Khmer Rouge Tribunal Trial Monitoring ReportsMonitoring Program — Case 002: Update #1 Ieng Thirith, Nuon Chea, Khieu Samphan and Ieng Sary Report No. 1 Beginning 27 June 2011, the Trial Chamber of the ECCC presided over several days of Initial Hearings in the case against four alleged senior leaders of the Khmer Rouge: Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan. This marked the official commencement of the trial pursuant to Rule 80 bis. During the hearing, the Chamber considered the parties' lists of potential witnesses and the initial specifications of reparations awards the CPLCL intend to seek under Rule 23 quinquies. The parties also presented their oral arguments on the following legal issues: ne bis in idem (also known as "double jeopardy" in common law systems), the royal pardon and amnesty granted to Ieng Sary by King Norodom Sihanouk, the statute of limitations for grave breaches of the 1949 Geneva Conventions, and the statute of limitations for the national crimes within the jurisdiction of the ECCC. Monitoring Program — Case 001: Update #22 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 22 The following report provides an overview of the proceedings in the Duch trial, with a view to summarizing the "lessons learned" from the ECCC's first case, both for future cases at the Court and at international(ized) tribunals generally. Where deemed relevant by the Cambodian monitors attending the proceedings, comment on the "lessons learned" for the Cambodian national sector has also been included in this report. Monitoring Program — Case 001: Update #21 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 21 Case 001's substantive hearing came to a close on Wednesday, about 7 months after the trial's commencement. Its conclusion was marked by a distinctly emotive presentation and course of questioning by International Defense Counsel Francois Roux. This ended with Duch welcoming visits to him by victims, declaring that "I open the door to [the victims] emotionally. I would like to express [my] inner emotion[s]...so that they can see my true self." Particularly resonant were observations by this week's 3 distinguished expert witnesses on the overarching significance of this justice process, coming as they did in the final stages of the ECCC's first trial. The trial's potentially positive contribution to national reconciliation was a theme that ran throughout their testimonies. Monitoring Program — Case 001: Update #20 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 20 As scheduled, the examination of witnesses testifying about the Accused Person's Character commenced this week. The proceedings saw the attendance of expert psychologists as well as former friends and colleagues of the Accused. The psychologists explained that the analysis they had employed when examining Duch utilized a "geopolitical method" of assessment, which took into account the social and political context at the time the alleged crimes were committed. Monitoring Program — Case 001: Update #19 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 19 The role of Civil Parties took centre stage this week, as Civil Party lawyers and the Defense met head on over an array of legal issues concerning Civil Parties. Though their primary function is to establish the guilt of the Accused, the Co-Prosecutors too were asked in their capacity as officers of the Court to contribute to the debates. Monitoring Program — Case 001: Update #18 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 18 This 17th week of Duch's trial marked the beginning of a two-week period allocated for the hearing of Civil Parties' testimonies. Thirteen Civil Parties took the stand and recounted the loss of their loved ones to the crimes committed at S 21. All Civil Parties expressed their experience of intense sorrow flowing from the demise of their family members. Monitoring Program — Case 001: Update #17 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 17 Over the course of this 3-day court week, the Chamber heard a total of 12 witness testimonies, 3 oral and 9 written. The Chamber's decision to read into the record written witness statements (or summaries of statements) continues to prove valuable to the overall expeditiousness of the proceedings. One concern raised by the International Co-Prosecutor concerning the reading of witness statements was that the Accused's waiver of his right to summon witnesses in specific circumstances pursuant Internal Rule 84(1) had not been properly obtained. The Chamber promptly put the matter to rest, holding that the Accused had provided the requisite waiver at previous trial management meetings. Monitoring Program — Case 001: Update #16 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 16 The sixteenth week of trial at the KRT proceeded on schedule, with the Chamber's decision to have certain witness statements read into the record in lieu of witness testimony increasing the overall expeditiousness of proceedings. In addition to five testimonies that were read into the record, the Chamber heard from three former S-21 staff from Monday to Wednesday. Expert witness David Chandler then took the stand on Thursday, largely testifying on his book Voices from S-21: Terror and History in Pol Pot's Secret Prison. Monitoring Program — Case 001: Update #15 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 15 The Chamber continued to hear the accounts of former S-21 personnel, namely, Mr Kok Sros, Mr Suos Thy and Mr Meas Peng Kry. Notably, in line with its earlier decision to reduce its witness list, Mr Meas Peng Kry's testimony during the investigative stage was tendered as evidence in lieu of his in-court testimony. The testimonies provided valuable insight into Duch's involvement in the daily operations of S-21, and the process of documenting prisoners' arrival and departure from the facility. Read full report here (Word format) Monitoring Program — Case 001: Update #14 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 14 This week's hearings spanned the course of three days, during which the Chamber heard the testimony of three alleged former S-21 staff. Him Huy, who also testified last week, returned to the witness stand to be examined by the Parties. Subsequently the Chamber heard testimony from Prak Khorn. It further attempted to start the examination of Kok Sros during the day's last session, but a procedural debate interrupted his testimony, which will resume on Monday, 27 July 2009. Read full report here (Word format) Monitoring Program — Case 001: Update #13 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 13 This week, proceedings dominated by the testimony of 3 former S-21 personnel; Adequacy of information provided to witnesses, particularly with regard to their right against self-incrimination, ignited heated debates between both parties throughout the week; Court dealt with several civil party issues, including adequacy of emotional support in court. Read full report here (Word format) Monitoring Program — Case 001: Update #12 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 12 This week, Civil Parties' testimony on facts relating to S-21 and S-24; Veracity of Civil Parties' testimony questioned; Questionable Civil Party Counsel trial preparation; Insufficient facilities to accommodate high public attendance. Read full report here (Word format) Monitoring Program — Case 001: Update #11 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 11 This week, Victims of S-21 Testify to Painful Experiences At the Security Center; Chamber Endeavors to Delay its Determination of Joint Criminal Enterprise until the end of the case; Questions Emerge Regarding Treatment of Witnesses, as Victims asked to Reveal Permanent Injuries in Public; Chamber Eliminates Approx. 15 witnesses from its Witness List in an effort to Further Expedite the Trial. Read Annexure A to Report 11 here (pdf) Read full report here (Word format) Read Annexure A to Report 11 here (Word Format) Monitoring Program — Case 001: Update #10 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 10 This week, Duch questioned on the operation of S-21 Choeung Ek and Prey Sar; Progress made in delineating the role of civil parties; Chamber increasingly efficient in ensuring effective time management. Read full report here (Word format) Monitoring Program — Case 001: Update #9 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.9 This week, the Chamber questioned Duch on the "Functioning of S-21" and "Killings at S-21, the surrounding areas, and Choeung Ek". The Chamber completed its examination on these topics over a three-day period, and the Prosecution will begin questioning the Accused Person on Monday, 22 June 2009. There were no proceedings held on Thursday, as it was a Cambodian public holiday. Read full report here (Word format) Monitoring Program — Case 001: Update #8 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No. 8 This week, the Chamber and Parties proceeded to question the Accused on "The Implementation of CPK Policy at S-21" and the "Armed Conflict Between Vietnam and Cambodia" – two topic areas directly related to the charges Duch faces in the Closing Order. The Accused Person's testimony on the former has been extensively explored with witnesses during previous weeks, and as such, did not appear to reveal any novel evidence. Consistent with his prior testimony, Duch further maintained that any active role he took to ensure the effective operation of S-21 was motivated by his fear of reprisal from the upper echelons of the command structure. Read full report here (Word format) Monitoring Program — Case 001: Update #7 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.7 During this week's proceedings, the Defense's theory appeared to become clearer. As expert witnesses Mr. Nayan Chanda (on Monday and half of Tuesday) and Dr. Craig Etcheson (during the remainder of the week) were questioned, both the National and International Defense Counsel seemed to be determined to establish the notion that Duch was entirely subject to the will of his superiors, and had no choice but to follow the "party line". Furthermore, both Defense counsels also attempted to insinuate that Duch was but a "scapegoat", by espousing that more responsible people could have been brought to trial, or even testifying as witnesses. Read full report here in Word format Monitoring Program — Case 001: Update #6 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.6 After a two-week break during which the King's birthday was celebrated in Cambodia, the Trial Chamber of the Khmer Rouge Tribunal resumed its proceedings this week, hearing evidence from expert witness Craig Etcheson on the hierarchy of Democratic Kampuchea. Etcheson is the first expert witness to be called by the Chamber since proceedings began in March of this year. Yet despite the witness being ready to testify to the contents of his expert witness report, proceedings were increasingly dominated by procedural arguments as the week continued, causing lengthy deliberations, adjournments and finally, a Trial Management Meeting called unexpectedly on Thursday morning. Tensions emerging between the Prosecution and the Defense showed worrying signs that the KRT's seemingly least contentious trial – in which the Accused has already admitted to many of the charges he faces – will prove difficult to complete in a timely manner. Monitors hope that the consensus reached during the Trial Management Meeting will facilitate further cooperation between the Parties. Read full report here in Word format Monitoring Program — Case 001: Update #5 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.5 After a week's recess to celebrate Khmer New Year, trial proceedings at the Khmer Rouge Tribunal recommenced this week, with the Chamber hearing the remaining witnesses on the M-13 interrogation center. Despite efforts from President Nil Nonn to move proceedings swiftly to the testimony forming the substantive part of the case, the trial was dominated by procedural arguments for much of Wednesday, and the Chamber adjourned early on Thursday in order to consider outstanding motions. Hence, although the Accused began his testimony on the establishment of S-21 during Wednesday afternoon of this week, after three weeks of trial, the KRT is yet to hear any witnesses on S-21. As a result, the initial estimates of the trial completing in twelve weeks now seem somewhat unrealistic. Given the Chamber is yet to hear an estimated 49 further witnesses, proceedings may continue till at least the end of 2009. Read Annexure A to Report No. 5 Read Annexure B to Report No. 5 Read Annexure C to Report No. 5 Monitoring Program — Case 001: Update #4 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.4 After a week's recess to celebrate Khmer New Year, trial proceedings at the Khmer Rouge Tribunal recommenced this week, with the Chamber hearing the remaining witnesses on the M-13 interrogation center. Despite efforts from President Nil Nonn to move proceedings swiftly to the testimony forming the substantive part of the case, the trial was dominated by procedural arguments for much of Wednesday, and the Chamber adjourned early on Thursday in order to consider outstanding motions. Hence, although the Accused began his testimony on the establishment of S-21 during Wednesday afternoon of this week, after three weeks of trial, the KRT is yet to hear any witnesses on S-21. As a result, the initial estimates of the trial completing in twelve weeks now seem somewhat unrealistic. Given the Chamber is yet to hear an estimated 49 further witnesses, proceedings may continue till at least the end of 2009. Read Annexure A to Report No. 4 Monitoring Program — Case 001: Update #3 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.3 This week's proceedings at the Khmer Rouge Tribunal centered on the character of the Accused Person and the history of his involvement with the communist party. After briefly focussing on Duch's early life and susbequent incarceration as a political prisoner, the Chamber considered his role as the Head of M-13 – a security prison established in 1971, primarily to interrogate and execute "enemies" of the party. Pursuant to the Chamber's scheduling order, which sees it examining evidence under topic headings rather than through witnesses, Duch's testimony on M-13 was followed by witnesses François Bizot and Uch Sorn, both former detainees at the prison. The Chamber is due to hear another witness on M-13 before proceedings turn to the substance of the Closing Order – namely, the Accused Person's role at S-21. Read Annexture A to Report No. 3 Monitoring Program — Case 001: Update #2 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.2 Co-Prosecutors' Opening Statement implicates Duch as "meticulously controlling" S-21 - Chamber urged to apply joint criminal enterprise (pp.2-3); Duch pleads with Cambodian people to "leave a window open for forgiveness" (p.3); 10 years of incarceration: should he be released? Duch's provisional detention challenged by the Defense (p.4); Civil parties request further rights to be heard; Chamber deliberates (p.6); Translation cause for concern at the KRT (p.7). Read Appendix A to Report No. 2 Monitoring Program — Case 001: Update #1 Prosecutor v Kaing Guek Eav, alias 'Duch' Report No.1 After several months of anticipation and a decade of negotiations, initial hearings in the case of The Prosecutor v Kaing Guek Eav alias 'Duch' were held at the Khmer Rouge Tribunal ('KRT') this week, heralding the opening of this unique hybrid tribunal's first trial. In what was the first instance in which the Trial Chamber had assembled in public, the bench efficiently and effectively ran proceedings under the stewardship of the President Nil Nonn. The two-day hearings focused largely on procedural issues, with the majority of the discussion centering on the parties' proposed witness lists. Civil party lawyers tended to dominate the proceedings, with the four teams responsible for the current 28 accepted victim participants both raising and rebutting the bulk of issues.
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