ECCC, Case 002/01, Issue 15

Case 002/01

ECCC

Cambodia

English

This week marked the beginning of reception of testimonial evidence on the administrative structure (central and national) and the communication structure in the DK regime, as well as the roles of the Accused. Nuon Chea was scheduled to provide testimony relevant to the second segment of the trial. On his request, the Trial Chamber allowed him to read an initial statement before proceeding with his examination. President Nil Nonn interrupted the Accused when it became clear that the latter’s statements pertained to the first, rather than the second segment of the trial but Noun Chea’s international lawyer, Mr. Michiel Pestman, managed to persuade the Trial Chamber to allow his client to continue. Nuon Chea concluded his statement by requesting that the Chamber, among other things, continue hearings on the DK’s historical background; otherwise, Nuon Chea would exercise his right to remain silent. The Bench did not deny this request outright, but indicated that it would proceed to ask Nuon Chea about matters relevant to the trial segment at bar. This prompted Nuon Chea to invoke his right to remain silent. The OCP, through national counsel, Mr. Seng Bunkheang, and international counsel, Mr. William Smith, examined Duch on the latter’s membership to the CPK, his roles and duties within the party and his continued affiliation with it after 1979. Duch also testified on Party ideology and policies. The Defense Teams continuously challenged his testimony by arguing that the OCP was treating the witness as an expert and asking questions outside the scope of the first trial of Case 002 .