ECCC, Case 001, Issue 4

Case 001

ECCC

Cambodia

English

After a week’s recess to celebrate Khmer New Year, trial proceedings at the Khmer Rouge Tribunal recommenced this week, with the Chamber hearing the remaining witnesses on the M-13 interrogation center. Although the Accused began his testimony on the establishment of S-21 during Wednesday afternoon of this week, after three weeks of trial, the KRT is yet to hear any witnesses on S-21. 

Both the witnesses this week – Mr Chan Voeun and Mr Chan Khorn – claimed to be former guards at M-13. They testified to their experiences serving as Duch’s subordinates, as well as general conditions at that prison facility. Duch denied that Voeun had ever been a guard under his command. While the witness’ credibility was somewhat shaken by inconsistencies in his testimony, his role as a Duch’s subordinate at M-13 was corroborated by Khorn. The Accused was then questioned on the issue of S-21’s establishment, as well as the establishment of the Takmao prison (also known as ‘Ta Khmouv prison’) that preceded it. 

Trial proceedings were significantly hindered by the questionable quality of translation this week, with International Defense Counsel François Roux raising this as a serious violation of the Accused Person’s right to a fair trial. Finally, an issue concerning the extent to which interviews and documents on the case file obtained from non-governmental organization should be able to be considered at evidence during trial was raised. The Chamber’s ruling on the issue, if in favour of the Defense, who asserted that evidence not previously tested during the investigation phase should be limited in its application at trial, could have ‘dramatic’ consequences for the case as a whole.