. We will have to wait for the judges' decision.
In other news at the somewhat slow-moving court, Nuon Chea's detention has been extended by another year. ?ç‰‹