After a short break for the Khmer New Year, trial resumed on 18 April with Nuon Chea momentarily breaking his silence to read a statement in response to the testimony of Kaing Guek Eav alias “Duch.” In Nuon Chea’s statement, he accused Duch of lying, and categorically denied that he was the latter’s superior during the DK regime. At the end of his statement, he expressed that he would not answer questions. Despite objections from the OCP and the CPLCL, who demanded that Nuon Chea answer their queries, the Trial Chamber acknowledged the primacy of the right of the Accused to remain silent as prescribed under Article 35 new (g) of the ECCC Law. However, the Trial Chamber ruled that it may take Nuon Chea’s selective exercise of this right into consideration when determining the evidentiary weight of his testimony.
Read the report:
KRT Trial Monitor Issue No. 19 – Hearing on Evidence Week 14 (18-20 April 2012) corresponds with Facing Justice Episode 16
English – Khmer
Posted in Case 002/01, Case 002/01 | Tags: 18-20 April 2012, AIJI, Andrew Ianuzzi, Ang Udom, Barnabe Nekuie, Brother Number 2 bodyguard, closed session, CPK, CPLCL, Dale Lysak, Demeanor and credibility of the witness, East West Center, ECCC, ECCC Internal Rules, Elizabeth Simonneau-Fort, former Khmer Rouge guard, Genocide in Cambodia, Hearing on Evidence week 14, ICC Statute, Ieng Sary, in camera session, Jasper Pauw, Khieu Samphan, Khmer Rouge Youth League, KMF, Kounila Keo, KRT Trial Monitor Issue No. 19, Limitation of oral submissions in open court, Mary Kristerie A. Baleva, messenger between Nuon Chea and Duch, negative inference, Nuon Chea, Office B-20, Office K-1, Penelope Van Tuyl, Pich Ang, Pol Pot, Princess B. Principe, Princess Principe, repetitive questions, right against self-incrimination, Sao Phim, Saut Toeung, selective exercise of right of to remain silent, self-incrimination, Son Arun, Sovanna Sek, Susan Lamb, Ta Mok, the Revolutionary Flag, the right of accused to remain silent, Trial Management, UC Berkeley War Crimes Studies Center, Vidjia Phun, witness Saut Toeung