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The Court Report The Court Report May 2009 The Extraordinary Chambers in the Courts of Cambodia Moving Forward Through Justice In this issue th Welcome to th e 13 edition of The Court Report: T he newsletter of the ECCC has now been published every month for one year! News and Notes 2 In the Judicial section featured are the Pre-Trial Chamber, Trial Chamber, Judicial Updates 3 Supreme Court Chamber, Office of the Co-Prosecutors, Defence Support Section Public Information & and the Victims Unit. 7 Outreach 9 Court Calendar In the Public Information & Outreach page, the Interpretation and Translation Pool is presented in an article. You can also meet Cambodians who attended the 10 NGO Page Substantive Hearing and learn about their impressions on the trial in Case 001. Outreach Calendar 11 The NGO page has an overview of KID and an update of its outreach activities. 12 Find Out More As usual, included are the Court and Outreach Calendars. The Court Report: Issue 13 1 News & Notes “Time for Justice”: Weekly updates on Case 001 aired on Cambodian television The regionally -based trial monitoring program from the Asian International Justice Initiative creates weekly video updates on the Substantive Hearing concerning the accused person Duch. The videos are produced in cooperation with Khmer Mekong Films, and are in Khmer with English subtitles. They include trial footage, Villagers on their way to the ECCC to attend Duch’s trial expert commentary and vox-pop interviews. They are becoming more Attendance at the Substantive Hearing in Case 001 and more popular throughout Cambodia. “Time for Justice” is broadcast every The Substantive Hearing has been closely fol lowed by the Cambodian public. O n Monday at 1:30 pm and Tuesday at average, 296 people per day attended the public hearings in Case 001 over the 4:30 pm on CTN. first four weeks of the proceedings. More information on Public Affairs’ efforts to include Cambodians in the They are provided to all ECCC staff by proceedings and impressions of attendants are included on page 8. Public Affairs and can be viewed at following website: New protection for the ECCC Website updates http://forum.eastwestcenter.org/Khm Main Courtroom er-Rouge-Trials/ A protection screen has been built on The ECCC Website has been updated the main Courtroom. Heavy rain and with new information: Case a storm on April 21, whose loud noise Information on each Charged Person was amplified by the zinc roof, before the ECCC can now be found obstructed the conduct of the on the website. Transcripts of the Substantive Hearing: the hearing had hearings in Case 001 are also to be paused for 10 minutes. published. Since then, the Court Management Moreover, information on the Victims Section has been working on this Unit and the Judicial Chambers has The new protection for the issue and an additional protective now been updated in English. Main Courtroom screen has been built. The Translation of these papers will follow construction ended on May 7. very soon. The Court Report: Issue 13 2 Judicial Updates heard submissions from the parties in Pre-Trial Chamber relation to a number of procedural and trial-management issues. On 5 May 2009, the Pre -Trial Chamber The Trial Chamber rendered two rendered its Decision on Nuon Chea's written decisions, and two further Appeal against Extension of Provisional orders pertaining to trial scheduling Detention on the basis of written during this period. submissions alone. The Chamber affirmed the Order of the Co- On 23 April 2009, Chamber rendered a for Investigative Action of 3 April 2009. Investigating Judges on Extension of confidential decision regarding the During this period, notices of appeal Provisional Detention and rejected the assignment of experts. On 24 April parallel to the notice filed in the Nuon Charged Person’s request for release. 2009, it issued a public decision Chea case were also filed in the Khieu extending the time-limit to decide on On 11 May 2009, the President of the Samphan and Ieng Sary cases (on 13 the Accused’s request for provisional Pre-Trial Chamber issued a Decision on April 2009) and in the Ieng Thirith case release. This was necessary as the Ieng Thirith's Appeal on Extension of (on 21 April 2009). Submissions are translation of the Accused’s Military Provisional Detention. In dismissing this awaited in all matters. Court file, which was recently received appeal, the President also affirmed to by the Chamber and which is relevant OCIJ’s order and rejected the request to the decision, is unavailable before 15 for release. Trial Chamber May 2009. Following hearings held during the first On 30 April 2009, the Chamber issued week of April 2009 in relation to the The trial of Kaing Guek Eav (alias two scheduling orders, pertaining to provisional detention appeals in the Duch), the first before the ECCC, the future hearing of Civil Parties and Ieng Sary and Khieu Samphan cases, commenced on 30 March 2009, and the to trial proceedings between 18 May the Pre-Trial Chamber remained seized first segment of the trial concluded on 2009 and 25 June 2009, respectively. of and continued deliberations in 9 April 2009. relation to seven pending motions. Six The Chamber remains seized of 6 The Chamber resumed, following public of the seven motions pending before pending motions and requests. holidays, on Monday 20 April 2009 and the Chamber pertain to Case File 002. sat until Thursday 30 April 2009 (trial Five are appeals in relation to days 8-15). During this period, the provisional detention and the sixth is in Trial Chamber heard the first four Supreme Court Chamber relation to the confidentiality of a witnesses in this case, who testified, judicial investigation. The seventh amongst other matters, in relation to pertains to a confidential matter M-13 (a detention facility pre-dating S- Upcoming events: currently before the Chamber pursuant 21, of which the Accused was the to Internal Rule 71. The Supreme Court Chamber will hold Director), as well as the establishment a three day meeting between 27 and In addition, a further notice of appeal of S-21. The Accused was also 29 May 2009. This is designed to had been filed, on 9 April 2009, in the extensively questioned on these ensure readiness in advance of the Nuon Chea case against the Co- matters over several of these days. On Chamber becoming operational. Investigating Judges’ Order on Request several trial days, the Chamber also The Court Report: Issue 13 3 Main courtroom of the ECCC Office of the Co- Prosecutors Legal Work: In April 2009, the OCP continued its participation in the judicial investigation and the appellate proceedings in Case File No. 002 in which charged persons Khieu Samphan, Ieng Sary, Ieng Thirith and Nuon Chea are being investigated. In particular, the OCP filed its response to Ieng Thirith’s motion before the Co- (CaseMap), prepared witness The Co -Prosecutors now await Investigating Judges for exclusion of summaries of potential witnesses, the determination of the Pre-Trial evidence obtained allegedly under analyzed open source and in-house Chamber in respect of this torture (filed on 30 April). In addition, documents, updated chronologies of Disagreement. Notwithstanding the the OCP participated in the Detention the defendants, prepared audio-visual Disagreement, the Co-Prosecutors have Extension Appeal hearings of Ieng Sary case presentation aids and continued been and shall continue to work (2 April) and Khieu Samphan (3 April) its microfilm digitization project. together, in all their cases, to ensure before the Pre-Trial Chamber. that justice is rendered to the victims It continued to analyse the of the Khmer Rouge. The OCP is now preparing to Case File and prepared Trial Readiness file its responses to four defence Assessment Reports (TRAR) to assess appeals against the order of the Co- the requirements of making further INFORMATION ON THE WEB: Investigating Judges dismissing Nuon investigative requests to the Co- Investigating Judges. Chea’s request for investigative action regarding allegation of corruption The ECCC Prosecutorial Disagreement: website (issued on 3 April). On 18 November 2008, the Trial Preparation: International Co-Prosecutor filed a www.eccc.gov.kh The OCP accelerated its trial notice of disagreement amongst the preparation in Case File No. 001 that Co-Prosecutors concerning the deals with the Khmer Rouge’s S-21 appropriateness of opening new judicial Security Centre in Phnom Penh. The investigations against additional OCP also prepared to respond to the suspects for crimes committed within preliminary challenges raised by the the jurisdiction of this Court. On 1 www.krtrial.org accused Duch. The substantive trial December 2008, he filed his commenced on 30 March and is substantive Statement of ongoing. Disagreement. On 29 December 2008, the National Co-Prosecutor filed her Analysis: response to the Statement. The Pre- Trial Chamber has since registered the Amongst many other proceedings as Disagreement № activities, the OCP maintained and www.cambodiatribunal.org 001/18-11-2008/ECCC/PTC. updated its case management database The Court Report: Issue 13 4 person does not have to prove his s/he must be acquitted on that Defence Support Section innocence and can not be compelled to particular charge. Such acquittal is not give evidence or to confess guilt. He or necessarily tantamount to failure; on she has the right to remain silent. the contrary, it can be a strong DSS explains why defendants indicator of success for the rule of law. before the ECCC must be → In order to find the accused guilty, presumed innocent the court must be convinced of his guilt Only if those principles are fully according to a given standard, such as respected can the ECCC constitute a Defence lawyers often refer to the ‘intimate conviction’ or ‘beyond a model court for the Cambodian principle of presumption of innocence reasonable doubt’.
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