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ECCC, Case 002/02, Issue 38

chairs of people and policemen seated behind desks with computer screens
Friday, January 8, 2016
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Executive Summary:

Resuming hearings after two weeks of break for the Christmas and New Year period, the Chamber this week heard from three witnesses over the course of four days, potentially concluding the segment on the treatment of the Vietnamese. First, anonymous witness 2-TCW1000 continued his testimony from 16 December 2015, under questioning by the two defense teams. His testimony focused on the treatment of Vietnamese by Naval Division 164, and the capture of American vessel the SS Mayaguez. Next, Theng Phal testified on the experience of the ethnic Vietnamese population in Prey Veng Province, detailing how treatment changed after the arrival of Khmer Rouge (KR) cadres. On Wednesday the Trial Chamber returned to the segment on the treatment of the Cham and heard from Witness Sos Rumly, who originally began testifying before the Chamber on 6 October 2015 but had to be rescheduled for procedural reasons. In addition to hearing testimony this week the Trial Chamber also heard oral arguments on requests made by the Office of the Co-Prosecutors (OCP) and Defense Team for Nuon Chea to admit new witnesses in the Vietnamese segment. A decision by the Trial Chamber was handed down on 12 January and will also be summarized below. The recurring issue of torture-tainted evidence was again raised this week by way of a number of objections, coinciding with a recent Supreme Court Chamber (SCC) decision on the validity of this type of evidence, which will be analyzed further below.