ECCC, Case 002/01, Issue 19
Case 002/01
ECCC
Cambodia
English
After a short break for the Khmer New Year, trial resumed on 18 April with Nuon Chea momentarily breaking his silence to read a statement in response to the testimony of Kaing Guek Eav alias “Duch.” In Nuon Chea’s statement, he accused Duch of lying, and categorically denied that he was the latter’s superior during the DK regime. Despite objections from the OCP and the CPLCL, who demanded that Nuon Chea answer their queries, the Trial Chamber acknowledged the primacy of the right of the Accused to remain silent as prescribed under Article 35 new (g) of the ECCC Law. However, the Trial Chamber ruled that it may take Nuon Chea’s selective exercise of this right into consideration when determining the evidentiary weight of his testimony.
With Nuon Chea’s refusal to answer questions, the Trial Chamber called a new witness, Mr. Saut Toeung, a former Khmer Rouge guard. After a discussion on the need to properly advise the Witness on his right against self-incrimination, his testimony resumed in the afternoon. The Chamber appointed a lawyer to sit beside the Witness and advise him about potentially self-incriminating questions, in accordance with Rule 28.9. Saut Toeung’s testimony provided the Chamber with an interesting glimpse of Nuon Chea’s role and activities in DK.