KRT Trial Monitoring Reporgs
Monitoring Program Update # 7
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.7,
(Week Ending May 31, 2009)
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 Update # 6
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.6,
(Week Ending May 24, 2009)
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 Update # 5
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.5,
(Week Ending May 2, 2009)
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 Update # 4
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.4,
(Week Ending April 26, 2009)
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 Update # 3
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.3,
(Week Ending April 12, 2009)
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 Update # 2
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.2,
(Week Ending April 5, 2009)
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 Update # 1
Prosecutor v Kaing Guek Eav, alias ‘Duch’ Report No.1, Initial Hearings
(February 17 – 18, 2009)
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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Lead Monitors
Yvette Lim
Aviva Nababan
Vineath Chou
Sovanna Sek
Monitors
Vineath Chou
Sibylle Dischler
Florian Hansen
Sovannith Nget
Savorn Pheak
Romana Weber
Binxin Zhang
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