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This video is a special episode of “Facing Justice”, a weekly television series about Case 002 produced by the WCSC in collaboration with the East-West Center. It presents a recap of Case 002 from its inception in November 2011 through May 2012.
Hearing on Evidence Week 17
Week Ending 17 May 2012
After more than a week’s break, the Trial Chamber continued to hear the testimony of Witness Mr. Pean Khean on 17 May 2012. International Co-Prosecutor, Mr. Tarik Abdulhak, wrapped-up the OCP’s examination and was followed by CPLCL, Ms. Elisabeth Simmoneau-Fort and Mr. Pich Ang. Thereafter, the Nuon Chea, Ieng Sary, and Khieu Samphan Defense Teams examined the Witness. Today’s proceedings marked the conclusion of the Witness’ three-day examination.
Hearing on Evidence Week 16
Week Ending May 3, 2012
This week, it was the Defense Teams’ turn to question Mr. Saloth Ban, Pol Pot’s nephew, who served as Secretary General of the Ministry of Foreign Affairs (MFA) during the DK Regime. Saloth Ban was quite responsive to the Defense Counsels’ questions, all the while maintaining that Pol Pot was merely one of the “needles in the ocean,” which meant that Pol Pot did not make decisions on his own. Saloth Ban also explained about the concept “democratic centralism,” and gave insight into the Communist Party of Indochina and Angkar. He provided information on the roles of two senior Khmer Rouge officials, Chhim Sam Aok alias “Comrade Pang,” and a certain Cheam who worked at the MFA. Upon the conclusion of Saloth Ban’s testimony, another insider witness and former aide of Koy Thuon, Mr. Pean Khean, was called to the stand. The OCP, led by Mr. Tarik Abdulhak and Mr. Vincent de Wilde d’Estmael, examined the Witness on the administrative and communication structures of his security unit and the roles of the three Accused. Pean Khean, a member of the ethnic minority known as “Kavet,” described his experience as a security guard, messenger and food procurer in the CPK. The Witness recounted what he knew of the roles and functions of K-1 and K-3. His proximity to the Khmer Rouge’s Minister of Commerce Koy Thuon alias “Thuch” and high-level cadre Pang allowed him to shed some light on the regime’s structure.
Hearing on Evidence Week 14
Week Ending April 20, 2012
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.
Hearing on Evidence Week 11 – Examination of Kaing Guek Eav
Week Ending March 29, 2012
This week, the Co-Prosecutors proceeded with the examination of Kaing Guek Eav, alias “Duch,” on the administrative and communication structures of the CPK and the DK regime, as well as the roles of the three Accused. Duch was the chairperson of S-21, a security center where over 12,200 persons were imprisoned, tortured and executed. He was the first to have been charged before the ECCC, and was found guilty of crimes against humanity and war crimes. On appeal, the Supreme Court Chamber sentenced him to life imprisonment.
Hearing on Evidence Week 10 – Reception of Testimonial Evidence
Week Ending March 22, 2012
This week marked the beginning of reception of testimonial evidence on the administrative structure (central and national) and the communication structure in the DK regime, as well as the roles of the Accused. The OCP, through national counsel, Mr. Seng Bunkheang, and international counsel, Mr. William Smith, examined Kaing Guek Eav alias “Duch” on the latter’s membership to the CPK, his roles and duties within the party and his continued affiliation with it after 1979. Duch was the Secretary of the notorious S-21 security center, an interrogation and execution machinery in Democratic Kampuchea. For his acts, he was tried, convicted, and sentenced to life imprisonment for war crimes and crimes against humanity. For Case 002, he has returned to court, not as an accused, but as a witness who is in a unique position to shed light on what took place during this dark time in Cambodia’s history. The OCP questioned Duch on (i) his recruitment and affiliation to the CPK (ii) his work as a party member, (iii) his arrest in 1999; and (iv) CPK ideology; and (v) CPK policies.
Hearing on Evidence Week 6 – Questioning Accused
Week Ending February 2, 2012
From 30 January 2012 to 2 February 2012, the Parties questioned Accused Nuon Chea, Witness Ms. Prak Yut, a low-level Khmer Rouge official, and Witness Mr. Youk Chhang, Director of the Documentation Center of Cambodia (DC-Cam). On Monday morning, the Prosecution concluded their examination of Nuon Chea, who was thereafter allowed to retire to his holding cell. Civil Party lawyers and Defense counsels concluded their questioning of Prak Yut on Monday afternoon. On Tuesday, Nuon Chea answered questions from Civil Party Lawyers and his own international counsel, Mr. Michiel Pestman. The Prosecution, followed by the Civil Party lawyers, and the Khieu Samphan and the Nuon Chea Defense, proceeded to question Youk Chhang. The Parties will conclude Youk Chhang’s examination on Monday, 6 February.
Hearing on Evidence Week 3 – Civil Party Testimony
Week Ending 12 January, 2012
After a three-week recess, the Trial Chamber opened sessions for 2012 with the testimonies of Civil Parties Klan Fit and Romam Yun, and Accused Nuon Chea and Khieu Samphan. It was a week punctuated by tense, and at times, impassioned exchanges between the personalities in the courtroom. This issue of KRT Trial Monitor reports on the legal and procedural issues in contention this week, and surveys the continued reception of documentary and testimonial evidence related to the history of Democratic Kampuchea.
Hearing on Evidence Week 2 – Reception of Evidence
Week Ending December 15, 2011
Taking off from last week’s proceedings, the hearings this week centered on the historical background of the CPK and the alleged links of the Accused to the events that ensued. The three Accused demonstrated different stances on their participation in this trial, a likely preview of how the rest of proceedings will unfold. This week also saw the conclusion of the video link testimony of Long Norin, an insider witness who used to work with Ieng Sary at the Ministry of Foreign Affairs.
Hearing on Evidence Week 1 – Reception of Evidence
Week Ending December 9, 2011
This week’s proceedings marked the beginning of the reception of evidence for Case 002. Pursuant to the Trial Chamber’s Severance Order dated 22 September 2011, the first segment of Case 002 is limited to the reception of evidence on the history of Democratic Kampuchea, the roles of the Accused prior to and during DK, the first and second phase of forced movement as alleged in the Indictment and the crimes related thereto, unless there exists “exceptional circumstances” when the Chamber will allow questioning on all aspects of Case 002.