Posted by: AIJI Trial Monitor | December 21, 2016

Time to Speak Out -Episode 1

The first episode in the series was broadcast this past weekend 16-18 December 2016. / ខ្សែភាពយន្តភាគដំបូង ត្រូវបានចាក់ផ្សាយកាលពីចុងសប្តាហ៍មុននៅថ្ងៃទី១៦ ដល់ទី១៨ ខែធ្នូ ឆ្នាំ២០១៦។

The WSD HANDA Center for Human Rights and International Justice at Stanford University, in partnership with East West Center, in collaboration with Khmer Mekong Films, and with the generous support of the British Embassy in Phnom Penh, has created a six-episode mini-series for broadcast on Cambodian television entitled “Time to Speak Out”. The series reports on the topic of forced marriage under the Democratic Kampuchea regime as well as the ongoing trial of Nuon Chea and Khieu Samphan in Case 002/02, presently before the Extraordinary Chambers in the Courts of Cambodia. The six episodes present the varied testimony of witnesses and Civil Parties who have appeared before the Court in Case 002, the input of experts and scholars as they have observed the process, and reportage on contemporary reparations projects related to the segment on the regulation of marriage. The series also discusses broader issues related to sexual violence in conflict as well as sexual violence in contemporary Cambodia.

The six-part television series airs on MyTV on Fridays at 16:30 and Saturdays at 14:00, and on CTN on Sundays at 8:00AM. All films will also be made available online following broadcast.

[Khmer]

មជ្ឈមណ្ឌលដាប់ប៊ែលយូ.អេស.ឌី ហាន់ដា សម្រាប់សិទ្ធិមនុស្ស និងយុត្ដិធម៌អន្តរជាតិ ប្រចាំសាកលវិទ្យាល័យស្តេនហ្វដ (HANDA Center) ជាមួយនឹងមជ្ឈមណ្ឌលបូព៌ា-បស្ចិម (East-West Center) ដោយមានកិច្ចសហប្រតិបត្តិការជាមួយផលិតកម្មខ្មែរមេគង្គ (KMF) និងដោយមានការឧបត្ថម្ភមូលនិធិពីស្ថានទូតចក្រភពអង់គ្លេសប្រចាំរាជធានីភ្នំពេញ បានផលិតនូវខ្សែភាពយន្តភាគខ្លីជាស៊េរីចំនួនប្រាំមួយ ដែលចាក់ផ្សាយលើប៉ុស្តិ៍ទូរទស្សន៍កម្ពុជាមានចំណងជើងថា “ពេលដែលត្រូវនិយាយ”។

ខ្សែភាពយន្តភាគជាស៊េរីនេះ រាយការណ៍ពីប្រធានបទពាក់ព័ន្ធនឹងការរៀបការដោយបង្ខំ ក្រោមរបបកម្ពុជាប្រជាធិបតេយ្យ ក៏ដូចជាកិច្ចដំណើរជំនុំជម្រះដែលកំពុងបន្តនាពេលថ្មីៗនេះ មកលើជនជាប់ចោទលោក នួន ជា និងលោក ខៀវ សំផន ក្នុងសំណុំរឿង០០២ វគ្គ២ នៅចំពោះមុខអង្គជំនុំជម្រះវិសាមញ្ញក្នុងតុលាការកម្ពុជា។ ខ្សែភាពយន្តភាគចំនួនប្រាំមួយនេះ បង្ហាញពីការផ្តល់សក្ខីកម្មនានារបស់សាក្សី និងដើមបណ្ដឹងរដ្ឋប្បវេណី ដែលបានបង្ហាញខ្លួន នៅចំពោះមុខអង្គជំនុំជម្រះក្នុងសំណុំរឿង០០២ សក្ខីកម្មរបស់សាក្សីជំនាញ និងអ្នកសិក្សាស្រាវជ្រាវនានា ដែលពួកគេបានឃ្លាំមើលតាមដានកិច្ចដំណើរការ និងរបាយការណ៍ស្តីពីគម្រោងសំណងនាពេលបច្ចុប្បន្ន ពាក់ព័ន្ធនឹងផ្នែកជំនុំជម្រះស្តីពីការដាក់បទបញ្ជារៀបការ។ ខ្សែភាពយន្តភាគជាស៊េរីនេះ ក៏ពិភាក្សាផងដែរលើបញ្ហាទូទៅ ជុំវិញអំពើហិង្សាផ្លូវភេទក្នុងពេលមានជម្លោះ ក៏ដូចជាអំពើហិង្សាផ្លូវភេទក្នុងប្រទេសកម្ពុជានាពេលបច្ចុប្បន្ននេះ។

ខ្សែភាពយន្តភាគជាស៊េរីទាំងប្រាំមួយ ចាក់ផ្សាយនៅលើប៉ុស្តិ៍ទូរទស្សន៍ MyTV នៅរៀងរាល់ថ្ងៃសុក្រ នៅម៉ោង ៤:៣០នាទី ពេលរសៀល និងនៅថ្ងៃសៅរ៍នៅម៉ោង ២:០០នាទី ពេលរសៀល ហើយនៅលើប៉ុស្តិ៍ទូរទស្សន៍ CTN នៅថ្ងៃអាទិត្យនៅម៉ោង ៨:០០នាទី ពេលព្រឹក។ ខ្សែភាពយន្តភាគទាំងអស់នេះ ក៏នឹងធ្វើការផ្សព្វផ្សាយលើប្រព័ន្ធអ៊ីនធើណេត បន្ទាប់ពីចាក់ផ្សាយលើប៉ុស្តិ៍ទូរទស្សន៍រួចផងដែរ។

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/01 Issue 4 – Appeal Verdict

Case 002/01 came to a close this week with the Supreme Court Chamber (SCC)’s announcement of their verdict on the appeals against the Trial Chamber’s August 2014 verdict.   SCC President Kong Srim read a summary of the verdict, addressing the “most contentious” of the Defense teams’ combined 371 ground of appeal, as well as the appeal from the Office of the Co-Prosecutors (OCP) related to the application of the extended form of Joint Criminal Enterprise, referred to more commonly as JCE III.  Although the SCC overturned some of the Trial Chamber’s decisions, including acquitting the two Accused of responsibility for crimes which took place at Tuol Po Chrey in late April 1975, the SCC ultimately upheld the life sentences for each of the Accused, saying this best reflects the gravity of the crimes with which they have been charged. This report provides some background to this week’s judgment, followed by a summary of the key findings announced by the President on Wednesday.  A longer, more detailed analysis of the judgment will be issued after monitors have had time to read and digest the full 520 page document.

KRT Monitor Case 002/01 – Issue 4 – Final Appeal Verdict – 23 November 2016

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/02 – Issue 74 (21-22 November 2016)

The Trial Chamber sat for only two days this week to hear testimony related to Case 002/02, as on Wednesday the Supreme Court Chamber met to hand down its final verdict in the appeal on Case 002/01. This appeal verdict has been covered in a separate monitoring report.  On Monday and Tuesday, the Chamber heard from one Civil Party and one witness.  Although both were called in relation to the role of the Accused, both testified on a range of other topics including purges and marriage.  The first to testify, Civil Party 2-TCCP-223, did so under a protective pseudonym due to his participation in investigations that are ongoing, however on a number of occasions during questioning, he was asked to identify personal details, undermining this measure.   Second to testify this week was Ms. Touch Sithorn, who did so via video-link from Paris.  The Trial Chamber adjourned on Tuesday afternoon and will resume proceedings next Monday as normal.

KRT Trial Monitor No. 74 – Hearings on Evidence Week 71 (21-22 November 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/02 – Issue 73 (7-11 November 2016)

The Trial Chamber began the week by hearing responses from the OCP and Khieu Samphan Defense to key documents presented last week related to the nature of armed conflict.  Following this, the remainder of 2-TCW-1065’s testimony was heard related to conflict in the East Zone.  Next, the Chamber heard from Civil Party Mr. Sar Sarin, the first to testify on the role of the Accused.  Sar Sarin previously testified as a Civil Party in Case 002/01, however at that time his testimony was cut short after he refused to continue on the grounds that he feared for his personal safety.  This week he did not return on Thursday to conclude his testimony, at first citing health reasons and then not responding to calls from WESU.  Thus, after a day break on Wednesday to mark Cambodian Independence Day, the court heard from the next two witnesses scheduled to testify in this segment: 2-TCW-913, and 2-TCCP-235, however neither appeared to have much knowledge about the role of the Accused.  Previously scheduled to testify this week, 2-TCW-953’s testimony has been delayed until after next week’s one-week break for Water Festival due to the late release of his prior statements.  Proceedings in Case 002/02 will resume on Monday 21 November, ahead of the pending announcement of the Appeal Judgment in Case 002/01 on 23 November.

KRT Trial Monitor No. 73 – Hearings on Evidence Week 70 (7-11 November 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/02 – Issue 72 (31 October – 2 November 2016)

This week the Trial Chamber heard from two witnesses on the nature of armed conflict and also held the presentation of key documents on the same subject.  Witness Mr. Ieng Phan, testified about his knowledge of incursions into Vietnam as well as his knowledge of alleged rebellion plans in the East Zone.  Witness 2-TCW-1065, testifying under a pseudonym due to his role in ongoing investigations, then testified about his role as a military medic in the East Zone and his belief in Sao Phim’s loyalty to the DK regime.  2-TCW-1065 testified that Pol Pot carried out a “coup d’etat” in the East Zone on 25 May 1978, which forced the Witness to join forces with the Vietnamese to fight against the Khmer Rouge.  On Thursday the Office of the Co-Prosecutors (OCP) and Defense Team for Khieu Samphan presented their key documents related to the segment on the nature of armed conflict, including contemporaneous telegrams and meeting minutes as well as academic sources.  Responses to these documents will be heard next Monday.

KRT Trial Monitor No. 72 – Hearings on Evidence Week 69 (31 October – 3 November 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/02 – Issue 71 (24-27 October 2016)

This week the Trial Chamber concluded the segment on the regulation of marriage and began hearing witnesses on the nature of armed conflict.  The final Civil Party, Ms. Preap Sokhoeun concluded her testimony related to marriage and the court then held the fifth set of victim impact hearings. Three Civil Parties gave statements of harm suffered under the regime specifically related to their marriages during the hearings, which concluded on Tuesday. Unlike previous victim impact hearings which took place over two days, the Trial Chamber decided to hold the victim impact hearings related to marriage over one day due to the large proportion of Civil Parties heard on this subject already.   After they concluded, Witness Mr. Chuon Thi, requested by the Khieu Samphan Defense Team, began his one and a half days of testimony related to the nature of armed conflict.  Considerable time as spent at the beginning of Chuon Thi’s testimony trying to establish whether his name needed to be suppressed or not, as he is part of the investigation in Case 003.  Ultimately it was decided he could testify openly.  Finally on Thursday Witness Sao Mang testified about the nature of armed conflict and his own role in Mondulkiri’s Sector 105.

KRT Trial Monitor No. 71 – Hearings on Evidence Week 68 (24-27 October 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | December 16, 2016

KRT Monitor Case 002/02 – Issue 70 (17-20 October 2016)

This week the Trial Chamber began by hearing two witnesses, Mr. Cheal Choeun and 2-TCW-1037, on purges in the Northwest Zone.  In addition to information on purges, 2-TCW-1037 was able to provide testimony on the regulation of marriage and treatment of the ethnic Vietnamese and Cham populations.  On Tuesday afternoon the Court began hearing the Expert Witness for the next segment on the nature of armed conflict.  Australian academic Mr. Stephen Morris testified about what he called “Vietnamese imperial ambitions,” and the “paranoia” and “irrationality” of the Democratic Kampuchea (DK) regime.  On Thursday afternoon Civil Party Preap Sokhoeun began her testimony on the regulation of marriage, telling the court about being forced to marry a man who then raped her.  Like last week, a number of objections were raised about questions pertaining to topics seen as falling outside the scope of Case 002/02.

KRT Trial Monitor No. 70 – Hearings on Evidence Week 67 (17-20 October 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | November 10, 2016

KRT Monitor Case 002/02 – Issue 69 (10-13 October 2016)

This week the Trial Chamber resumed proceedings after a one week break to mark the traditional Pchum Ben holiday, and a further week’s pause due to flooding in the court compound which made it impossible to hold hearings.  From Monday to Wednesday this week, clinical psychologist and medical anthropologist Dr. Peg Levine testified as an expert witness on the regulation of marriage.  The Trial Chamber extended the time allotted to Parties to question the Expert after her testimony sparked an interesting debate in the courtroom around the use of the term “forced” to describe DK marriages.  On Wednesday afternoon, Civil Party Ms. Pen Sochan testified about being raped by her husband in Bakan District, Pursat Province, after events she had previously detailed in the documentary Red Wedding, produced by Lida Chan and Guillaume Suon.  After the conclusion of Pen Sochan’s testimony, Witness Cheal Choeun began to testify about purges in the Northwest Zone. The Nuon Chea Defense had initially requested this Witness, but international counsel attempted to withdraw him from the witness list on Monday this week. The Trial Chamber denied the request, and decided to hear his testimony as scheduled.  Cheal Choeun will conclude his testimony next week.

KRT Trial Monitor No. 69 – Hearings on Evidence Week 66 (10-13 October 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | October 11, 2016

KRT Monitor Case 002/02 – Issue 68 (19-22 September 2016)

This week the Trial Chamber heard from two Civil Parties on the regulation of marriage and two witnesses on internal purges.  On Monday this week, Ms. Sa Lay Hieng testified via video-link from Pailin Province about her experience refusing two marriage proposals and agreeing out of fear to a third proposal during Democratic Kampuchea (DK).  On Tuesday morning, the testimony of Civil Party Ms Mom Vun who began her testimony last week concluded with questions from the Defense teams.  On Tuesday afternoon, proceedings shifted back to the purge segment, with Witness Mr. Sem Am providing evidence about purges within Division 310, including the arrests of Oeun and North Zone Secretary Koy Thuon.  Finally this week the Chamber heard from 2-TCW-1036, who testified under a protective pseudonym, about his work for Northwest Zone Secretary Ruos Nhim and his subsequent arrest in 1977. Parties also debated a number of legal issues this week including the scope of Case 002/02 and the use of torture-tainted evidence.  At the end of the week the Chamber adjourned until Tuesday 4 October to mark the annual Cambodian holiday of Pchum Ben.

KRT Trial Monitor No. 68 – Hearings on Evidence Week 65 (19-22 September 2016)

EnglishKhmer (Summary)

Posted by: AIJI Trial Monitor | October 10, 2016

KRT Monitor Case 002/02 – Issue 67 (13-16 September 2016)

This week the Trial Chamber heard from one expert and one Civil Party on the regulation of marriage and heard one new witness on S-21 Security Center.  First, Ms. Kasumi Nakagawa testified as an expert over the course of two days on the regulation of marriage and sexual and gender-based violence in Cambodia before, during and after the Democratic Kampuchea (DK) period.  On Wednesday, the Trial Chamber returned to the segment on security centers and internal purges and heard testimony of Witness Nim Oem, called by the Nuon Chea Defense. Nim Oem worked as the chief of the photography unit at S-21 and was able to explain the procedure that existed for photographing prisoners.  Finally, Civil Party Mom Vun testified about her experience of being gang-raped prior to an arranged marriage which she was then forced to consummate at gun point. Objections were made this week related to new disclosures of documents from Cases 003 and 004, as well as the proposal by the Trial Chamber to call a new witness in the upcoming segment on the nature of armed conflict.

KRT Trial Monitor No. 67 – Hearings on Evidence Week 64 (13-16 September 2016)

EnglishKhmer (Summary)

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