Trial Monitoring Reports Database

On 23 November 2016, the Supreme Court Chamber (SCC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) issued its long-awaited final judgment in the first part of the ongoing trial against Nuon Chea and Khieu Samphan, the two surviving senior leaders of the Democratic Kampuchea (DK) regime, which lasted from 17 April 1975 to 6 January 1979. The well-reasoned and balanced final judgment sets a positive example for the Cambodian domestic court system and other international tribunals, while also hopefully raising the standard of production for the Trial Chamber’s pending judgment in Case 002/02.

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. 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.

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 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. 

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. 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 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. On Thursday Witness Sao Mang testified about the nature of armed conflict and his own role in Mondulkiri’s Sector 105.

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. 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. 

 From Monday to Wednesday this week, clinical psychologist and medical anthropologist Dr. Peg Levine testified as an expert witness on the regulation of marriage. On Wednesday afternoon, Civil Party Ms. Pen Sochan testified about being raped by her husband in Bakan District, Pursat Province. 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. 

This week the Trial Chamber began by hearing two witnesses, Mr. Cheal Choeun and 2-TCW-1037, on purges in the Northwest Zone. On Tuesday afternoon the Court began hearing the Expert Witness, Australian academic Mr. Stephen Morris. On Thursday afternoon Civil Party Preap Sokhoeun began her testimony on the regulation of marriage.

On 5 April 2016, the majority of Judges in Trial Chamber (V)(a) at the International Criminal Court (ICC) decided to vacate the charges against William Samoei Ruto and Joshua Arap Sang at the halfway stage of the trial, after the Prosecution had presented its case in full. Far from a mere legal technicality, the Chamber’s majority decision to dispose of the charges in this particular way will have ongoing implications for victims, for the accused, and potentially for the future prosecution of witness interference.

This week the Trial Chamber heard from two Civil Parties on the regulation of marriage and two witnesses on internal purges. 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. On Tuesday morning, the testimony of Civil Party Ms Mom Vun who began her testimony last week concluded with questions from the Defense teams. At the end of the week the Chamber adjourned until Tuesday 4 October to mark the annual Cambodian holiday of Pchum Ben.

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. 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. On Wednesday, the Trial Chamber returned to the segment on security centers and internal purges and heard testimony of Witness Nim Oem. 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.

This week the Trial Chamber heard the testimony of one Witness in closed session and spent the rest of the week on the presentation of key documents related to the regulation of marriage. 

The Chamber first heard from Civil Party Mr. Seng Soeun, who arranged group wedding ceremonies for handicapped soldiers. On Tuesday afternoon, Civil Party Ms. Chea Dieb testified about a policy that everyone over the age of 19 working at a ministry should be married. Finally, Witness Ms. Phan Van, a former member of the Ministry of Commerce, testified about her own experience of marriage while based near Tuol Tom Pong Market.

This week the Trial Chamber concluded hearing testimony on the segment on internal purges and began a new segment on the regulation of marriage during Democratic Kampuchea. On Monday the final witness on internal purges, 2-TCW-850, testified about purges in the Central Zone and Civil Party 2-TCCP-274 testified about her experience of being married during DK. The second Civil Party this week was Ms. Sou Sotheavy, a transgender woman who married a woman in August 1977 out of fear for her life.  On Thursday Civil Party 2-TCCP-232 testified about his marriage, describing how he had been refused permission to marry his chosen fiancée because she had had a family member who was “smashed” by the regime, and he was instead made to marry a stranger. 

This week the Trial Chamber continued to hear the testimony of Expert Witness Mr. Henri Locard, who was questioned by the two defense teams. Witness 2-TCW-976 then testified, providing largely contradictory testimony about his time as a messenger in the Northwest Zone. Finally, this week the Trial Chamber heard from Witness Chen Saroeun, a former member of Division 920, who testified about internal conflict and purges in Mondulkiri Province. On Thursday the Trial Chamber held a trial management meeting.

This week, the postponement of key document hearings originally scheduled to begin on Monday, resulted in a break in proceedings until Thursday.  Over two days of proceedings this week, the Trial Chamber heard statements from three Civil Parties as part of the victim impact hearings for the fourth segment related to security centers and internal purges, in addition to commencing documentary hearings with the presentation of key documents for this segment of Case 002/02 from the OCP and LCLCP.

Three Civil Parties were heard on Monday, with testimony related to suffering they experienced as a result of purges in the East Zone and S-21 Security Center.  On Tuesday, the Khieu Samphan Defense presented their response to key documents.  On Wednesday the Trial Chamber heard from a new Civil Party, 2-TCCP-1040, who testified about purges in the East Zone and a rebellion by Sao Phim. On Thursday the Chamber heard from Mr. Suoy Sao on internal purges.

This week the Trial Chamber reconvened after a three-week recess, continuing the sub-segment on internal purges.  Beginning on Tuesday, Witness 2-TCW-1005 testified under a pseudonym about his role as a messenger in Sector 13 and later in Sector 505. On Thursday morning, Expert Witness Mr. Henri Locard began his testimony before the Trial Chamber.

This week the Trial Chamber concluded hearing Witness Kaing Guek Eav, alias Duch, who has appeared over the course of four weeks.  Duch finished testifying on Monday morning, facing final questions from the Defense Team for Nuon Chea. The Trial Chamber adjourned early on Monday to deliberate, and reconvened on Tuesday by which time they had agreed to hear the concerned Civil Party, Chhun Samorn. On Wednesday and Thursday Witness Meas Soeurn, the son of the former Deputy Chief of the East Zone who disappeared before the end of the Democratic Kampuchea regime testified.

This week Kaing Guek Eav, alias Duch, began his third week of testimony before the Trial Chamber as a witness in Case 002/02.  After one and a half weeks of questioning from the OCP, LCLCP and the Bench, this week the Witness was questioned exclusively by the Defense Teams, whose questioning will conclude next Monday morning.

This week the Trial Chamber continued to hear from Kaing Guek Eav, more commonly known by his revolutionary alias “Duch,“ as a Witness in the segment on S-21 in Case 002/02.  Duch began his testimony last week and will continue until the end of next week.  The Witness was questioned by the OCP, CPLCL and Judges about a range of topics including internal purges, treatment of the Cham minority, ethnic Vietnamese and former Lon Nol officials, as well as interrogations and torture.  At the end of the day on Thursday Defense Counsel for Nuon Chea began to question the Witness, whose demeanor changed significantly, becoming much less cooperative.  The issue of torture-tainted evidence plagued proceedings once again this week, however on this occasion, it was the Judges and the OCP, rather than Defense Counsel, who were prevented from using documents.  

This week the Trial Chamber reconvened on Thursday after a one and a half week recess.  Over the course of two days the Chamber heard testimony from Witness Mr. Suos Thy, who previously testified in Case 001 about his role working at S-21 during the Democratic Kampuchea (DK) period.  Suos Thy testified to being in charge of maintaining lists of prisoners entering and leaving S-21 Security Center, under the command of Ta Hor who answered to Kaing Guek Eav, alias Duch.  Suos Thy will conclude his testimony early next week, after which Duch will appear to give evidence over nine days about his role as the head of S-21.

This week the Trial Chamber heard from the final two witnesses on S-21 Security Center in Phnom Penh. While serving a lifetime prison sentence, Duch appeared in Court this week to provide testimony in Case 002/01 on his knowledge of Communist Party of Kampuchea (CPK) hierarchy, policies and actions.  Duch is scheduled to testify over nine full days: four allotted to the Co-Prosecutors and Civil Party lawyers, four to the two Defense Teams and one for the Judges.  This week the Co-Prosecutors, led by assistant prosecutor Mr. Dale Lysak, and international Lead Co-Lawyer for Civil Parties Ms. Marie Guiraud, put questions to Duch on Nuon Chea’s role at S-21, treatment of Lon Nol soldiers, sexual violence, and other forms of torture.  

The Trial Chamber reconvened briefly on Monday this week after a fortnight’s break for the King’s Birthday holiday and a week-long adjournment to allow parties more time to prepare for upcoming witnesses.  Although Witness 2-TCW-816 was originally scheduled to testify on Monday, no witnesses were heard this week at all following the Trial Chamber’s decision to adjourn the proceedings until 2 June 2016.  The decision was made in response to the Nuon Chea’s request to reconsider his written request for a four-week adjournment to allow his team additional time to prepare for the examination of the remaining S-21 witnesses.  

This week the Trial Chamber continued to hear testimony from those who worked at the S-21 Security Center in Phnom Penh during the Democratic Kampuchea (DK) regime. On Wednesday morning Nuon Chea broke his silence to provide testimony about Vietnamese expansionism during the DK period; the first time he has broken his silence other than to question Expert Witnesses.  This week the Trial Chamber also dealt with the issue of evidence obtained under torture and also discussed the legal definition of torture and translation issues.

This week the Trial Chamber continued hearing witnesses on the trial segment relevant to the S-21 Security Center. Testimony from all three of this weeks’ witnesses featured in Case 001, and all three appeared with the assistance of duty counsel.  In addition to hearing testimony from three witnesses, the Trial Chamber also dealt with a request for an adjournment of proceedings ahead of the final two witnesses in the S-21 segment, and legal issues related to torture-tainted evidence and a Witness’s right against self-incrimination.

After a one week recess to mark Khmer New Year, the Trial Chamber reconvened this week to hear testimony on S-21 Security Center for the first time in Case 002/02.  S-21, also known as Tuol Sleng, was the main crime site in Case 001, the trial of Kaing Guek Eav alias Duch, who was the prison’s chairman during the Democratic Kampuchea (DK) regime and whom the Trial Chamber found guilty of crimes against humanity and grave breaches of the 1949 Geneva Conventions on 26 July 2010.  

This week hearings were repeatedly delayed due to the consistent refusal of Witness Sos Kamry, the chairman of the Highest Council for Islamic Religious Affairs, to testify before the Trial Chamber.  On Monday and Tuesday mornings the President announced that this Witness had refused to come to the court and the judicial police were requested to bring him in against his will.  Documents subsequently published on the court website reveal that this witness has refused to appear since September 2015.  

This week the Trial Chamber successfully heard two witnesses and one Civil Party in the Case 002/02 segment on security centers and internal purges.  All three people were called to testify on the Phnom Kraol Security Center, but also provided evidence on a range of other issues. 

This week the Trial Chamber heard from a new fact Witness on the Au Kanseng Security Center and concluded the testimony of Expert Witness Ysa Osman on the treatment of the Cham.  The fact Witness appeared anonymously under the pseudonym 2-TCW-900 in order to protect his identity as part of the ongoing investigations into Cases 003 and 004.  2-TCW-900 appeared via video-link from Oddar Meanchey Province and testified over two days about his role as third-in-charge at the Au Kanseng Security Center in Ratanakiri Province, and executions alleged to have taken place there.  On Wednesday Expert Witness Ysa Osman returned to the Chamber to respond to questions from each of the Defense teams in relation to the treatment of the Cham during the DK regime.  

This week the Trial Chamber heard from the fourth Expert Witness to appear in Case 002/02; anthropologist and scholar of genocide studies, Mr. Alexander Hinton. The Expert Witness was questioned about the treatment of targeted groups, namely the ethnic Vietnamese and Buddhists, and other issues related to internal purges, the targeting of the ethnic Cham and former Lon Nol soldiers.  The proceedings were peppered with objections from both the Prosecution and Defense this week, as the Parties debated issues related to the Expert Witness’ use of the term “genocide”, his scope of expertise, and sources used to support his conclusions.  At the end of Mr. Hinton’s testimony, Nuon Chea appeared in court to make a statement and put questions to the Expert Witness.

In September 2013, the East-West Center’s collaborative project with the WSD HANDA Center for Human Rights and International Justice at Stanford University — the Asian International Justice Initiative (AIJI) – partnered with the Cambodian Human Rights and Development Association (ADHOC), Khmer Mekong Films (KMF) and the Cambodian Defenders Project (CDP) and commenced the implementation of the Voices for Reconciliation: Promoting Nationwide Dialogue on the Khmer Rouge Past through the Mass Media and Community-Level Survivor Networks project, a two-year project funded by USAID. Using outreach-friendly television broadcasting of the Khmer Rouge (KR) trials in Cambodia in conjunction with community-based dialogue meetings, the Project aimed to 1) increase community awareness and understanding of the Extraordinary Chambers in the Courts of Cambodia (ECCC) trials, 2) empower conflict-affected groups to create spaces for dialogue at the community level, and 3) build the necessary capacities among those groups and civil society intermediaries to create environments favorable for longer-term reconciliatory processes beyond the ECCC. The Project engaged with ADHOC’s Civil Party Representative Scheme, which supports a network of Civil Parties (CPs) and Civil Party Representatives (CPRs) who are party to the ECCC proceedings.1 To achieve the objectives, the Project had a three-prong strategy: 1) the production and broadcasting of television programs and media outreach to the general population, 2) the organization of community-based dialogue meetings using outreach films to inform Cambodians in rural areas about the ECCC and its developments, and 3) capacity building to civil society groups and 46 CPRs who were directly involved with the Project. This report was produced as part of an evaluation of the Project in Cambodia, and involved an assessment of the Project outcomes in relation to the participation of the CPs and CPRs in the Project and lessons learned from the Project implementation.

This week the Trial Chamber heard from the final two witnesses in the segment on the treatment of the Cham and continued with a new segment on security centers and internal purges that began last week.  On Monday Witness Ms. Moeung Chandy, who testified last week, answered questions from the Defense on her detention at Au Kanseng Security Center.  The issue of torture tainted evidence was again raised this week, as well as submissions to admit new documents ahead of the appearance of a new Expert on the treatment of the ethnic Cham, 2-TCE-88, who will appear on 14 March 2016 and whose name was inadvertently revealed during proceedings this week.

This week the Trial Chamber held the third set of victim impact hearings in Case 002/02.  Five Civil Parties answered questions on the harms they suffered and put their own questions to the Accused concerning why these groups were targeted during the Democratic Kampuchea (DK) period.  After these statements, the Trial Chamber began a new segment in Case 002/02: security centers and internal purges.  International Counsel for Nuon Chea, Victor Koppe, returned to the Chamber for the new segment after his absence for over two weeks.

As the segment on the treatment of targeted groups under the Democratic Kampuchea (DK) regime comes to a close, the Trial Chamber gave all Parties the opportunity to present key documents this week.  These constituted the third round of key document hearings in Case 002/02 and covered the treatment of the Cham Muslim minority, ethnic Vietnamese, and former officials of the Khmer Republic.  The Defense Team for Nuon Chea declined to participate in hearings this week, following a walkout from the previous set of hearings in early September 2015.  Other Parties participated actively in proceedings, presenting their key documents, which included book extracts, DK policy documents, telegrams, newspaper articles and copies of the Communist Party of Kampuchea (CPK) publication Revolutionary Flag.  

This week Expert Witness Ysa Osman appeared before the Chamber to testify on the treatment of the ethnic Cham during the the Democratic Kampuchea (DK) regime.  Mr. Osman is currently working as an analyst in the Office of Co-Investigating Judges (OCIJ), has previously worked for the Documentation Center of Cambodia (DC-Cam) and is the author of two books on the Cham people, published by DC-Cam: Oukoubahand The Cham Rebellion.  This week the Trial Chamber only sat for two days as all Parties were given time to prepare for the upcoming Appeal Hearings before the Supreme Court Chamber (SCC) in Case 002/01.  Ysa Osman will return in March to conclude his testimony.

The Trial Chamber moved through proceedings swiftly this week, marking the first time a week was devoted entirely to testimony about the treatment of the ethnic Vietnamese during the DK period.  Over the course of four days, the Chamber heard evidence from a total of five individuals, keeping strictly to time in an apparent effort to maintain efficiency in the lead up to the Christmas break.  Witnesses included Mrs. Sao Sak, Civil Party Choeung Yaing Chaet, Prum Sarun, and Oum Son. No major legal or procedural issues held up proceedings this week, however the Defense Teams, particularly that of Nuon Chea, made a number of small objections and on several occasions expressed doubt about the veracity of the testimony they were hearing.

Resuming hearings after two weeks of break, the Chamber this week heard from three witnesses over the course of four days, potentially concluding the segment on the treatment of the Vietnamese.  On Wednesday the Trial Chamber returned to the segment on the treatment of the Cham.  In addition to hearing testimony this week the Trial Chamber also heard oral arguments on requests made by the Office of the Co-Prosecutors (OCP) and Defense Team for Nuon Chea to admit new witnesses in the Vietnamese segment.  A decision by the Trial Chamber was handed down on 12 January and will also be summarized below.  The recurring issue of torture-tainted evidence was again raised this week by way of a number of objections, coinciding with a recent Supreme Court Chamber (SCC) decision on the validity of this type of evidence, which will be analyzed further below.

The Trial Chamber heard the majority of testimony this week in closed court.  ‘In camera’ sessions were held throughout the day on Monday and Tuesday for witnesses who are part of the investigation into Cases 003 and 004.  The morning sessions of the following two days were also closed, to hear from 2-TCW-938, although the reason for the closed session was not disclosed by the Chamber.  Summaries of the testimony of these three witnesses will be included in future reports once redacted transcripts of the closed proceedings have been made available to monitors.  The Trial Chamber will resume hearings on 25 January 2016 in open session with Civil Party 2-TCCP-869.

On 7 August 2014, the Extraordinary Chambers in the Courts of Cambodia (ECCC) reached an important institutional milestone when the Court published its long-awaited Trial Judgment in the first case against two of the surviving alleged senior leaders of the Khmer Rouge—Nuon Chea and Khieu Samphan ("Case 002/01"). The Court found both men guilty of crimes against humanity, and sentenced them each to life imprisonment, while awarding "moral and collective reparations" to the 3,869 Civil Parties participating in the trial. Despite hopes that the five-year process of judicial investigation, trial, deliberation, and Judgment-drafting would produce a rigorous and insightful final product, in reality, as this report argues, the Case 002/01 Judgment fails to deliver the most fundamental output one expects from a criminal trial—systematic application of the elements of crimes to a well-documented body of factual findings. Based, in part, on insight gained from the continuous presence of a team of trial monitors throughout trial, this report provides commentary on how a contentious and confusing trial process in Case 002/01 ultimately produced a similarly problematic final Judgment.

Concern over the issue of human trafficking in Southeast Asia has grown steadily over the past several years with recent events elevating this pernicious problem to crisis levels in the public consciousness. The unearthing of mass graves in trafficking camps in both Thailand and Malaysia, the discovery of hundreds of fishermen enslaved in Indonesia, and the steady stream of vulnerable Bangladeshi and Burmese Rohingya populations seeking refuge across the Andaman Sea have left many people speculating about the scale of the problem and struggling to find solutions. It is impossible to know definitively the scale or scope of human trafficking. This unsettling uncertainty arises, in part, from the lack of robust, accurate, and standardized data related to human trafficking—information that is critical to devising and implementing better policies to combat it. Policies and programs based on poor data will be equally poor in their effectiveness. The corrective impulse should focus not only on collecting more data, but better data. 

The Trial Chamber continued with the new trial segment on the treatment of the Cham minority this week with the testimony of four persons in relation to the group’s targeting in Kang Meas District, Kampong Cham Province. This subject differed from the events at Krouch Chhmar District, discussed in the previous week, and much of the testimony revolved around the massacre of Cham at Wat Au Trakuon pagoda, which was turned into a security center under the Khmer Rouge. 

From 7 to 10 September 2015, the Trial Chamber commenced a new segment of the proceedings in Case 002/02 with testimony from two witnesses and a Civil Party. This next segment of trial, which covers the treatment of targeted groups and begins with the treatment of the Cham, relates to charges of genocide and the crimes against humanity of extermination, imprisonment, murder, torture, and persecution on political and religious grounds.  

Following a week without hearings, the Trial Chamber heard the testimony of three witnesses regarding their experiences at the Trapeang Thma Dam worksite (TTD). All three witnesses, Kan Thol, Lot Suoy, and Chet Yourk, detailed the working and living conditions at the site, including the work quotas, health and sanitary conditions, food distribution, marriages, arrests, disappearances, and executions. Following a submission from the Civil Parties, the Parties again debated the legal and procedural issues involved in the disclosure and admission of new evidence from the investigations in Cases 003 and 004. Separately, the Defense raised objections regarding the scope of the trial. The following report provides analysis of these legal issues, summary of the three witness testimonies, and details of the trial’s management this week

Returning from a mid-year judicial recess this week, the Trial Chamber commenced the next segment of the proceedings in Case 002/02 with testimony from a Civil Party and a witness on the Trapeang Thma Dam worksite (TTD).  This segment covers the last of three worksites to be discussed in the tria

In the first set of appeal hearings since the Trial Chamber issued its Judgment in Case 002/01 on 7 August 2014, the Supreme Court Chamber heard the testimonies of three new witnesses. The Trial Chamber found the Co-Accused, Nuon Chea and Khieu Samphan, guilty of crimes against humanity comprising murder, inhumane acts, forced transfers, forced disappearances, attacks on human dignity, in the territory of Cambodia between 17 April 1975 and the end of 1977. The Trial Chamber sentenced the two Accused to life imprisonment. The Defense Teams filed their appeal briefs against the Trial Chamber’s Judgment on 29 December 2014, and Nuon Chea has also filed five separate requests for additional evidence in the appellate stage of proceedings. Nuon Chea raised 223 grounds of appeal and Khieu Samphan raised 148 grounds of appeal, covering alleged errors in both law and in fact. The Co-Prosecutors filed a shorter appeal, which deals only with an alleged error in law related to the Chamber’s decision not to apply the most extended form of joint criminal enterprise, also known as “JCE III”, as a mode of criminal liability.

Mr. Keo Leou, Ms. Kong Siek, and Mr. Sem Hoeurn were all members of the Revolutionary Army of Kampuchea, and they testified both on the purges of North Zone cadres from the Army Divisions and their eventual assignment to the Kampong Chhnang Airport Construction site (KCA). On Tuesday and Wednesday this week, the Trial Chamber revisited the earlier trial segment on the First January Dam worksite in Kampong Thom Province in order to hear testimony from Witness Yean Lun, who worked as a laborer and a militiaman at the site. Judge Jean-Marc Lavergne intervened twice this week during the examinations of Mr. Keo Leou and Ms. Kong Siek when Nuon Chea’s Defense Counsel asked specific questions without referencing documents in support of the assertions made. The Judge reminded Counsel not to use evidence that may have been obtained under torture, but the issue returned and remains contentious as the Parties await the Trial Chamber’s long awaited ruling on the matter.

Over four days of hearings this week, the Trial Chamber heard the testimony of two witnesses and a Civil Party on their knowledge of and experiences at the First January Dam worksite in present-day Kampong Thom Province. Civil Party Seang Sovida discussed her living conditions as an 11-year-old working in a mobile unit at the Dam worksite for three months, Witness Uth Seng discussed his experiences working at the site as a teenager, and Witness Sou Soeun, a former cadre, discussed her position and that of her husband, former Central Zone Secretary Ke Pauk, in the DK era. The Trial Chamber also dealt with a number of objections concerning the scope of the trial segment, as well as proper questioning practices. It also announced scheduling changes as a result of new evidentiary disclosures coming from Case 003. In addition to covering these topics, this report also notes a number of mistranslations that negatively impacted the Parties and the Witnesses’ understanding of the ongoing proceedings.

The Trial Chamber this week continued to hear testimony regarding the experiences of workers at the First January Dam construction site in Baray District, Kampong Thom Province. Ms. Meas Layhou, Ms. Hun Sothany, and Ms. Un Ron all spoke about the poor living conditions and burdensome working regimen at the site. They discussed their fear and suffering at the time, and they also provided examples of maltreatment by the Khmer Rouge authorities as they sought out “enemies” of the regime. The Chamber also provided the Parties with the opportunity to make oral arguments on the proper use of evidence obtained under torture. It also announced a ruling on the inclusion of the Khmer Krom as a targeted group in the allegations in Case 002/02. 

From 18 to 21 May 2015, the Trial Chamber completed the testimony of the last witness to testify in relation to Kraing Ta Chan Security Center (KTC), and it commenced the next segment of the proceedings in Case 002/02.  The next segment, which covers the First January Dam Worksite in present-day Kampong Thom Province, relates to charges of crimes against humanity of enslavement, extermination, murder, and persecution on political and religious grounds, as well as other inhumane acts, through “attacks against human dignity,” enforced disappearances, and forced marriage. On Monday, Witness Vorng Sarun testified about her arrest and detention at KTC Security Center.  From Tuesday to Thursday, Or Ho and Pech Sokha testified about their personal experiences living and working at the First January Dam Worksite.  After several weeks of heated debate over the use of torture-tainted evidence in the proceedings, the Trial Chamber announced that it would hear oral arguments from all Parties on Monday 25 May, next week, and will subsequently issue a written decision on the matter.

From 4 to 8 May 2015, the Trial Chamber effectively completed the testimonies of two witnesses via video link to Battambang province, as they were unable to travel to the ECCC due to their advanced age and health conditions. For the third week in a row, Nuon Chea’s Defense Counsel again sought to use the torture-tainted confession of a DK cadre during witness examination, despite having been repeatedly rebuffed by the Chamber on previous such attempts. This prompted the Co-Prosecutor to request oral hearings before the Trial Chamber on this matter. The first witness heard this week, Ms. Khoem Boeun, alias Yeay Boeun, was the DK chief of Cheang Tong Commune, in Tram Kak District, and other witnesses have identified her as the final chief of the District before the fall of the regime in 1979. The second witness, Mr. Aek Hoeun, was a former cadre who worked at the District office in Tram Kak. 

As the first segment of the trial in Case 002/02 nears its end, the Trial Chamber held documentary hearings on evidence concerning Tram Kak District cooperatives and Kraing Ta Chan Security Center. The OCP provided documents on the living and working conditions in rural cooperatives, the arrests and interrogations in Tram Kak District, the treatment of targeted groups there, and the DK authority structures. The Nuon Chea Defense used documents to illustrate arguments that the Khmer Rouge used re-education rather than punishment, that there were in fact no distinctions between ethnic or socioeconomic groups, and that interrogation and torture were used relatively rarely. Khieu Samphan’s Defense team was interrupted as the presentation went beyond the scope of the first trial segment. 

After returning from a judicial recess for Khmer New Year, the Trial Chamber resumed its proceedings in Case 002/02 this week with the second appearance of a Civil Party, as well as that of a witness who first testified before the Court during Case 002/01.

In the final week of hearings before the Khmer New Year holiday, the Trial Chamber heard the statements of suffering of eight Civil Parties related to the harm they suffered under the DK regime. The Civil Parties appeared over two and a half days of victim impact hearings, which were scheduled as the trial segment on Tram Kak District cooperatives and Kraing Ta Chan Security Center nears its completion. The Chamber also heard the witness testimony of Mr. Richard Dudman, an American journalist, via video link to the United States. He mostly discussed his experience visiting Democratic Kampuchea in December 1978 alongside Elizabeth Becker, an expert witness who testified in February 2015. With the conclusion of hearings this week, the Trial Chamber adjourned proceedings until 21 April 2015, to allow Parties more time to review the recent evidentiary disclosures from the investigations in Cases 003 and 004, and also due to a previously scheduled judicial recess to mark the Khmer New Year holiday.

This week, the Trial Chamber successfully heard the testimonies of three Civil Parties within two and a half days of proceedings. This report summarizes the three Civil Party appearances in court from this week, analyzes the Parties’ questioning practices, and critiques the Trial Chamber’s inconsistent approach to protecting victim confidentiality in accordance with its own directives.

The Trial Chamber effectively completed hearing the testimonies of two witnesses this week, but it was forced to adjourn a half-day early due to the health issues of a new witness set to testify on 19 March. The first witness heard this week, Mr. Nut Nouv, was chief of Srae Ronoung Commune in 1978. The second witness, Mr. Riel Son, was deputy chief of Tram Kak District Hospital from 1976 to 1979. This report also summarizes the Trial Chamber’s continued management of Case 002/02, as the Court sought to strike a balance between the OCP’s recent evidentiary disclosures from Cases 003 and 004 and the Defense Teams’ requests for new scheduling to enable review of the evidence.

The Trial Chamber effectively completed hearing the testimonies of two witnesses this week, but it was forced to adjourn a half-day early due to the health issues of a new witness set to testify on 19 March. The first witness heard this week, Mr. Nut Nouv, was chief of Srae Ronoung Commune in 1978. The second witness, Mr. Riel Son, was deputy chief of Tram Kak District Hospital from 1976 to 1979. This report also summarizes the Trial Chamber’s continued management of Case 002/02, as the Court sought to strike a balance between the OCP’s recent evidentiary disclosures from Cases 003 and 004 and the Defense Teams’ requests for new scheduling to enable review of the evidence.

This report discusses the ongoing disclosures from the OCIJ investigations to Case 002/02, as the Chamber held a public trial management meeting for the Parties to note their impacts on the current trial segment and the upcoming order of the Case. Furthermore, this report summarizes the testimony of Van Soeun, alias Suon, who described his role at the prison, his knowledge of its administrative structure, and his observation of alleged atrocities at the Security Center. The report also analyzes the Trial Chamber’s lack of coherent instructions regarding the privacy afforded to victims of sexual violence, after the issue again was raised during Defense Counsel Victor Koppe’s examination of the Witness this week.

Although the week was cut short by a day due to the need for the Parties to review new evidence in Case 002/02, the trial proceeded efficiently the rest of the week, as two former Khmer Rouge cadres from Tram Kak District testified. The first, Mr. Srei Thân, gave details of his experience as a guard at Kraing Ta Chan Security Center, where he claimed to have acted only as a guard on the outer perimeter, and occasionally as a typist. The second witness, Mr. Phann Chhen, described his role in Tram Kak prior to 1975, and he provided information on conditions at the Security Center in the DK era. 

This week, the Trial Chamber moved efficiently in completing the examination of three witnesses and commencing the questioning of a fourth, even as procedural hurdles threatened the continued progress of Case 002/02. The OCP began to insert newly released confidential statements from the Case 004 investigation into the Case 002/02 dossier, as they include both inculpatory and exculpatory material relevant to the ongoing trial. Both the Defense Teams, with the tacit support of the Civil Parties, sought postponement of trial so the new statements could be reviewed for impact upon witness testimony in the current trial segment on Tram Kak District and Kraing Ta Chan Security Center. The Trial Chamber declined to postpone this week, moving forward with the four witnesses after determining the new statements were not relevant to their particular examinations. However, the Court did announce modifications to the hearing schedule for the next two weeks to provide more time for the parties to review the new Case 004 statements.

Case 002/02 proceeded beyond the confines of the first trial segment on Tram Kak District cooperatives and Kraing Ta Chan Security Center this week as the Trial Chamber heard the testimony of the case’s first Expert Witness, Elizabeth Becker. The Expert testified for three days on the geopolitical context for the rise and fall of Democratic Kampuchea, the country’s tensions with Vietnam, the internal purges of cadre and officials across the Zones, and her own visit to DK in December 1978. Parties raised many procedural issues this week concerning phrasing of questions, the selective appearance of Nuon Chea in the trial, and the scope of Case 002/02. 

The Trial Chamber this week continued to hear from two witnesses and a Civil Party on their experiences in Tram Kak District and Kraing Ta Chan Security Center. This report summarizes the three sets of testimony heard this week, analyzes legal questions concerning the privacy or personal security of witnesses, and continues to track the Chamber’s management of the trial in Case 002/02. In addition, this report reviews the recently published reasoning for the Judicial Administration Committee Special Panel’s decision on Defense motions for disqualification of the Trial Chamber judges, as well as international Judge Rowan Downing’s dissent from the majority opinion.

The evidentiary hearings in Case 002/02 proceeded into their third week as the Trial Chamber completed the testimony of the first two Civil Parties to testify in the trial, Oum Suphany, who was questioned heavily about prior accounts of the DK era in her published books, and Chou Koemlân, who testified that she had personally seen the Co-Accused visiting a Tram Kak District worksite in 1977. The Court also began to hear from a non-Civil Party witness, Cheang Srei Mom, on her experiences in a forced marriage arranged by Khmer Rouge cadres in her rural cooperative. 

This week marked the first full week of hearings in Case 002/02 to proceed without significant disruption to the Court schedule. The Chamber successfully concluded the testimony of Mr. Meas Sokha, the first witness in the trial and a former prisoner at Kraing Ta Chan Security Center in the Southwest Zone. The Chamber also began the examination of the first Civil Party to testify in Case 002/02, Ms. Oum Suphany related to her experiences living and working in a rural Tram Kok District cooperative in Democratic Kampuchea. Through efficient time management, the Chamber heard these testimonies in addition to the previously scheduled hearing of the medical experts, who were called to examine the physical and mental fitness of the Co-Accused to stand trial. 

On 8 January 2015, the Trial Chamber resumed proceedings in Case 002/02, after two months of adjournment, which had been the result of the Khieu Samphan Defense Team refusing to participate in Case 002/02 trial proceedings while they were still working on the Case 002/01 appellate briefs. After the 29 December 2014 deadline for Case 002/01 appellate filings passed, the trial resumed and was set to begin hearing witnesses in Case 002/02, but the Trial Chamber suspended proceedings abruptly that same afternoon when Khieu Samphan fell ill and was hospitalized. The Court hopes to resume proceedings on Wednesday, 21 January. 

The ECCC Trial Chamber resumed hearings in Case 002/02 this month with the intention of compelling the Defense counsel for both Nuon Chea and Khieu Samphan to participate in proceedings in the trial following a month of postponement since the 17 October opening hearing. Prior to the Court recess during Cambodia’s Water Festival, the Chamber issued a new Scheduling Order, which reduced the remaining number of hearing days before the end of 2014 from fifteen to ten. In keeping with this updated schedule, and in response to the justifications for the continued absence of the Nuon Chea Defense team from proceedings, the Special Panel assembled by the ECCC’s Judicial Administration Committee also issued a decision on Defense Motions for disqualification of judges. Nuon Chea and his Counsel therefore participated in the 17 November and 24 November hearings, but Khieu Samphan’s Defense Counsel continued to boycott, prompting the Trial Chamber to reassess its plan for the remainder of hearings this year.

This week marked the opening of evidentiary hearings in the second trial of Case 002. This follows the initial hearing, which took place on 30 July 2014, and the Trial Chamber’s announcement of the Judgment in Case 002/01 on 7 August 2014. Victims, the co-Accused, and Court observers have awaited this trial for its focus on a wider scope of alleged crimes, including forced marriage, and charges that the Accused participated in acts of genocide against Cham Muslims and ethnic Vietnamese. The trial is also significant insofar as it is expected to cover a greater number of crime sites (cooperatives, work sites, and security centers across the country) than fell within the scope of Case 001 and Case 002/01. However, on the trial’s long anticipated opening day, the prospect of further delays dominated discussion inside the courtroom and out, as Defense teams for both of the co-Accused announced their intent to boycott the trial. Section II of this report summarizes three sets of documentary submissions filed prior to the start of evidentiary hearings in Case 002/02. Section III covers the opening statements of the Parties, in Court on 17 October 2014, as well as a subsequent press conference called by the Defense teams, to further explain the decision of the Accused to boycott the proceedings. Section IV covers trial attendance, time management, and matters of courtroom administration.

Over the course of three days this week, the Trial Chamber concluded the final hearings of Case 002/01. After 64 weeks of evidentiary hearings and 2 weeks of closing statements, this week brought the case to a close, with the conclusion of closing statements from the Khieu Samphan defense, responses to both defense teams’ rebuttals from the Civil Parties and the Co-Prosecutors, and rare final statements from the Co-Accused themselves. The Khieu Samphan defense started the week with their continued depiction of their client as a popular but powerless figure in the DK regime. Lawyers for the Civil Parties followed the next day with an aggressive reaction to the defense teams’ dismissal of victims’ painful experiences. Prosecutors then sought to establish the legal basis for convictions of the co-Accused for their alleged involvement in a joint criminal enterprise, which directed two forced population movements, as well as the execution of former Khmer Republic officials at Tuol Po Chrey. The Co-Accused and their lawyers spent the final day of hearings responding to these assertions one last time before the Trial Chamber adjourned to determine a verdict.

On 16 October 2013, nine days of oral presentations of closing statements and rebuttals of the opposing counsels presentations were initiated, pursuant to Internal Rule 94.1. This week marked the conclusion of the closing statements from the Civil Parties and the first two days of the Co-Prosecutors’ statements. The Civil Party lawyers provided an overview of the case, which arguably went beyond the scope of Case 002/01 at times, and presented the projects proposed for collective and moral reparations in the event of guilty verdict against the accused pursuant to Internal Rule 23.1. The OCP started their closing statements on 17 October 2013 and presented arguments on CPK’s policies, particularly those related to Forced Evacuations I and II, the Party’s communication structure, and the accused’s role in the Party. The closing statements will resume on 21 October 2013 with the final day OCP’s closing statements and the first day for the defense.

On Tuesday this week, the Trial Chamber held a Trial Management Meeting (TMM) intended to address a number of outstanding issues before the Chamber and schedule final deadlines.  After hearing oral submissions, the Chamber denied the Prosecution’s request to call additional Tuol Po Chrey witnesses, and to recall Civil Party Sar Sarin.  Nuon Chea Defense request to summon Rob Lemkin was also rejected.  President Nil Nonn adjourned the proceedings until 9 October 2013, when the Trial Chamber is scheduled to hear closing arguments from the Parties. On 23 July 2013, the Supreme Court Chamber issued a summary of reasons supporting its decision to dismiss both the OCP and Nuon Chea Defense appeals against the Trial Chamber’s written decision on severance.  Accordingly, as the Supreme Court declined to expand the scope of Case 002/01, the TMM marked the end of the evidentiary hearings for Case 002/01

This week, the Chamber heard the Defense teams respond to documents which had been presented by the OCP and CPLCLs two weeks earlier as part of the final “key document hearing” for Case 002/01.  The Nuon Chea Defense attempted to distinguish policy from implementation and place the documents into context.  Nuon Chea himself made a personal statement, during which he explained the reasoning behind DK policy, challenged the accuracy of books written by foreigners, and clarified his leadership role during the DK.  The Khieu Samphan Defense also informed the Chamber that Khieu Samphan had decided to invoke his right to remain silent and was no longer prepared to respond to questions from the OCP or Civil Parties.  Khieu Samphan also made a personal statement explaining that his decision was fuelled by what he considered to be unfair treatment of his Defense counsel, and violations of his right to a fair trial.  International counsel for Khieu Samphan, Arthur Vercken, used the time allotted to respond to the documents by lodging a variety of complaints about the fairness of the trial.

This week, the Chamber heard the Defense teams respond to documents which had been presented by the OCP and CPLCLs two weeks earlier as part of the final “key document hearing” for Case 002/01.  The Nuon Chea Defense attempted to distinguish policy from implementation and place the documents into context.  Nuon Chea himself made a personal statement, during which he explained the reasoning behind DK policy, challenged the accuracy of books written by foreigners, and clarified his leadership role during the DK.  The Khieu Samphan Defense also informed the Chamber that Khieu Samphan had decided to invoke his right to remain silent and was no longer prepared to respond to questions from the OCP or Civil Parties.  Khieu Samphan also made a personal statement explaining that his decision was fuelled by what he considered to be unfair treatment of his Defense counsel, and violations of his right to a fair trial.  International counsel for Khieu Samphan, Arthur Vercken, used the time allotted to respond to the documents by lodging a variety of complaints about the fairness of the trial.

This week, the Court managed to hear the testimony of four witnesses over four days.  Witnesses Pech Chim, Lev Lam, Ek Hen and Sum Alatt testified primarily on the alleged role of the Co-Accused, the purging of Lon Nol officials, and arrests of KR cadres.  The Parties raised a number of objections during the course of the week, primarily in relation to the leading, repetitive and speculative nature of questions, in addition to questions alleged to fall outside the scope of Case 002/01.  The Chamber also sought to limit questions to those strictly within Case 002/01 and exhibited a consistent effort to keep the hearing on schedule.  Monitors noted that this strictness might have contributed to some etiquette issues towards the end of the week.

This week, the Chamber commenced hearing the last “key document hearing” for Case 002/01. From Monday to Thursday, the Prosecution and Civil Party lawyers presented documents regarding Joint Criminal Enterprise (JCE) and documents related to the Accused, Nuon Chea. Documents relevant to the role of Khieu Samphan were presented during the third key document hearing held earlier this year. The Trial Chamber reiterated to the Parties that the purpose of the key document hearings was to enable Parties to make submissions in relation to the probative value of the documents, not to discuss admissibility.  The Trial Chamber’s decision to hold the hearings has been contested by the Khieu Samphan Defense, who in February filed a submission arguing that the key document hearings violate their client’s fair trial rights. A number of legal and procedural issues were raised during the week, primarily relating to the applicable evidentiary rules and standards at the ECCC.  Parties also continued to raise issues relating to the scope of the Severance Order. 

This week the Chamber examined two witnesses, both former KR cadres who testified primarily on the role of the Co-Accused.  Leng Chhoeung described his work as Khieu Samphan’s driver prior to the fall of Phnom Penh in January 1979.  Nou Mao testified that he had known a plan amongst the CPK leaders to evacuate Phnom Penh prior to 17 April 1975.  However, he was unable to maintain with certainty whether Khieu Samphan supported the evacuation policy.  He also provided information about the fate of Lon Nol soldiers who arrived at his commune after the fall of Phnom Penh in 1975. Various legal and procedural issues arose throughout the week, the most notable of which concerned the use of Ben Kiernan’s interview notes during Nou Mao’s examination.  Although the Witness had been interviewed by historian Ben Kiernan in 1981, he had never been formally interviewed by the OCIJ.  Further objections were raised concerning repetitive questioning and witness speculation.  Aside from these issues, the trial proceeded over three days without any significant trial management issues.

This week, the Trial Chamber heard testimony from three witnesses: Tun Soeun, So Socheat and Sim Hao.  Proceedings commenced on Monday to hear testimony from Tun Soeun, the son-in-law of Khieu Samphan followed by Khieu Samphan’s wife, So Socheat.  On Wednesday and Thursday, Witness Sim Hao described his work as a soldier prior to the evacuation of Phnom Penh and his work as a laborer with the Ministry of Commerce during DK.  His testimony focused on KR purges and orders allegedly given by Khieu Samphan towards the end of the DK era.  The week ended with the ECCC’s first public Trial Management Meeting (TMM), during which all parties presented arguments in relation to the final documentary hearings, questioning of the Accused, closing briefs and closing statements, future trials, reparations, and pending translations.

After a one-day break to observe Child’s Day, the court resumed the hearing on Tuesday. The Chamber efficiently heard the impact of crimes at trial in Case 002 from Civil Parties Sophany Bay, Soeun Sovandy, Seng Sivutha and the testimonies of Witnesses Sidney Schanberg and Sok Roeur, as well as Expert Witness Chhim Sotheara. Sok Roeur was summoned as a character witness for Khieu Samphan. The Civil Parties recounted their pains and suffering they endured during the regime, while providing factual evidence in particular on what transpired in the population movements they experienced and the situation in cooperatives. Sidney Schanberg, a journalist who was present in Phnom Penh in the period before and during the evacuation of Phnom Penh until foreigners who had taken refuge at the French Embassy were expelled from Cambodia, testified to the condition of the country during the period of his stay.  Chhim Sotheara, the Executive Director of Transcultural Psychosocial Organization Cambodia (TPO Cambodia,) provided his expertise as an accademician and practitioner in the field of psychiatry, as well as experience in assisting victims of Khmer Rouge. There were a few significant legal and procedural issues this week, which included the Chamber establishing that questions posed by the Civil Parties to the Accused could go beyond the scope of case 002/01. There remained to be no standard practice on to what extent witnesses could offer their opinion, enforcing the appearance that this issue stayed at the discretion of the Chamber. As to trial management, the proceedings generally went well, with the Chamber showing determination to ensure all witnesses and civil parties scheduled this week would testify as planned.

This week the Trial Chamber heard statements suffering from 12 Civil Parties.  The Civil Parties were selected from 3,866 Civil Parties admitted in Case 002 based on “the evidence they could provide on suffering, the relationship between this evidence and the crimes being tried in Case 002/01, and the diversity of impacts (suffering) represented.”  The testimony was emotional and at times, brought the Civil Parties and other members of the Court to tears. In accordance with the procedure determined by the Trial Chamber in a decision dated 2 May 2013, the Civil Parties were permitted to address questions to the Co-Accused.   Khieu Samphan responded to all questions posed by the Civil Parties.  Although Nuon Chea was able to respond to questions from his holding cell through audio and video facilities, he declined to answer some questions because he was not physically well enough to do so.  However, while responding to one question posed, Nuon Chea surprised the Court by accepting “moral” responsibility for crimes committed during DK.

The Trial Chamber heard Mr. Ieng Phan and Mr. Prom Sou on their experiences during the DK.  Ieng Phan was a soldier, while Prom Sou worked at the commerce office of Sector 103.  Additionally, two Character Witnesses for Khieu Samphan, Mr. Philippe Jullian-Gaufres and Mr. Chau Soc Kon, testified via video-link from France.  The Chamber also recalled Civil Party Chau Ny, who first testified before the Chamber on 23 November 2012.  Remarkably, Khieu Samphan addressed the Chamber and acknowledged the suffering of the Civil Party. Legal and procedural issues this week included the proper use of documents for questioning witnesses, recalling a previous Civil Party in order to allow further questioning by a defense team, and the exercise of the right of the Accused to remain silent.

This week, in four days of proceedings, the Chamber heard the testimony of Expert Witness Philip Short.  The author of “Pol Pot: History of a Nightmare” testified primarily on the sources and content of his book.  Testifying on a variety of issues within the Closing Order, Philip Short shed light on matters related to the CPK’s ideology, policies, and its implementation, as well as the roles and characters of the Accused.  The proceedings moved efficiently this week, with only a relatively small number of legal procedural issues occurring, primarily related to the relevance of the issues brought up by the Defence during their questioning.

This week, the Chamber heard one Civil Party and two witnesses.  Civil Party Sar Sarin described his experience as an art performer before the DK era and a driver during the regime.  Sar Sarin did not give a full testimony, as he refused to testify further unless provided with personal security.  The witnesses, Ung Chhat and Lim Sat, testified mostly on what they observed during the “liberation” of Pursat and the execution of Lon Nol soldiers at Tuol Po Chrey. Aside from being confronted with the Civil Party’s request for protective measures, the Chamber and the Parties also dealt with concerns regarding the use of OCIJ statements as basis for questioning, badgering of a witness, and the scope of Case 002/01.

Following a weeklong adjournment for Khmer New Year celebrations, proceedings resumed to hear the testimony of three witnesses: Chhouk Rin, Chuon Thi, and Ros Suy.  Proceedings were interrupted almost as soon as they began on Monday morning, when the first witness, Chhouk Rin, refused to provide testimony without first receiving medical care from the Trial Chamber.  Because of this, the morning sessions were extremely challenging as the Court attempted to extract testimony.  However, the Witness became much more cooperative after the lunch adjournment, and he remained cooperative through the conclusion of his testimony on Tuesday.

This week, the Trial Chamber finished hearing the testimony of Chhaom Se, and heard the complete testimony of Witness François Ponchaud.  Chhaom Se resumed his testimony following a temporary adjournment on 11 January 2013 due to the ill health of the co-Accused and other interceding matters.  François Ponchaud, a French priest and author of “Cambodia: Year Zero” commenced his testimony on Tuesday.  Despite his fluency in Khmer, his decision to speak in Cambodia’s national language caused ongoing interpretation issues throughout the course of his testimony, and considerable time was expended in order to clarify his responses.

On 25 March, in the first hearing after Ieng Sary passed away on 14 March 2013 and the subsequent termination of the proceedings against him, the Trial Chamber heard the joint testimony of two court-appointed medical experts regarding the medical assessment of Nuon Chea

In an unexpected turn of events, during what was scheduled to be the weeklong hearing of Expert Witness Philip Short, the staff of the ECCC’s Interpretation and Translation Unit (ITU) announced a work boycott.

On 8 February 2013, the Supreme Court Chamber (SCC) rendered a decision declaring the Severance of Case 002 invalid. To comply with the SCC decision, and to guide the Trial Chamber in formulating a decision on how to further proceed in Case 002, the Trial Chamber devoted this week to hearing the Parties’ responses to the questions it posted in Memoranda dated 12 February and 19 February.

From Monday until Tuesday, the Chamber heard American photojournalist Al Rockoff testify on his experiences in Phnom Penh before and during the fall of the city in April 1975. 

Following an unexpected break in the previous week, due to the sudden hospitalization of Nuon Chea and Khieu Samphan, proceedings resumed this week in accordance with the revised schedule determined by the Trial Chamber. 

Following an unexpected break in the previous week, due to the sudden hospitalization of Nuon Chea and Khieu Samphan, proceedings resumed this week in accordance with the revised schedule determined by the Trial Chamber.

On Sunday, the 13th of January, Accused Nuon Chea was admitted to the hospital for severe bronchitis. Thus, the Trial Chamber convened only briefly on the 14th of January before adjourning to give Nuon Chea’s Defense Team a chance to consult with the Accused as to whether or not he waives his right to be present. Later in the week, Khieu Samphan was also taken to the hospital. Taking into consideration the right of the Accused to be present during trial, these events led the Chamber to make adjustments on how trial is to proceed in the following week.

This week, the Chamber held sessions only on Monday morning.  Parties continued the examination of Morse code operator Suon Kanil on his work and observations relating to evacuations during the DK period, without engaging in lengthy discussions on legal and procedural issues.  The Chamber adjourned after Suon Kanil concluded his testimony, because the reserve witness was hospitalized after getting involved in a vehicular accident.  Although the President informed the Parties and the public that the Court would issue a notice when it found an available witness or Civil Party to testify, no such announcement was made and no hearing was held after Monday.

This week, the Court finished hearing the testimony of Mr. Hun Chhunly and heard the complete testimonies of Witness Phan Van and Civil Party Denise Affonço.  The Court also began hearing the testimony of Mr. Suon Kanil on Friday, who will resume his testimony next week.  The examination of Witnesses Phan Van and Suon Kanil, who both served as telegram decoders in the DK period, offered a glimpse into the communication structures of the regime, especially telegram communication.  The Civil Party offered a captivating and at times heart-wrenching description of her experience under the Khmer Rouge, especially during the first and second phases of evacuation.

This week, the Trial Chamber heard the testimonies of three Civil Parties and one witness.  Civil Parties Toeng Sokha, Pech Srey Phal, and Kim Vanndy were all in Phnom Penh at the time the Khmer Rouge took over the city.  Thus, they testified on the situation in the city before, during, and immediately after the victory of the Khmer Rouge.  All Civil Parties had been evacuated from the city, and they detailed the suffering they endured from this experience.  Witness Hun Chhunly, on the other hand, lived in Battambang Province at the time of the Khmer Rouge victory.  He related some of his observations about the transfer of people to his province.  The Witness, a medical practitioner, gave more detailed testimony about the situation in the provincial hospitals, including the conditions of medical personnel and patients.

This week, the Chamber continued to hear the testimony of Civil Party Meas Saran, a nurse at Borei Keila’s medical triage unit prior to the fall of Phnom Penh who lost contact with his wife during the evacuation of the city.

This week the Chamber held a two-day hearing as Tuesday was slated for the Appeal hearing before the Supreme Court Chamber on Ieng Thirith’s unconditional release from detention. 

Returning from a week-long break in honor of the King’s coronation day and the former King’s birthday, the Court heard testimony this week from one witness, one Civil Party, and the expert medical doctor appointed to assess Ieng Sary’s medical condition and fitness to stand trial.

Returning from the break for the Pchum Ben Festival, the Trial Chamber held scheduled document hearings on Thursday and Friday. The Prosecution continued their presentation of documents from the previous week, and was followed by the Civil Parties. Although only the Nuon Chea Defense elected to present documents, all Defense Teams participated in the proceedings through vigorous objections and submissions, mostly relating to the parameters and purpose of the document hearing.

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.

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.

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.

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 figured prominently this week, as the Defense Teams challenged the manner by which the OCIJ conducted investigations.

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.

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 testimony 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. 

After the suspension of Monday’s hearing caused by Ieng Sary’s poor health, trial resumed on Tuesday with the conclusion of the testimony of Mr. Ong Thong Hoeung, an intellectual who returned to Cambodia during DK and found himself performing manual labor in re-education camps to “refashion” himself. Next, the Chamber called Mr. Suong Sikoeun, the director of information and propaganda of the Minister of Foreign Affairs (MFA), to resume his testimony.  

Suong Sikoeun, a former high-ranking official from the Ministry of Foreign Affairs (MFA), continued his testimony this week.  He provided the Trial Chamber with details of his duties in Democratic Kampuchea and his interactions with MFA Minister, the Accused Ieng Sary.  The Witness also testified on CPK practices relating to confessions and arrests of persons during DK.

Rochoem Ton alias “Cheam,” a former high-ranking cadre from the Ministry of Foreign Affairs (MFA), continued his testimony this week.  He provided details on his decision to join the revolution, the evacuation of Phnom Penh, the interaction between Office 870 and the MFA, the administration of the MFA, and Ieng Sary’s powers and duties. The Defense Teams attempted to challenge Rochoem Ton’s credibility by confronting him with statements he made in previous interviews, as well as other witnesses’ statements, that were inconsistent with his testimony.

This week saw the conclusion of the testimony of expert witness Professor David Chandler. Apart from testifying on the history of the CPK, Professor Chandler answered incisive and grueling questions on his research methodology and sources of information.  Accused Nuon Chea chose to break his silence to pose two questions on Professor Chandler.  The second Witness, Mr. Rochoem Ton, testified that he had close interactions with Pol Pot and the leaders of the CPK beginning late 1967.

After a three-week break, the Trial Chamber reconvened and heard the testimony of Professor David Chandler, an eminent scholar of Cambodian history, particularly on the Khmer Rouge regime.

The Trial Chamber heard the testimonies of two witnesses, Mr. Yun Kim and Mr. Khiev Neou, this week.  Unlike previous witnesses who were examined only on the current trial segment, both witnesses testified on all allegations in the Case 002 Closing Order within their knowledge.

This week, the Trial Chamber continued to hear the testimonies of Witnesses Mr. Sao Sarun and Mr. Khoem Ngorn. Sao Sarun was a District Secretary and, thereafter, Sector Secretary of Sector 105. Khoem Ngorn, on the other hand, worked at the Ministry of Foreign Affairs (MFA) after the fall of Phnom Penh in 1975. The Chamber also heard the testimony of a new witness, Mr. Oeun Tan, who once served as Pol Pot’s messenger and security guard. All three witnesses concluded their testimonies during the week.

This week, the Trial Chamber heard the testimony of three witnesses: Messrs. Sar Kimlomouth, Sao Sarun, and Khoem Ngorn. On Monday, 4 June, international Co- Prosecutor Mr. Tarik Abdulhak continued the examination of Witness Sar Kimlomouth, the Deputy Director of the Foreign Commerce Bank. The Civil Party Lawyers, Ms. Sin Soworn and Mr. Barnabé Nekuie, then followed and concluded with their questions that same day. Counsels for Khieu Samphan, Mr. Kong Sam Onn and, thereafter, Mr. Arthur Vercken, initiated the examination of Witness Sar Kimlomouth on Tuesday, followed by counsels for Nuon Chea, Messrs. Son Arun and Jasper Pauw. The Ieng Sary Defense, on the other hand, did not examine the Witness.

After abbreviated proceedings last week due to Ieng Sary’s illness, trial was back in full swing this week with testimonies from two witnesses. The first, TCW 487, Mr. Ny Kan, finally appeared before the Trial Chamber and started his testimony on Monday morning after waiting in the holding room last week. Ny Kan is a former cadre and the brother of KR leader Son Sen He testified on his experience as a propagandist of the revolution, the administration and communication structures in the West Zone, the “liberation” of Phnom Penh on 17 April 1975, and work at the Ministry of Foreign Affairs (MFA).

The importance of the right of the accused to be present in his trial was highlighted this week in the face of Ieng Sary’s deteriorating health. Ieng Sary was rushed to the hospital on Thursday, 17 May 2012, after experiencing severe coughing, difficulty in breathing, and dizziness.

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 proceeding marked the conclusion of the Witness’ three-day examination.

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.

This week, the Trial Chamber heard the testimony of Mr. Saloth Ban, former Secretary General of the Ministry of Foreign Affairs (MFA) of Democratic Kampuchea. The OCP, Civil Party Lawyers, the Chamber, and the Ieng Sary Defense questioned the Witness.

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.

This week, the Ieng Sary and Khieu Samphan Defense Teams examined witness Kaing Guek Eav, alias “Duch.” In a highly-charged inquiry that was fraught with numerous objections and non-responsive answers, Ieng Sary’s international counsel, Mr. Michael Karnavas, questioned Duch on his previous statements. Karnavas sought to prove that the Witness was merely a mid-level cadre who did not personally know how the leaders of Democratic Kampuchea made decisions.  Khieu Samphan’s international counsel, Mr. Arthur Vercken, aimed to show that his client had nothing to do with confessions, and that Duch’s statements relating to Khieu Samphan were either hearsay, mere assumptions, or based on information obtained from inadmissible S-21 confessions. 

Kaing Guek Eav, alias “Duch,” returned to the witness stand this week to continue his testimony, fielding questions from the Prosecution, Civil Party lawyers, Judges, and the Nuon Chea Defense.  The OCP concluded its examination on Monday’s first session and the Civil Parties used the remainder of the day and the first session on Tuesday to ask Duch additional questions in support of the OCP’s examination, delve into Ieng Sary’s involvement in the arrest of intellectuals, and inquire on specific victims.

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

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.

This week’s proceedings marked the beginning of the second phase of Case 002/01 concerning the administrative and communication structures of the Democratic Kampuchea regime. In lieu of requiring Parties to file written submissions, the Trial Chamber devoted a substantial amount of time to hearing the Parties’ arguments on the admissibility of documents.  The Chamber also heard arguments on issues relating to the right of the Accused to be physically present in court during the proceedings, regardless of the option to participate remotely at the holding cell. 

From 13 to 16 February 2012, the Trial Chamber held hearings for the Parties to present documentary evidence relevant to this segment of the trial.  The Co-Prosecutors proffered evidence on the historical background of the CPK and its policies before and after 17 April 1975, as well as documents allegedly showing the role of each of the Accused in the regime.   The Civil Party Co-Lawyers presented evidence of Khieu Samphan’s long-standing economic policies and highlighted the impact of those policies on the Civil Parties living under the regime.  The Nuon Chea Defense, on the other hand, was scheduled to present six documents, but they were limited to two documents due to a pending objection against the others.

This week’s proceedings saw the conclusion of the examination of Mr. Youk Chhang, Director of the Documentation Center of Cambodia (DC-Cam), and Mr. Nuon Chea.  Due to the non-appearance of an expert witness, Ms. Elizabeth Becker, the Chamber moved on to discuss the matter of documents put before the Chamber and the Parties.  Throughout the week, Accused Ieng Sary and Khieu Samphan exercised their right to remain silent.  Accused Nuon Chea, on the other hand, commented on some documents and requested for the original or, at the very least, a copy of the documents to enable him to identify and study the documents.

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).