February 08, 2012
By Randle DeFalco, J.D. Rutgers School of Law – Newark, Legal Advisor, Documentation Center of Cambodia
“People needed to be controlled, conquered; the more the better.” - Nuon Chea
On Wednesday, February 8, 2012, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) resumed hearing substantive evidence in Case 002 following three days of testimony by Youk Chhang, director of the Documentation Center of Cambodia (DC-Cam), regarding the Center’s process of collecting and cataloguing documents related to the Democratic Kampuchea (DK) period (1975-1979). The accused in Case 002 are Nuon Chea, Ieng Sary and Khieu Samphan.
Ieng Sary Retires Earlier than Usual
Before the day’s proceedings could begin, national counsel for Ieng Sary, Ang Udom, rose and informed the Chamber that Ieng Sary was experiencing “swelling in his feet” and back pain. As a result, Ieng Sary wished to retire to the holding cell for the entire day’s proceedings to participate via audio-visual link. This request was early, even for Ieng Sary, who recently has adopted the custom of requesting to be excused prior to the morning session break at 10:30 a.m. Chamber President Nil Nonn granted this request and reminded Ang Udom of the need to submit a written waiver signed by Ieng Sary.
Nuon Chea Defense Rebuked for Bringing up Prime Minister Hun Sen’s Statement Again
Next, the floor was turned to Michiel Pestman, international counsel for Nuon Chea, who made some procedural submissions to the Chamber prior to questioning. He informed the Chamber that the Nuon Chea defense planned on calling additional witnesses relevant to the current topic of the historical background of the DK period, arguing that the witnesses heard thus far had not been able to provide sufficient information. Next, Mr. Pestman stated that “reluctantly” the defense had to revisit the remarks of Cambodian Prime Minister Hun Sen.[1]
This prefatory statement triggered an immediate interjection from the Chamber President, who chastised Mr. Pestman for using questioning time to make statements and reminded him that the defense can appeal the Trial Chamber’s decision regarding Hun Sen’s statements following ECCC procedures.
Mr. Pestman responded by stating that the Nuon Chea defense cannot immediately appeal any Trial Chamber decision and began to argue that the statement made by the Trial Chamber regarding Hun Sen’s statements was not a “decision” at all.
President Nil Nonn then cut off Mr. Pestman again and stated that the Chamber had been clear on the topic and forbade Mr. Pestman from discussing the topic further. At this point, the President appeared frustrated by Mr. Pestman’s persistence and referred to him with less formal language than is typically used at the ECCC. The President further warned Mr. Pestman that the defense would forfeit its remaining questioning time if it continued to push the issue.
