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Special Report: Ieng Thirith’s Fitness to Stand Trial, December 2012

AIJI is publishing this report as a separate addendum to the regular weekly monitoring
report in order to discuss the 13 November 2012 appeal hearing before the Supreme
Court Chamber (SCC) on Accused Ieng Thirith’s unconditional release from detention.
This report describes and analyzes the Chamber’s decision, released on 14 December
2012, to agree to most parts of the Appeal. In addition, this report’s attention to the
SCC’s 13 November hearing and subsequent decision builds on the detailed summary
and analysis found in the AIJI “Special Report on Ieng Thirith’s Fitness to Stand Trial,”
which was published in November.

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KRT Trial Monitor Issue No. 41 – Hearing on Evidence Week 36 (22-25 October 2012)

Summary of KRT Trial Monitor Issue No. 41 – Hearing on Evidence Week 36 (22-25
October 2012)

This week, the Trial Chamber heard testimonies from three Civil Parties and two
witnesses. The testimonies mainly focused on experiences during the evacuation of
Phnom Penh, as well as the tough conditions immediately following the first evacuation.
The testimonies also touched on the treatment of Lon Nol soldiers and hospital patients
during the first evacuation.

The Chamber heard legal arguments and issued two important rulings this week: First,
the Court ruled that Civil Parties may state the suffering they endured during the entire
Democratic Kampuchea regime, instead of having Civil Parties limit their statements to
those relevant to events covered in Trial One of Case 002. Second, the Chamber ruled
that Parties may not question witnesses based on expert witness analysis, if that expert
has yet to appear before the Court.

41.Week 36.22-25 October (Final)

Special Report: Ieng Thirith’s Fitness to Stand Trial ■ November 2012

Ieng Thirith, alias “Phea,” is one of four Accused in Case 002 at the ECCC. She was
indicted on 10 September 2010 for crimes against humanity, genocide, and grave
breaches of the Geneva Conventions of 1949. However, on 21 February 2011, Ieng
Thirith’s Defense filed for an assessment of the fitness to stand trial of the Accused and
asserted that, “the mental condition of the Accused inhibits the Defense in its ability to
prepare for the forthcoming trial.” On 17 November 2011, after multiple hearings and
expert evaluations, Ieng Thirith was found unfit to stand trial on the basis of a mental
condition. The Trial Chamber severed Ieng Thirith’s case from the others in Case 002 to
avoid delay of the other Defendants’ trial, and ordered her immediate and unconditional
release. The OCP filed an immediate appeal, which was granted by the Supreme Court
Chamber on 13 December 2011. The Supreme Court ordered Ieng Thirith held, treated
for her medical issues, and reassessed in six months to see if she is fit to stand trial.
This reassessment and the related hearings occurred between 27-31 August 2012, with
a final Decision from the Court in favor of indefinite stay of proceedings and provisional
release issued on 13 September. The Prosecutors immediately appealed this decision
on 14 September 2012, on the basis that they believed the Court should retain more
supervision of the indicted person. The Supreme Court Chamber will hear arguments
regarding this appeal on 13 November 2012.

With Ieng Thirith’s case once again coming to the fore of proceedings this month at the
ECCC, AIJI is publishing this Special Report to provide a concise review of the pertinent
legal and procedural issues confronted by the Court thus far in its handling of this

Read the report here:

Special Report- IT FTST_ FINAL

Monitoring Report – Case 002: Issue #39

Summary of KRT Trial Monitor Issue No. 39 – Hearing on Evidence Week 34 (8-10
October 2012)

In honor of the Pchum Ben festival, the Chamber held sessions on only three days this
week. Monday and Tuesday were devoted to continued questioning of the Witness,
Meas Voeun, a soldier and later Deputy Division Commander during the Democratic
Kampuchea. In addition to the sections of the Closing Order relevant to Segment
Three of Case 002/1 that were read out the previous week, on Tuesday afternoon,
the Chamber instructed the Greffier to read out paragraphs pertaining to the Toul Po
Chrey Execution Center. At the end of the week, the Prosecution began to introduce
documents relating to Segment Three.

Throughout the three days of proceedings this week, the Chamber also took time to
address a number of legal and procedural issues that arose, including: (a) the use of
documents obtained by torture, (b) the procedure on the “removal” of statements from
the OCIJ’s written record, (c) questioning without referring to documents or previous
statements, (d) the reliability of written records of OCIJ Interviews, and (e) questions that
tend to lead the Witness. Additionally, Nuon Chea was given the opportunity to speak in
court, in order to address portions of the Closing Order that have been read out by the

Read full report here:

39_Week34_8-10 October 2012

Monitoring Report – Case 002: Issue #38

Summary of KRT Trial Monitor Issue No. 38 – Hearing on Evidence Week 33 (1-4 October 2012)

This week, the Chamber began by hearing the testimony of Khiev En, who was attached to the Ministry of Propaganda and Education. A transition was then made to Segment Three of Case 002/1, with the Chamber devoting time to read out excerpts from the Closing Order relating to military structure and population movement. The Chamber then called former military officer, Meas Voeun, to the stand.

Accused Ieng Sary, having waived his right to be present during the hearing of the testimonies of Khiev En and Meas Voeun, continued to be absent from proceedings throughout week. In light of the health condition of Ieng Sary, on Tuesday afternoon, the Chamber invited oral submissions from Parties on how trial is to proceed at the ECCC. Other issues on trial management arose, with the Chamber exerting considerable effort to ensure that the proceedings were expeditious and smooth, while the Nuon Chea Defense sought to protect the rights of their client with equal dedication.

This issue of KRT TRIAL MONITOR was authored by Faith Suzzette Delos Reyes, Daniel Mattes, Hava Mirell, Noyel Ry, and Penelope Van Tuyl, as part of AIJI’s KRT Trial Monitoring and Community Outreach Program.

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Monitoring Report – Case 002: Issue #37

Summary of KRT Trial Monitor Issue No. 37 – Hearing on Evidence Week 32 (25 September 2012)

The Trial Chamber continued to grapple with adjustments to the schedule due to Ieng Sary’s continued ill health and his limited waiver. As a result, only one witness, Ms. Noem Sem (TCW-475), was available to testify this week. A singer and news reader for the Ministry of Information and Propaganda, Noem Sem testified on her role in the party, the administrative structure of her Ministry, Office 870, and the different K offices during Democratic Kampuchea. She concluded her testimony in one day and the Trial Chamber declared a recess for the week. Trial is set to resume on Monday, 1 October 2012.

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Monitoring Report – Case 002: Issue #36

Hearing on Evidence Week 31

Week Ending 20-21 September 2012

Since Accused, Ieng Sary, remained confined in the Khmer-Soviet Friendship Hospital, the Court held sessions on only two days this week. Chea Say (TCW-91), an automotive repair mechanic during the Democratic Kampuchea, testified before the Chamber on Thursday, upon waiver by Ieng Sary of his right to be present at the hearing.1

On Friday morning, Dr. Lim Sivutha and Professor Ky Bousour, Ieng Sary’s physicians, testified about the state of health of the Accused. In light of Ieng Sary’s current health condition and its effect on his right as an accused to be present during trial, the Chamber dedicated Friday afternoon to hearing the positions of Parties in regards to the scheduled hearing of Expert Witness Philip Short.


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Monitoring Report – Case 002: Issue #35

Hearing on Evidence Week 35

Week Ending 3-6 September 2012

This week’s proceedings focused on the testimony of Mr. Norng Sophang, the head of a telegram unit, who taught encryption techniques under the CPK. His testimony provided insight into the complex communication system in Democratic Kampuchea and shed light on the roles of the Accused.
Legal and procedural issues also figured prominently, as the Defense Teams challenged the manner by which the OCIJ conducted investigations.

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Monitoring Report – Case 002: Issue #34

Hearing on Evidence Week 29

Week Ending 27-29 August 2012

Mr. Em Oeun, the third Civil Party to testify in this case, continued his testimony this week. The Defense Teams probed seeming inconsistencies in his testimony, such as the dates and chronology of events he recounted. They also asked about aspects of his medical training background, in light of testimony that was apparently inconsistent with information he had provided on his Victim Information Form. At the end of his testimony, he reasserted the truth of his statements, and pleaded for understanding for his confusion. The Trial Chamber then called in a new witness, Mr. Norng Sophang, the head of a telegram translation unit in Phnom Penh during DK. He provided an interesting account of the highly-secretive communications process between lower levels and the KR leaders, as well as the administrative structure of the telecommunications sector at that time.
The hearing on evidence for Case 002/01 adjourned on Wednesday to give way to the fitness to stand trial hearing of Ieng Thirith on 30 and 31 August 2012.


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Monitoring Report – Case 002: Issue #33

Hearing on Evidence Week 28

Week Ending 20-23 August 2012

With the sustained efforts of the Chamber to conduct proceedings expeditiously, four testimonies were heard throughout the week. Mr. Suong Sikoeun, a high-ranking cadre from the Ministry of Foreign Affairs (MFA), and Ms. Sa Siek, an artist attached to the Ministry of Propaganda and Education, concluded their respective testimonies from the previous week. A new witness, Mr. Kim Vun, testified about his experience as a child worker at the party’s printing house, and later, as a photographer and writer in the Ministry of Propaganda and Education. Kim Vun completed his testimony in two trial days, giving time for the Chamber to begin hearing the testimony of Civil Party Mr. Em Oeun, who practiced medicine during the DK. He testified about medical practices during the DK and the policies that were implemented during the period.


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KRT Trial Monitor

The AIJI monitoring program, a joint initiative of the East-West Center and the WSD HANDA Center for

This week, the Trial Chamber reconvened after two weeks of adjournment for both the Pchum Ben holida

This week, the Trial Chamber heard the testimony of Witness Ban Siek over the course of two days. Al

This week, the Trial Chamber resumed hearing testimony on the treatment of the ethnic Cham minority

The Trial Chamber continued with the new trial segment on the treatment of the Cham minority this we