Posted by: AIJI Trial Monitor | June 30, 2015

KRT Trial Monitor C002/02 — Issue 21 (2-5 June 2015)

Over four days of hearings this week, the Trial Chamber heard the testimony of two witnesses and a Civil Party on their knowledge of and experiences at the First January Dam worksite in present-day Kampong Thom Province. Civil Party Seang Sovida discussed her living conditions as an 11-year-old working in a mobile unit at the Dam worksite for three months, and she spoke of her suffering since the loss of her parents and siblings under the DK regime. Witness Uth Seng discussed his experiences working at the site as a teenager, and he provided greater detail into the security arrangements at the Dam. Witness Sou Soeun, a former cadre, discussed her position and that of her husband, former Central Zone Secretary Ke Pauk, in the DK era. The Trial Chamber also dealt with a number of objections concerning the scope of the trial segment, as well as proper questioning practices. It also announced scheduling changes as a result of new evidentiary disclosures coming from Case 003. In addition to covering these topics, this report also notes a number of mistranslations that negatively impacted the Parties and the Witnesses’ understanding of the ongoing proceedings.

KRT Trial Monitor No. 21 – Hearings on Evidence Week 18 (2-5 June 2015)

English — Khmer (Summary)

Posted by: AIJI Trial Monitor | June 12, 2015

KRT Trial Monitor C002/02 — Issue 20 (25-28 May 2015)

The Trial Chamber this week continued to hear testimony regarding the experiences of workers at the First January Dam construction site in Baray District, Kampong Thom Province. One witness and two Civil Parties appeared to testify on their experiences at the Dam. Ms. Meas Layhou, Ms. Hun Sothany, and Ms. Un Ron all spoke about the poor living conditions and burdensome working regimen at the site. They discussed their fear and suffering at the time, and they also provided examples of maltreatment by the Khmer Rouge authorities as they sought out “enemies” of the regime. The Chamber also provided the Parties with the opportunity to make oral arguments on the proper use of evidence obtained under torture. It also announced a ruling on the inclusion of the Khmer Krom as a targeted group in the allegations in Case 002/02. These legal questions, as well as the week’s three testimonies, are summarized and discussed in the following report.

KRT Trial Monitor No. 20 – Hearings on Evidence Week 17 (25-28 May 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | June 9, 2015

Updates on the Appeals of the Case 002/01 Judgment

In recent weeks, the ECCC’s Supreme Court Chamber (SCC) has made a series of announcements regarding the appeals against the Trial Chamber’s Judgment in Case 002/01. Some of its actions have come in response to three requests made by the Nuon Chea Defense Team for the SCC to obtain and consider additional evidence and hear additional witnesses in the appellate proceedings.

On 1 April 2015, the SCC decided to investigate if footage from a movie made by Thet Sambath and Robert Lemkin was available and relevant to the alleged murder of Lon Nol officials at Tuol Po Chrey, events for which the Trial Chamber found the Co-Accused criminally responsible. The SCC assigned two judges (national Judge MONG Monichariya and international Judge Chandra Nihal JAYASINGHE) as delegates to conduct this investigation and work with the Witness unit to contact Mr. Thet and Mr. Lemkin. This decision (F2/4/3) is found here and the redacted transcript of the two Judges’ 18 May 2015 interview of Robert Lemkin (F2/4/3/1) is here.

On 29 May 2015, the SCC decided to call three other witnesses requested by the Nuon Chea Defense to testify in appeal hearings. These witnesses have been given the pseudonyms SCW-3, SCW-4, and SCW-5. The SCC remains seized of Nuon Chea’s request for calling other witnesses, including THET Sambath, Robert LEMKIN, current National Assembly President and CPP President HENG Samrin, current CPP Senator OUK Bunchhoen, and two more pseudonymed witnesses, SCW-1, and SCW-2. The SCC will rule on these witnesses’ appearances at a later date. Read more about the decision (F2/5) and the specific reasons for calling these three Witnesses here.

On 2 June 2015, the SCC ordered the hearing of SCW-3, SCW-4, and SCW-5 to be scheduled for Thursday, 2 July 2015 through Monday 6 July 2015, with Tuesday, 7 July 2015 noted as a reserve day, as proceedings require. The Chamber will also hear the report of the delegate judges who were assigned to investigate the evidence of Thet Sambath and Robert Lemkin. See that order (F24) here and read the Public Affairs Section’s notification about registration and accreditation for public attendance of the first SCC appeal hearings in Case 002/01 here.

The SCC is expected to organize appellate hearings for the Parties to make oral arguments in due course. In the meantime, Judge KONG Srim, the President of the Chamber, today appointed three sets of Co-Rapporteurs among the SCC Judges to focus on specific aspects of the appeals of the two defense teams and the OCP. Read about those appointments in the order (F25) here.

 Annex of Key Documents Related to Appellate Stage of Case 002/01:

Posted by: AIJI Trial Monitor | May 28, 2015

KRT Trial Monitor C002/02 — Issue 19 (18-21 May 2015)

From 18 to 21 May 2015, the Trial Chamber completed the testimony of the last witness to testify in relation to Kraing Ta Chan Security Center (KTC), and it commenced the next segment of the proceedings in Case 002/02.  The next segment, which covers the First January Dam Worksite in present-day Kampong Thom Province, relates to charges of crimes against humanity of enslavement, extermination, murder, and persecution on political and religious grounds, as well as other inhumane acts, through “attacks against human dignity,” enforced disappearances, and forced marriage.  On Monday, Witness Vorng Sarun testified about her arrest and detention at KTC Security Center.  From Tuesday to Thursday, Or Ho and Pech Sokha testified about their personal experiences living and working at the First January Dam Worksite.  After several weeks of heated debate over the use of torture-tainted evidence in the proceedings, the Trial Chamber announced that it would hear oral arguments from all Parties on Monday 25 May, next week, and will subsequently issue a written decision on the matter.

KRT Trial Monitor No. 19 – Hearings on Evidence Week 16 (18-21 May 2015)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 14, 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 7, 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 | April 30, 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)

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