As reported in the last edition of the KRT Trial Monitor, on the same day evidentiary hearings in Case 002/02 began, the Defense Teams for Nuon Chea and Khieu Samphan brought ECCC proceedings to a standstill by announcing their decision to boycott the trial. The Defense counsels for the co-Accused have remained adamant that they will not return to the courtroom until certain concerns are addressed and requests are satisfied. The team for Nuon Chea demands the judges of the Chamber voluntarily step down while a Special Bench empanelled by the Judicial Administration Committee considers pending motions for their disqualification from Case 002/02, and the team for Khieu Samphan asks that substantive proceedings in Case 002/02 resume only after the appellate filings in Case 002/01 conclude. In the two weeks since the start of the boycott, both the Trial Chamber and the OCP have sought to compel the defense teams back to the courtroom in order to proceed. The Parties have turned to both international jurisprudence and domestic Cambodian procedural guidelines to justify their arguments regarding the legality of the boycott.

AIJI is publishing this special report on the boycott in order to provide more detailed discussion of the body of relevant international law and domestic legal codes the Parties to the proceedings have cited in regard to this matter. Section II of this report complements the KRT Trial Monitor’s prior summary of the boycott announcement on 17-18 October 2014, with a summary of developments over the subsequent two weeks. This section provides procedural context to those developments with references to the ECCC Internal Rules, and it relates the conduct of Defense counsel to pertinent standards found in Cambodian laws and professional codes. Section II also analyzes cases from other international tribunals that have dealt with similar issues of defense representation, trial boycotts, and the disqualification of judges.

Read the report:

KRT Trial Monitor’s Special Report: Defense Teams’ Boycott  (31  October 2014).

English

Posted by: AIJI Trial Monitor | October 21, 2014

KRT Trial Monitor C002/02 – Issue 2 (17 October 2014)

This week marked the opening of evidentiary hearings in the second trial of Case 002. This follows the initial hearing, which took place on 30 July 2014, and the Trial Chamber’s announcement of the Judgment in Case 002/01 on 7 August 2014. Victims, the co-Accused, and Court observers have awaited this trial for its focus on a wider scope of alleged crimes, including forced marriage, and charges that the Accused participated in acts of genocide against Cham Muslims and ethnic Vietnamese. The trial is also significant insofar as it is expected to cover a greater number of crime sites (cooperatives, work sites, and security centers across the country) than fell within the scope of Case 001 and Case 002/01.

However, on the trial’s long anticipated opening day, the prospect of further delays dominated discussion inside the courtroom and out, as Defense teams for both of the co-Accused announced their intent to boycott the trial. Counsel for the Accused are unhappy that the Trial Chamber elected to commence evidentiary hearings in Case 002/02 while the Prosecution and Defense are still in the process of filing appeals against the Judgment in Case 002/01 with the ECCC’s Supreme Court Chamber. Defense Counsel has further argued that the Trial Chamber judges ought to recuse themselves from proceedings while the Judicial Administration Committee decides on Defense motions for their disqualification from Case 002/02. In light of these announcements and objections, the Court delayed further evidentiary hearings, and scheduled a closed trial management meeting to take place on 21 October 2014.

Section II of this report summarizes three sets of documentary submissions filed prior to the start of evidentiary hearings in Case 002/02. Section III covers the opening statements of the Parties, in Court on 17 October 2014, as well as a subsequent press conference called by the Defense teams, to further explain the decision of the Accused to boycott the proceedings. Section IV covers trial attendance, time management, and matters of courtroom administration.

Read the report:

KRT Trial Monitor No. 2 – Opening Statements  (17 October 2014).

English

Posted by: AIJI Trial Monitor | September 12, 2014

Facing Justice, Episode 49

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

This is the 49th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial. It was first broadcast on CTN on Monday 15 September 2014.

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.

In ‘Case 002′, Nuon Chea and Khieu Samphan, two leading members of the Khmer Rouge regime (in power from 1975 to 1979), were accused of a multitude of atrocious crimes including Genocide, Crimes Against Humanity and War Crimes.

Episodes 38 to 46 covered the ‘Closing Statements’, the verdicts and sentences, legal and the public’s reactions to the outcome in this trial. Ep 47 was the first of three ‘thematic’ programs on issues arising during proceedings. It covered the structure of the Khmer rouge hierarchy. Episode 48 covered the KR’s forced population evacuations of Cambodian cities.

Episode 49, the last of three ‘thematic’ programs, covers the details of reparations requested by Civil Parties and granted by the Court during Case 002/02.

Later episodes will report on the issues involved, any appeals and their outcomes.

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.

Copyright East-West Center 2014

Posted by: AIJI Trial Monitor | September 6, 2014

Facing Justice, Episode 48


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

This is the 48th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial. It was first broadcast on CTN on Monday 8 September 2014.

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 46 covered the ‘Closing Statements’, the verdicts and sentences, legal and the public’s reactions to the outcome in the trials of the two Accused, Nuon Chea and Khieu Samphan. Ep 47 was the first of three ‘thematic’ programs on issues arising from the trial. It covers the structure of the Khmer rouge hierarchy.

Episode 48, the second of three ‘thematic’ programs, covers the details of the KR’s forced population evacuations of Phnom Penh and other cities that emerged during Case 002/02.

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), was covered by 27 similar TV programs, sponsored by the British Embassy, Phnom Penh.

Copyright East-West Center 2014

Posted by: AIJI Trial Monitor | September 6, 2014

Facing Justice, Episode 47

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

This is the 47th episode of a series of weekly TV reports about the proceedings in the second Khmer Rouge trial. It was first broadcast on CTN on Monday 1 September 2014.

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

Episode 47, the first of three ‘thematic’ programs, covers the details of the structure of the Khmer Rouge hierarchy that emerged during Case 002/02.

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), was covered by 27 similar TV programs, sponsored by the British Embassy, Phnom Penh.

Copyright East-West Center 2014

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

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