Posted by: AIJI Trial Monitor | July 21, 2016

KRT Monitor Case 002/02 – Issue 59 (27-30 June 2016)

This week the Trial Chamber concluded hearing Witness Kaing Guek Eav, alias Duch, who has appeared over the course of four weeks.  Duch finished testifying on Monday morning, facing final questions from the Defense Team for Nuon Chea on blood-drawing and medical experiments at S-21 Security Center.  Before moving on to begin the next sub-section of the trial on internal purges, the Trial Chamber then heard oral responses to a request from the Defense Team for Khieu Samphan for clarification over the scope of the upcoming segment, and whether a scheduled Civil Party would testify to facts that were within the scope of that segment. The Trial Chamber adjourned early on Monday to deliberate, and reconvened on Tuesday by which time they had agreed to hear the concerned Civil Party, Chhun Samorn.  Chhun Samorn was a combatant in Sector 23 in the East Zone during the purges in that region.  On Wednesday and Thursday Witness Meas Soeurn testified; he is the son of the former Deputy Chief of the East Zone who disappeared shortly before the end of the Democratic Kampuchea (DK) regime.  All Parties were granted additional time to question Meas Soeurn as he was the only witness scheduled to testify on the East Zone purges.

KRT Trial Monitor No. 59 – Hearings on Evidence Week 56 (27-30 June 2016)

English – Khmer (Summary)

Posted by: AIJI Trial Monitor | June 30, 2016

KRT Monitor Case 002/02 – Issue 58 (20-23 June 2016)

This week Kaing Guek Eav, alias Duch, began his third week of testimony before the Trial Chamber as a witness in Case 002/02.  After one and a half weeks of questioning from the OCP, LCLCP and the Bench, this week the Witness was questioned exclusively by the Defense Teams, whose questioning will conclude next Monday morning.  This week Duch continued to testify about the workings of S-21 Security Center in Phnom Penh, and more particularly about alleged plots to overthrow the government of Democratic Kampuchea (DK) from within.  In contrast to his demeanor in previous weeks, this week Duch appeared more confrontational in his responses to both international Defense Counsels, and on a number of occasions refused to acknowledge prior evidence or testimony presented to him.  The Trial Chamber also continued to face ongoing difficulty distinguishing between the information Duch was aware of during DK, and that which he has learned since that time, as he has studied the existing case files extensively.

KRT Trial Monitor No. 58 – Hearings on Evidence Week 55 (20-23 June 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | June 30, 2016

KRT Monitor Case 002/02 – Issue 57 (13-16 June 2016)

This week the Trial Chamber continued to hear from Kaing Guek Eav, more commonly known by his revolutionary alias “Duch,“ as a Witness in the segment on S-21 in Case 002/02.  Duch began his testimony last week and will continue until the end of next week.  The Witness was questioned by the OCP, CPLCL and Judges about a range of topics including internal purges, treatment of the Cham minority, ethnic Vietnamese and former Lon Nol officials, as well as interrogations and torture.  At the end of the day on Thursday Defense Counsel for Nuon Chea began to question the Witness, whose demeanor changed significantly, becoming much less cooperative.  The issue of torture-tainted evidence plagued proceedings once again this week, however on this occasion, it was the Judges and the OCP, rather than Defense Counsel, who were prevented from using documents.  At the end of the week, the Civil Party Lead Co-Lawyers presented their proposals for reparations projects to be undertaken should either of the Accused be found guilty of any of the charges against them in Case 002/02.  Duch will continue his testimony over the full four days of hearings next week, questioned by both Defense Teams.  In addition to the testimony of Duch, which was heard live throughout the week, this report also details the testimony of two other witnesses: Ms. You Vann and Ms. Prak Yut, who testified in January 2016.  The two female cadres from the Southwest Zone testified in closed sessions during the segment on the treatment of the ethnic Cham. The Court released redacted transcripts of their testimony this week, so we are including coverage of those witnesses in this week’s report.

KRT Trial Monitor No. 57 – Hearings on Evidence Week 54 (13-16 June 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | June 16, 2016

KRT Monitor Case 002/02 – Issue 56 (6-9 June 2016)

This week the Trial Chamber heard from the final two witnesses on S-21 Security Center in Phnom Penh.  First, Mr. Suos Thy concluded his testimony from last week about his role keeping lists of prisoners at S-21.  Shortly before the lunch break on Tuesday, Suos Thy’s testimony ended and the Chamber swore in Witness Mr. Kaing Guek Eav, more commonly known by his revolutionary alias “Duch.”  Duch served as both deputy and then head of S-21 (also referred to as Tuol Sleng) during the Democratic Kampuchea (DK) regime, and was tried and convicted in Case 001 of crimes against humanity and grave breaches of the Geneva Conventions.  While serving a lifetime prison sentence, Duch appeared in Court this week to provide testimony in Case 002/01 on his knowledge of Communist Party of Kampuchea (CPK) hierarchy, policies and actions.  Duch is scheduled to testify over nine full days: four allotted to the Co-Prosecutors and Civil Party lawyers, four to the two Defense Teams and one for the Judges.  This week the Co-Prosecutors, led by assistant prosecutor Mr. Dale Lysak, and international Lead Co-Lawyer for Civil Parties Ms. Marie Guiraud, put questions to Duch on Nuon Chea’s role at S-21, treatment of Lon Nol soldiers, sexual violence, and other forms of torture.  Duch will continue his testimony next week.

KRT Trial Monitor No. 56 – Hearings on Evidence Week 53 (6-9 June 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | June 16, 2016

KRT Monitor Case 002/02 – Issue 55 (2-3 June 2016)

This week the Trial Chamber reconvened on Thursday after a one and a half week recess.  Over the course of two days the Chamber heard testimony from Witness Mr. Suos Thy, who previously testified in Case 001 about his role working at S-21 during the Democratic Kampuchea (DK) period.  Suos Thy testified to being in charge of maintaining lists of prisoners entering and leaving S-21 Security Center, under the command of Ta Hor who answered to Kaing Guek Eav, alias Duch.  Suos Thy will conclude his testimony early next week, after which Duch will appear to give evidence over nine days about his role as the head of S-21.

KRT Trial Monitor No. 55 – Hearings on Evidence Week 52 (2-3 June 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 30, 2016

KRT Monitor Case 002/02 – Issue 54 (23 May 2016)

The Trial Chamber reconvened briefly on Monday this week after a fortnight’s break for the King’s Birthday holiday and a week-long adjournment to allow parties more time to prepare for upcoming witnesses.  Although Witness 2-TCW-816 was originally scheduled to testify on Monday, no witnesses were heard this week at all following the Trial Chamber’s decision to adjourn the proceedings until 2 June 2016.  The decision was made in response to the Nuon Chea’s request to reconsider his written request for a four-week adjournment to allow his team additional time to prepare for the examination of the remaining S-21 witnesses.  During the morning session on Monday the Chamber also considered a request by the Co-Prosecutors to admit new documents into evidence in Case 002/02.  When hearings resume on Thursday 2 June 2016, the Trial Chamber will hear from Witness 2-TCW-816 over three days, followed by Kaing Guek Eav, alias Duch, over nine days.

KRT Trial Monitor No. 54 – Hearings on Evidence Week 51 (23 May 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 13, 2016

KRT Monitor Case 002/02 – Issue 53 (2-5 May 2016)

This week the Trial Chamber continued hearing witnesses on the trial segment relevant to the S-21 Security Center.  Prak Khan was the first witness to appear this week, and concluded testimony he commenced last week about his role first as a guard and interrogator at S-21.  Next, Witness Mak Thim testified about his time as a teenage medic at S-21.  He described prison conditions, the medical treatment available and the treatment of female prisoners. Witness Him Huy was the last witness to appear and provided testimony about his role at S-21 and Choeung Ek.  Him Huy has been identified by other witnesses in Case 002/02 as a senior guard at S-21, although this week denied he held a position of significant responsibility.  Testimony from all three of this weeks’ witnesses featured in Case 001, and all three appeared with the assistance of duty counsel.  In addition to hearing testimony from three witnesses, the Trial Chamber also dealt with a request for an adjournment of proceedings ahead of the final two witnesses in the S-21 segment, and legal issues related to torture-tainted evidence and a Witness’s right against self-incrimination.

KRT Trial Monitor No. 53 – Hearings on Evidence Week 50 (2-5 May 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 13, 2016

KRT Trial Monitor Case 002/02 – Issue 52 (25-28 April 2016)

This week the Trial Chamber continued to hear testimony from those who worked at the S-21 Security Center in Phnom Penh during the Democratic Kampuchea (DK) regime.  First, Witness Toy Teng, whose appearance and voice was distorted under protective measures, completed his testimony from last week about his work as a guard at S-21 and Choeung Ek.  Witness Lach Mean provided testimony about his role as an interrogator at S-21, and finally Witness Prak Khan testified about interrogations and torture he took part in while working at S-21.  On Wednesday morning Nuon Chea broke his silence to provide testimony about Vietnamese expansionism during the DK period; the first time he has broken his silence other than to question Expert Witnesses.  This week the Trial Chamber also dealt with the issue of evidence obtained under torture and also discussed the legal definition of torture and translation issues.

KRT Trial Monitor No. 52 – Hearings on Evidence Week 49 (25-28 April 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | May 5, 2016

KRT Trial Monitor Case 002/02 – Issue 51 (18-21 April 2016)

After a one week recess to mark Khmer New Year, the Trial Chamber reconvened this week to hear testimony on S-21 Security Center for the first time in Case 002/02.  S-21, also known as Tuol Sleng, was the main crime site in Case 001, the trial of Kaing Guek Eav alias Duch, who was the prison’s chairman during the Democratic Kampuchea (DK) regime and whom the Trial Chamber found guilty of crimes against humanity and grave breaches of the 1949 Geneva Conventions on 26 July 2010.  First to testify this week was Civil Party Chum Mey, who testified to being one of only seven people to survive detention at Tuol Sleng.  Chum Mey spoke in depth about the suffering he endured at the Security Center and in the years since.  Next, Witness Nhém Em testified to working as a photographer at S-21 while he was a teenager.  He described meeting and photographing a number of important members of the Communist Party of Kampuchea (CPK) and travelling around the country to photograph dams and worksites.  The third person to testify this week was Toy Teng, a former guard at Choeung Ek, an execution site 15 kilometers outside of Phnom Penh.  Toy Teng testified under protective measures which altered his physical appearance and voice.  This week, the Trial Chamber addressed a number of legal and procedural issues, including the use of confessions during questioning and a possible conflict of interest facing Khieu Samphan’s national counsel. Kong Sam Onn.

KRT Trial Monitor No. 51 – Hearings on Evidence Week 48 (18-21 April 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | April 19, 2016

KRT Trial Monitor Case 002/02 – Issue 50 (4-7 April 2016)

This week hearings were repeatedly delayed due to the consistent refusal of Witness Sos Kamry, the chairman of the Highest Council for Islamic Religious Affairs, to testify before the Trial Chamber.  On Monday and Tuesday mornings the President announced that this Witness had refused to come to the court and the judicial police were requested to bring him in against his will.  Documents subsequently published on the court website reveal that this witness has refused to appear since September 2015.  Sos Kamry finally testified on Wednesday 6 April, covering topics on the treatment of the Cham, purges and the reason for his reluctance to appear.  The Defense for Nuon Chea objected to the Witness’s decision to take a non-religious affirmation rather than an Islamic oath prior to testifying and repeatedly referred to his testimony as “unsworn evidence.”  On Thursday, the Phan Van appeared via video link as the final witness to testify on the Phnom Kraol Security Center.  Phan Van is the son of former Sector 105 Leader Ta Ham, alias Laing, and previously testified in 2012 in Case 002/01.

KRT Trial Monitor No. 50 – Hearings on Evidence Week 47 (4-7 April 2016)

EnglishKhmer (Summary)

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