Tribunal Denies Paper Against 'Joint' Crimes

By Chun Sakada, VOA Khmer
Original report from Phnom Penh
19 December 2008

Defense lawyers for jailed Khmer Rouge leader Ieng Sary have accused the Pre-Trial Chamber of the tribunal of interfering in the administrative work of the courts, following a denial of their thesis on certain legal theories.

The defense had written their thesis to exclude from trials topics such as Joint Criminal Enterprise, which can hold conspiring parties guilty for crimes committed by one, and other legal principles.

"We wrote our thesis and requested intervention and the denial of the implementation of charges under Joint Criminal Enterprise, which affects the interest of our client because it is not in Cambodian law," sad Ang Udom, a lawyer for Ieng Sary.

Ieng Sary was foreign affairs minister of the regime and faces charges of war crimes and crimes against humanity for his role.

"We brought our thesis to the tribunal for a decision, but the tribunal turned it back to us without a hearing," he said. "It's not right to deny our thesis and proposal."

The defense has now sent a letter to the courts, claiming the Pre-Trial Chambers' decision not to consider the thesis was interference in administrative work.

"If someone complains about a case to the court, the court receives the complaint," he said. "Whatever the court decides, the court should issue a verdict."

However, tribunal spokesman Reach Sambath said the chamber was within its rights to turn away the treatise.

Ang Udom issued a letter to the courts Thursday claiming he would launch the paper on his own Web site.

"If the court does not publish our thesis, we will post it on our Web site," he said. "If the court permits."

Reach Sambath said the team had a right to launch a Web site, but the Khmer Rouge tribunal Web site is officially recognized.

Ex-Khmer Rouge Prison Chief Awaits Genocide Court Decision

Friday December 5th, 2008

PHNOM PENH (AFP)--Cambodia's former Khmer Rouge prison chief will appear Friday before the country's genocide court as it decides whether to add a new charge that could impact on other regime leaders.

Kaing Guek Eav - better known as Duch - was formally indicted in August, accused of overseeing the torture and extermination of more than 12,000 men, women and children when he headed Tuol Sleng prison, known as S-21.

Four judges in August ordered the 66-year-old to stand trial on charges of war crimes and crimes against humanity.

But prosecutors said the indictment failed to go far enough and portray a "full and truthful account" of Duch's crimes.

The court will rule on an appeal Friday, under which prosecutors demanded that the charge of "commission of crimes through participation in a joint criminal enterprise as a mode of liability" be added to Duch's indictment.

The controversial "joint criminal enterprise" charge, or JCE, is a legal doctrine that allows a court to hold multiple people responsible for crimes when they act as part of a coordinated process, according to legal officials.

Because of its very nature, the charge is opposed by other Khmer Rouge leaders, who fear that a conviction in Duch's case could leave them automatically liable.

"It makes it a bit easier to hold defendants guilty, because they need not kill someone or order killings themselves to be held responsible," John Ciorciari, a senior legal adviser for the Documentation Center of Cambodia, which collects evidence of Khmer Rouge atrocities, said earlier this week.

The defense teams of four other former Khmer Rouge leaders who are detained by the court for crimes committed by the regime have expressed fears that the court's decision will affect their clients.

"Duch will sit in the dock in front of judges on Friday afternoon. He will listen to the verdict regarding the closing order," Cambodia's U.N.-backed tribunal spokesman Reach Sambath said.

He said once the ruling had been given, Duch's case would be "finalized and it paves the way for the first public trial to take place," adding that the trial chamber will meet in January to set a date for the start of the trial, expected in the first quarter of 2009.

Duch will be the first leader of Cambodia's brutal 1975-79 communist regime to stand trial at the U.N.-backed tribunal.

A mathematics teacher who became the Khmer Rouge's torturer-in-chief, he has been in prison since 1999 for his role at Tuol Sleng. He was formally transferred to the tribunal and indicted in July 2007.

Up to two million people were executed or died of starvation and overwork as the regime emptied Cambodia's cities, exiling millions to vast collective farms in a bid to forge an agrarian utopia during its rule.