Searching for the Truth Issues 06
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1 Former S-21 Interrogator Spent Years Eliciting
FORMER S-21 INTERROGATOR SPENT YEARS ELICITING PRISONER CONFESSIONS BUT APPEARS UNWILLING TO CONFESS TO ANYTHING HIMSELF July 14, 2009 By Laura MacDonald, Member of the New York Bar and Consultant to the Center for International Human Rights, Northwestern University School of Law Mam Nai (back row, far left) and Duch (back row, second from right) at an unknown location in Phnom Penh. Date is unknown. Courtesy of Documentation Center of Cambodia Preliminary Issues: Joint Criminal Enterprise, Self-Incrimination, and Seating Assignments Yesterday, the Trial Chamber adjourned the proceedings early after discovering that testifying witness Mam Nai, a former interrogator at Tuol Sleng prison (S-21), was not represented by legal counsel and desired counsel but could not afford it. This disturbing discovery came about when international defense counsel Francois Roux raised his 1 concern that the witness was at great risk of self-incrimination given the prosecution’s recent submission to the Chamber that Joint Criminal Enterprise (JCE) be applied as a mode of liability in the trial of Kaing Guek Eav (alias Duch). JCE is a controversial form of criminal liability that extends equal legal responsibility to all actors in a common criminal plan. The prosecution previously represented it would not prosecute Mam at the ECCC, but this does not guarantee against prosecution in national courts, which co-prosecutor William Smith called an “extremely remote possibility.” The Chamber announced recently it will rule on the application of JCE at the same time it rules on the merits of Duch’s case; thus, it is still an open issue. -
Ggácmnmu Rmhvisambaøkñúgtulakark C M
00325546 E1/17.1 ŪĮйŬď₧şŪ˝˝ņįОď ďij Њ ⅜₤Ĝ ŪĮйņΉ˝℮Ūij GgÁCMnMuC RmHvisamBaØkñúgtulakarkm<úCa Kingdom of Cambodia Nation Religion King Extraordinary Chambers in the Courts of Cambodia Royaume du Cambodge Chambres Extraordinaires au sein des Tribunaux Cambodgiens Nation Religion Roi Β₣ðĄеĕНеĄŪņй⅜ŵřеĠР₣ Trial Chamber Chambre de première instance TRANSCRIPT OF PROCEEDINGS - “DUCH” TRIAL PUBLIC Case File Nº 001/18-07-2007-ECCC/TC 28 April 2009, 0930H Trial Day 13 Before the Judges: For the Civil Parties: NIL Nonn, Presiding HONG Kimsuon Silvia CARTWRIGHT TY Srinna YA Sokhan YUNG Phanit Jean-Marc LAVERGNE KIM Mengkhy THOU Mony Silke STUDZINSKY YOU Ottara (Reserve) Philippe CANONNE Claudia FENZ (Reserve) KONG Pisey For the Trial Chamber: Alain WERNER DUCH Phary SE Kolvuthy LIM Suy-Hong For Court Management Section: Matteo CRIPPA UCH Arun Natacha WEXELS-RISER For the Office of the Co-Prosecutors: TAN Senarong Alexander BATES PICH Sambath Stuart FORD PAK Chanlino For the Accused Person KAING GUEK EAV KAR Savuth Heleyn UÑAC 00325547 E1/17.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber - Trial Day 13 Case No. 001/18-07-2007-ECCC/TC KAING GUEK EAV 28/04/2009 Page i I N D E X WITNESSES THE ACCUSED, KAING GUEK EAV Questioning by Judge Lavergne resumes ....................................................................................... page 2 Questioning by Judge Thou Mony commences.............................................................................. page 18 Questioning by Mr. Tan Senarong commences.............................................................................. page 30 Questioning by Mr. Bates commences........................................................................................... page 40 00325548 E1/17.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber - Trial Day 13 Case No. 001/18-07-2007-ECCC/TC KAING GUEK EAV 28/04/2009 Page ii List of Speakers: Language used unless specified otherwise in the transcript Speaker Language MR. -
The Khmer Rouge Tribunal: an Ambiguous Good News Story
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
Secret Telegrams: New Witness Details Communication Structures by Mary Kozlovski
Witness Norng Sophang began his testimony at the ECCC on Wednesday. Secret Telegrams: New Witness Details Communication Structures By Mary Kozlovski On Wednesday, August 29, 2012, trial proceedings in Case 002 involving the accused Nuon Chea, Ieng Sary, and Khieu Samphan resumed at the Extraordinary Chambers in the Courts of Cambodia (ECCC). During the morning session, defense lawyers for Khieu Samphan completed their questioning of civil party Em Oeun, whose testimony was subsequently concluded. The prosecution began its examination of new witness Norng Sophang. Ieng Sary waived his direct presence in the courtroom, and followed proceedings from a holding cell. Khieu Samphan and Nuon Chea were present in court, but Nuon Chea retired to the holding cell after the morning session, citing health issues. Defense Team for Khieu Samphan Resumes Questioning of Civil Party Em Oeun International Co-Lawyer for Khieu Samphan Anta Guissé began questioning for the day by citing Mr. Oeun’s August 23 testimony, asking him to describe his functions as a student leader during the training program he attended at the Khmer-Soviet hospital1 in Phnom Penh. Mr. Oeun said that, after being appointed to the position by Chuon Choeun, he was asked to monitor trainees and act as a focal point for communication to the upper level if trainees required 1 “Russian hospital,” “Khmer-Soviet Friendship Hospital,” “Cambodia-Soviet Friendship Hospital,” “Khmer-Soviet hospital,” and “17 April Hospital” refer to the same facility in Phnom Penh. anything. When asked why he was chosen among some 1,000 trainees to be student leader, Mr. Oeun said “Ta Outh” and “Brother Khim”2 from his sector recommended him, as he had been educated at the base. -
Perspectives
perspectives The Khmer Rouge Tribunal: An Ambiguous Good News Story Milton Osborne A u g u s t 2 0 0 7 The Lowy Institute for International Policy is an independent international policy think tank based in Sydney, Australia. Its mandate ranges across all the dimensions of international policy debate in Australia – economic, political and strategic – and it is not limited to a particular geographic region. Its two core tasks are to: • produce distinctive research and fresh policy options for Australia’s international policy and to contribute to the wider international debate. • promote discussion of Australia’s role in the world by providing an accessible and high quality forum for discussion of Australian international relations through debates, seminars, lectures, dialogues and conferences. Lowy Institute Perspectives are occasional papers and speeches on international events and policy. The views expressed in this paper are the author’s own and not those of the Lowy Institute for International Policy. The Khmer Rouge Tribunal: an ambiguous good news story Milton Osborne It’s [the Khmer Rouge Tribunal] heavily symbolic and won’t have much to do with justice . It will produce verdicts which delineate the KR leadership as having been a small group and nothing to do with the present regime. Philip Short, author of Pol Pot: anatomy of a nightmare, London, 2004, quoted in Phnom Penh Post, 26 January8 February 2007. Some ten months after it was finally inaugurated in July 2006, and more than twentyeight years after the overthrow of the Democratic Kampuchean (DK) regime led by Pol Pot, the Extraordinary Chambers of the Courts of Cambodia (ECCC), more familiarly known as the Khmer Rouge Tribunal, has at last handed down its first indictment. -
Hun Sen, the UN, and the Khmer Rouge Tribunal
UCLA UCLA Pacific Basin Law Journal Title Not Worth the Wait: Hun Sen, the UN, and the Khmer Rouge Tribunal Permalink https://escholarship.org/uc/item/4rh6566v Journal UCLA Pacific Basin Law Journal, 24(1) Author Bowman, Herbert D. Publication Date 2006 DOI 10.5070/P8241022188 Peer reviewed eScholarship.org Powered by the California Digital Library University of California NOT WORTH THE WAIT: HUN SEN, THE UN, AND THE KHMER ROUGE TRIBUNAL Herbert D. Bowman* I. INTRODUCTION Between 1975 and 1979, the Khmer Rouge killed between one and three million Cambodians.1 Twenty-four years later, on March 17, 2003, the United Nations and the Cambodian govern- ment reached an agreement to establish a criminal tribunal de- signed to try those most responsible for the massive human rights violations which took place during the Khmer Rouge reign of terror. 2 Another three years later, on July 4, 2006, international and Cambodian judges and prosecutors were sworn in to begin work at the Extraordinary Chamber in the Courts of Cambodia ("ECCC"). 3 To quickly grasp the Cambodia court's prospects for success, one only need know a few basic facts. First, the jurisdiction of the court will be limited to crimes 4 that took place between April 17, 1975 and January 6, 1979. * Fellow of Indiana University School of Law, Indianapolis Center for Inter- national & Comparative Law. Former International Prosecutor for the United Na- tions Mission to East Timor. The author is currently working and living in Cambodia. 1. Craig Etcheson, The Politics of Genocide Justice in Cambodia, in INTERNA- TIONALIZED CRIMINAL COURTS: SIERRA LEONE, EAST TIMOR, Kosovo AND CAM- BODIA 181-82 (Cesare P.R. -
KRT TRIAL MONITOR Case 002 ! Issue No
KRT TRIAL MONITOR Case 002 ! Issue No. 32 ! Hearing on Evidence Week 27 ! 13-16 August 2012 Case of Nuon Chea, Khieu Samphan and Ieng Sary Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center …Let me apologize to the Cambodians who lost their children or parents. What I am saying here is the truth. And I personally lost some of my relatives, aunts and uncles. And for those brothers in their capacity as leaders, they also lost relatives and family members. - Witness Suong Sikoeun I. OVERVIEW* 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 expounded on the MFA, FUNK and GRUNK, and Pol Pot’s role in DK. Giving due consideration to his frail health, the Trial Chamber limited his examination to half-day sessions. To manage the time efficiently, reserve witness Ms. Sa Siek (TCW-609), a cadre who worked at the Ministry of Propaganda during the regime, commenced her testimony. Sa Siek focused on the evacuation of Phnom Penh, the structure of the Ministry of Propaganda, and DK radio broadcasts. Procedural issues arose during the hearing on Wednesday, when the Trial Chamber issued unclear rulings on the introduction of documents to witnesses. -
Document Procedure Debated As New Witness Takes the Stand by Mary Kozlovski
Document Procedure Debated as New Witness Takes the Stand By Mary Kozlovski On Wednesday, August 15, 2012, trial proceedings in Case 002 involving the accused Nuon Chea, Ieng Sary, and Khieu Samphan resumed at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Witness Suong Sikoeun – an intellectual who returned to Cambodia from abroad during the Khmer Rouge period – continued his testimony today with questioning from lawyers for Nuon Chea and Ieng Sary. Witness Sa Siek began her testimony before the Trial Chamber, when she was questioned in the afternoon by the prosecution. Ieng Sary observed the day’s proceedings from a holding cell, while Nuon Chea retired to a holding cell after the morning session. Nuon Chea Defense Resumes Examination of Suong Sikoeun International Co-Lawyer for Nuon Chea Jasper Pauw began the day’s questioning of witness Suong Sikoeun by again referring to a telegram from the United States embassy in Phnom Penh to the U.S. State Department in Washington, D.C., in September 1971. Mr. Pauw quoted from Mr. Sikoeun’s August 8 testimony that FUNK (National United Front of Kampuchea) was a political organization with a central committee and a politburo of the central committee, of which Pen Nouth was chairman. In response to a query from Mr. Pauw, Mr. Sikoeun confirmed that Keat Chhon was a candidate member of the FUNK politburo in 1971. Mr. Pauw said Keat Chhon was one of several people with asterisks next to their names who, according to the telegram, had been “dared by Prince Sihanouk to form a government” in the 1960s. -
Ggácmnmucrmhvisambaøkñú
01065520 E1/259.1 ŪĮйŬď₧şŪ˝˝ņįО ď ďijЊ ⅜₤Ĝ ŪĮйņΉ˝℮Ūij GgÁCMnMuCRmHvisamBaØkñúgtulakarkm <úCa Kingdom of Cambodia Nation Religion King Extraordinary Chambers in the Courts of Cambodia Royaume du Cambodge Chambres Extraordinaires au sein des Tribunaux Cambodgiens Nation Religion Roi Β₣ðĄеĕНеĄŪņй⅜ŵřеĠР₣ Trial Chamber Chambre de première instance TRANSCRIPT OF TRIAL PROCEEDINGS PUBLIC Case File Nº 002/19-09-2007-ECCC/TC 9 February 2015 Trial Day 240 Before the Judges: NIL Nonn, Presiding The Accused: NUON Chea YA Sokhan KHIEU Samphan Claudia FENZ Jean-Marc LAVERGNE YOU Ottara Lawyers for the Accused: Martin KAROPKIN (Reserve) Victor KOPPE THOU Mony (Reserve) SUON Visal KONG Sam Onn Anta GUISSÉ Trial Chamber Greffiers/Legal Officers: SE Kolvuthy Roger PHILLIPS Lawyers for the Civil Parties: Marie GUIRAUD LOR Chunthy For the Office of the Co-Prosecutors: VEN Pov Nicolas KOUMJIAN SENG Leang Dale LYSAK For Court Management Section: UCH Arun SOUR Sotheavy 01065521 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 I N D E X MS. ELIZABETH BECKER (2-TCE-97) Questioning by the President .......................................................................................................... page 3 Questioning by Judge Lavergne ................................................................................................... page 10 Questioning by Mr. Seng Leang ................................................................................................... page 66 Questioning by Mr. Koumjian ........................................................................................................ page 82 Page i 01065522 E1/259.1 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 240 Case No. 002/19-09-2007-ECCC/TC 9/02/2015 List of Speakers: Language used unless specified otherwise in the transcript Speaker Language MS. BECKER (2-TCE-97) English MR. -
The Emergence of Cambodian Women Into the Public
WOMEN WALKING SILENTLY: THE EMERGENCE OF CAMBODIAN WOMEN INTO THE PUBLIC SPHERE A thesis presented to the faculty of the Center for International Studies of Ohio University In partial fulfillment of the requirements for the degree Master of Arts Joan M. Kraynanski June 2007 WOMEN WALKING SILENTLY: THE EMERGENCE OF CAMBODIAN WOMEN INTO THE PUBLIC SPHERE by JOAN M. KRAYNANSKI has been approved for the Center for International Studies by ________________________________________ Elizabeth Fuller Collins Associate Professor, Classics and World Religions _______________________________________ Drew McDaniel Interim Director, Center for International Studies Abstract Kraynanski, Joan M., M.A., June 2007, Southeast Asian Studies WOMEN WALKING SILENTLY: THE EMERGENCE OF CAMBODIAN WOMEN INTO THE PUBLIC SPHERE (65 pp.) Director of Thesis: Elizabeth Fuller Collins This thesis examines the changing role of Cambodian women as they become engaged in local politics and how the situation of women’s engagement in the public sphere is contributing to a change in Cambodia’s traditional gender regimes. I examine the challenges for and successes of women engaged in local politics in Cambodia through interviews and observation of four elected women commune council members. Cambodian’s political culture, beginning with the post-colonial period up until the present, has been guided by strong centralized leadership, predominantly vested in one individual. The women who entered the political system from the commune council elections of 2002 address a political philosophy of inclusiveness and cooperation. The guiding organizational philosophy of inclusiveness and cooperation is also evident in other women centered organizations that have sprung up in Cambodia since the early 1990s. My research looks at how women’s role in society began to change during the Khmer Rouge years, 1975 to 1979, and has continued to transform, for some a matter of necessity, while for others a matter of choice. -
Tuol Sleng and Prey Sar Prisons – Ieng Sary – Son Sen – Child Soldiers 7 October 2011
Country Advice Cambodia Cambodia – KHM39355 – Khmer Rouge – Tuol Sleng and Prey Sar Prisons – Ieng Sary – Son Sen – Child soldiers 7 October 2011 1. Please provide information relating to the fall of Pol Pot and the Khmer Rouge in Cambodia, as well as any current activity of the Khmer Rouge in Cambodia. For detailed background information regarding Pol Pot and the Khmer Rouge, please refer to MRT Research Response KHM35674 of 24 November 2009.1 The Cambodia Tribunal Monitor website provided the dates of key events regarding Pol Pot and the Khmer Rouge and its demise, summarised thusly: April 17, 1975: Khmer Rouge take full control of Phnom Penh 1976: Creation of Democratic Kampuchea Late 1977: Clashes between Cambodia and Vietnam December 1978: Vietnamese troops enter Cambodia January 7, 1979: Vietnamese troops take Phnom Penh; Khmer Rouge leaders flee west into Thailand, establish new base 1979-1990: United Nations continue to recognise Khmer Rouge as legitimate government 1982: Khmer Rouge form shadow government; Vietnam installs regime in Phnom Penh 1990: Vietnam withdraws from Cambodia 1993: Khmer Rouge continue insurgency against new government 1998: Pol Pot dies; Senior Khmer Rouge leaders defect March 1999: Remaining Khmer Rouge leaders captured 1999: Collapse of Khmer Rouge movement after entire leadership structure defects, dies, or is arrested.2 1 MRT Research Response 2009, Research Response KHM35674, 24 November <Attachment> 2 „Timeline of the Khmer Rouge‟s Rise and Fall From Power‟ (undated), Cambodia Tribunal Monitor website http://www.cambodiatribunal.org/history/chronology-khmer-rouge-movement – Accessed 30 September 2011 <Attachment> Page 1 of 10 No information was located to indicate that the Khmer Rouge is currently active. -
CLOSING ORDER Indicting Kaing Guek Eav Alias Duch
ŪĮйŬď₧şŪ˝˝ņįОď ď ⅜₤Ĝ ŪĮйņΉ˝℮Ūij Kingdom of Cambodia Nation Religion King Β₣ðĄеĕНеĄŪņй⅜ņŃň˝ĖО₣ijНŵŁũ˝ņįОď Extraordinary Chambers in the Courts of Cambodia ŁũЋŗŲњŎ₤΅ЮčŪ˝ņЮ₤ĠΒЮ₣НЧ ˛ij Office of the Co-Investigating Judges Bureau des Co-juges d’instruction ₤е‗НеЮũЩ₣ŪĮ΅Ŋ◦‗Ź řŁĠŃБ ąС ĕЮũЩ₣ЮĉĄеĕНеĄŪņй Criminal Case File /Dossier pénal Łе₣ Ю΅ð˝Ζпŷ ЮΊ űНş ЮŲŠ/No: 002/14-08-2006 CLOSING ORDER indicting ЮŲŠЮ₤НЧĠ₤Уũ/ Investigation/Instruction Kaing Guek Eav alias Duch ЮŲŠ/No: 001/18-07-2007-ECCC-OCIJ ORDONNANCE DE RENVOI Kaing Guek Eav alias Duch PUBLIC REDACTED VERSION We, You Bunleng ŎР ĠпНĕЮΌ₣ and Marcel Lemonde, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC), Noting the investigation opened against: Kaing Guek Eav Łе₣ Ю΅˝ð Ζпŷ alias Duch űНş, male, born on 17 November 1942, Charged with Crimes Against Humanity and Grave Breaches of the Geneva Conventions of 12 August 1949, offences defined and punishable under Articles 5, 6, 29 (New) and 39 (New) of the Law on the establishment of the Extraordinary Chambers, dated 27 October 2004, PURL: https://www.legal-tools.org/doc/161506/ Detained (the Order of Provisional Detention dated 31 July 2007 and the Order on Extension of Provisional Detention dated 28 July 2008), Civil Parties: [28 Civil Parties] Noting the Separation Order of the Co-Investigating Judges dated 19 September 2007, Noting the Final Submissions of the Co-Prosecutors dated 18 July 2008, Noting the Reply of the Defence dated 24 July 2008, Consider that the investigation has revealed the following facts: INTRODUCTION 1.