Friday, December 15, 2006

Rules Dispute Might Cause KR Trial Delay

Friday, December 15, 2006

By Erika Kinetz
THE CAMBODIA DAILY


The dispute over the internal rules of the Extraordinary Chambers in the Courts of Cambodia will likely delay the start of the trials, which had been slated to begin in mid-2007, by a few months, co-investigating judge Marcel Lemonde said this week.

"There is fundamental disagreement on key points," Lemonde said. "Maybe it’s better to face the problems now than in six months," he said. "It would be good if we could have a first trial in the second half of 2007."

The rules committee, of which Lemonde is a member, will convene for a two-week meeting in late January to discuss the contested rules, without which a trial cannot proceed.

"If everything goes well, we hope to have a new plenary in March to adopt the rules," Lemonde said. "A plenary won’t be organized until we have a real hope that it will be useful."

In an attempt to ensure the success of the next plenary session, four judges were added to the rules committee: Silvia Cartwright, Claudia Fenz, Sin Rith and Kong Srim. Both Cambodian and international observers have said Kong Srim assumed a leadership position on the Cambodian side of the court during the sometimes heated debate at the last plenary session.

"Members of the initial committee agreed on certain questions that proved controversial at the plenary session," Lemonde said. "We wanted to add other people who could bring a new point of view and make the discussion more fruitful."

Lemonde said that outstanding points of debate include the scope of the prosecutors' power, the role of the Defense Support SPection— which as of this week is the official name of the defense office—and trials in absentia, which are permitted under Cambodian law.

In the meantime, investigations are ongoing. Youk Chhang, director of the Documentation Center of Cambodia, said DC-Cam had set up a special team of 20 staffers, who work in two shifts, day and night to assist the court.

But just about everything else has stalled. Victims don't know how they can get involved in the court, defendants won't be named, and renovations cannot begin on the trial chamber.

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