Nuon Chea Makes an Exception to Boycotting Trial Until Disqualification Decision Is Issued

by Laura Fearn
— 28 Oct, 2014

Through his defence team today, with an important exception, Nuon Chea reaffirmed his stance to continue his boycott of the substantive hearings in Case 002/02, until the decision on his application filed September 29, 2014, to disqualify four judges is issued. (The forty-five page document alleges the Judges Nil Nonn, Ya Sokhan, Jean-March Lavergne and You Ottara, should be disqualified on the basis of “lack of impartiality, independence and judicial moral integrity”). Although a Special Bench has been appointed, it is not known when a decision can be expected. Nevertheless, Nuon Chea did qualify his instructions to counsel.

Son Arun and Victor Koppe’s joint press release outlines Nuon Chea’s accompanying letter of October 27, 2014, to Mr. Isaac Endeley, Head of the Defense Support Section, confirming the accused’s position as he stated in his opening statement in the trial chamber on October 17, 2014:

(a) that he instructed his lawyers to leave the courtroom,

(b) because he had “no faith” in four of the judges,

(d) that he cannot receive a fair trial from them.

Nuon Chea’s letter goes on to clarify that, although he did instruct his lawyers not to attend the trial management meeting of October 17, 2014, he has given them permission to attend the follow up meeting to be held today. He emphasizes that this exception does not change his instructions that the counsel are not to attend any substantive hearings until a decision on his application to have the four judges disqualified has been made.

Expressing “absolute faith and confidence in Son Arun and Victor Koppe…” (his national co-lawyer and international co-lawyer respectively), Nuon Chea states that he “shall not accept under any circumstances new lawyers.” If alternative counsel are appointed, he threatens not to attend court unless physical force is used to get him there.

The press and release and Nuon Chea’s letter raise more questions than they answer. Why did Nuon Chea allow the exception so that his lawyers may attend today’s trial management meeting? Was it so they could fight the appointment of any amicus curiae since this is the only new item on the agenda since the October 17 trail management meeting which the defence team boycotted? Further, the co-prosecutors’ request for amici curiae to be appointed was filed on October 22, 2014, and posted on the ECCC site on October 24, 2014. Why is Nuon Chea claiming he only received notice of the application on October 27, 2014?

Although today’s trail management meeting was held in camera, the press release herein mentions that there will be “a video of this meeting released in due course.” Cambodia Tribunal Monitor will provide a link when it becomes available.

Cambodia Tribunal Monitor’s Trial Observer posts are written according to the personal observations and opinions of the writer and do not constitute a transcript of ECCC proceedings or the views of Cambodia Tribunal Monitor and/or its partners. Official court transcripts for the ECCC’s hearings may be accessed at the ECCC website.