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Signature~~ Approved by Greffier (For Originals): M 01000987 E1/178.1/Corr-5 .II . ~~ ~~~~~'l}$g§~~~m~s~~m~~~~~ \f 1\1 ~ -~~ ~ ~ ~ ~: ~ ~ Extraordinary Chambers in the Courts of Cambodia ~ Chambres Extraordinaires au sein des TribunatlX Cambodgicns tlft~f62f1 Reguest for Correction ORIGINAL/ORIGINAL ilJ ill f1 (Date):•• ~~~.~~!.:~~_~.~~_~~.:.~.~. Case: 002/19-09-2007-ECCC/TC CMS/CFO:........... ~.~~!:I .. !3.~9.~_ ......... To Document No(s): ERN(s): Request Date: Correction Type: E1/178.1 00899682-00899786 22-07-2014 k8J Change to Original D Change to Translation D Reclassification Reason for changes: 1- Transcription errors: Transcript corrected to reflect audio recording (verbatim) 2- Interpretation errors: Transcript amended to ensure consistency among the three language versions of the transcript. Details: See attached track changes for details. The following footnote has been added to this transcript: "Corrected transcript: Text occurring between less than «) and greater than (» signs has been corrected to ensure consistency among the three language versions of the transcript." Filed by: Charles Zarna, lTV Signature~~ Approved by Greffier (for originals): M... of{tff'A ITL.- Signatu~ Approved by ITU (for translations): Signature: 01000988 E1/178.1/Corr-5 Extraordinary Chambers in the Courts of Cambodia Trial Chamber – Trial Day 165 Case No. 002/19-09-2007-ECCC/TC 9/04/2013 I N D E X MR. FRANÇOIS PONCHAUD (TCW-536) Questioning by the President ...................................................................................... page 2 Questioning by Judge Lavergne ........................................................................... page 4850 Page i 01000989 E1/178.1/Corr-5 1 1 P R O C E E D I N G S 2 (Court opens at 0909H) 3 MR. PRESIDENT: 4 Please be seated. The Court is now in session. 5 During today’s sessions and through the end of this week, the 6 Chamber is scheduled to hear TCW-536. 7 Ms. Se Kolvuthy is now instructed to report on the current status 8 of the parties to the proceedings today. 9 [09.10.42] 10 THE GREFFIER: 11 Good morning, Mr. President, and Your Honours. All the parties to 12 the proceedings are present, except Mr. Nuon Chea, who is present 13 in his holding cell due to his health concerns. 14 <WitnessThe witness> who is to testify today, TCW-536, is present 15 in the waiting room<, awaits and is awaiting a> call from the 16 Chamber. <According to the witness, theThe> witness <has stated 17 that he> is not in a relationship with the co-accused< persons>, 18 Mr. Khieu Samphan, and Nuon Chea or any <party – orof the> civil 19 parties to the proceedings. The witness will take the oath before 20 the Chamber in a moment and the witness has no duty counsel. 21 MR. PRESIDENT: 22 Thank you. 23 The Chamber has received a medical <report from the treating 24 certificate dated 9 April 2013 from the> physicians who advised 25 the Chamber that Mr. Nuon Chea be allowed to observe the Corrected transcript: Text occurring between less than (<) and greater than (>) signs has been corrected to ensure consistency among the three language versions of the transcript. 01000990 E1/178.1/Corr-5 2 1 proceedings from his holding cell due to his health reason. <As> 2 Mr. Nuon Chea is in need of medical <assistance, as recommended by 3 the experts who testified recentlyphysician in his assistants and 4 the Chamber is seized to of such a recommendation and such 5 recommendation is relevant to the experts’ testimonies during the 6 trial proceedings>. 7 [09.12.46] 8 And according to <theECCC> Internal Rule <81.5>, <due to Mr. Nuon 9 Chea’s health concerns, he is fit to stand trial and for – orthe 10 Chamber is of the view that Nuon Chea is unfit to participate in 11 the hearings in the courtroom but may,> in the interest of 12 justice, <Mr. Nuon Chea is now allowed to> observe the proceedings 13 from his holding cell through <video-linkvideo audio link>. 14 AV booth officials are now instructed to ensure that the audio- 15 visual link is now fed to his holding cell so that he can observe 16 the proceedings from there. 17 Court officer is now directed to bring in the next witness. 18 (Short pause) 19 [09.14.30] 20 MR. PRESIDENT: 21 Very good morning, Mr. Witness. 22 MR. PONCHAUD: 23 Good morning, Mr. President and good morning to all Cambodian 24 people. 25 QUESTIONING BY THE PRESIDENT: Corrected transcript: Text occurring between less than (<) and greater than (>) signs has been corrected to ensure consistency among the three language versions of the transcript. 01000991 E1/178.1/Corr-5 3 1 Q. Mr. Witness, can you please tell the Chamber your full name? 2 MR. PONCHAUD: 3 A. My name is François Ponchaud <, or "hot bridge" in French>. 4 Q. Mr. François Ponchaud, when were you born? 5 A. I was born <inon 8> February 1939, <in Sallanches, in the 6 foothills of the Alpsin the area of the Alp^ (phonetic) 7 Mountain>. 8 Q. Thank you, Mr. François Ponchaud. aAnd where do you live now? 9 A. I live on Street Number 57 -- rather house number 57, Street 10 101, Boeng Trabek. 11 [09.16.43] 12 Q. What do you do for a living? 13 A. I am a <Catholic> priest. 14 Q. What are your parents’ names? 15 A. My father is Léon Ponchaud. He was born in – in <19891899>; he 16 died 20 years ago. And my mother is Édith Jaccoux and she died 15 17 years ago. 18 Q. Thank you, Mr. François Ponchaud. 19 As a witness before this Chamber, you are supposed to take 20 <thean> oath according to <your> religion, do you agree? 21 A. I would like to declare solemnly that I now will tell the 22 <whole> truth, nothing but the <whole> truth. 23 Q. Thank you. 24 Mr. Ponchaud, according to the report by the Greffier of the Trial 25 Chamber, and to the best of your knowledge you are not in a Corrected transcript: Text occurring between less than (<) and greater than (>) signs has been corrected to ensure consistency among the three language versions of the transcript. 01000992 E1/178.1/Corr-5 4 1 relationship with any individuals or civil parties who have been 2 admitted as the civil parties before the Chamber, and you are not 3 in any relationship with the two co-accused; is it true? 4 A. Yes, it is. 5 [09.18.46] 6 Q. According to the same report by the gGreffier, you are not in 7 any relationship with any of the parties to the proceedings; is 8 that true? 9 A. <I am not in any relationship with either Nuon Chea, or Khieu 10 Samphan, although I met one of them, Mr. Khieu Samphan, eight 11 years agoI met Nuon Chea but I am not in any relationship with 12 Khieu Samphan, although I know him. I met Mr. Khieu Samphan, eight 13 years ago>. 14 Q. Before we proceed to <put some questions forquestion> you, the 15 Chamber wishes to inform you of your rights <and duties> as a 16 witness. 17 [09.19.46] 18 Mr. François Ponchaud, as <thea> witness <during these 19 proceedings> before the Trial Chamber, you can choose not to 20 respond to any <question if the answer may tend to incriminate 21 youquestions that are – that in your response you feel that they 22 will be self-incriminating>. And as <thea> witness, you are to 23 respond to all questions put <forto> you by the Judges of the 24 Trial Chamber, or <the> parties to the proceedings and you are to 25 speak the truth, the whole truth, <and> nothing but the truth. Corrected transcript: Text occurring between less than (<) and greater than (>) signs has been corrected to ensure consistency among the three language versions of the transcript. 01000993 E1/178.1/Corr-5 5 1 <And this truth must be relevant to the experiences you have had 2 relevant to the events, and alsoYour testimony must be based on 3 what you saw, heard, experienced or noted and your answers must 4 be> relevant to the questions put to you< by the Judges and the 5 parties to the proceedings>. 6 The next question is: Mr. François Ponchaud, have you ever <given 7 any interviews to any ofbeen interviewed by> the Co-Investigating 8 Judges of the ECCC <duringin> the last few years? 9 A. <Mr. Marcel Lemonde called me to speak with me for the whole 10 day. It was four years ago and I already reported to the Human 11 Right Committee or UN Human Right Committee in Geneva on the 15th 12 of September 1998 about the Khmer Rouge regime or Democratic 13 KampucheaMr. Marcel Lemonde interviewed me for a full day four 14 years ago. I also reported to the UN Human Rights Commission in 15 Geneva on the 15th of September 1978 about Democratic Kampuchea>. 16 [09.21.55] 17 Q. Thank you, Mr. Ponchaud. We <have already notednote> that you 18 are speaking in Khmer, but what is your nationality, please? 19 A. <I am French, originally. However, I work at Preah Vihear to 20 develop the province. At Preah Vihear, they said that I was a 21 French individual who – or, rather, a Khmer who was born French, 22 who helped to claim Preah Vihear for CambodiaI am French, 23 originally. However, I have worked at Preah Vihear in the 24 development of the province. At Preah Vihear, they say that I was 25 a Khmer reborn as a French because my Uncle determined the Corrected transcript: Text occurring between less than (<) and greater than (>) signs has been corrected to ensure consistency among the three language versions of the transcript.
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