ECCC, Case 001, Issue 5

Case 001

ECCC

Cambodia

English

This week’s trial proceedings at the Khmer Rouge Tribunal were dominated by the Accused Person’s testimony on the establishment of S-21 and subsequently, on the implementation of the policies of the Communist Party of Kampuchea (‘CPK Policy’).

Following on from last week’s questioning, the Prosecution and Civil Parties sought this week to establish the extent to which the Accused Person had autonomy at S-21, as well as his role in interrogations. Duch maintained that he abhorred ‘police work’, yet could not refuse his superior’s orders.  On Thursday, questioning centered more on the ideology underlying the CPK’s attempt to radically transform Cambodia, with the Chamber asking Duch to explain the meaning behind several sections of the Party’s Statute and the Constitution of Democratic Kampuchea.

With regard to legal and procedural issues, critical determinations on the admissibility of untested portions of the case file were again deferred this week.  Further debates on the difference in procedural practice between common law and civil law systems again emerged this week – this time concerning the Defense’s right to discuss with the Accused the evidence being presented at trial, as well as the extent to which Parties should be allowed to ask leading (or ‘closed’) questions. 

In a somewhat surprising announcement on Tuesday, International Defense Counsel Francois Roux informed the Chamber that he had been summonsed urgently to The Hague, thus leaving Duch in the hands of his Cambodian Defense Counsel for the remainder of the week’s proceedings. Although the Court’s Internal Rules do not prohibit Roux from doing so, the Accused Person’s representation seemed to suffer as a result.