Thursday, March 19, 2009

Duch’s trial: Civil parties want to have a say

18 March 2009
By A.L.G.
Cambodge Soir Hebdo
Translated from French by Luc Sâr
Click here to read the article in French


Four lawyers ask to make a declaration before the opening of the 30 March hearing at the KR Tribunal (KRT).

It was learnt on Tuesday 17 March that on Monday 16 March, Hong Kimsuon, Kong Pisey, Yung Panith and Silke Studzinsky sent in their request to the chamber judges to be authorized to make a declaration prior to the beginning of the 30 March hearing.

While the prosecutors will have two hours of talk time, and Duch’s defense lawyers – François Roux and Kar Savuth – will also have two hours to respond, no time slot is allotted for the civil parties.

“It’s scandalous!” Silke Studzinsky said. “The ECCC claimed that they give a significant voice to the victims, but they refuse to give them the opportunity to make a declaration at this stage of the proceeding.”

“Even, The Hague International criminal court, where the victims are only participants and not even civil parties, allow the victims’ lawyers to make a declaration at the opening of the Lubanga affair at the end of 2009.”

On 28 August 2008, the preliminary court chamber decided to restrain direct intervention by civil parties during the preliminary phase.

In regards to the first instance phase, rule 89b of the internal rule which was adopted on 05 September 2008, stipulates that “at the opening of the debates, the co-prosecutors can give a short summary of the charges brought on the accused. The accused and his/her lawyers can reply briefly.”

On 04 December 2008, during Khieu Samphan’s hearing at the preliminary court, lawyers for the civil parties took everyone by surprise when they asked to read a declaration. Neither the judges nor the defense were warned about this intention, therefore, their request was rejected.

1 comment:

Anonymous said...

why don't the civil parties do the trial themselves?

Leave the damn trial alone, motherfuckers!