Posted by: AIJI Trial Monitor | May 24, 2015

KRT Trial Monitor C002/02 – Issue 18 (4-8 May 2015)

From 4 to 8 May 2015, the Trial Chamber effectively completed the testimonies of two witnesses via video link to Battambang province, as they were unable to travel to the ECCC due to their advanced age and health conditions. For the third week in a row, Nuon Chea’s Defense Counsel again sought to use the torture-tainted confession of a DK cadre during witness examination, despite having been repeatedly rebuffed by the Chamber on previous such attempts. This prompted the Co-Prosecutor to request oral hearings before the Trial Chamber on this matter. The first witness heard this week, Ms. Khoem Boeun, alias Yeay Boeun, was the DK chief of Cheang Tong Commune, in Tram Kak District, and other witnesses have identified her as the final chief of the District before the fall of the regime in 1979. Her testimony covered her knowledge of Tram Kak administrative structure, DK policies to “clean up enemies” and regulate marriage, and her oversight of living and work conditions. The second witness, Mr. Aek Hoeun, was a former cadre who worked at the District office in Tram Kak. He detailed his knowledge of DK administrative structures in Tram Kak as well as arrests and executions, which he testified were overseen by the District. He also spoke about the people’s living conditions, forced marriage, and the targeting of former Lon Nol soldiers and ethnic Vietnamese people.

KRT Trial Monitor No. 18 – Hearings on Evidence Week 15 (4-8 May 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 23, 2015

KRT Trial Monitor C002/02 – Issue 17 (27-30 April 2015)

As the first segment of the trial in Case 002/02 nears its end, the Trial Chamber held documentary hearings on evidence concerning Tram Kak District cooperatives and Kraing Ta Chan Security Center. The Chamber assigned a total of two days to all of the Parties to present key documents within this scope, and it provided a third day for the Parties to make official comments on the other presentations. The OCP provided documents on the living and working conditions in rural cooperatives, the arrests and interrogations in Tram Kak District, the treatment of targeted groups there, and the DK authority structures. The Civil Party lawyers used the occasion to read out five applications from Civil Parties who would not have the opportunity to testify themselves. The Nuon Chea Defense used documents to illustrate arguments that the Khmer Rouge used re-education rather than punishment, that there were in fact no distinctions between ethnic or socioeconomic groups, and that interrogation and torture were used relatively rarely. Khieu Samphan’s Defense team was interrupted as the presentation went beyond the scope of the first trial segment. Those events, as well as a renewed debate over the use of torture-tainted evidence, constitute the primary legal and procedural issues to arise in the courtroom this week, as described herein.

KRT Trial Monitor No. 17 – Hearings on Evidence Week 14 (27-30 April 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 21, 2015

KRT Trial Monitor C002/02 – Issue 16 (21-24 April 2015)

After returning from a judicial recess for Khmer New Year, the Trial Chamber resumed its proceedings in Case 002/02 this week with the second appearance of a Civil Party, as well as that of a witness who first testified before the Court during Case 002/01. Civil Party Thann Thim, who had initially appeared at the 2 April victim impact hearing, testified on the living conditions in Tram Kak District cooperatives, including details of the discrimination directed at ‘17 April people’. He also detailed his experiences of arrest and detention at Ang Roka prison in 1978. Witness Pech Chim, alias ‘Ta Chim’, who testified before the Trial Chamber in Case 002/01, reappeared to testify in this trial over the course of four days. The Witness was chief of Tram Kak District for approximately six months between 1976 and 1977, and his testimony touched on a number of topics, including DK administration, the formation of cooperatives, the repatriation of ethnic Vietnamese, the defrocking of Buddhist monks, the regulation of marriage, and the purges of Khmer Rouge cadres in the Central Zone after 1977. This report also covers the Trial Chamber’s management of proceedings as well as legal issues raised by the Parties during the examinations of Thann Thim and Pech Chim.

KRT Trial Monitor No. 16 – Hearings on Evidence Week 13 (21-24 April 2015)

EnglishKhmer (Summary)

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)

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