Posted by: AIJI Trial Monitor | January 30, 2015

KRT Trial Monitor C002/02 – Issue 5 (21-23 January 2015)

This week marked the first full week of hearings in Case 002/02 to proceed without significant disruption to the Court schedule. The Chamber successfully concluded the testimony of Mr. Meas Sokha, the first witness in the trial and a former prisoner at Kraing Ta Chan Security Center in the Southwest Zone. The Witness testified at length about his observations at the prison, including allegations of torture and killings, and the Defense Teams questioned him in an intensive attempt to undermine his claims. The Chamber also began the examination of the first Civil Party to testify in Case 002/02, Ms. Oum Suphany. Her lawyer and the prosecutors questioned the Civil Party on her experiences living and working in a rural Tram Kok District cooperative in Democratic Kampuchea. Through efficient time management, the Chamber heard these testimonies in addition to the previously scheduled hearing of the medical experts, who were called to examine the physical and mental fitness of the Co-Accused to stand trial. This report includes a summary of their findings, as well as legal analysis of objections or submissions raised during this week of proceedings. Lastly, the report summarizes recent changes that the Tribunal announced regarding a ninth revision to its internal rules.

Read the report:

KRT Trial Monitor No. 5 – Hearings on Evidence Week 2  (21-23 January 2015).

EnglishKhmer (Summary) 

This is the 51st 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 26 January 2015.

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.

Episode 51 covers the second week of the new part of the second trial, ‘Case 002/02′ – from Wednesday 21 to Friday 23 January. 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.
Read More…

Posted by: AIJI Trial Monitor | January 23, 2015

Facing Justice Episode 50, 17 Oct 2014-08 Jan 2015

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

This is the 50th 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 19 January 2015.

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.

Episode 50 covers the start of the new part of the second trial – ‘Case 002/02′. 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. Read More…

Posted by: AIJI Trial Monitor | January 19, 2015

KRT Trial Monitor C002/02 – Issue 4 (8-9 January 2015)

On 8 January 2015, the Trial Chamber resumed proceedings in Case 002/02, after two months of adjournment, which had been the result of the Khieu Samphan Defense Team refusing to participate in Case 002/02 trial proceedings while they were still working on the Case 002/01 appellate  briefs. After the 29 December 2014 deadline for Case 002/01 appellate filings passed, the trial resumed. The Court was set to begin hearing witnesses in Case 002/02, and, indeed, the first witness, Mr. Meas Sokha did begin testifying on the 8th , but the Trial Chamber suspended proceedings abruptly that same afternoon when Khieu Samphan fell ill and was hospitalized due to heightened blood pressure and dizziness. A hearing for the following day lasted only four minutes, as the President announced that the Accused would be hospitalized over the weekend. The President scheduled hearings to resume  on 15 January, but Khieu Samphan remained in the hospital longer than expected, so proceedings were again cancelled on the 15th. The Court hopes to resume proceedings on Wednesday, 21 January. During the half day of testimony that the Court heard last week, Mr. Meas Sokha, of Srae Kru village in Tram Kok District, Takeo Province, responded to questions from the Prosecutors concerning his experiences in a children’s unit in Tram Kok cooperatives, as well as his detention alongside 12 members of his family at Kraing Ta Chan Security Center.

Read the report:

KRT Trial Monitor No. 4 – Hearings on Evidence  (8-9 January 2015).

EnglishKhmer (summary)

Posted by: AIJI Trial Monitor | December 2, 2014

KRT Trial Monitor C002/02 – Issue 3 (17 & 24 November 2014)

The ECCC Trial Chamber resumed hearings in Case 002/02 this month with the intention of compelling the Defense counsel for both Nuon Chea and Khieu Samphan to participate in proceedings in the trial following a month of postponement since the 17 October opening hearing. Prior to the Court recess during Cambodia’s Water Festival, the Chamber issued a new Scheduling Order, which reduced the remaining number of hearing days before the end of 2014 from fifteen to ten. In keeping with this updated schedule, and in response to the justifications for the continued absence of the Nuon Chea Defense team from proceedings, the Special Panel assembled by the ECCC’s Judicial Administration Committee also issued a decision on Defense Motions for disqualification of judges. Nuon Chea and his Counsel therefore participated in the 17 November and 24 November hearings, but Khieu Samphan’s Defense Counsel continued to boycott, prompting the Trial Chamber to reassess its plan for the remainder of hearings this year.

Following exchanges with Khieu Samphan in the courtroom on 17 November, and in a 21 November Decision, the Chamber announced that it would name Khieu Samphan’s current attorney as “court-appointed counsel,” in an attempt to prevent Counsel from continuing to follow the instructions of their client regarding the boycott. In doing so, the Court opined that the wider interests of justice and expeditious proceedings outweigh the specific rights of an Accused to Counsel of her or his choice. In response, the lawyers for Khieu Samphan published a press release just before the start of the 24 November hearing, in which they refused to compromise on their demand that hearings in Case 002/02 resume only after the Case 002/01 appellate filing deadline of 29 December 2014. Facing increasingly limited options and with few scheduled trial dates remaining in the calendar year, the Trial Chamber relented and announced an adjournment of trial hearings until 8 January 2015.

Read the report:

KRT Trial Monitor No. 3 – Attempts to Resume Hearing  (17 & 24 November 2014).

EnglishKhmer (summary)

Posted by: AIJI Trial Monitor | November 19, 2014

Call for Applications to AIJI Internship Program

This is an opportunity to join an exciting international program with the Asian International Justice Initiative (AIJI), a joint initiative of the East-West Center and the WSD Handa Center for Human Rights and International Justice at Stanford University.

The position on offer is an unpaid internship with AIJI’s Khmer Rouge Tribunal (KRT) Monitoring and Community Outreach Program. The project primarily involves monitoring and reporting about criminal trial proceedings at the Extraordinary Chambers in the Courts of Cambodia (ECCC). AIJI produces written reports about the proceedings and partners with a local film production company, Khmer Mekong Films (KMF), to produce periodic episodes of a television talk show about the progress of the trials.

The position requires at least three months’ commitment, as well as demonstrated proficiency in spoken and written English. See the attached call for applications for further details on the role and responsibilities, and how to apply.

AIJI Call for Applications – International Interns

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).

EnglishKhmer (Summary)

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).

EnglishKhmer (Summary)

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

Older Posts »

Categories

Follow

Get every new post delivered to your Inbox.