NOVEMBER 2015 / Issue 91
The Court Report
The Extraordinary Chambers In this issue in the Courts of Cambodia Moving forward through justice News & notes 1-2
Eploring Justice at the ECCC 2-3
Khieu Samphan and Nuon Chea appear before the ECCC during the Appeal Hearings on 17 Nobember (Photo credit: ECCC) Supreme Court Chamber adjourns dur- ing Appeal Hearings for Case 002/01
The Supreme Court Chamber decided to Koppe. Inter alia, he issued the following adjourn on Tuesday, 17 November, during regarding his instructions to his lawyers: the Appeal Hearings in Case 002/01 follow- Judicial Updates 3-7 ing Nuon Chea’s instruction that his inter- “Following a discussion with me, my in- national and national lawyers, Mr. Victor ternational lawyer Victor Koppe is not par- ticipating in these hearings. I will also leave Koppe and Mr. Son Arun, not participate in Decisions/orders 7 the proceedings. these proceedings once I have finished making my comments and I would also like In the beginning of the hearing, Mr. to instruct my national lawyer Mr. Son Arun Nuon Chea was given permission by the not to participate in these proceedings any Supreme Court judges to make a remark further and not to respond to any kind of ECCC outreach 8 on his appeal, ostensibly to explain the ab- questions by the judges or the other par- sence of his international co-lawyer, Victor ties. We choose instead to rest on the argu- Continued to page 2 Contact information 9 2 News & notes News & Notes / Judicial Updates 3
Continuation from page 1 Continuation from page 2 ments made in my appeal brief.” Samphan and Nuon Chea, the two accused in Case 002/01, are 84 and 89 years old, respec- Chea also criticized the proceedings and tively. Our respondents shared the belief that judgement in Case 002/01 which sentenced the value of these trials is beyond the identity him to life imprisonment. He claimed that of the people put on trial. In one of the stu- his rights as an Accused had been violated dent’s words, “Judging the most responsible on multiple occasions. people for the Cambodian Genocide in a fair and open trial teaches the Cambodian youth Chea cited the refusal of his team’s re- that justice will always be met despite one’s quest to call Heng Samrin and filmmakers age”. Rob Lemkin and Thet Sambath as witnesses as evidence of the purported violations. He Because proceedings in the ECCC’s hybrid stated that allowing these witnesses would tribunal have stretched over an extended pe- “confirm that Vietnam attempted a coup riod of time, the ECCC has been subjected to d’etat during the Democratic Kampuchea heavy criticism. However, success, like justice period.” As a result of these and other per- is a relative term. The fact that more than ceived injustices, Nuon Chea claimed that 180,000 people have attended public hearings “The outcome of the appeal is now irrele- held at the ECCC and at least 4,800 people vant to me.” have applied to become civil parties in cas- Although warned by the court that his es under investigation speak volumes to the the refusal to participate in the proceed- court’s popular influence. And while the cost ings could amount to contempt of court or has been huge, we are effectively a step closer obstruction of justice, counsel Son Arun A group of all ages and professions attends an outreach tour in Battambang Province held by DIM Sovannarom. (Photo Credit: ECCC) to closure than we’d be if nothing had hap- did not return to the courtroom after the pened. morning recess. In the absence of Mr. Chea’s Chief of Public Affairs DIM Sovannarom gives a lecture on the ECCC at Beltei University on 13 November. (Photo Credit: ECCC) counsel, the court heard the parties - Inter- Exploring transgenerational justice national Civil Party Lead Co-Lawyer Marie Judicial Updates Guiraud and International Co-Prosecutor or statements before testifying and asking wit- statements before testifying and to be asked Nicholas Koumjian who argued that the at the ECCC nesses to confirm the accuracy of their prior questions to confirm the accuracy of their presence of the Accused within the ECCC’s Supreme Court Chamber statements. The Trial Chamber reminded the prior statements at the beginning of their tes- premises was sufficient for hearings to pro- Trauma can be transferred across genera- years between 1975 and 1979 were to the Parties that under the ECCC legal framework, timony, which conforms to the ECCC’s legal ceed as scheduled, and again recessed to tions. Whether it is the experience of a disap- Cambodians. It was then and under the Khmer The Supreme Court Section has not yet most individuals are provided with copies of framework. The Trial Chamber reminded the deliberate. As the proceedings resumed, Mr. pointment or a response to a shared societal Rouge regime that nearly 2 million Cambo- submitted a judicial update. their statements at the time they are made Parties that they should not repetitively or- ex Son Arun returned to the courtroom and re- suffering such as mass deportations and gen- dians died and some of the most gruesome and that Civil Parties (and their lawyers) have tensively read from such statements in court mained silent as Supreme Court Chamber ocide, legacies are often passed through psy- crimes against humanity were perpetrated, the right to obtain their prior statements. The and should only refer to prior statements for president Kong Srim gave a brief summary of chological cues and anxieties are transferred including unlawful imprisonment, enslave- Trial Chamber Trial Chamber found that providing witnesses limited purposes such as clarifying or supple- the morning’s proceedings and announced from one generation to the next through sto- ment, political and cultural persecution,- tor with their prior statements before they ap- menting the information in the statements, The Trial Chamber sat for 6 hearing days in the decision to adjourn and seek the stand- ries told. But just like trauma, healing and jus- ture and inhumane treatment, displacement pear in court is consistent with international refreshing a witness or Civil Party’s memory October, during which it heard 4 witnesses on by counsel for Noun Chea. tice are also transferrable from adult to young. as well as mass killings. Young Cambodians are practice and reaffirmed that, under the ECCC and testing the credibility of a witness or Civil Trapeang Thma Dam worksite and the treat- The PAS team separately interviewed a group more likely to have learned about the Khmer legal framework, there is no requirement for Party. ment of the Cham and Vietnamese. Two days after the adjournment, Mr. of high school students from the Kampong Rouge regime from their elders who experi- Civil Parties to take an oath before appearing Son Arun issued a response to the oral de- Thom province and another group of senior enced the suffering first-hand. All high school before the Trial Chamber. Also on 20 October, the Trial Chamber is- On 7 October, the Trial Chamber notified cision,stating, “Due to warning from the citizens from Kampot, both of which - recent students who were interviewed attested to sued Amended Guidelines on the Use of Writ- the Parties that there would be no trial hear- Chamber,I decided to return to the court- ly visited the Court as part of its outreach being related to victims and/or survivors of Also on 9 October, in order to facilitate ten Records of Interview (WRIs) from Cases ings during the week 19-22 October 2015 im- room in the afternoon session and continue efforts into Cambodia’s provinces, to assess the Khmer Rouge regime to the third degree. tracking of admitted new documents, the Trial 003 and 004. Having been alerted to apparent mediately following the Pchum Ben recess. to follow my client’s instruction not to re- the shared perspectives of trauma and justice In other words, their grandparents suffered at Chamber decided to reinstitute its prior prac- violations of its 29 December 2014 Order on The Trial Chamber found that an adjournment spond to questions.However, the Chamber from senior citizens to the Cambodian youth. the hands of the Khmer Rouge. tice of allocating E3 numbers to new docu- the use of WRIs from Cases 003 and 004, the was necessary based upon the requests of the ignored my presence and did not give me ments which are admitted pursuant to Internal Chamber decided that the only way to ensure Parties to be given additional time to prepare an opportunity to speak despite me having Unlike the ICTR which was established Both young and old echoed the Court’s Rule 87(4). that the Order is respected in its entirety is for the appeal hearings in Case 002/01 and to requested to do so. Instead, it ruled that my around 5 months after the Rwandan geno- aim and interest in civil party participation and to hear witnesses and Civil Parties who have permit the Trial Chamber to finalise decisions act might constitute misconduct which could cide and the ICTY established 2 years after commended the public nature of the hearings. On 20 October, the Trial Chamber reject- been interviewed in Cases 003 or 004 in closed on a number of pending motions from the lead to disciplinary sanctions… even though the end of the Yugoslav Wars and the events To them, telling the stories as the witnesses ed the Joint Defence Team Request to revisit session. Further, where a Party seeks to ques- Parties prior to continuing to hear further wit- Mr. Nuon Chea and I clearly explained the in Srebrenica, the Khmer Rouge Tribunal was and the civil parties do allows the voice of the certain practices related to statements. The tion a witness or Civil Party who has not been nesses. reasons.” established 18 years after the events and the Cambodian people to contribute to justice in NUON Chea and KHIEU Samphan Defence interviewed in Case 003 or 004 with a state- first trial against Kang Kek Iew aka Comrade the legal proceedings. Speaking with student Teams had requested that the Trial Chamber ment from those cases, the Party shall reserve Despite a declaration of Mr. Son Arun On 9 October, the Trial Chamber issued Duch began almost exactly 30 years after the group revealed a burgeoning desire to voice adopt the directions issued by the Supreme all such questions until the end of their allo- that he will attend the future appeal hear- the full reasons for its 2 February oral ruling end of the Cambodian genocide. Throughout their own opinions. Despite having only sec- Court Chamber concerning the conduct of its cated time, when the hearing will move into ings in Case 002/01, the Supreme Court dismissing the NUON Chea Defence Request those years, a contemporary and much young- ond-hand information about the genocide July 2015 appeals hearing on the use of prior closed session. The Chamber ordered that the Chamber pursued its decision to seek stand- Regarding Certain Trial Chamber Practices. er Cambodia has grown. It is this younger gen- perpetrated in their nation, they envision a statements. The Trial Chamber found that the confidential information disclosed in public by counsel for Mr. Nuon Chea. The Trial Chamber found that no new relevant eration that comprises many ECCC’s visitors peaceful Cambodia similar to the pre-1975 Supreme Court Chamber’s issuance of direc- session be redacted from the public transcript Cambodian society. facts or circumstances had been identified After the court has found adequate legal who want to learn about the darkest chapter tions for the conduct of its own appeal hear- of the hearings. which would warrant departure from the Trial representation for Nuon Chea, specific dates in their country’s history. ings is not a persuasive reason for the Trial The issue of time looms over everyone Chamber’s established practice of permitting for the resumption of the Appeal Hearings Chamber to abandon its established practice On 22 October, addressing the KHIEU Sam- but the Cambodians have not lost hope. Khieu witnesses and Civil Parties to review their pri- on Case 002/01 will be announced. There is no denying how traumatic the of permitting witnesses to review their prior phan Defence Motion Regarding the Co-Pros- Continued to page 3
Every month, each section of the Extraordinary Chambers in the Courts of Cambodia compiles a summary of its activities to inform the general public on the latest developments of the court. The following are updates from each section on the activities of October 2015. For public decisions and orders, please refer to page 8. 4 Judicial updates Judicial updates 5
ecutors’ Disclosure Obligations, the Trial Defence Support Section Chamber found that the Co-Prosecutors have Trial Proceedings in Case 002/02 a continuing obligation to disclose to the De- In addition to participating in the trial hear- fence exculpatory evidence comprised of any ing in Case 002/02, the Nuon Chea Defence material that in the actual knowledge of the filed a motion requesting the Trial Chamber Co-Prosecutors may suggest the innocence or to expedite the appearance of Ewa TABEAU to mitigate the guilt of the Accused or affect the give testimony at the end of the trial segment credibility of inculpatory evidence. The Trial regarding the treatment of the Vietnamese on Chamber directed the Co-Prosecutors to dis- the relevant demographic issues, in particular close to the Trial Chamber and the Case 002 the demographic issues in relation to the Viet- Parties exculpatory evidence from Cases 003 namese and the Cham. and 004 on a continuing basis until the com- pletion of Case 002/02. The Trial Chamber fur- In October, Khieu Samphân’s Defence ther directed the Co-Prosecutors to disclose prepared the trial hearings for which they the Case 003 and 004 statements of all indi- filed an urgent motion requesting additional viduals who have been proposed to testify in time, and continued to attend the hearings. Case 002/02. The Trial Chamber reserved its They also filed a submission requesting to re- ruling on whether future requests for adjourn view the amended modalities on how to use ments to the proceedings to review disclo- the procès-verbaux of hearings in Cases 003 sures are merited. and 004. They consider that these modalities (closed sessions) are disproportionate and vi- Also on 22 October, the Senior Legal Of- olate the right of Khieu Samphân to a public ficer of the Trial Chamber requested access trial. to two confidential documents from the Su- preme Court Chamber filed as part of the Case Appeal Proceedings in Case 002/01 002/01 appeals proceedings: the NUON Chea The Nuon Chea Defence replied to the re- Defence Submission on Robert Lemkin’s Tran- sponses by the Co-Prosecutors and the Civil scripts and the Significance of the “Rift” within Party Lead-Co-Lawyers respectively to Nuon the CPK; and the Co-Prosecutors’ Response to Chea’s Sixth Request for additional evidence. the same. Further, the Nuon Chea Defence, at the re- Muslim villagers from the Kampot Province visit the Extraordinary Chambers in the Courts of Cambodia on 12 November 2015. In addition to receiving an informtional tour of the court, the villagers learned about ongoing testimonies on the treatment of the Cham. (Photo Credit: ECCC) quest of the Supreme Court Chamber, filed its Further on 22 October, noting the Su- written submissions on the admissibility of the preme Court Chamber Decision of 21 Octo- transcripts of certain interviews conducted by Robert Lemkin, and on the significance of ber 2015 (F2/9) indicating that no additional with two Annulment Applications (PTC 03/20), ing Order Or Portions Thereof If Necessary” The supplementary information and civil the ‘rift’ between various factions within the witnesses will be called on appeal in Case and another appeal against the International (PTC 03/27). party applications in Cases 003 and 004, which Case 002/02 CPK to the relevant issues in Case 002/01. Fol- 002/01, the Trial Chamber granted the Parties Co-Investigating Judge Harmon’s Decision on At the end of October 2015, the Chamber presently total in excess of 2,345, are progres- Trial hearings continued in October, with a lowing the response by the Co-Prosecutors to one additional week to prepare for the appeal a Motions to Strike the Supplementary Sub- remained seised of ten appeals and motions sively being placed on the case files. Their recess for the Pchum Bren festival. The Court Nuon Chea’s submissions on the significance hearings in Case 002/01, scheduled for 16-18 missions (PTC 03/25). The decisions on these relating to the investigations in cases 003 and evidentiary value is subjected to a thorough heard a number of witnesses in relation to the of the ‘rift’, the Nuon Chea Defence filed a re- November. Following the request of the KHIEU cases will be notified in due course. 004. scrutiny by analysts, investigators and legal segment dealing with treatment of the Cham. ply expressing its disappointment at the lack Samphan Defence Team and submissions of officers, to assess their admissibility and rele- Additionally, both Co-Prosecutors respond- of genuine engagement by the Co-Prosecutors the Parties during the proceedings on 26 Oc- The Chamber continued its deliberations vance to both case files. ed to Nuon Chea’s request to call additional in the discussion of the substantive issues and tober, the Trial Chamber granted the Parties on two Appeals against the International witnesses for the Cham segment. Regarding Office of the Co-Investigating Judges at the Co-Prosecutors’ disrespectful sugges- an additional one week (from 2 to 5 Novem- Co-Investigating Judge’s Decisions to Charge the procedure of the trial, the International tion that the Defence’s requests for additional ber) to prepare for the Supreme Court Cham- persons in absentia (PTC 03/21 and PTC 04/19) During the month of October, the interna- Co-Prosecutor filed a request regarding the evidence were made in bad faith. ber hearing. On 28 October, the Trial Chamber and made preparations for deliberations on tional side of the Office of the Co-Investigating Office of the Co-Prosecutors modalities of ensuring confidentiality of dis- announced that it would inform the Parties of two appeals and motions, including: an Appeal Judges (“OICIJ”) continued the investigations closed materials. Further, the prosecution October saw the staff and interns of the The Khieu Samphân Defence filed, at the list and order of witness and Civil Parties against Co-Investigating Judge Harmon’s Noti- of Case Files 003 and 004. Six field missions continued to seek to fulfil its disclosure obli- Office of the Co-Prosecutors engaged across the request of the Supreme Court Chamber, to testify when the Trial Chamber resumes the fication of Charges (PTC 03/22), and a Request took place in the course of which 25 witnesses gations, requesting to disclose materials from all four cases, with preparation for the final written submissions on the admissibility of hearing on 30 November in due course. to Reclassify as Public Certain Submissions to were interviewed and ten investigation action Case 003 and 004 into Case 002. oral appeal hearing for Case 002/01 in Novem- the transcripts provided by Robert Lemkin. the Pre-Trial Chamber (PTC 03/24). reports were drafted. Four witnesses were in- ber, participation in ongoing trial hearings in Khieu Samphân’s Defence also filed their ob- During the month of October, the Trial terviewed at the ECCC premises in Case File Cases 003 and 004 Case 002/02 and involvement in the ongoing servations on the appeals hearing calendar, Chamber also addressed a number of issues The Chamber remained seized of two 003 and ten in Case File 004. In Case 003, the International Co-Pros- review of the investigations in Case 003 and requesting more time to plead the individual in decisions and memoranda which were filed appeals and motions, including: an Appeal ecutor responded to Meas Muth’s appeal Case 004. In addition, the Co-Prosecutors filed criminal responsibility and responded to the confidentially. against the International Co-Investigating During the month of October, the OCIJ against the International Co-Investigating pleadings in the following cases. Co-Prosecutor’s observations on the calendar. Judge Bolhander’s Decision on a Motions to Analysts Unit reviewed several thousands of Judge’s re-issued decision on his motion to Strike the Supplementary Submissions (PTC contemporaneous Khmer Rouge documents strike the Supplementary Submission. In Case Case 002/01 Case 003 03/26), and an Application for Annulment of and witness interviews at external archives. 004, in light of the translation workload with- Pre-Trial Chamber The Co-Prosecutors filed a response to In October, the Meas Muth Defence filed Investigative Action Concerning Forced- Mar Our review of over 3,000 prisoners logs held in the office and the Court, the International International Judge of the Pre Trial Chamber Nuon Chea’s sixth additional request to ad- a response to a request by the Internation- At the beginning of October the Pre-Tri- riage (PTC 04/21). The appellate proceedings at Khmer Rouge Security Centers is nearly Co-Prosecutor requested to file the response BAIK Kang Jin duced new evidence on appeal. In addition, al Co-Prosecutor for an extension of time to al Chamber completed its deliberations on on these cases are at the stage of receiving complete and a list of over 4,000 confessions to Im Chaem’s submission to annul the forced the Co-Prosecutors filed submissions upon the respond to an appeal filed by the Defence, a three appeals, including: an Appeal against the parties’ briefings. Further, on 5 October held at Khmer Rouge Security Centers is being marriage investigation in one language. The request of the Supreme Court Chamber relat- request to reject the International Co-Prose- the International Co-Investigating Judge’s De- 2015, the Chamber was seised of Meas Muth’s drawn. Additionally, the Analysts Unit assisted response was then filed in English and shortly ing to the significance of particular evidence cutor’s belated response, and a reply to the cision on a Motion to Reconsider and Vacate “Request For The Pre-Trial Chamber To Take A and participated in all field missions and in- thereafter in Khmer. proposed and a central theory raised by the Response. The Defence also filed one request Summons (PTC 04/20), an appeal against the Broad Interpretation Of The Permissible Scope house interviews conducted during the month Defence, as well as the timetable proposed for for clarification to the Pre-Trial Chamber. The International Co-Investigating Judge’s Deci- Of Appeals Against The Closing Order and To of October. the upcoming appeal hearing. team also filed four requests and two letters to sion Refusing to Seize the Pre-Trial Chamber Clarify The Procedure For Annulling The Clos-
Every month, each section of the Extraordinary Chambers in the Courts of Cambodia compiles a summary of its activities to inform the general public on the latest developments of the court. The following are updates from each section on the activities of October 2015. For public decisions and orders, please refer to page 8. 6 Judicial updates Judicial updates 7
the Co-Investigating Judges. All of these filings Reparation and Non-Judicial Measure (R&N- Royal Government of Cam- were classified as confidential. The Case 003 JM) the importance of a fully satisfactory solution Defence also joined in signing a letter to DSS The Reparation & Non-Judicial Measure bodia renews commitment being reached as soon as possible, consistent prepared by the Ta An Defence team request- (R&NJM) Team has coordinated the imple- to the ECCC with the terms of the Agreement, and that rel- ing additional translation resources. Finally, mentation of all R&NJM projects through evant steps will be taken by the Royal Govern- the team continues to review material on the meetings and technical support communica- On 17 November, Stephen Matthias, assis- ment to this end. Case File and to prepare submissions to pro- tion. tant to UN Secretary General Ban Ki-moon in tect Mr. Meas Muth’s rights and interests. charge of legal affairs, met with the Council of The parties welcomed the willingness of On 8th October, the team’s member had Ministers and Sok An, head of the Cambodi- the Royal Government to support the Secre- Case 004 a meeting with Khmer Art to discuss the rep- an Task Force for the Khmer Rouge Tribunal, tary- General’s request to the General Assem- In October, the Defence team for Ms. Im aration project concept note, proposal and in Phnom Penh to discuss the court’s budgets bly in respect of a subvention for the ECCC’s Chaem filed a submission in support of Mr. fund raising campaign. On 22nd October, the and progress. operations in 2016, and its willingness to Ao An’s application to annul the investigative team’s member participated in a Civil Party continue to provide sufficient direct contribu- action concerning forced marriage. Further, Consultation Workshop organized by Khmer Following the meeting, both parties wel- tions to the national component of the ECCC the Defence team continues to review the ev- Art in cooperation with TPO, KDK and Bopha- comed, on the occasion of the opening of the to assure its full funding, taking into account idence in the Case File and to prepare submis- na at Khmer Arts in Takhmao with about 100 appeal hearing in Case 002/01 before the Ex- pledged contributions from international do- sions to protect Ms. Im Chaem’s fair trial and participants including Civil Parties, LCLS staff, traordinary Chambers in the Courts of Cambo- nors. It is hoped that these measures will re- procedural rights. lawyers and other NGOs staff. The workshop dia (ECCC), the progress made by the ECCC in sult in financial stability for the ECCC in 2016. was conducted to provide Civil Parties an op- its judicial work. The Ao An Defence team filed four re- portunity to express their stories and opinions The Assistant Secretary-General for Legal sponses to five of the International Co-Pros- toward the performance and the Pka Sla pro- The parties recognized the value of the Affairs is pleased to be visiting the ECCC at ecutor’s urgent requests to disclose Case 004 ject. ECCC’s contributions in the areas of victims’ this time, given the importance of this phase documents in Case 002. In addition, it filed participation and outreach, including broad of Case 002/01, following his attendance at an urgent request for a page extension with Visitors view the testimonies on the treatment of the Cham last 7 October 2015. (Photo Credit: ECCC) The team’s members had a few meetings attendance at public hearings. The ECCC’s ex- the ECCC’s milestone trial judgment in those respect to a proposed application for tran- with Lead Co-Lawyer Section to discuss case perience in these areas is becoming an impor- proceedings in August 2014. The ECCC’s work scriptions and translations of audio recorded 002/02 reparation requests so as to develop tant reference point in the developing practice in this regard reflects the shared commitment interests of the Civil Parties with respect to interviews in the Case File. Its request for a brochure and strategy for fund raising cam- of international criminal law. of the Royal Government, the United Nations page extension was granted by the Interna- legal certainty and the expeditiousness when Processing and analysis paign. and the international community to advancing deciding upon the request. The Processing and Analysis Team (PAT) tional Co-Investigating Judge. In addition, the The parties discussed an ongoing differ- the ECCC’s pursuit of justice and accountability continued to collect supplementary informa- team continues to review the materials in the ence of view, as set out in diplomatic corre- for the crimes of the Khmer Rouge. Outreach and Activities tion in Cases 003 &004 through phone calls Case File and prepare other confidential sub- spondence between the Royal Government of On 1 October 2015, the National Lead-Co made to applicants having been suffered from missions to safeguard Mr. Ao An’s fair trial Cambodia and the United Nations, regarding As a result of the meetings, the Royal Gov- Lawyer was interviewed on FM 102 regarding alleged crimes under the investigation scope rights. the full implementation of the cooperation ernment of Cambodia agreed to make a re- the Treatment of the Cham trial segment, spe- of Cases 03 and 04. During the month, the obligations set out in the ECCC Agreement newed commitment to assure $2.5 million for cifically addressing the topics of the suffering team filed two applications in Case 004. Lastly, the Defence team from the final with respect to the two Cases currently under the first 6 months of national staff salary, plus experienced by Cham civil parties, their repa- VSS Chief and two staff members of Pro- Named Suspect in Case 004 continued to mon- judicial investigation. The parties agreed on $1.65 million for the court’s operational costs. itor proceedings in Case 002/02. It continued ration requests and the differences between cessing Team participated in the workshop on to assert that the use of documents from Case their suffering that of Khmer civil parties. reporting writing organized by Civil Peace Ser- 004 in proceedings before the Trial Chamber The Lead Co-Lawyers met with representatives vice (CPS)/ German Agency for International in Case 002/02 constitutes a violation of the of the Cham community visiting the Court on 2 Cooperation (GIZ). Named Suspect’s rights. The team continued October 2015. The visit and conversation was to work to ensure its client’s fair trial rights are made possible by the NGO Kung Future. Decisions/Orders Outreach protected. Public versions of the decisions, orders, opinions and On 22 October 2015, the Lead Co-Lawyers During the month, Outreach Team invit- considerations are available on the official ECCC website: participated in a civil party consultation specif- ed 41 civil parties from Kampong Chnang, ically addressing reparations projects for civil Pursat, and Kampong Cham, Kampong Speu, Civil Party Lead Co-Lawyers Section parties who are victims of sexual and gender Svay Rieng, Kampot and Prey Veng to attend 1 October 2015: Trial Chamber memorandum entitled “Request for Clarification on Addi- Key Legal Developments based violence. The consultation was spon- hearings of Case 002/02 at the ECCC. At lunch tional Resources for Defence Teams in Case 002/02”
Every month, each section of the Extraordinary Chambers in the Courts of Cambodia compiles a summary of its activities to inform the general public on the latest developments of the court. The following are updates from each section on the activities of October 2015. For public decisions and orders, please refer to page 8. 8 Outreach Activities Contact Information 9
ECCC Outreach November in photos The Public Affairs Section of the ECCC hosts Khmer Rouge Tribunal Study Tours, bringing groups of 200-300 villagers from areas throughout Cambodia twice a week to the ECCC, the Tuol Sleng Genocide Museum and the Choeung Ek killing fields for a guided tour and brief- ings. During the trial recesses, the Public Affairs Section also conducts school visits to give briefings, as well as hosting community video screenings across Cambodia. It also welcomes international group visitors and provides briefings and court tours.
Past Events November 20 – Members of the Judicial advisors at the County Court of Zagreb, Croatia, visited the court visited the ECCC with the purpose of learning not only the court's processes, but also the political and international history of its inception.
November 20 – Members of the ECCC's Public Affairs Section travelled to Kampong Cham Prov- Lars Olsen, DIM Sovannarom, and Volker Ner- ince to speak to local villagers about the functions and proceedings of the court. Educational court documents were also distributed to members of the community. lich give a press briefing prior to Case 002/01 on 16 November November 16 – The ECCC hosted members of the Japanese Ministry of Justice prior to the Ap- peal Hearings on 17 November. November 13 – Chief of Public Affairs Mr. DIM Sovannarom, accompanied by members of the Public Affairs Section, gave a brief lecture followed by a Q&A session at Beltei University in Phnom Penh. The lecture focused on the more technical and nuanced aspects of the court, and informa- tive documents were afterward distributed to the students. November 4 – Mr Léo Laporte, Editor at the Sub-direction of South East Asia in charge of Cam- bodia, Thailand and Laos at the Ministry of Foreign Affairs and International development, visited the court for an informational tour. FIND OUT MORE ABOUT THE EXTRAORDINARY November 4 – Muslim villagers Kampong Kes Commune, Teok Chou District, Kampot Prov- ince visited the court to learn more about its processes. They were also briefed on the on- CHAMBERS IN THE COURTS OF CAMBODIA going testimonies on the treatment of the Cham people under the Khmer Rouge Regime. University and Court Officials during visit to October 21 & 20 – The ECCC hosted nearly 300 members of the military and government in order to promote education and understanding of the court’s proceedings. Although no public Beltei University on 13 November hearings were held, the tour consisted of presentations from staff members and was followed by The ECCC welcomes visitors. For more information: [email protected]. Mail Box tours of Tuol Sleng and Cheung Ek. National Road 4, Chaom Chau, Porsenchey October 8 – ECCC Weekly radio program on WMC FM 102 with Guest speaker Mr. Kong Sam Onn, Khieu Samphan National Co-lawyer PO Box 71 Phnom Penh, Cambodia October 7 – Nearly 150 civil servants from Cambodian courts across the country visited the ECCC to have an in-depth look at the court and its functions. These civil servants ranged in sta- General tus from lawyers to judges, presidents, and vice presidents of their respective institutions. Tel: +855 (0)23 861 500 Fax: +855 (0)23 861 555
Recurring Events Press Inquiry Tel: +855 (0)23 861 669 ECCC Weekly radio program on WMC FM 102 from 6PM to 7PM every Thursday. Tel: +855 (0)23 861 564
More than 300 students attend the Appeal Court Visit Hearings for Case 002/01 on 17 November Tel: +855 (0)23 861 639
ECCC Visit to Beltei University Victim Support Tel: +(855) 023 214 291 The Public Affairs Section (PAS) were welcomed at Beltei University on the 13th of November 2015. The Chief of PAS, Mr. Sovannarom Dim, proudly presented to a group of 750 high school stu- dents, Beltei officials and media representatives. PAS was pleased to invite Bayon TV, TVK and the ECCC on the Web Women’s Media Centre of Cambodia to broadcast the outreach event. The educational presentation ECCC www.eccc.gov.kh began by recapping the history of the nearby S21 Prison and Choeung Ek Killing Fields. The presenta- UNAKRT www.unakrt-online.org tion then continued to illustrate the roles within the Khmer Rouge of the Case 002 accused, Nuon Twitter twitter.com/KRTribunal Chea and Khieu Samphan, and related these to the Court’s mandate of only charging those most Flickr www.flickr.com/krtribunal responsible. Facebook www.facebook.com/krtribunal Youtube www.youtube.com/krtribunal Following the formal presentation, the floor was opened for questions. Students were eager to present questions they had already prepared in exchange for an ECCC T-shirt. Bold and intriguing questions were presented to Mr. Dim as the PAS interns ran around the aisles handing out shirts. PAS Stephen Matthias, assistant to UN Secretary The Court Report General Ban Ki-moon in charge of legal affairs, gifted the university with copies of the Case 002/01 Judgement Book as well as ECCC information Publisher: DIM Sovannarom, Chief of Public Affairs Section meets with Sok An, head of the Cambodian booklets. Additionally, PAS interns distributed surveys to the students to gain feedback regarding the Editorial team: Lars-Joergen Olsen, NETH Pheaktra, Task Force for the Khmer Rouge Tribunal on 17 presentation, as well as their general knowledge of the KR and ECCC. This feedback will be analyzed Arthur Demain, Loren Recchi, Zachary Schweitzer, and may indicate improvements for similar outreach programs in the future. November Francois Ada-Affana, YAR Rosart The Court Report is a monthly newsletter produced by the Public Photographer: NHET Sok Heng, TV/Radio Officer Affairs Section for public information purposes only. It is not an official court document.