Recent Developments at the Extraordinary Chambers in the Courts of Cambodia

The Open Society Justice Initiative released its latest report on current challenges and progress at the Extraordinary Chambers in Courts of Cambodia, the court established to try surviving leaders of the Khmer Rouge.

The report covers significant developments at the court over the past two months, including:

• The prosecutors' supplementary submission requesting that additional criminal acts be included in the ongoing investigation against the five charged persons currently before the court. The submission, spurred by information provided by victims, focuses on crimes committed at an unnamed detention center.
• The adjournment of Khieu Samphan's provisional detention appeal after his counsel, French lawyer Jacques Vergès, refused to participate because of the court's failure to translate certain documents into French.
• The Pre-Trial Chamber's determination that civil parties have broad participation rights even in the early stages of judicial proceedings, enabling them to submit briefs and present oral arguments in Nuon Chea's provisional detention hearing.

The 25-page report provides an overview of recent developments in the cases of all five defendants now in the court's custody: Ieng Sary, Khieu Samphan, Nuon Chea, Kaing Guek Eav, and Ieng Thirith. The report also looks at developments outside the courtroom, including the appointment of a UN expert advisor to help revise the court's budget and streamline administrative operations of the UN's side of the court.

In addition, the report addresses some of the court's pressing challenges, including:

• Lack of transparency at the court, reflected in the continued closure of some proceedings to the public and the court's failure to provide general information about ongoing proceedings.
• The need to continue improving human resource practices at the court, including by taking additional steps to address allegations relating to salary kickbacks.
• Increasing tension between the ECCC and the media, particularly over the lack of press access to Duch's visits to Tuol Sleng and Choeung Ek.
• The need for the court to increase substantially its translation and interpretation capacity.

The new report, Recent Developments at the Extraordinary Chambers in the Courts of Cambodia: May 2008, is the latest in a series of monthly reports offering news, analysis, and recommendations directly from Phnom Penh.