Tuesday, July 14, 2009

Duch’s lawyer to the rescue of his client’s former colleague

Mam Nay during his hearing (Photo: Cambodge Soir Hebdo)

Tuesday, July 14, 2009
By Benjamin Vokar
Cambodge Soir Info
Translated from French by Luc Sâr
Click here to read the article in French

Mam Nay, the former questioner at S-21, came to testify for Duch’s trial on Monday 13 July. Duch was his boss under the KR regime. The hearing was adjourned following a request made by the defense.

The hearing of the witness only lasted a short moment. As soon as Mam Nay was informed of his right to remain silent, François Roux, Duch’s French lawyer, called for an end of the process while underscoring the risks the witness could be subjected to following the prosecutor request to introduce the “joint criminal enterprise” charge.

Lawyer Roux returned back to this legal term: “For the co-prosecutors, Duch is an integral part of a joint criminal enterprise, this also includes all the workers under him at S-21. This means that the current witness, who was working under Duch, risks being charged by the co-prosecutors regardless of whether he maintains his silence or not, should the Chamber accept the [co-prosecutors] request [to introduce the joint criminal enterprise].”

As a witness under oath, 76-year-old Mam Nay is asked to tell the truth to the court. Nevertheless, as a former questioning official in Tuol Sleng (S-21), his testimony could also earn him legal charges.

Following the defense request, the court decided to provide legal assistance to the witness, whose hearing was postponed to Tuesday 14 July.

1 comment:

Anonymous said...

deny, deny, deny. how could they deny it when the whole country of cambodia was an evidence of their brutal rule? go figure!