The Court Report July 2009 The Extraordinary Chambers in the Courts of Cambodia Moving Forward Through Justice In this issue th Welcome to the 15 edition of the Court Report. This newsletter is published monthly in an effort to keep the public better informed about 2 News and Notes what is happening at the ECCC. Judicial Updates 3 In the Judicial section, updates from the Pre-Trial Chamber, the Trial Public Information & Chamber, the Supreme Court Chamber, the Office of the Co-Prosecutors 6 Outreach and the Victim’s Unit are included. 7 Court Calendar In the Public Information & Outreach section, information on free 8 NGO Page transportation to the ECCC is provided. 9 Outreach Calendar The NGO page has an overview of a forum on “Understanding the Khmer Rouge” which was hosted on 28 June by the Youth Development Resource 10 Find Out More Program (YRDP). As usual, we have included calendars with upcoming Court and Outreach Information. The Court Report: Issue 15 1 News & Notes New ECCC Spokeswoman: Yuko Maeda On Monday, 27 July 2009 the Public Affairs Secti on welcomed Japanese national Yuko Maeda as the new Public Affairs Officer. As a former business editor for the Cambodia Daily, Yuko first moved to Cambodia in 1998. IN 2002, she created an NGO called “Women Against Silence,” directed toward foreign victims of rape in Cambodia providing them with information regarding local resources for both legal and medial aide. In 2005 and 2006, Ms. Maeda worked as a Public Information Officer in the Publications Unit at the United Nations Mission in Liberia (UNMIL), which is a peacekeeping mission that was established in 2003 by an UN Security Council resolution. In this position, she oversaw the publication of mission information in the UNMIL Focus magazine and UNMIL Today, an internal newsletter. For the past few years, Yuko has been studying in the UK where she received a Masters in International Peace Studies. Villagers from Dei Eth commune waiting at the court to view the substantive hearing “I am so glad to be back here in Cambodia. This is a great opportunity for me to give back and contribute to a country that has given me so much. I am excited to be helping to create a new Cambodia and to ensure that this tribunal ECCC Visitor Attendance will be a fair trial.” Landmarks in Case 001 Total Hearing Dates Visitors (Weekly) On Wednesday, 22 July 2009, the ECCC welcomed it’s (Weekly) 12,000 th visitor, Mrs. Ork Meach, to watch the substantive 30/03/09 - 01/04/09 1176 hearings in Case 001 against Kaing Guek Eav, alias Duch. 06/04/09 - 09/04/09 623 20/04/09 - 23/04/09 642 Mr. Reach Sambath, Chief of Public Affairs, greeted her with 27/04/09 - 30/04/09 742 an ECCC T-shirt and hat. She had traveled to the court from 18/05/09 - 21/05/09 575 the Santuk district in Kompong Thom province. The group 25/05/09 - 28/05/09 560 08/06/09 - 10/06/09 415 left at 3:00 am to make the 150 km drive to Phnom Penh. 15/06/09 - 17/06/09 621 Monday , 27 July 2009 marked the 50 th day of the substantive hearings in Case 22/06/09 - 25/06/09 860 001 since it commenced on 30 March 2009. 29/06/09 - 02/07/09 1899 06/07/09 - 09/07/09 1553 Thus far, two experts, eleven fact witnesses and seven Civil Parties have given 13/07/09 - 16/07/09 1504 testimonies before the Trial Chamber. An additional seven fact witnesses, one 20/07/09 - 22/07/09 1301 27/07/09 – 28/07/09 1094 expert and 20 Civil Parties are scheduled to give testimonies until 26 August which is the period currently scheduled by the Trial Chamber. Grand Total as of Wednesday, 13565 “I am reflecting on the recent week's events at the Court. The Trial has been 28 July 2009 observed by a large number of audiences,” said H.E. Kranh Tony, Director of the Office of Administration. “People realize that this court is their court and they have right to be involved.” The Court Report: Issue 15 2 Judicial Updates In June 2009, the Trial Chamber rendered Accused’s rights by the Cambodian Pre-Trial Chamber two written decisions. The first of these, Military Court are therefore not the Chamber’s Decision on Protective attributable to the ECCC, the On 26 June 2009, the Pre -Trial Chamber Measures for Civil Parties of 2 June 2009, international case law indicates that an rendered its decision in relation to Ieng was described in the previous Court international tribunal should nevertheless Sary’s appeal against the Co-Investigating Report. consider the legality of an Accused’s prior Judges’ Order on Extension of Provisional detention. The Chamber identified Detention. This decision followed On 15 June 2009, the Chamber rendered several irregularities in the Accused’s hearings held on 26 February 2009 and 2 its Decision on Request for Release. The detention before the Military Court, in Accused had sought provisional release April 2009. In this decision, the Pre-Trial violation of the Cambodian domestic law for the duration of the trial, subject to Chamber declared the appeal admissible, applicable at the time and of his any conditions imposed by the Trial confirmed the provisional detention order internationally-recognized right to a trial Chamber. The Chamber denied this of the Office of the Co-Investigating within a reasonable time and detention in Judges and dismissed the appeal. request, finding that the Accused’s accordance with the law. The Chamber continued provisional detention was concluded that in the event of conviction, During June 2009, the Chamber also justified with respect to flight risk, the the Accused is entitled to credit for time issued three further Orders and Directions need to preserve public order and to served in detention, both under the to the Parties in relation to the ensure his security. Detention was also authority of the ECCC since 31 July 2007 management of other matters before the justified by the need to ensure the and under the authority of the Military Chamber. Accused’s presence during trial. His Court between 10 May 1999 and 31 July continued detention is also proportionate Trial Chamber 2007. These periods will be credited to to the gravity of the crimes for which he the Accused in relation to any sentence is accused. imposed. During the reporting period, the Trial The Accused further contended that his In addition to credit for time served, the Chamber continued trial proceedings in prior detention before the Cambodian Chamber further found the Accused to be the case against Kaing Guek Eav (alias Military Court was unlawful, with his entitled to a remedy for the violation of Duch). This trial, which is the first before detention before the ECCC being his rights by the Military Court. The the ECCC, commenced on 30 March effectively a continuation of that Chamber deferred the question of the 2009. detention. The Chamber held that nature of this remedy to the sentencing although the ECCC was established within Between 8-30 June 2009 (a period stage, if applicable. In the event he is the existing Cambodian court structure, acquitted, the Accused would instead be encompassing trial days 24-36), the the ECCC is a separately constituted, Accused was questioned by the Trial entitled to pursue remedies available independent and internationalized court Chamber and the parties in relation to the within Cambodian national law in relation that was designed to stand apart from implementation of Communist Party of to any violations of his rights whilst in Cambodian courts. Proceedings against Kampuchea (CPK) policy at S-21, the the custody of the Cambodian Military the Accused before the ECCC are not armed conflict in Democratic Kampuchea, Court. merely a continuation of the proceedings the functioning of S-21 and Choeung Ek, against him before the Military Court. The Chamber also heard submissions and methods of torture at S-21, and the Although violations of Cambodian courts. rendered two oral decisions in relation to operation of S-24 detention facility (also Proceedings against the Accused before a number of procedural and trial known as Prey Sar). On 30 June 2009, the ECCC are not merely a continuation of management issues during the reporting the Chamber heard the first of the the proceedings against him before the period. survivors of S-21, Vann Nath. Military Court. Although violations of the The Court Report: Issue 15 3 Office of the Co- Prosecutors Legal Work: In June 2009, the OCP continued its participation in the judicial investigation and the appellate proceedings in Case File No. 002 in which charged persons DUCH, KHIEU Samphan, IENG Sary, IENG Thirith and NUON Chea are being investigated. Trial Proceedings: The OCP accelerated its trial preparation in The public viewing gallery at the ECCC during the substantive hearing in Case 001 Case File No. 001 that deals with the Khmer Rouge’s S-21 Security Centre in complete. While the International Co - INFORMATION ON THE WEB: Phnom Penh. The substantive trial Prosecutor filed his Statement of commenced on 30 March and is ongoing. Disagreement on 1 December 2008, the On 8 June, the OCP filed an application National Co-Prosecutor filed her The ECCC before the Trial Chamber for the Response on 29 December 2008. website application of Joint Criminal Enterprise Notwithstanding the disagreement, the (JCE) as a mode of liability in this case. www.eccc.gov.kh Co-Prosecutors have been and shall Analysis: continue to work together, in all their cases, to ensure that justice is rendered Amongst many other activities, the OCP The UNAKRT to the victims of the Khmer Rouge.