KRT Trial Monitor

KRT Trial Monitor C002 – Issue 55 (25 & 29 March 2013)

AIJI Trial Monitor — Sun, 07 Apr 2013 14:59:01 +0000

On 25 March, in the first hearing after Ieng Sary passed away on 14 March 2013 and the subsequent termination of the proceedings against him, the Trial Chamber heard the joint testimony of two court-appointed medical experts regarding the medical assessment of Nuon Chea. Once the testimony concluded, the Parties gave final remarks on the medical experts’ findings. The Chamber also provided the Parties with an opportunity to present comments about the severance of Case 002. The Parties’ positions on this matter were similar to their presentations in the week of 18 February 2013. The Chamber adjourned until Friday, 29 March, when the President announced two oral decisions—one finding Nuon Chea fit to stand trial, and the other describing the new severance order.

Read the report:

KRT Trial Monitor Issue No. 55 – Hearing on Evidence Week 50 (25 & 29 March 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 54 (4 March 2013)

AIJI Trial Monitor — Wed, 20 Mar 2013 05:39:39 +0000

In an unexpected turn of events, during what was scheduled to be the weeklong hearing of Expert Witness Philip Short, the staff of the ECCC’s Interpretation and Translation Unit (ITU) announced a work boycott. They explained that they would not provide interpretation until they are paid salaries for the months of December 2012, January 2013, and February 2013. After an hour-long recess, the translators ultimately agreed to offer their services for 20 minutes, during which time the Trial Chamber discussed the health of the Accused Nuon Chea and Ieng Sary.

Read the report:

KRT Trial Monitor Issue No. 54 – Hearing on Evidence Week 49 (4 March 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 53 (18-21 February 2013)

AIJI Trial Monitor — Sun, 10 Mar 2013 05:02:16 +0000

On 8 February 2013, the Supreme Court Chamber (SCC) rendered a decision declaring the Severance of Case 002 invalid. To comply with the SCC decision, and to guide the Trial Chamber in formulating a decision on how to further proceed in Case 002, the Trial Chamber devoted this week to hearing the Parties’ responses to the questions it posted in Memoranda dated 12 February and 19 February.

Read the report:

KRT Trial Monitor Issue No. 53 – Hearing on Evidence Week 48 (18-21 February 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 51 (28-31 January 2013)

AIJI Trial Monitor — Sat, 23 Feb 2013 03:40:42 +0000

From Monday until Tuesday, the Chamber heard American photojournalist Al Rockoff testify on his experiences in Phnom Penh before and during the fall of the city in April 1975. In the two days following Rockoff’s testimony, the Prosecution presented key documents relevant to the respective roles of Ieng Sary and Khieu Samphan.

Legal and procedural issues raised this week included the use of testimonies of deceased persons, timely circulation of the list of documents to be presented, and the health condition of Accused Nuon Chea and Khieu Samphan. Despite these concerns, Al Rockoff completed his testimony and the OCP presented documents expeditiously.

Read the report:

KRT Trial Monitor Issue No. 51 – Hearing on Evidence Week 46 (28-31 January 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 50 (21-24 January 2013)

AIJI Trial Monitor — Sun, 17 Feb 2013 09:48:42 +0000

Following an unexpected break in the previous week, due to the sudden hospitalization of Nuon Chea and Khieu Samphan, proceedings resumed this week in accordance with the revised schedule determined by the Trial Chamber. President Nil Nonn explained that, due to the Chamber’s inability to hear oral testimony, the hearing of the documents originally scheduled for 18 February 2013, would take place during the week of 21 January 2013. The OCP and Civil Parties presented documents related to military structures, the first and second phases of forced evacuation, and Tuol Po Chrey execution site. The Defense had multiple opportunities to submit responses to the documents presented by the OCP and Civil Parties. Another issue raised this week concerned the ongoing matter of Ieng Sary’s health and fitness.

Read the report:

KRT Trial Monitor Issue No. 50 – Hearing on Evidence Week 45 (21-24 January 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 49 (14 January 2013)

AIJI Trial Monitor — Thu, 07 Feb 2013 10:00:20 +0000

On Sunday, the 13th of January, Accused Nuon Chea was admitted to the hospital for severe bronchitis. Thus, the Trial Chamber convened only briefly on the 14th of January before adjourning to give Nuon Chea’s Defense Team a chance to consult with the Accused as to whether or not he waives his right to be present. Later in the week, Khieu Samphan was also taken to the hospital. Taking into consideration the right of the Accused to be present during trial, these events led the Chamber to make adjustments on how trial is to proceed in the following week.

Read the report:

KRT Trial Monitor Issue No. Issue 49 – Hearing on Evidence Week 44 (14 January 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 48 (8-11 January 2013)

AIJI Trial Monitor — Fri, 01 Feb 2013 10:17:45 +0000

In the first week of trial proceedings in 2013, the Chamber heard the testimony of three witnesses, Sa Vi, Ung Ren, and Chhaom Se. All three witnesses were Khmer Rouge soldiers, and each discussed his experiences prior to and during the fall of Phnom Penh in April 1975. They also described their assignments during the period of Democratic Kampuchea: Sa Vi worked as a guard at K-1, the permanent residence of Pol Pot, while Ung Ren and Chhaom Se were both deployed to the country’s Northeast as soldiers within Division 801, where the latter worked as the director of Au Kanseng Security Center.

Few objections were raised during the questioning of the witnesses. Legal and procedural issues this week concerned the Prosecution’s use of questions outside the scope of Case 002/01 and the standards of OCIJ’s investigations, especially with regard to the interviews of Witness Ung Ren. The Trial Chamber also annouced that it would defer summoning TCCP-94, after it was revealed that the Civil Party did not have any personal knowledge on the evacuation of Phnom Penh.

Read the report:

KRT Trial Monitor Issue No. Issue 48 – Hearing on Evidence Week 43 (8-11 January 2013).

English - Khmer

KRT Trial Monitor C002 – Issue 47 (17 December 2012)

AIJI Trial Monitor — Tue, 22 Jan 2013 09:35:40 +0000

This week, the Chamber held sessions only on Monday morning. Parties continued the examination of Morse code operator Suon Kanil on his work and observations relating to evacuations during the DK period, without engaging in lengthy discussions on legal and procedural issues. The Chamber adjourned after Suon Kanil concluded his testimony, because the reserve witness was hospitalized after getting involved in a vehicular accident. Although the President informed the Parties and the public that the Court would issue a notice when it found an available witness or Civil Party to testify, no such announcement was made and no hearing was held after Monday.

Read the report:

KRT Trial Monitor Issue No. Issue 47 – Hearing on Evidence Week 42 (17 December 2012).

English - Khmer

KRT Trial Monitor C002 – Issue 46 (11-14 December 2012)

AIJI Trial Monitor — Tue, 15 Jan 2013 10:01:24 +0000

This week, the Court finished hearing the testimony of Mr. Hun Chhunly and heard the complete testimonies of Witness Phan Van and Civil Party Denise Affonço. The Court also began hearing the testimony of Mr. Suon Kanil on Friday, who will resume his testimony next week. The examination of Witnesses Phan Van and Suon Kanil, who both served as telegram decoders in the DK period, offered a glimpse into the communication structures of the regime, especially telegram communication. The Civil Party offered a captivating and at times heart-wrenching description of her experience under the Khmer Rouge, especially during the first and second phases of evacuation.

This week was also filled with unprecedented courtroom drama. First, international counsel for Nuon Chea, Mr. Andrew Ianuzzi, objected to Judge Jean-Marc Lavergne’s questions to the Witness Phan Van, prompting a ruling that counsel may not object to questions posed by members of the bench. In what became the defining moment of this week’s proceedings, Ianuzzi was expelled and escorted from the courtroom for repeatedly ignoring the Trial Chamber’s warnings about his conduct throughout his examination of Phan Van. This was the first and only time since the ECCC began operating that a lawyer was physically removed from the courtroom.

Read the report:

KRT Trial Monitor Issue No. Issue 46 – Hearing on Evidence Week 41 (11-14 December 2012).

English - Khmer

KRT Trial Monitor C002 – Issue 45 (4-7 December 2012)

AIJI Trial Monitor — Sat, 12 Jan 2013 09:50:57 +0000

This week, the Trial Chamber heard the testimonies of three Civil Parties and one witness. Civil Parties Toeng Sokha, Pech Srey Phal, and Kim Vanndy were all in Phnom Penh at the time the Khmer Rouge took over the city. Thus, they testified on the situation in the city before, during, and immediately after the victory of the Khmer Rouge. All Civil Parties had been evacuated from the city, and they detailed the suffering they endured from this experience. Witness Hun Chhunly, on the other hand, lived in Battambang Province at the time of the Khmer Rouge victory. He related some of his observations about the transfer of people to his province. The Witness, a medical practitioner, gave more detailed testimony about the situation in the provincial hospitals, including the conditions of medical personnel and patients.

Significant legal and procedural issues, particularly relating to Accused Ieng Sary’s effective participation in the proceedings, the manner of putting questions during examination, the appropriate role of counsel, and proper judicial conduct, were also raised this week.

Read the report:

KRT Trial Monitor Issue No. Issue 45 – Hearing on Evidence Week 40 (4-7 December 2012).

English - Khmer