Trial Monitoring

ECCC, Case 001, Issue 16

August 10, 2009
ECCC, Case 001, Issue 16
Publication Documents
Case or Series

Case 001

Case or Series

ECCC

Country

Cambodia

Language

English

In addition to five testimonies that were read into the record, the Chamber this week heard from three former S21 staff from Monday to Wednesday. Expert witness David Chandler then took the stand on Thursday, largely testifying on his book Voices from S-21: Terror and History in Pol Pot’s Secret Prison. Accounts provided by insider witnesses this week were largely consistent with prior testimony. In particular, the testimony provided regarding detention conditions, the administration of Khmer Rouge policies (especially the need for secrecy), and the use of certain torture techniques corroborated that of prior witnesses, as well as the Accused. At times, the extent to which the Chamber and the Parties questioned witnesses on largely undisputed facts seemed unwarranted. The Chamber agreed that it would review its present schedule to determine whether a further reduction in the witness list could be made, but cautioned the Parties to assume the existing timetable would be followed for now. 

With regard to Victim Participation and Witness and Victim Protection and Support, the Court has commendably provided witnesses with legal counsel in order to ensure that their rights are upheld during the course of the proceedings. However, two of the three insider witnesses who took the stand this week appeared confused about the extent to which this right could be exercised. The approach taken by the Chamber and the Counsel for Witnesses to ensure witnesses comprehend questions was the cause of some concern this week. Constant reminders about witnesses low level of education may be perceived as demeaning to the witnesses in question and may further intimidate them during the course of the proceedings.