Posted by: AIJI Trial Monitor | August 30, 2014

Facing Justice, Episode 46

‘Facing Justice’ has returned to Cambodian TV screens after a break of several months.

This is the 46th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial.

A total of 16 new programs (episodes 38 – 53) have been sponsored by USAID (the US Agency for International Development) in a two-year project aimed at aiding National Reconciliation.

Episodes 38 to 45 covered the ‘Closing Statements’, the verdicts and sentences, and legal reactions to the outcome in the trials of the two Accused, Nuon Chea and Khieu Samphan.

This episode – 46 – covers the reactions of members of the public to the guilty verdicts and life sentences imposed on both men. Later episodes will report on the issues involved, any appeals and their outcomes.

In what is known as ‘Case 002′, two leading members of the Khmer Rouge regime (in power from 1975 to 1979) are accused of a multitude of atrocious crimes including Genocide, Crimes Against Humanity and War Crimes.

The trial, held under the auspices of the ECCC (Extraordinary Chambers in the Courts of Cambodia) is currently taking place in a courtroom just outside Cambodia’s capital, Phnom Penh.

The court is a hybrid tribunal which applies both International and Cambodian law to try the alleged crimes of the defendants — Nuon Chea (‘Brother Number Two’), Khieu Samphan (Head of State). Ieng Thirith (Social Affairs Minister) was declared unfit to stand trial early in the proceedings. Ieng Sary (Foreign Minister) who was also facing charges died a few months ago.

‘Facing Justice’, shown on Cambodia’s top TV channel (CTN), presents a summary of the courtroom’s highlights. In addition, the show provides straightforward explanations to help its 85% rural audience understand the complex legal issues likely to arise as this important trial proceeds.

Partners in the project include Khmer Mekong Films and the Asian International Justice Initiative (AIJI), a joint project of the East-West Center in Honolulu, Hawaii, and the WSD HANDA Center for Human Rights and International Justice at Stanford University.

The USAID programs will later be screened in villages across the country – used as outreach material to aid national reconciliation. Previous sponsors of ‘Facing Justice’ were the US Department of State and the German Embassy, Phnom Penh.

‘Time for Justice’, programs covering Case 001 – the trial of Kaing Guek Eav, alias Duch (in charge of the Khmer Rouge S-21 interrogation center), were covered by 27 similar TV programs, sponsored by the British Embassy, Phnom Penh.

Copyright East-West Center 2014

Posted by: AIJI Trial Monitor | August 26, 2014

KRT Trial Monitor C002/02 – Initial Hearing (30 July 2014)

On 30 July 2014, the Trial Chamber of the ECCC presided over an Initial Hearing in Case  002/02 against two alleged senior leaders of the Khmer Rouge: Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, and Khieu Samphan, former Head of State of Democratic Kampuchea.  Following the Court’s severance decision, Case 002/02 is the  second trial against these Accused.

Read the report:

KRT Monitor — Initial Hearing Report  (30 July 2014)

English

Posted by: AIJI Trial Monitor | August 26, 2014

Facing Justice, Episode 45

This is the 45th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial.

A total of 16 new programs (episodes 38 – 53) have been sponsored by USAID (the US Agency for International Development) in a two-year project aimed at aiding National Reconciliation.

Episodes 38 to 44 covered the ‘Closing Statements’, the verdicts and sentences in the trials of the two Accused, Nuon Chea and Khieu Samphan.

This episode – 45 – covers the reactions of leading trial lawyers to the guilty verdicts and life sentences imposed on both men. Read More…

Posted by: AIJI Trial Monitor | August 26, 2014

Facing Justice, Episode 44

‘Facing Justice’ returns to Cambodian TV screens after a break of several months.

This is the 44th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial.

A total of 16 new programs (episodes 38 – 53) have been sponsored by USAID (the US Agency for International Development) in a two-year project aimed at aiding National Reconciliation.

Episodes 38 to 43 covered the ‘Closing Statements’ in the trials of the two Accused, Nuon Chea and Khieu Samphan.

This episode – 44 – covers the verdicts and the sentencing.

Later episodes will report on reaction to the verdicts and sentences, the issues involved, any appeals and their outcomes.

In what is known as ‘Case 002′, two leading members of the Khmer Rouge regime (in power from 1975 to 1979) are accused of a multitude of atrocious crimes including Genocide, Crimes Against Humanity and War Crimes.

The trial, held under the auspices of the ECCC (Extraordinary Chambers in the Courts of Cambodia) is currently taking place in a courtroom just outside Cambodia’s capital, Phnom Penh.

The court is a hybrid tribunal which applies both International and Cambodian law to try the alleged crimes of the defendants – Nuon Chea (‘Brother Number Two’), Khieu Samphan (Head of State).

Ieng Thirith (Social Affairs Minister) was declared unfit to stand trial early in the proceedings. Ieng Sary (Foreign Minister) who was also facing charges died a few months ago.

‘Facing Justice’, shown on Cambodia’s top TV channel (CTN), presents a summary of the courtroom’s highlights. In addition, the show provides straightforward explanations to help its 85% rural audience understand the complex legal issues likely to arise as this important trial proceeds.

Partners in the project include Khmer Mekong Films and the Asian International Justice Initiative (AIJI), a joint project of the East-West Center in Honolulu, Hawaii, and the WSD HANDA Center for Human Rights and International Justice at Stanford University.

The USAID programs will later be screened in villages across the country – used as outreach material to aid national reconciliation.

Previous sponsors of ‘Facing Justice’ were the US Department of State and the German Embassy, Phnom Penh.

‘Time for Justice’, programs covering Case 001 – the trial of Kaing Guek Eav, alias Duch (in charge of the Khmer Rouge S-21 interrogation center), was covered by 27 similar TV programs, sponsored by the British Embassy, Phnom Penh.

The American people, through the U.S. Agency for International Development, have provided economic and humanitarian assistance worldwide for over 50 years. For more information about USAID and its programs, please visit http://www.usaid.gov.

Copyright East-West Center 2014

Posted by: AIJI Trial Monitor | August 6, 2014

Closing Statements in Case 002/01

October 2013 saw three weeks of closing statements in Case 002/01 by parties and  statements from Co-Accused Nuon Chea and Khieu Samphan.

For an in depth week by week overview of the arguments presented before the Court, read the issues here:

70 ■ Week 65 ■ 16-18 October 2013

71 ■ Week 66 ■ 21-15 October 2013

72 ■ Week 67 ■ 28-31 October 2013

Posted by: AIJI Trial Monitor | July 21, 2014

AIJI Outreach: Media at the Khmer Rouge Trials

Click here to read Christoph Sperfeldt’s (Regional Program Coordinator of AIJI) article in AsiaPacific Issues concerning some of AIJI’s work in mass media outreach:

“Increasingly, individuals who have perpetrated mass atrocities are being held to account in criminal tribunals. Whether these are in-country tribunals or convened elsewhere, one of their main purposes is to obtain justice for victims. Building a bridge between the tribunal and the affected population is key to achieving this and other goals, such as promoting the rule of law and community reconciliation. But limited or ineffective outreach can negate the wider potential of these tribunals. Surprisingly, tribunals do not typically give the outreach process the priority needed to realize its potential. The case of the tribunal in Cambodia, which is trying leaders of the Khmer Rouge, demonstrates that innovative approaches to outreach—including, in this case, a TV series in a popular talk-show format—can help ensure that the opportunity for national progress provided by the tribunal is fully realized”

 

API 115_BroadcastingJustice-2014

Posted by: AIJI Trial Monitor | May 29, 2014

Severance and Scope of Case 002/02

On 4 April 2014, ECCC Trial Chamber released decision E301/9/1, “Decision on Additional Severance of Case 002 and Scope of Case 002/02.” AIJI summarized the Trial Chamber’s decision in the chart below, detailing the Court’s reasoning and the specifics of scope for Case 002/02.

PDF here:

Khmer: Severance & Scope Case 002/02

For a PDF with links, please refer to the Severance & Scope of Case 002/02 Chart in English

Screen Shot 2014-08-05 at 10.16.29 AM

Severance & Scope of Case 002/02

 

Posted by: AIJI Trial Monitor | May 8, 2014

General Case 002/01 Procedural Timeline

PDFs:

For the Khmer PDF click here: Timeline of Case 002/01 in Khmer

For working links, find the PDF here: Case 002/01 Procedural History in English

Screen Shot 2014-08-05 at 10.23.40 AM

 

 

 

JPG_Case 002/01

 

Posted by: AIJI Trial Monitor | April 29, 2014

ECCC Updates, December 2013 – April 2014

KRT Monitor has been keeping up with ECCC submissions and important court updates following Closing Statements of Case 002/01 on our Facebook page. Read below for the compiled monthly updates throughout 2014.

ECCC Update, December – January 2014

On 11-13 December 2013, Trial Chamber President Nil Nonn summoned the Parties to discuss how to proceed with Case 002/02, including whether a second Trial Chamber panel is necessary to preside over the case and what the scope for Case 002/02 should be. Within a week of the meeting, on 20 December 2013, the President released a memorandum which stated that the maintenance of the current panel of Trial Chamber judges to hear Case 002/02 was in the “interests of justice” for reasons related to the expeditiousness of the proceedings (See http://tinyurl.com/lexqdfj). Building on his argument that the current panel of judges would hear the second phase of Case 002 in a more expeditious manner than a second panel of judges who would be less familiar with the case, the President issued a tentative work plan in December 2013. The work plan outlined the major stages, activities, and reports necessary for the second trial to begin (see http://tinyurl.com/mcdgwmn).

Pursuant to the work plan, the Parties were required to file submissions on the scope of Case 002/02 by 31 January 2014, which, according to the Supreme Court Chamber, is to include charges relating to S21, a worksite, a cooperative and genocide. The Office of Co-Prosecutors have submitted a range of specific crime sites to be included in Case 002/02, which is largely supported by the Civil Parties (see http://tinyurl.com/nql8rcn). However, in addition to requesting that a broader range of worksites and security centers be included in the scope, the Civil Parties also seek the inclusion of forced marriage and the treatment of Buddhists across the country (see the Civil Parties’ submissions at http://tinyurl.com/nmsjnbe).

The Nuon Chea Defense team requested that if the Trial Chamber did decide to limit Case 002/02 to specific crime sites, that those crimes sites include those which Nuon Chea is best placed to establish an affirmative defence. Nuon Chea’s Counsels contend that this would include those crime sites which relate to the alliance between the Northwest and East Zone forces against Pol Pot and Nuon Chea, and the relationship of these forces with the Vietnamese. A major concern of the Nuon Chea Defense is the scope of evidence permitted in Case 002/02, which they contend should be widened to include as prima facie admissible, evidence on any subject within the scope of the entire Closing Order of Case 002 (see http://tinyurl.com/muqpff7). The Khieu Samphan’s Defense team’s submission on scope has not been translated from French at the time of posting (see http://tinyurl.com/khmao87 ).

Additional issues raised by the Parties include the transfer of all evidence admitted in Case 002/01 to Case 002/02 (See http://tinyurl.com/ltk75su) and the reduction of the hearing schedule to accommodate the frail health of the Accused (See http://tinyurl.com/msz2r74).

ECCC Update, February 2014

The first two weeks of February saw the parties’ submission in preparation for the 11 February 2014 Trial Management Meeting, which dealt with a number of issues including proposed scope for Case 002/02. For coverage of the TMM meeting and legal background to the proceedings, read KRT Monitor’s article (http://tinyurl.com/jwsycgg). For decisions made by the Trial Chamber in December 2013 and January 2014, read KRT’s submissions update (http://tinyurl.com/n9ycros).

In terms of the decisions issued by the Trial Chamber in February 2014, the Trial Chamber has yet to provide further guidance as to the intended scope and starting date of Case 002/02. However, the Chamber did issue their decision regarding the Co-Accused’s fitness to stand trial (http://tinyurl.com/pmac3nt) on 17 February 2014. The Chamber conveyed its agreement with Nuon Chea and Khieu Samphan Defense teams that it is necessary to reassess the fitness of both parties due to their age and frailty, and the lengthy period since the last assessment. However, it noted that in the future, parties must have adequate reasons and demonstrate the necessity for additional medical assessment

With this decision, the Chamber also officially appointed a number of experts to assess the health of the Accused pursuant to Internal Rules 31 and 32. These experts, namely Dr Seena Fazel, Dr Chan Kin Ming and psychiatrist Dr Huot Lina, will conduct medical assessment on the Co Accused on 24 and 25 March 2014. The Chamber also noted that it is important to wait for the medical assessment report before considering the sitting times for evidentiary proceedings of Case 002/02. A tentative hearing date of 28 March 2014 has been set to discuss the medical experts’ findings.

ECCC Update, March 2014

On 21 March 2014, the Trial Chamber President Nil Nonn responded to the Accused Khieu Samphan Defense team on their request asking for a delay the start of Case 002/02 given that the legal principles of res judicata and judicial certainty require a final Supreme Court Chamber judgment of Case 002/01. See the Trial Chamber’s decision here (http://tinyurl.com/n9obwg9). In the response, President Nil Nonn denied the request of the Defense team for a number of reasons, citing among others the fundamental interest of protecting civil party and victims and the Trial Chamber’s belief that the fair trial rights of the Accused are not being violated if proceedings start before the final decision. The President emphasized there is no valid legal reason for postponing Case 002/02 until after the Supreme Court Chamber has finally ruled on the appeals relating to case 002/01. For more background information on Nuon Chea’s team submission, see our report on the 11 February Trial Management Meeting here (http://tinyurl.com/jwsycgg).

ECCC Update, April 2014

April saw a few major updates concerning Court proceedings for Case 002/02 and beyond. Notably, on 4 April 2014, the Trial Chamber released their major decision related to the severance and scope of Case 002/02 – read their decision here (http://tinyurl.com/kk8q2zu). After receiving and considering the parties’ submissions for proposed severance and scope of Case 002/02, the Chamber found that additional severance of Case 002 is in the interest of the judiciary and it “does not impede unduly” on the rights of the Accused. Among the considerations guiding the Chamber’s decision was “different legitimate interests rooted in human rights and principles of efficiency,” as well as taking into account that severance is necessary to ensure at least part of the remaining charges are “adjudicated within the lifespan” of the Accused. The Trial Chamber decided on a number of crime sites and factual allegations they believe to be “reasonably representative” of the Closing Order. Read more specifics about this decision in KRT Monitor’s here (http://tinyurl.com/n3qlydb).

In an order dated 8 April 2014, the Trial Chamber requested Parties’ submit lists of proposed witnesses, documents and evidence, and uncontested facts, as well as a list of legal issues they intend to raise at the Initial Hearing. This hearing, the Trial Chamber announced, will happen no later than 9 June 2014. For more information on the Court’s decision, read the ECCC’s Public Affairs Section’s April Court Report issue here (http://tinyurl.com/p29g5r8).

On 24 April 2014, International Co-Prosecutor Mr. Nicholas Koumjian filed a Supplementary Submission for Case 004, requesting the Office of the Co-Investigating Judges (OCIJ) further investigate sexual or gender-based violence and forced marriage crimes committed during the Khmer Rouge period. Read Mr. Koumjian’s submission here (http://tinyurl.com/lpoufql ). One example of the alleged crimes committed includes a marriage ceremony where a group of up to 80 couples was forcibly married at one time. The submission also asked the OCIJ to investigate rape and sexual violence perpetrated by KR cadre, including instances when women were raped before being executed or when women who reported rapes during the Khmer Rouge period were subsequently executed. International Co-Prosecutor Mr. Koumjian further noted the courage of witnesses and Civil Party victims who have come forward to provide evidence of these crimes to ECCC investigators.

On 25 April 2014, Trial Chamber President Nil Nonn issued decisions on the fitness to stand trial of both Accused Khieu Samphan and Nuon Chea. After considering the examinations of the Co-Accused by medical experts, the Trial Chamber found both capable of meaningful participation in their own defence and therefore labeled them fit to stand trial. For the Khieu Samphan decision, click here (http://tinyurl.com/mbw5moe). For the Nuon Chea decision, click here (http://tinyurl.com/n37mhm4).

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ទិដ្ឋភាពទូទៅនៃបញ្ហាស្តីពីសិទ្ធិទទួលបានការជំនុំជម្រះដោយយុត្តិធម៌

ក្នុងសំណុំរឿង០០២/០១

ច្បាប់ស្តីពីការបង្កើតអង្គជំនុំជម្រះវិសាមញ្ញក្នុងតុលាការកម្ពុជា[i] បានកំណត់ថា តុលាការនេះ ត្រូវតែគោរព តាមបទដ្ឋាន​ដែលមាន​ចែង​ក្នុង​អនុសញ្ញាអន្តរជាតិរបស់អង្គការសហប្រជាជាតិ ស្តីពីសិទ្ធិពលរដ្ឋ និងនយោបាយ (ICCPR) ហើយជាទូទៅ ត្រូវបានស្គាល់ថា ជាសិទ្ធិ​ទទួលបាន​ការ​ជំនុំជម្រះដោយយុតិ្តធម៌  ដើម្បីការពារជន ជាប់ចោទ​ដែលប្រព្រឹត្តបទឧក្រិដ្ឋ ពីការផ្តន្ទាទោសដោយគ្មាន​មូលដ្ឋាន​ច្បាប់​ច្បាស់​​លាស់[ii]។ សិទ្ធិទាំងនេះ រួម មាន សិទ្ធិទទួលបានការជំនុំជម្រះដោយយុត្តិធម៌ និងជាសាធារណៈ ពីសំណាក់តុលាការដែល​មាន​សមត្ថ​កិច្ច មានឯករាជ្យភាព និងមិនលម្អៀង ដែលត្រូវបានចែងដោយច្បាប់។ សិទ្ធិរបស់ជនជាប់ចោទ  ក៏បានរាប់បញ្ចូល ផងដែរនូវសិទ្ធិ​ទទួល​បានសច្ចធារណ៍នៃនិរទោស (ការសន្មតជាមុនថាគ្មានទោស) រហូតដល់មានការបង្ហាញ ឱ្យឃើញថាមានពិរុទ្ធភាព សិទ្ធិទទួលបាន​ជំនួយមេធាវី  និងសិទ្ធិមានពេលវេលាគ្រប់គ្រាន់ដើម្បីរៀបចំជាមួយ មេធាវីការពារក្តីរបស់ខ្លួន សិទ្ធិទទួលបានការជំនុំជម្រះដោយ​គ្មាន​ការ​ពន្យារពេល សិទ្ធិមានវត្តមានក្នុងសវនាការ និងសាកសួរសាក្សី និងសិទ្ធិមិនត្រូវបានបង្ខំឲ្យផ្តល់សក្ខីកម្មដាក់បន្ទុកមកលើខ្លួនឯង គំនូស​តារាង​ខាងក្រោមនេះ បានរៀបរាប់ពីសិទ្ធិមួយចំនួន ដែលត្រូវបានជួបប្រទះញឹកញាប់បំផុតនៅក្នុងសំណុំរឿង០០២/០១ ដែលមាន​ជនជាប់​ចោទ នួន ជា និង ជនជាប់ចោទ ខៀវ សំផន

សម្រាប់គំនូសតារាង ដែលរៀបរាប់ពីបញ្ហាមូលដ្ឋានស្តីពីសិទ្ធិទទួលបានការជំនុំជម្រះ​ដោយយុត្តិធម៌ក្នុងសំណុំ រឿង០០២/០១ សូមមេត្តាស្វែងរកគំនូសតារាងដែលបង្កើតឡើងដោយគម្រោងផ្តួចផ្តើមយុត្តិធម៌អន្តរជាតិប្រចាំ អាស៊ី (AIJI) តាមរយៈការតភ្ជាប់នេះ៖ AIJI – Fair Trial Rights – Khmer Chart

ប្រភពច្បាប់ដែលពាក់ព័ន្ធនៅក្នុងព្រះរាជាណាចក្រកម្ពុជា៖

—-

Overview of  Fair Trial Rights Issues

in Case 002/01

The Law on Establishment of the ECCC [i] determined that the Court shall follow the standards established by the UN International Covenant for Civil and Political Rights (ICCPR), commonly known as fair trial rights that protect those Accused of committing crimes from arbitrary convictions.[ii] These rights include the right to a fair and public hearing by a competent, independent and impartial tribunal established by law. They also include the right of an Accused person to be presumed innocent until proven guilty, the right to have a legal counsel, and the right to have adequate facilities to prepare with the counsel his or her own defense, the right to be tried without undue delay, the right to be present in his or her own presence and examine witnesses, and the right not to be compelled to testify against himself or herself.  The chart below lists the rights that were most frequently problematic over the course of Case 002/01 with accused Nuon Chea and Khieu Samphan.

For a chart outlining basic issues with fair trial rights in Case 002/01, please see AIJI’s chart here: AIJI – Fair Trial Rights at the ECCC.

[i] Available here, The Law on the Establishment of the Extraordinary Chambers

[ii] The Extraordinary Chambers shall exercise their jurisdiction in accordance with international standards of justice, fairness and due process of law, as set out in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights, to which Cambodia is a party. In the interest of securing a fair and public hearing and credibility of the procedure, it is understood that representatives of Member States of the United Nations, of the Secretary-General, of the media and of national and international non-governmental organizations will at all times have access to the proceedings before the Extraordinary Chambers. Any exclusion from such proceedings in accordance with the provisions of Article 14 of the Covenant shall only be to the extent strictly necessary in the opinion of the Chamber concerned and where publicity would prejudice the interests of justice.

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