ECCC, Case 001, Issue 2

Case 001

ECCC

Cambodia

English

 Following on from a largely symbolic hearing in mid-February, the Trial Chamber of the Khmer Rouge Tribunal recorded a second historic milestone this week by declaring open substantive proceedings in the case of Kaing Guek Eav alias ‘Duch’. 

Duch’s much-anticipated trial got off to a slow start, but the pace picked up considerably on Tuesday: the Co-Prosecutors delivered a compelling opening statement, to which both Duch and his two co-counsels responded in a similarly compelling manner. The legality of the Accused Person’s provisional detention was then the key issue confronted on Wednesday morning. In an unanticipated turn of events, concerns regarding victim participation provoked lengthy discussion following the Defense and Prosecution’s submissions. The first week of proceedings revealed what is likely to become the central issue of the case as a whole: the degree of individual criminal responsibility that should be attributed to the accused for his part in a complex web of criminal acts. A second significant issue that seems likely to dominate the hearings is the extent to which civil parties will be able to exercise participatory rights throughout the trial stage of proceedings.