With one month to go before Khmer Rouge tribunal lawyers and judges meet to discuss the possibility of establishing a second “mini-trial” as part of Case 002, a Trial Chamber memo released Monday invited parties to suggest what charges they think should be included in the case, should it go ahead.
But Youk Chhang, director of the Documentation Center of Cambodia, said a second trial against Nuon Chea and Khieu Samphan—who are awaiting verdicts in their first trial—is not a matter of great importance for survivors of the regime that he has spoken with.
In its memo, the Trial Chamber urges parties to bear in mind “the requirements of fairness, the rights of the accused, the need for expedition and the criterion of ‘reasonable representativeness’” in preparing their submissions for the meeting, which starts on December 11 and could last until December 13. It comes after the Supreme Court Chamber in July ordered the court to discuss the possibility of establishing a new trial.
It also wants lawyers to discuss a tentative trial schedule. The court has been beleaguered by funding woes, and donors are currently meeting in New York to assess the budget for the coming year.
After closing statements in Case 002/01 ended last month, deputy prosecutor William Smith spoke of the team’s determination to see Case 002/02 heard, arguing that “there are some important charges to be heard,” including genocide and extrajudicial killings.
The defense for Nuon Chea also wants the genocide charge to be heard, in order to have an opportunity to prove that their client is innocent.
But Mr. Chhang said Monday that whatever verdict may come out of the first trial, “it legitimizes [survivors’] expectations” of the court.
“Therefore, a conviction from the court for the survivors is mission accomplished,” Mr. Chhang said.
