The next four defendants are senior cadre, including Nuon Chea, known as "Brother Number 2" in the regime. The others are Ieng Sary, a deputy leader, and his wife, Ieng Thirith, and former head of state Khieu Samphan. Most are elderly and in poor health and may not survive a lengthy and complex trial. All are expected to plead not guilty. Pretrial hearings start June 27.
The tribunal has two other outstanding cases, known as 003 and 004, that could lead to further indictments. But in a surprise move, the bench ruled in April that Case 003 should be dropped. An international prosecutor complained later that the investigating judges hadn't even questioned the suspects or investigated the crime scene. Critics say the ECCC appears to be bowing to political pressure to limit the tribunal's scope. Several staff quit recently in protest at the judges' decisions.
"It appears that they decided to drop the case and didn't do the investigation. That's the really problematic part," says Anne Heindel, a legal adviser to the Documentation Center of Cambodia in Phnom Penh.
Under Cambodian law, which is modeled on French civil law, judges investigate and decide whether or not to follow the recommendations of prosecutors. Judges aren't obliged to state their reasons publicly until they issue a final closing order, which is subject to consultation with prosecutors and court officials.
