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.
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KRT Trial Monitor Issue No. 19 – Hearing on Evidence Week 14 (18-20 April 2012) corresponds with Facing Justice Episode 16