The first trial of a Khmer Rouge leader is due to start 17th February 2009. Kaing Guek Eav, better known as Comrade Duch is facing charges of crimes against humanity and war crimes. He was in charge of the infamous Toul Sleng prison where detainees were tortured and killed and is the first of five detainees to be sent for trial.
It is reported by officials that Duch, who has been detained since 1999 and has previously admitted his guilt, has been cooperating with prosecutors and is willing to testify in court. The testimony may well reveal significant information about how the Khmer Rouge leadership made their decisions during their time in power.
For the Extraordinary Chambers in the Courts of Cambodia (ECCC), this will be first real move towards prosecuting Khmer Rouge leadership. Whilst the trial may finally draw some attention away from corruption scandals and delays that have dogged the Court it is likely that the trial process will face further delays as the court takes it first steps towards its real work.
The hearing in February will simply examine the lists of witnesses and rule the important question of the extent to which â€œcivil partiesâ€ can participate in the trial. The question of how far the victims of the Khmer Rouge will be able to have their voices heard in this and future trials is important and still to be fully resolved. In a decision in March last year the pre-trial chamber of the ECCC ruled that victims should be allowed to participate in court proceedings. However, in subsequent rulings the ECCC appeared to limit the right finding that civil parties could not speak in person in pre-trial appeals.
The ECCC has now launched a media campaign to encourage victims to participate in the upcoming proceedings. Thus civil parties have been given until the 2nd February to come forward. So far 28 people have been officially recognised as civil parties and 70 are being processed.
The trial of Duch is scheduled to begin in March. It is thought that the trials of the other four detainees will not start before 2010.