• About Us
    • Staff
    • Founders
  • Featured Projects

Cambodia Tribunal Monitor

  • Trial Observer
  • Multimedia
    • Case 002 Trial Footage
    • Case 001 Trial Footage
    • Interviews & Press Conferences
    • Memory of Atrocities Project
  • Commentary
    • Expert Commentary
    • Contributor Bios
  • News
    • Articles
    • Opinion Editorials
    • Press Releases
    • ECCC Reports
    • NGO Reports
    • Resources
  • Court Filings
    • Case 001: Kaing Guek Eav (Alias “Duch”)
    • Case 002: Nuon Chea
    • Case 002: Khieu Samphan
    • Case 002: Ieng Sary
    • Case 002: Ieng Thirith
    • Case 003
    • Case 004
    • Case 004/01: Im Chaem
    • Miscellaneous Rulings
  • History
    • Cambodian History
    • Tribunal Background
    • CTM Archives

Responses to Key Documents Presentations

  • by Leonie Kijewski, LLM, Maastricht University
  • — 16 Aug, 2016

 

Today, August 16, 2016, was a short day in front of the Trial Chamber. The Khieu Samphan Defense Team responded to the key documents presentations by the Co-Prosecution and Civil Party Lead Co-Lawyers, after which a discussion was held with regards to the calling of experts.


 

All parties were present, with Nuon Chea attending the hearing from the holding cell. Trial Chamber President Nil Nonn was still absent and replaced by Judge Ya Sokhan. The floor was granted to the Khieu Samphan Defense Team to respond to the key document presentation by the Co-Prosecutors and Civil Party Lawyers. Khieu Samphan Defense Counsel Anta Guissé raised various points with regards to the key documents that had been presented by the Co-Prosecution and Civil Party representatives. As a general remark, in light of the statements read out by the Civil Party Lead Co-Lawyers, she said that “simple written statements” had little probative value. She then turned to Au Kanseng Security Center and the documents relating to the arrest of the Jarai.[1] She pointed to another portion of Chaom Se’s statement, in which he had talked about the possibility of releases of the prisoners from the security center and that Sao Saroeun was the one who had the authority to make decisions about freeing prisoner.[2] As for Phnom Kraol, she said that the Deputy Co-Prosecutor had used the book Purges in the Mondulkiri Highlands as one of their key documents. Ms. Guissé argued that there was not much information available on how the authors conducted research, and that it was clear that they also used confessions.[3] She then highlighted an interview, in which a person had said that three cadres who held positions of authority in Mondulkiri were all Lao.[4] Ms. Guissé also said that a person had distinguished different categories of prisoners at Phnom Kraol. This was important, since he was a former policeman and he had mentioned the hierarchy at the prison.[5]

As for the telegrams that the Prosecution had relied upon that they had claimed demonstrated the rule of the Center in Sector 105, Ms. Guissé submitted that this did not necessarily fulfill individual criminal responsibility as legally required, since Khieu Samphan was not mentioned or copied to in many of these telegrams.[6]

Ms. Guissé then turned to the relationship with Vietnam and argued that negotiations with Vietnam were ongoing during border conflicts because of the conflict, and not despite of. She particularly highlighted a document that indicated that it was particularly important for Democratic Kampuchea that Vietnam withdrew from three villages, and that “friendship has to be built on the principle of mutual respect”.[7]

She then said that the video that had been referred to by the Co-Prosecution six times already was shot prior to Khieu Samphan’s arrest and before he was aware of the investigations S-21.[8] Another book they had referred to submitted that Khieu Samphan had no responsibility for some purges and was not aware of them.[9] As for the book by Steven Heder, Ms. Guissé pointed out that it was dated in 1991 and that it seemed to use confessions as evidence.[10] She reminded the Chamber that Steven Heder spoke with Khieu Samphan following a press conference[11]. She also highlighted the importance of the person Ty Samon.[12] Moreover, she wanted to put the relationship between Duch, Nuon Chea and Khieu Samphan into context (as mentioned in Behind the Killing Fields by Teth Sambath). She said that Nuon Chea had indicated that Ieng Sary and Khieu Samphan were not informed of the purges, which showed that some information was not shared despite having meals together.[13]

At this point, presiding judge Ya Sokhan adjourned the hearing for a break. After the break, the President invited submissions regarding the calling of experts. On August 15, they had informed the parties that they had removed expert 2-TCE-83 from the list, since he was unavailable. This morning, the Nuon Chea Defense Team had requested in an e-mail to replace the expert. The floor was granted to the Nuon Chea Defense Team to elaborate on their position.

Nuon Chea Defense Counsel Victor Koppe explained that the segment on the nature of the armed conflict was the most important segment for the Nuon Chea Defense Team. Hence, 2-TCE-83 played a crucial role for them. He suggested to find alternatives to accommodate the expert, and suggested hearing him through video-link. If this was not possible, he suggested to find an alternative expert, for example Steven Heder. Judge Claudia Fenz interjected and asked what the additional expertise of Heder would be. Mr. Koppe explained that the broader picture had to be viewed: it was important to consider Vietnam’s ambitions as to Democratic Kampuchea and Laos, and the connection between purges, conflicts and other issues. Hence, it was crucial to fully understand the nature of the international armed conflict. The experts that had testified so far were heard on behalf of the Prosecution and none on behalf of the defense. Steven Heder had interviewed a significant number of relevant people and had written about issues in the East Zone. Additionally, Steven Morris (author of Why Did Vietnam Invade Cambodia) could be called as an expert, since he had been able to use Soviet Archives and had therefore an additional perspective on the conflict. Lastly, Mr. Koppe mentioned Philip Short as a potential expert witness.

Ms. Guissé stated that calling 2-TCE-83 did not necessarily mean that he would submit pro-defense arguments, but since he had worked with archives of Democratic Kampuchea and lived in Cambodia during this key period and heard a significant number of persons who lived in Cambodia during Democratic Kampuchea, he could provide important insights.[14] Hence, the Chamber and parties could question this person in a broader context, since his expertise was not only confined to one small area.

Co-Prosecutor Nicholas Koumjian submitted that the idea of hearing the expert via video-link was reasonable. He argued that he did not question the expertise of these experts and that the Chamber should therefore attempt to accommodate the defense’s request. International Civil Party Lead Co-Lawyer Marie Guiraud also agreed that it was reasonable to hear the expert via video-link and relied on the wisdom of the Chamber for the calling of the other experts.

With this last submission, the hearing came to an end already at 10.30 am. It will continue tomorrow, August 17, 2015, at 9 am with Civil Party 2-TCCP-1040 in relation to internal purges.

 

[1] E3/240, at 00282550 (FR), 00897667 (EN), 00001266 (KH).

[2] E3/405, answers 9 and 11; E3/60.

[3] E3/1664, at 00397615, footnote 122.

[4] E3/7703, at 00426116 (FR), 00242171 (EN), 00236746 (KH).

[5] E3/7702, at 00274825 (FR), 00236727 (KH), 00239509 (EN).

[6] E3/1192, E3/1194; E3/1118; E3/1199; E3/877; E3/1204; E3/9288; E3/1020

[7] E3/217, 11 March 1976; E3/218, at 00182653-54 (EN), 00000753-54 (KH); 00334970 (FR), 00000755 (KH), 00182656 (EN).

[8] E404/2.1 and E404/4.

[9] E109/2/3R. At 00595513 (FR), 00103891 (KH), 00103794 (EN).

[10] E3/3169, 090 (FR), 00711393 (KH), 0002760 (EN).

[11] E3/4035 and E3/4032; E1/226.1, at 10:21; E3/4032.

[12] E3/4032, at 02:26; At 06:18; E3/4035.

[13] E3/4202, at 00757520 (EN), 00858306 (KH); and 00757527 (EN), 00849427 (FR), 00858328 (KH).

[14] E3/22.

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.

  • Previous story “And Then There Was Silence”- Civil Party Remembers Execution
  • Next story Conflict Between East Zone and Southwest/West Zone Forces
  • Trial Observer

    • August 2020
    • July 2020
    • April 2020
    • March 2020
    • February 2020
    • January 2020
    • December 2019
    • November 2019
    • October 2019
    • September 2019
    • August 2019
    • July 2019
    • June 2019
    • April 2019
    • March 2019
    • January 2019
    • December 2018
    • November 2018
    • October 2018
    • August 2018
    • July 2018
    • June 2018
    • March 2018
    • February 2018
    • December 2017
    • November 2017
    • October 2017
    • September 2017
    • July 2017
    • June 2017
    • May 2017
    • March 2017
    • February 2017
    • December 2016
    • November 2016
    • October 2016
    • September 2016
    • August 2016
    • July 2016
    • June 2016
    • May 2016
    • April 2016
    • March 2016
    • February 2016
    • January 2016
    • December 2015
    • November 2015
    • October 2015
    • September 2015
    • August 2015
    • July 2015
    • June 2015
    • May 2015
    • April 2015
    • March 2015
    • February 2015
    • January 2015
    • December 2014
    • November 2014
    • October 2014
    • September 2014
    • August 2014
    • July 2014
    • June 2014
    • May 2014
    • April 2014
    • March 2014
    • February 2014
    • January 2014
    • December 2013
    • November 2013
    • October 2013
    • September 2013
    • August 2013
    • July 2013
    • June 2013
    • May 2013
    • April 2013
    • March 2013
    • February 2013
    • January 2013
    • December 2012
    • November 2012
    • October 2012
    • September 2012
    • August 2012
    • July 2012
    • June 2012
    • May 2012
    • April 2012
    • March 2012
    • February 2012
    • January 2012
    • December 2011
    • November 2011
    • October 2011
    • September 2011
    • August 2011
    • June 2011
    • May 2011
    • March 2011
    • September 2010
    • August 2010
    • July 2010
    • June 2010
    • November 2009
    • October 2009
    • September 2009
    • August 2009
    • July 2009
    • June 2009
    • May 2009

To access Trial Observer posts prior to 2013,
please visit our Archived Site.

    • Cambodia Tribunal Monitor is a consortium of academic, philanthropic, and non-profit organizations committed to providing public access to the Extraordinary Chambers in the Courts of Cambodia and open discussion throughout the judicial process.
    • Privacy Policy
    • Contact Us

    © Northwestern University School of Law Center for International Human Rights and Documentation Center of Cambodia