Civic Parties’ freedom of expression, the KRT’s pas de deux

Cambodge Soir

02-09-2008

Thanks to a directive, and starting from today, everyone will know everything about the do’s and the don’ts before the Pre-trial Chamber.

The civic parties which aren’t represented by a lawyer will have the possibility to speak out on their own behalf before the Pre-trial Chamber “when their interests differ from the ones of the prosecution”. Whenever they wish to take the floor during a hearing, they’ll have to submit a written request and indicate the motives and content of their intervention, at least ten days before the hearing. The reason is to respect “the right of the victims to truth, justice and the fair rights of each party”.

There is no ambiguity concerning the lawyers and prosecutors. However, some uncertainties existed regarding the freedom of expression of the civic parties. The President, Prak Kimsan, has solved the situation in a directive from the 29th of August, with reference to the intervention of civic parties which are not represented by a lawyer during the hearings.

A text following the hearing of Ieng Sary in July, during which Seng Theary, a civic party, had dismissed her lawyer in order to testify on her own behalf. This strategy aims at getting round the refusal of the magistrates, while this practice had been allowed during previous hearings. In a decision dating from last week, the Pre-trial Chamber confirmed the refusal of the magistrates, stating that the July hearing of Ieng Sary wouldn’t be postponed.