Khmer Rouge leaders to await genocide trial in prison

17 February 2011
By Thijs Bouwknegt
Radio Netherlands Worldwide

The Cambodia genocide tribunal on Wednesday ruled that three ageing former Khmer Rouge leaders must remain in custody ahead of their trial, which is expected to start later this year.

Judges at the Khmer Rouge court - dubbed the Extraordinary Chambers in the Courts of Cambodia (ECCC) - rejected requests by defence lawyers to release the former head of state, Khieu Samphan; the movement's chief ideologue Nuon Chea, known as Brother Number Two; and the former social affairs minister Ieng Thirith.

The ruling comes after the three appeared at a public hearing on 31 January asking to be released. Their lawyers had argued that their clients, who were arrested in 2007, should be freed since they had already been held for longer than permitted by the UN-backed court in the Cambodian capital Phnom Penh.

In its ruling, the tribunal's judges agreed that the delay in giving a reason had "resulted in a breach of the accused persons' rights" but added any remedy would have to wait until the trial ended. According to the ruling that was released on Thursday, the accused have to remain in jail to ensure their "presence at trial, to avert the risk" of them "exerting pressure on witnesses or victims" or "destroying evidence." The ruling also cited concerns that the suspects might flee and that it is in the interest of their "own security" and "public order," that they remain in prison.

Four former Khmer Rouge leaders are being held in pre-trial detention at the UN-backed court, the movement's foreign minister Ieng Sary did not file an appeal. They are accused of involvement in millions of deaths from execution, disease, starvation and overwork during the Khmer Rouge's 1975-79 Maoist regime.

The indictment in what is known as "case 002" includes charges of genocide, war crimes, crimes against humanity and other crimes under Cambodian law. All four - aged 78 to 85 - deny the charges.

A trial management hearing is scheduled for the first week of April and the trial itself is expected to start in August this year. The Dutch lawyer for Nuon Chea, Michiel Pestman, says it will be a lengthy trial. The investigations already took three years, and he expects the proceedings to be even longer. "We might hear from up to 600 witnesses in this trial and all four the accused have the right to question them," he adds.

The ECCC - staffed by a mixture of Cambodian and international staff and judges - prosecutes senior Khmer Rouge leaders responsible for the deaths of up to 2 million Cambodians between 1975 and 1979.

Ever since the UN-backed court was set up in 2003, it has been dogged by allegations of political interference while Cambodian and international prosecutors openly disagree on whether the court should pursue more suspects. Pestman is concerned about corruption at the court. "It is a huge problem, and I am concerned if my client will get a fair trial."

Four cases, involving a total of ten accused persons, are currently pending before the tribunal in Phnom Penh. The court completed its first case in July, sentencing former Toul Sleng prison chief 'Duch' to 35 years in jail for overseeing the deaths of more than 12,000 people. The case, dubbed "case 001", is now under appeal.

Cases 003/004, involving five senior Khmer Rouge leaders whose names remain, are currently under investigation, but Cambodian leaders have repeatedly sought to block their progress.