Posted by: AIJI Trial Monitor | April 17, 2015

KRT Trial Monitor C002/02 – Issue 15 (30 March-3 April 2015)

In the final week of hearings before the Khmer New Year holiday, the Trial Chamber heard the statements of suffering of eight Civil Parties related to the harm they suffered under the DK regime. The Civil Parties appeared over two and a half days of victim impact hearings, which were scheduled as the trial segment on Tram Kak District cooperatives and Kraing Ta Chan Security Center nears its completion. The eight men and women who appeared spoke of their experiences in rural cooperatives in Tram Kak District, their maltreatment under the Khmer Rouge authorities, and the loss of family members. The Chamber also heard the witness testimony of Mr. Richard Dudman, an American journalist, via video link to the United States. He mostly discussed his experience visiting Democratic Kampuchea in December 1978 alongside Elizabeth Becker, an expert witness who testified in February 2015. However, his memory loss linked to old age inhibited him from providing many details in his responses. In the days preceding the victim impact hearings, the Chamber also dealt with legal arguments concerning the probative value of Civil Party statements of suffering in establishing facts or evidence of crimes. With the conclusion of hearings this week, the Trial Chamber adjourned proceedings until 21 April 2015, to allow Parties more time to review the recent evidentiary disclosures from the investigations in Cases 003 and 004, and also due to a previously scheduled judicial recess to mark the Khmer New Year holiday.

KRT Trial Monitor No. 15 – Hearings on Evidence Week 12 (30 March-3 April 2015)

English Khmer (Summary)

Posted by: AIJI Trial Monitor | April 2, 2015

KRT Trial Monitor C002/02 – Issue 14 (24-26 March 2015)

This week, the Trial Chamber successfully heard the testimonies of three Civil Parties within two and a half days of proceedings. On 24 and 25 March, the first Civil Party, Mr. Soth Saing, testified, under protective measures, on his experiences as a former guard at Kraing Ta Chan Security Center (KTC), where he said he witnessed poor prison conditions, as well as interrogations and executions. Claiming he was assigned only to guard the prison’s outside perimeter,the witness consistently denied allegations by Soy Sen (a former prisoner and fellow Civil Party) that he was involved in the execution of two children and various acts of sexual violence. In an extended final session on the afternoon of March 25th, Mr. Soy Sen returned to the courtroom to complete his prior testimony, which had been left unfinished on 7 February 2015, when he expressed fear of naming former KTC cadres. In court this week, he identified the former prison staff members who took part in arrests, interrogations, and executions, and he rejected contradictory statements from the former guards. On the morning of 26 March, Civil Party Oung Saroeun testified on her experiences in Leay Bour Commune in Tram Kak District. She reported witnessing a visit by Nuon Chea, Khieu Samphan and Pol Pot to a dam construction site near Or Chambok in 1977. This report summarizes the three Civil Party appearances in court from this week,analyzes the Parties’ questioning practices, and critiques the Trial Chamber’s inconsistent approach to protecting victim confidentiality in accordance with its own directives.

KRT Trial Monitor No. 14 – Hearings on Evidence Week 11 (24-26 March 2015)

English Khmer (Summary)

Posted by: AIJI Trial Monitor | March 26, 2015

KRT Trial Monitor C002/02 – Issue 13 (16-19 March 2015)

The Trial Chamber effectively completed hearing the testimonies of two witnesses this week, but it was forced to adjourn a half-day early due to the health issues of a new witness set to testify on 19 March. Throughout the week, there were no substantial legal or procedural issues, beyond a few objections seeking evidentiary references to avoid misstating evidence, or the Trial Chamber’s requests to avoid repetitious questioning. The first witness heard this week, Mr. Nut Nouv, was chief of Srae Ronoung Commune in 1978. His testimony covered his experiences as a cadre in three different Tram Kak District communes and his knowledge of DK administrative structures, as well as the living conditions in the cooperatives. The second witness, Mr. Riel Son,was deputy chief of Tram Kak District Hospital from 1976 to 1979. He testified on his experiences and roles at the hospital, his attendance of meetings where the targeting of Lon Nol officials, Khmer Krom, and ethnic Vietnamese was discussed, and his interactions with Ta Mok and the Accused, Khieu Samphan. This report also summarizes the Trial Chamber’s continued management of Case 002/02, as the Court sought to strike a balance between the OCP’s recent evidentiary disclosures from Cases 003 and 004 and the Defense Teams’ requests for new scheduling to enable review of the evidence.

Read the report: KRT Trial Monitor No. 13 – Hearings on Evidence Week 10  (16-19 March 2015)

English Khmer (Summary)

Posted by: AIJI Trial Monitor | March 26, 2015

KRT Trial Monitor C002/02 – Issue 12 (9-12 March 2015)

The Trial Chamber continued to hear evidence from former cadres in Tram Kak District from 9 to 12 March. Following the previous weeks’ examination of former guards and officials at Kraing Ta Chan Security Center, this week the Court heard evidence regarding food and labor conditions in DK’s rural cooperatives, as well as the administrative structure in District 105, Sector 13, and the Southwest Zone. The Chamber heard from two witnesses, Mr. Neang Ouch, who is alleged by others to have been chief of District 105 in 1977 and 1978, and Mr. Nut Nouv, the former of chief of Srae Ronoung Commune in 1978. Both witnesses provided details about cooperative labor, food supply, and security policy, as well as their understandings of the DK administrative hierarchy. Neang Ouch’s testimony contained notable inconsistencies, and he denied holding any District-level position, which prompted the OCP to warn him of penalties for perjury. Additionally, this week the Chamber attempted to clarify its directives on the confidentiality of future witnesses, while effectively dealing with issues of trial scheduling and time management.

Read the report: KRT Trial Monitor No. 12 – Hearings on Evidence Week 9  (9-12 March 2015)

English Khmer (Summary)

On 28 November 2014, the Australian Human Rights Centre, UNSW Australia (UNSW), Asian International Justice Initiative (AIJI) and the Victims Support Section (VSS) at the Extraordinary Chambers in the Courts of Cambodia (ECCC) held a workshop on Transformative Reparations for Sexual and Gender Based Violence at the ECCC. The focus of the workshop was the possibility, within the reparations mandate and legal framework of the ECCC, of designing and implementing transformative reparations for sexual and gender-based violence. The workshop engaged a range of ECCC actors, representatives of civil parties, researchers, academics and civil society organizations.

The concept of transformative reparations was then applied to the Cambodian context to determine the potential for transformation as part of the reparations projects developed within the ECCC framework. Experiences from previous cases and reparations projects were considered. An assessment was then made of the potential for the current case before the ECCC, which includes charges of forced marriage and sexual and gender-based violence, to support reparations projects that might have transformative effects. Workshop participants considered a range of possible reparations projects that would address the particular needs of victims of sexual and gender-based violence during the Democratic Kampuchea (DK) regime, as well as potentially altering attitudes or conditions that contribute to sexual and gender-based violence in Cambodia today. Finally, a number of recommendations were drawn from the discussions and presentations.

Read the full report: English

Posted by: AIJI Trial Monitor | March 13, 2015

KRT Trial Monitor C002/02 – Issue 11 (3-5 March 2015)

In only two full days of public evidentiary hearings this week, the Trial Chamber heard the testimony of a single witness, Mr. Van Soeun, a former guard and messenger at Kraing Ta Chan Security Center. Defense motions concerning the International Co-Prosecutor’s continued disclosure of documents from the OCIJ investigations of Cases 003 and 004 into the case file for Case 002/02 resulted in the shortened week of hearings. This procedural issue was coupled with the International Co-Investigating Judge’s 3 March 2015 announcement of charges in absentia for two suspects in those cases under investigation. KRT Trial Monitor will summarize and analyze the announcement of these charges in a forthcoming separate report. This report, however, discusses the ongoing disclosures from the OCIJ investigations to Case 002/02, as the Chamber held a public trial management meeting for the Parties to note their impacts on the current trial segment and the upcoming order of the Case. Furthermore, this report summarizes the testimony of Van Soeun, alias Suon, who described his role at the prison, his knowledge of its administrative structure, and his observation of alleged atrocities at the Security Center. The report also analyzes the Trial Chamber’s lack of coherent instructions regarding the privacy afforded to victims of sexual violence, after the issue again was raised during Defense Counsel Victor Koppe’s examination of the Witness this week.

Read the report: KRT Trial Monitor No. 11 – Hearings on Evidence Week 8  (3-5 March 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | March 9, 2015

KRT Trial Monitor C002/02 – Issue 10 (23-25 February 2015)

Although the week was cut short by a day due to the need for the Parties to review new evidence in Case 002/02, the trial proceeded efficiently the rest of the week, as two former Khmer Rouge cadres from Tram Kak District testified. The first, Mr. Srei Thân, gave details of his experience as a guard at Kraing Ta Chan Security Center, where he claimed to have acted only as a guard on the outer perimeter, and occasionally as a typist. The second witness, Mr. Phann Chhen, described his role in Tram Kak prior to 1975, and he provided information on conditions at the Security Center in the DK era. However, he categorically denied any personal involvement in the prison’s operations, even as the Parties confronted him with statements from himself and others, suggesting he was the Security Center’s first chief. The Parties raised few objections or procedural issues this week, although a recurrent debate over Defense Counsel Victor Koppe’s use of the courtroom’s document interface surfaced briefly in two hearings. This report summarizes the Trial Chamber’s continued management of Case 002/02 as it progresses well into its first segment with the illuminating testimony of these former cadres.

Read the report: KRT Trial Monitor No. 10 – Hearings on Evidence Week 7  (23-25 February 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | February 25, 2015

KRT Trial Monitor C002/02 – Issue 9 (16-19 February 2015)

This week, the Trial Chamber moved efficiently in completing the examination of three witnesses and commencing the questioning of a fourth, even as procedural hurdles threatened the continued progress of Case 002/02. The OCP began to insert newly released confidential statements from the Case 004 investigation into the Case 002/02 dossier, as they include both inculpatory and exculpatory material relevant to the ongoing trial. Both the Defense Teams, with the tacit support of the Civil Parties, sought postponement of trial so the new statements could be reviewed for impact upon witness testimony in the current trial segment on Tram Kak District and Kraing Ta Chan Security Center (KTC). The Trial Chamber declined to postpone this week, moving forward with the four witnesses after determining the new statements were not relevant to their particular examinations. However, the Court did announce modifications to the hearing schedule for the next two weeks to provide more time for the parties to review the new Case 004 statements. With the threat of postponement effectively addressed, the Chamber successfully heard testimony from a monk who was defrocked and forced to labor under the Khmer Rouge, and from two ‘base’ people who described life in their Tram Kak cooperatives. In its brief session on Thursday, 19 February, the Chamber began to hear testimony from a former prison guard at Kraing Ta Chan previously identified as ‘Little Duch’. This report summarizes the testimony of the four witnesses, analyzes the inclusion of Case 004 statements in evidence, and briefly discusses other procedural and trial management issues that arose this week.

Read the report: KRT Trial Monitor No. 9 – Hearings on Evidence Week 6  (16-19 February 2015)

English Khmer (Summary)

Posted by: AIJI Trial Monitor | February 20, 2015

KRT Trial Monitor C002/02 – Issue 8 (9-12 February 2015)

Case 002/02 proceeded beyond the confines of the first trial segment on Tram Kak District cooperatives and Kraing Ta Chan Security Center this week as the Trial Chamber heard the testimony of the case’s first Expert Witness, Elizabeth Becker. The Expert testified for three days on the geopolitical context for the rise and fall of Democratic Kampuchea, the country’s tensions with Vietnam, the internal purges of cadre and officials across the Zones, and her own visit to DK in December 1978. The testimony dealt with major themes relevant to the Prosecution’s cases, victims’ experiences, and key Defense arguments raised by the Co-Accused, so it often became contentious. Parties raised many procedural issues this week concerning phrasing of questions, the selective appearance of Nuon Chea in the trial, and the scope of Case 002/02. In addition, the Chamber heard the testimony of a Civil Party, Ry Pov, who described his experiences working in a Tram Kak District mobile unit after returning to his homeland of Takeo Province from a refugee camp in Vietnam in 1976. This report analyzes testimony from the two witnesses who appeared this week, discusses the legal issues raised during their testimony, and continues to track the progress of the Chamber’s overall management of the trial.

Read the report:

KRT Trial Monitor No. 8 – Hearings on Evidence Week 5  (9-12 February 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | February 12, 2015

Facing Justice – Episode 53 (covering ECCC Proceedings 2-6 February 2015)

This is the 53rd 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 9 February 2015.

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

Episode 53 covers the fourth week of the new part of the second trial, ‘Case 002/02′ – from Monday 2 to Friday 6 February. Nuon Chea and Khieu Samphan, two leading members of the Khmer Rouge regime (in power from 1975 to 1979), are accused of a multitude of atrocious crimes. The charges are related to ‘Genocide’ – against Chams and Vietnamese; the treatment of Buddhists, ‘Forced Marriages and Rape’, ‘Internal Purges’ and the targeting of former Khmer Republic officials.

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