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Showing posts with label Nuon Chea's bail appeal hearing. Show all posts
Showing posts with label Nuon Chea's bail appeal hearing. Show all posts
Sunday, February 17, 2008
Tuesday, February 12, 2008
Khmer Rouge leaders do not accept responsibility
Monday, February 11, 2008Everyday.com.kh
Translated from Khmer by Heng Soy
SRP MP Son Chhay scolded the former Khemr rouge leaders, calling them a group of people who do not accept their responsibility for the actions they took in the past. Son Chhay told RFA last Saturday that these leaders are dictators and cowards. Even up to now, this group of people does not have the courage to confess their mistakes, even though they destroyed the lives of millions of people, and they imposed hardship, separations, lost of loved ones, and made victims from the savage actions they took. Son Chhay added that the dictators never confess their mistakes, and when they lose power, they all tell people to forget about the past. Son Chhay’s reaction came after Nuon Chea, known as Brother No. 2 of the Democratic Kampuchea regime, said to the KR Tribunal last week that he asked to obtain his bail (to maintain the) national reconciliation under the leadership of Prime minister Hun Sen. This is the first time that such statement was heard.
Saturday, February 09, 2008
After 30 years, victim of Khmer Rouge faces leader in court
Saturday, 9 February 2008
By Andrew Buncombe, Asia Correspondent
The Independent (UK)
By Andrew Buncombe, Asia Correspondent
The Independent (UK)
It has been three decades since the Khmer Rouge murdered the parents of Theary Seng and shackled her and her four-year-old brother in one of its jails.
But yesterday, she had only one question to ask of Nuon Chea, 81, one of the organisation's few surviving leaders, who is accused of genocide. "If Nuon Chea claimed he was not responsible, then who was for the loss of my parents and other victims' loved ones?" she asked. "What we know is that Nuon Chea was the second leader after Pol Pot."
Ms Seng came face to face with Mr Chea in the courtroom of the UN-assisted tribunal in Phnom Penh that has been established to try those surviving members of the Khmer Rouge, whose Maoist-inspired organisation seized power in Cambodia in 1975 and which was responsible for the deaths of more than 1.7 million of its own citizens.
There are five former regime leaders in the tribunal's custody – Mr Chea, Khieu Samphan, former foreign minister Ieng Sary and his wife, Ieng Thirith, and Kang Kek Iew.
Ms Seng, a Cambodian-American who works for a charity that monitors Cambodia's judiciary, says she felt no bitterness towards Mr Chea. "It is more exciting to see this [justice] being done. I have, in one small way, honoured my parents," she said.
Officials said it was the first time a victim had confronted a Khmer Rouge leader in a court. "It's extremely symbolic," Peter Foster, a tribunal spokesman, said. "We made history today."
Mr Chea has denied that he was involved in the genocide and insisted that he is not a "cruel man". Yet there is evidence that he was head of the regime's internal security division and he is widely credited with being the regime's main ideologist.
But yesterday, she had only one question to ask of Nuon Chea, 81, one of the organisation's few surviving leaders, who is accused of genocide. "If Nuon Chea claimed he was not responsible, then who was for the loss of my parents and other victims' loved ones?" she asked. "What we know is that Nuon Chea was the second leader after Pol Pot."
Ms Seng came face to face with Mr Chea in the courtroom of the UN-assisted tribunal in Phnom Penh that has been established to try those surviving members of the Khmer Rouge, whose Maoist-inspired organisation seized power in Cambodia in 1975 and which was responsible for the deaths of more than 1.7 million of its own citizens.
There are five former regime leaders in the tribunal's custody – Mr Chea, Khieu Samphan, former foreign minister Ieng Sary and his wife, Ieng Thirith, and Kang Kek Iew.
Ms Seng, a Cambodian-American who works for a charity that monitors Cambodia's judiciary, says she felt no bitterness towards Mr Chea. "It is more exciting to see this [justice] being done. I have, in one small way, honoured my parents," she said.
Officials said it was the first time a victim had confronted a Khmer Rouge leader in a court. "It's extremely symbolic," Peter Foster, a tribunal spokesman, said. "We made history today."
Mr Chea has denied that he was involved in the genocide and insisted that he is not a "cruel man". Yet there is evidence that he was head of the regime's internal security division and he is widely credited with being the regime's main ideologist.
Nuon Chea Makes Final Bid for Bail
Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, sits in the dock during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor SokuntheaBy Mean Veasna, VOA Khmer
Original report from Phnom Penh
08 February 2008
Jailed Khmer Rouge ideologue Nuon Chea made his final plea to a pre-trial panel of judges Friday, wrapping up a second day of bail hearings.
Nuon Chea and his defense sought to counter prosecution arguments that he would flee the country, destroy evidence or threaten witnesses against him.
“Nowadays, our country’s peace is moving forward,” Nuon Chea told the courts, reading slowly from a piece of paper. “I myself as well as all the countrymen hope that the Extraordinary Chambers in the Courts of Cambodia will use their wisdom to judge my request to be released on bail.”
The judges released no decision Friday, but tribunal observers were doubtful that Pol Pot’s former lieutenant would be released ahead of his atrocity crimes trials.
“There was nothing found to claim Nuon Chea would be safe and secure if he staid outside the prison,” said Lor Chunthy, a lawyer for Legal Aid of Cambodia.
Nuon Chea and his defense sought to counter prosecution arguments that he would flee the country, destroy evidence or threaten witnesses against him.
“Nowadays, our country’s peace is moving forward,” Nuon Chea told the courts, reading slowly from a piece of paper. “I myself as well as all the countrymen hope that the Extraordinary Chambers in the Courts of Cambodia will use their wisdom to judge my request to be released on bail.”
The judges released no decision Friday, but tribunal observers were doubtful that Pol Pot’s former lieutenant would be released ahead of his atrocity crimes trials.
“There was nothing found to claim Nuon Chea would be safe and secure if he staid outside the prison,” said Lor Chunthy, a lawyer for Legal Aid of Cambodia.
Friday, February 08, 2008
Cambodian genocide victim confronts former Khmer Rouge leader in courtroom
Theary Seng, Cambodian Executive Director of the Center for Social Development, talks to the media in this Jan. 20, 2008 photo, in Phnom Penh, Cambodia. Theary, whose parents died during the Khmer Rouge regime, took the stand as a representative of the civil party in the second day of a hearing for former leader Noun Chea's appeal against his pretrial detention on Friday, Feb. 8, 2008, at Cambodia's U.N.-backed genocide tribunal. (AP Photo/Heng Sinith)By KER MUNTHIT, Associated Press Writer
AP
PHNOM PENH, Cambodia - A Cambodian genocide victim confronted a former Khmer Rouge leader for the first time in a courtroom Friday, demanding to know who was responsible for the "hellish regime" that caused the deaths of some 1.7 million people, including her parents.
Tribunal officials called it a historic moment when Theary Seng took the stand on the second day of a hearing of former leader Nuon Chea's appeal for release from pretrial detention at Cambodia's U.N.-backed genocide tribunal.
Nuon Chea has denied any guilt, saying he is not a "cruel" man.
"If Nuon Chea claimed he was not responsible, who was then for the loss of my parents and other victims' loved ones?" asked Theary Seng, a Cambodian-American. "What we know is that Nuon Chea was the second leader after (late Khmer Rouge leader) Pol Pot. It was a hellish regime."
No Khmer Rouge leaders have ever stood trial for their regime's activities, and there are fears the aging and infirm defendants could die before facing justice. Pol Pot died in 1998.
Nuon Chea, who was the main ideologist for the now defunct communist group, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the Khmer Rouge's ruthless 1975-79 rule.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to hold the first trials later this year.
Prosecutors have argued that continued detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea sat stoically across from Theary Seng in the courtroom as she testified. When she was 7 years old, Theary Seng and her 4-year-old brother were "shackled and held under inhumane condition in a Khmer Rouge prison," she said.
"It's the first time a victim is able to stand up and confront a defendant. It's extremely symbolic," said Peter Foster, a tribunal spokesman. "We made history today."
Theary Seng's testimony was allowed under tribunal rules that give victims an unprecedented voice in the proceedings, the tribunal said.
"To date, no international or hybrid tribunal mandated to investigate war crimes, crimes against humanity or genocide has involved victims as civil parties, giving them full procedural rights," the tribunal's Victims Unit said in a statement.
Victims whose complaints have been accepted can participate in investigations, be represented by lawyers, call witnesses, question the accused and claim reparations for the harm they suffered.
Nuon Chea's defense had contested having victims testify at the hearing on his appeal for release, while accepting that victims have a right to participate in other aspects of the tribunal. However, the judges allowed their participation.
Robert Petit, a co-prosecutor, said the tribunal rules "state that the civil parties have a right to participate in the proceedings and they don't limit or qualify that participation in the types of proceedings."
Nuon Chea is the second defendant to appear before judges to appeal for release from pretrial detention. He has argued the tribunal's investigating judges did not have sufficient grounds to detain him.
The tribunal announced Thursday that it is seeking more funds from aid donors for a threefold increase in its budget.
The request to increase the budget to US$170 million (euro 116 million) from the original US$56.3 million would allow the tribunal to operate through March 2011, Foster said Thursday.
Tribunal officials called it a historic moment when Theary Seng took the stand on the second day of a hearing of former leader Nuon Chea's appeal for release from pretrial detention at Cambodia's U.N.-backed genocide tribunal.
Nuon Chea has denied any guilt, saying he is not a "cruel" man.
"If Nuon Chea claimed he was not responsible, who was then for the loss of my parents and other victims' loved ones?" asked Theary Seng, a Cambodian-American. "What we know is that Nuon Chea was the second leader after (late Khmer Rouge leader) Pol Pot. It was a hellish regime."
No Khmer Rouge leaders have ever stood trial for their regime's activities, and there are fears the aging and infirm defendants could die before facing justice. Pol Pot died in 1998.
Nuon Chea, who was the main ideologist for the now defunct communist group, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the Khmer Rouge's ruthless 1975-79 rule.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to hold the first trials later this year.
Prosecutors have argued that continued detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea sat stoically across from Theary Seng in the courtroom as she testified. When she was 7 years old, Theary Seng and her 4-year-old brother were "shackled and held under inhumane condition in a Khmer Rouge prison," she said.
"It's the first time a victim is able to stand up and confront a defendant. It's extremely symbolic," said Peter Foster, a tribunal spokesman. "We made history today."
Theary Seng's testimony was allowed under tribunal rules that give victims an unprecedented voice in the proceedings, the tribunal said.
"To date, no international or hybrid tribunal mandated to investigate war crimes, crimes against humanity or genocide has involved victims as civil parties, giving them full procedural rights," the tribunal's Victims Unit said in a statement.
Victims whose complaints have been accepted can participate in investigations, be represented by lawyers, call witnesses, question the accused and claim reparations for the harm they suffered.
Nuon Chea's defense had contested having victims testify at the hearing on his appeal for release, while accepting that victims have a right to participate in other aspects of the tribunal. However, the judges allowed their participation.
Robert Petit, a co-prosecutor, said the tribunal rules "state that the civil parties have a right to participate in the proceedings and they don't limit or qualify that participation in the types of proceedings."
Nuon Chea is the second defendant to appear before judges to appeal for release from pretrial detention. He has argued the tribunal's investigating judges did not have sufficient grounds to detain him.
The tribunal announced Thursday that it is seeking more funds from aid donors for a threefold increase in its budget.
The request to increase the budget to US$170 million (euro 116 million) from the original US$56.3 million would allow the tribunal to operate through March 2011, Foster said Thursday.
Pol Pot number two blames outsiders for ills
Fri Feb 8, 2008
PHNOM PENH (Reuters) - Khmer Rouge "Brother Number Two" Nuon Chea blamed foreigners on Friday for Cambodia's current ills, thereby refusing to acknowledge the legacy of Pol Pot's murderous regime at the U.N.-backed "Killing Fields" tribunal.
"My fellow Cambodians, today Cambodia is enjoying peace, solidarity and national reconciliation and its development is improving gradually," the octogenarian former guerrilla chief, charged with crimes against humanity, said at his bail hearing.
"But difficulties remain due to the influence of foreign countries that are hindering Cambodia's growth," he said without elaborating.
His only other words were in praise of Prime Minister Hun Sen, a one-eyed ex-Khmer Rouge fighter who defected to Vietnam in the late 1970s before returning with the 1979 Vietnamese invasion that ousted Pol Pot's four-year reign of terror.
An estimated 1.7 million people were executed or died of torture, disease and starvation under the ultra-Maoist regime as Pol Pot's dream of creating an agrarian peasant utopia descended into the nightmare of the "Killing Fields".
The effects of the "Year Zero" revolution and the nearly two decades of civil war that followed are still being felt 30 years later, with Cambodia one of the poorest and most heavily mined countries in Asia.
The court is expected to rule on Nuon Chea's bail request in several days. He is highly unlikely to be freed.
Besides Nuon Chea, top cadres now in custody are former President Khieu Samphan, former Foreign Minister Ieng Sary and his wife, Ieng Thirith, and Duch, head of Phnom Penh's Tuol Sleng, or "S-21" interrogation and torture centre.
Pol Pot died in 1998 in the final Khmer Rouge redoubt of Anlong Veng on the Thai border.
"My fellow Cambodians, today Cambodia is enjoying peace, solidarity and national reconciliation and its development is improving gradually," the octogenarian former guerrilla chief, charged with crimes against humanity, said at his bail hearing.
"But difficulties remain due to the influence of foreign countries that are hindering Cambodia's growth," he said without elaborating.
His only other words were in praise of Prime Minister Hun Sen, a one-eyed ex-Khmer Rouge fighter who defected to Vietnam in the late 1970s before returning with the 1979 Vietnamese invasion that ousted Pol Pot's four-year reign of terror.
An estimated 1.7 million people were executed or died of torture, disease and starvation under the ultra-Maoist regime as Pol Pot's dream of creating an agrarian peasant utopia descended into the nightmare of the "Killing Fields".
The effects of the "Year Zero" revolution and the nearly two decades of civil war that followed are still being felt 30 years later, with Cambodia one of the poorest and most heavily mined countries in Asia.
The court is expected to rule on Nuon Chea's bail request in several days. He is highly unlikely to be freed.
Besides Nuon Chea, top cadres now in custody are former President Khieu Samphan, former Foreign Minister Ieng Sary and his wife, Ieng Thirith, and Duch, head of Phnom Penh's Tuol Sleng, or "S-21" interrogation and torture centre.
Pol Pot died in 1998 in the final Khmer Rouge redoubt of Anlong Veng on the Thai border.
Thursday, February 07, 2008
Khmer Rouge's Brother Number 2 Back in Court in Cambodia
By Rory Byrne, VOA
Phnom Penh
07 February 2008
Phnom Penh
07 February 2008
The Khmer Rouge's former second-in-command, Nuon Chea, has been back in court, facing charges of crimes against humanity and other offenses committed during the communist rule of Cambodia 30 years ago. Nuon Chea has asked to be released on bail because of poor health and legal questions surrounding his arrest. Rory Byrne reports from Phnom Penh.
This was Nuon Chea's second appearance in court in just three days. His first bail hearing was cut short over a dispute concerning the legal status of one of his two foreign defense lawyers.
That problem was quickly resolved and Nuon Chea was in court Thursday accompanied by both his foreign and Cambodian lawyers.
Known as Brother Number Two, Nuon Chea is believed to have been the chief ideologue of the secretive Khmer Rouge and right-hand man to leader Pol Pot, who died in 1998. Almost two million Cambodians died under the Khmer Rouge's rule from starvation, overwork and execution.
Appearing upbeat and alert, the 81 -ear-old listened intently to the proceedings through a set of earphones and conferred regularly with his lawyers.
Peter Foster is the spokesman for the United Nations' tribunal staff. He says the speed with which Nuon Chea's bail hearing was rescheduled shows the determination of court officials to push the tribunal process forward.
"The hearing was recalled the very next day - actually with less than 24 hours notice," Foster said. "I think that shows that the court, and the government of Cambodia, and everybody involved in the process, does not want to see any delay whatsoever and I think it bodes very well for the future of the process."
Nuon Chea's lawyers asked for bail because of his poor health and what they say were technical mistakes made during his arrest. They also argue that he was not fully informed of his rights when he agreed to speak with tribunal authorities after his arrest without his lawyer present.
The prosecutors argue that freeing him could pose a threat to public order.
A decision on the bail application is not expected for about a week and Noun Chea will remain in his prison cell.
He is the second former Khmer Rouge leader to appear in court so far. Cases against at least four other prominent leaders are being prepared.
The creation of the joint United Nations-Cambodian tribunal was delayed for years because of funding and wrangling over legal issues.
As a result, many Khmer Rouge officials have long since died. Some of their victims fear none of the Khmer Rouge will ever be brought to justice for the abuses that occurred when the group tried to impose an extreme form of agrarian society on the country.
Foster, the U.N. spokesman, also said Thursday that the tribunal has asked for new donations of $114 million, on top of the $56 million already donated for the court. The additional money would allow the tribunal to operate until 2011.
This was Nuon Chea's second appearance in court in just three days. His first bail hearing was cut short over a dispute concerning the legal status of one of his two foreign defense lawyers.
That problem was quickly resolved and Nuon Chea was in court Thursday accompanied by both his foreign and Cambodian lawyers.
Known as Brother Number Two, Nuon Chea is believed to have been the chief ideologue of the secretive Khmer Rouge and right-hand man to leader Pol Pot, who died in 1998. Almost two million Cambodians died under the Khmer Rouge's rule from starvation, overwork and execution.
Appearing upbeat and alert, the 81 -ear-old listened intently to the proceedings through a set of earphones and conferred regularly with his lawyers.
Peter Foster is the spokesman for the United Nations' tribunal staff. He says the speed with which Nuon Chea's bail hearing was rescheduled shows the determination of court officials to push the tribunal process forward.
"The hearing was recalled the very next day - actually with less than 24 hours notice," Foster said. "I think that shows that the court, and the government of Cambodia, and everybody involved in the process, does not want to see any delay whatsoever and I think it bodes very well for the future of the process."
Nuon Chea's lawyers asked for bail because of his poor health and what they say were technical mistakes made during his arrest. They also argue that he was not fully informed of his rights when he agreed to speak with tribunal authorities after his arrest without his lawyer present.
The prosecutors argue that freeing him could pose a threat to public order.
A decision on the bail application is not expected for about a week and Noun Chea will remain in his prison cell.
He is the second former Khmer Rouge leader to appear in court so far. Cases against at least four other prominent leaders are being prepared.
The creation of the joint United Nations-Cambodian tribunal was delayed for years because of funding and wrangling over legal issues.
As a result, many Khmer Rouge officials have long since died. Some of their victims fear none of the Khmer Rouge will ever be brought to justice for the abuses that occurred when the group tried to impose an extreme form of agrarian society on the country.
Foster, the U.N. spokesman, also said Thursday that the tribunal has asked for new donations of $114 million, on top of the $56 million already donated for the court. The additional money would allow the tribunal to operate until 2011.
No. 2 to Pol Pot appears at hearing in Cambodia
Nuon Chea accused of aiding genocide during Khmer Rouge's rule
Thursday, February 7, 2008
Corinne Purtill
San Francisco Chronicle Foreign Service (California, USA)
Thursday, February 7, 2008
Corinne Purtill
San Francisco Chronicle Foreign Service (California, USA)
Phnom Penh, Cambodia -- The top surviving Khmer Rouge leader appeared this week for the first time at the U.N.-backed tribunal probing the deaths of an estimated 1.7 million people during the Maoist government's 1975-1979 rule.
Nuon Chea, 81, appeared alert and answered questions in a clear voice as his lawyers argued successfully Monday for a postponement of his pretrial hearing for war crimes and crimes against humanity. They cited the absence of foreign counsel.
The hearing resumes Thursday.
The judicial delay angered many Cambodians in the courtroom, some of whom had traveled miles to witness the prosecution of the man they believe is most responsible for the murder of their loved ones.
"I felt angry seeing his face ... protected by lots of bodyguards, sitting in an air-conditioned room," said Sok Sour, 68, whose husband, Phann Sopha, was executed by the Khmer Rouge in 1977. "I suffered too much from what they did to us."
The former chief ideologist of the Khmer Rouge is expected to ask to be released on bail from the detention facility adjacent to the courtroom, where he has been held since his arrest Sept. 19. He remains in prison pending the outcome of today's hearing.
Nuon Chea is one of five aging former Khmer Rouge leaders on trial for war crimes. The others include former head of state Khieu Samphan, ex-foreign minister Ieng Sary and his wife, Ieng Thirith, who were arrested late last year. Just this week, Ieng Sary, 82, was hospitalized after urinating blood, according to his lawyer.
The last defendant is Kaing Guek Iev, also known as Duch, who was arrested in 1999. He was the director of the notorious secret Phnom Penh torture center known as S-21. Out of 20,000 prisoners, only seven walked out alive.
Khmer Rouge leader Pol Pot, known as "Brother Number One," died in 1998 from natural causes while under house arrest.
The $56 million tribunal was created in 2003 after years of contentious negotiations between the United Nations and the Cambodian government. Since then, the court has moved at a snail's pace. A pretrial hearing for Duch just got underway in November, and prosecutors say there are no scheduled dates for other trials.
"There will be a trial this year. When, I don't know," said U.N. co-prosecutor Robert Petit, a Canadian.
Nuon Chea, known as "Brother Number Two," was Pol Pot's most trusted deputy and is credited with helping to orchestrate genocide against those deemed a threat to the Khmer Rouge revolution. The Maoists emptied cities and drove the population into work camps as part of a radical social upheaval. As a result, an estimated 1.7 million people died from starvation, execution, disease and overwork.
Nuon Chea left the Khmer Rouge in 1998 and has since lived in the town of Pailin near the Thai border. He has denied taking part in genocide.
Dressed in a long-sleeved blue button-down shirt with his white hair neatly brushed back, Nuon Chea asked the judges to adjourn the Monday hearing. "If this proceeding goes ahead, I believe it is not fair for me," he read in a prepared statement.
His Cambodian lawyers agreed, citing the absence of their client's two Dutch attorneys. Victor Koppe had yet to be authorized by the Cambodian Bar Association and Michiel Pestman remained in Amsterdam, unable to attend the proceedings. Tribunal rules allow each defendant to be represented by Cambodian and foreign counsel.
Koppe, who finally received authorization in time for today's hearing, believes the bar association delayed the authorization after he filed a motion to remove Judge Ney Thol. Koppe believes Thol, a member of Cambodia's military that fought the Khmer Rouge in the 1990s, will be influenced by his military past before rendering a decision.
Koppe's concern of judicial bias echoes widespread belief that the nation's courts are notoriously corrupt and are regarded with little esteem by most Cambodians.
Last year, a U.N. report criticized the Cambodian administration of the tribunal for hiring unqualified staff, raising salaries for some employees by more than 300 percent and employing judges who had paid off officials for their positions on the court. In response, the government called the study an "unbalanced account."
Meanwhile, the tribunal's budget is in the red, and potential donors, including the United States, are adamant about the court meeting international standards before infusing the court with more money.
"The State Department is not going to seek funding ... until we can show the American people and Congress that the tribunal will meet that standard," said Jeff Daigle, a spokesman for the U.S. Embassy in Phnom Penh.
At the same time, prosecutors are worried that most of the elderly Khmer Rouge defendants will die before facing the tribunal, a concern magnified by Ieng Sary's hospitalization this week.
"Any delay in getting to the truth of this matter and getting justice for the victims is regrettable," said prosecutor Petit.
Nuon Chea, 81, appeared alert and answered questions in a clear voice as his lawyers argued successfully Monday for a postponement of his pretrial hearing for war crimes and crimes against humanity. They cited the absence of foreign counsel.
The hearing resumes Thursday.
The judicial delay angered many Cambodians in the courtroom, some of whom had traveled miles to witness the prosecution of the man they believe is most responsible for the murder of their loved ones.
"I felt angry seeing his face ... protected by lots of bodyguards, sitting in an air-conditioned room," said Sok Sour, 68, whose husband, Phann Sopha, was executed by the Khmer Rouge in 1977. "I suffered too much from what they did to us."
The former chief ideologist of the Khmer Rouge is expected to ask to be released on bail from the detention facility adjacent to the courtroom, where he has been held since his arrest Sept. 19. He remains in prison pending the outcome of today's hearing.
Nuon Chea is one of five aging former Khmer Rouge leaders on trial for war crimes. The others include former head of state Khieu Samphan, ex-foreign minister Ieng Sary and his wife, Ieng Thirith, who were arrested late last year. Just this week, Ieng Sary, 82, was hospitalized after urinating blood, according to his lawyer.
The last defendant is Kaing Guek Iev, also known as Duch, who was arrested in 1999. He was the director of the notorious secret Phnom Penh torture center known as S-21. Out of 20,000 prisoners, only seven walked out alive.
Khmer Rouge leader Pol Pot, known as "Brother Number One," died in 1998 from natural causes while under house arrest.
The $56 million tribunal was created in 2003 after years of contentious negotiations between the United Nations and the Cambodian government. Since then, the court has moved at a snail's pace. A pretrial hearing for Duch just got underway in November, and prosecutors say there are no scheduled dates for other trials.
"There will be a trial this year. When, I don't know," said U.N. co-prosecutor Robert Petit, a Canadian.
Nuon Chea, known as "Brother Number Two," was Pol Pot's most trusted deputy and is credited with helping to orchestrate genocide against those deemed a threat to the Khmer Rouge revolution. The Maoists emptied cities and drove the population into work camps as part of a radical social upheaval. As a result, an estimated 1.7 million people died from starvation, execution, disease and overwork.
Nuon Chea left the Khmer Rouge in 1998 and has since lived in the town of Pailin near the Thai border. He has denied taking part in genocide.
Dressed in a long-sleeved blue button-down shirt with his white hair neatly brushed back, Nuon Chea asked the judges to adjourn the Monday hearing. "If this proceeding goes ahead, I believe it is not fair for me," he read in a prepared statement.
His Cambodian lawyers agreed, citing the absence of their client's two Dutch attorneys. Victor Koppe had yet to be authorized by the Cambodian Bar Association and Michiel Pestman remained in Amsterdam, unable to attend the proceedings. Tribunal rules allow each defendant to be represented by Cambodian and foreign counsel.
Koppe, who finally received authorization in time for today's hearing, believes the bar association delayed the authorization after he filed a motion to remove Judge Ney Thol. Koppe believes Thol, a member of Cambodia's military that fought the Khmer Rouge in the 1990s, will be influenced by his military past before rendering a decision.
Koppe's concern of judicial bias echoes widespread belief that the nation's courts are notoriously corrupt and are regarded with little esteem by most Cambodians.
Last year, a U.N. report criticized the Cambodian administration of the tribunal for hiring unqualified staff, raising salaries for some employees by more than 300 percent and employing judges who had paid off officials for their positions on the court. In response, the government called the study an "unbalanced account."
Meanwhile, the tribunal's budget is in the red, and potential donors, including the United States, are adamant about the court meeting international standards before infusing the court with more money.
"The State Department is not going to seek funding ... until we can show the American people and Congress that the tribunal will meet that standard," said Jeff Daigle, a spokesman for the U.S. Embassy in Phnom Penh.
At the same time, prosecutors are worried that most of the elderly Khmer Rouge defendants will die before facing the tribunal, a concern magnified by Ieng Sary's hospitalization this week.
"Any delay in getting to the truth of this matter and getting justice for the victims is regrettable," said prosecutor Petit.
Nuon Chea in the dock during his 2nd bail appeal hearing
Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, stands in the dock during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal on Thursday to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor Sokunthea
Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, sits in the dock during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor Sokunthea
Noun Chea, a former Khmer Rouge leader and right hand man to Pol Pot, looks on during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him. (AP Photo/Heng Sinith, Pool)
Noun Chea, a former Khmer Rouge leader and right hand man to Pol Pot, looks on during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him. (AP Photo/Heng Sinith, Pool)
Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, sits in the dock during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor Sokunthea
Headshot of Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal on Thursday to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor SokuntheaPublic participation at Nuon Chea's bail appeal hearing
Cambodian police officers watch a line of people as they wait outside the court room during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him. (AP Photo/Heng Sinith)
Cambodians wait to attend the UN-backed genocide tribunal of Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal on Thursday to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor Sokunthea
Cambodian Muslims wait to attend the UN-backed genocide tribunal of Nuon Chea, Pol Pot's right hand man from the Khmer Rouge, during his second public appearance at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in Phnom Penh February 7, 2008. Nuon Chea appeared before Cambodia's "Killing Fields" tribunal on Thursday to request bail, arguing he was not a flight risk and would not try to influence potential witnesses. REUTERS/Chor Sokunthea
Cambodian people wait outside the court room during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him. (AP Photo/Heng Sinith)
A Cambodian man, center, shows his ID card before he gets into the court room during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him.(AP Photo/Heng Sinith)
Chum Mey, one of the few survivors who was imprisoned at Tuol Sleng prison by the Khmer Rouge talks outside the court room during a hearing Thursday, Feb. 7, 2008, at the U.N.-back genocide tribunal in Phnom Penh, Cambodia. A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal Thursday pressed for an appeal for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him. (AP Photo/Heng Sinith)Khmer Rouge leader asks for bail
Thursday, 7 February 2008
BBC News
BBC News
The senior surviving leader of Cambodia's Khmer Rouge regime has appeared in court to appeal against his detention by a genocide tribunal.
Nuon Chea, who faces charges of crimes against humanity, requested bail on the grounds he was not a flight risk.
The hearing had been delayed from Monday by a row over his legal team.
Nuon Chea was deputy to Khmer Rouge leader Pol Pot, under whose brutal four-year rule more than one million people are believed to have died.
Experts believe Nuon Chea was the ideological driving force behind the regime and responsible for its most radical policies.
The octogenarian is one of five top Khmer Rouge officials who have been charged by the UN-backed genocide tribunal. Trials are expected to begin later this year.
'Beloved country'
Nuon Chea told the court that he should be released on bail to await trial.
"I have no desire to leave my beloved country," he said. "No-one is worried about my security."
A decision from the court is not expected for several days.
A similar appeal by the head of the Khmer Rouge's notorious Tuol Sleng prison, Duch, was turned down in December last year.
The BBC's Guy Delauney, in Phnom Penh, says that the tribunal is of great symbolic value, giving survivors of the Khmer Rouge era a chance to have their say.
Four survivors have been registered as civil parties to the case and have the right to address Nuon Chea in court.
It is also, our correspondent adds, a chance for the tribunal to show that it is working.
The process has been dogged by a series of problems. On Monday, Nuon Chea's hearing was adjourned because the Cambodian legal authorities had refused to register his Dutch lawyer.
There are also financial difficulties. The courts are running out of money and international donors need to be convinced that extra funds will be well spent.
Many Cambodians fear that the regime's ageing leaders may never face justice. Pol Pot died in 1998.
Nuon Chea, who faces charges of crimes against humanity, requested bail on the grounds he was not a flight risk.
The hearing had been delayed from Monday by a row over his legal team.
Nuon Chea was deputy to Khmer Rouge leader Pol Pot, under whose brutal four-year rule more than one million people are believed to have died.
Experts believe Nuon Chea was the ideological driving force behind the regime and responsible for its most radical policies.
The octogenarian is one of five top Khmer Rouge officials who have been charged by the UN-backed genocide tribunal. Trials are expected to begin later this year.
'Beloved country'
Nuon Chea told the court that he should be released on bail to await trial.
"I have no desire to leave my beloved country," he said. "No-one is worried about my security."
A decision from the court is not expected for several days.
A similar appeal by the head of the Khmer Rouge's notorious Tuol Sleng prison, Duch, was turned down in December last year.
The BBC's Guy Delauney, in Phnom Penh, says that the tribunal is of great symbolic value, giving survivors of the Khmer Rouge era a chance to have their say.
Four survivors have been registered as civil parties to the case and have the right to address Nuon Chea in court.
It is also, our correspondent adds, a chance for the tribunal to show that it is working.
The process has been dogged by a series of problems. On Monday, Nuon Chea's hearing was adjourned because the Cambodian legal authorities had refused to register his Dutch lawyer.
There are also financial difficulties. The courts are running out of money and international donors need to be convinced that extra funds will be well spent.
Many Cambodians fear that the regime's ageing leaders may never face justice. Pol Pot died in 1998.
Khmer Rouge leader Nuon Chea not likely to be released on bail
Wednesday, February 06, 2008
By Anne Heidel, legal advisor, Documentation Center of Cambodia
Published in Hotline
Jurist (USA)
By Anne Heidel, legal advisor, Documentation Center of Cambodia
Published in Hotline
Jurist (USA)
Anne Heindel [legal advisor, Documentation Center of Cambodia]: "The provisional release hearing of “Brother Number Two,” Khmer Rouge leader Nuon Chea, was cut short on Monday in response to a request by his Cambodian attorney. Son Arun argued that the proceedings must be adjourned due to the unavailability of his foreign co-counsel. Nuon’s Dutch attorney Victor Koppe was unable to appear at the proceedings after the Cambodian Bar Association refused to admit him on Friday, arguing that he had violated the Bar’s rules by signing a motion requesting the disqualification of one of the Pre-Trial Chamber (PTC) judges before being admitted to practice. The defense strategy appears to have worked. On Tuesday the Bar swore in Koppe, and Nuon’s hearing will resume on Thursday morning.
This is the second time that Nuon, charged by the Extraordinary Chambers in the Courts of Cambodia with crimes against humanity and war crimes, has requested the Court to address the scope of the right to counsel. In September, the Co-Investigating Judges (CIJs) held Nuon’s initial appearance without any counsel present. Nuon’s counsel later requested that the written records of those proceeding be annulled to remedy violations of his right to counsel and other fair trial rights. Last month the CIJs ruled that Nuon had clearly and deliberately waived his right to counsel, and refused to seize the PTC on this matter.
With these trial rights questions decided for the moment, Thursday’s hearing is likely to be short. Nuon’s attorneys are arguing that the conditions for his provisional detention have not been met. However, this argument is not likely to persuade the PTC. In November, the PTC reviewed the CIJs thinly reasoned decision in the case of Tuol Sleng prison chief Kang Guek Eak (alias Duch) and found that the legal requirements had been met for his continued detention. The prosecution’s arguments for detention were similar, and indeed stronger, in Duch’s case. Duch’s pretrial rights were likely violated by the almost nine years he was detained by a Cambodian military court, he has previously confessed his responsibility for torture and murder of detainees, and he is likely cooperating with Court. Nuon was second only to Pol Pot and has never accepted responsibility for the crimes of the Democratic Kampuchea regime. Despite Nuon’s 81 years, the PTC will undoubtedly agree with the CIJs that he is a flight risk and might interfere with victims and witnesses, and that his release could imperil public order as well as Nuon’s personal safety."
Opinions expressed in JURIST's Hotline are the sole responsibility of their authors and do not necessarily reflect the views of JURIST's editors, staff, or the University of Pittsburgh.
This is the second time that Nuon, charged by the Extraordinary Chambers in the Courts of Cambodia with crimes against humanity and war crimes, has requested the Court to address the scope of the right to counsel. In September, the Co-Investigating Judges (CIJs) held Nuon’s initial appearance without any counsel present. Nuon’s counsel later requested that the written records of those proceeding be annulled to remedy violations of his right to counsel and other fair trial rights. Last month the CIJs ruled that Nuon had clearly and deliberately waived his right to counsel, and refused to seize the PTC on this matter.
With these trial rights questions decided for the moment, Thursday’s hearing is likely to be short. Nuon’s attorneys are arguing that the conditions for his provisional detention have not been met. However, this argument is not likely to persuade the PTC. In November, the PTC reviewed the CIJs thinly reasoned decision in the case of Tuol Sleng prison chief Kang Guek Eak (alias Duch) and found that the legal requirements had been met for his continued detention. The prosecution’s arguments for detention were similar, and indeed stronger, in Duch’s case. Duch’s pretrial rights were likely violated by the almost nine years he was detained by a Cambodian military court, he has previously confessed his responsibility for torture and murder of detainees, and he is likely cooperating with Court. Nuon was second only to Pol Pot and has never accepted responsibility for the crimes of the Democratic Kampuchea regime. Despite Nuon’s 81 years, the PTC will undoubtedly agree with the CIJs that he is a flight risk and might interfere with victims and witnesses, and that his release could imperil public order as well as Nuon’s personal safety."
Opinions expressed in JURIST's Hotline are the sole responsibility of their authors and do not necessarily reflect the views of JURIST's editors, staff, or the University of Pittsburgh.
Pol Pot's number two requests bail
Thursday, February 7, 2008
Reuters
Reuters
PHNOM PENH: Pol Pot's right-hand man, Nuon Chea, appeared before Cambodia's "Killing Fields" tribunal on Wednesday to request bail, arguing he was not a flight risk and would not try to influence potential witnesses.
The octogenarian former Khmer Rouge guerrilla, charged with war crimes and crimes against humanity, also said fears for his safety were overblown as he had been living for years in "peace and harmony" at his home in the jungle along the Thai border.
"I have no desire to leave my beloved country," he told a courtroom packed with reporters. "No one is worried about my security."
A previous bail hearing was adjourned on Monday because Nuon Chea's Dutch defence lawyer, Michiel Pestman, did not turn up. Pestman was not at Thursday's hearing but sent a Dutch representative, allowing proceedings to continue.
An estimated 1.7 million people were executed or died of torture, disease or starvation under Pol Pot's 1975-79 reign of terror as his dream of creating an agrarian peasant utopia descended into the nightmare of the "Killing Fields".
Nuon Chea is accused of playing a central role in the atrocities and has been implicated directly in the mass slaughter of regime opponents by Duch, head of Phnom Penh's S-21, or Tuol Sleng, interrogation and torture centre.
Duch, who is also accused of atrocities, is expected to be a key witness at the $56 million United Nations-backed tribunal.
The court is not expected to announce its decision for several days, but it is extremely unlikely that Nuon Chea will be released.
(Reporting by Ek Madra; Writing by Ed Cropley; Editing by Michael Battye and Sanjeev Miglani)
The octogenarian former Khmer Rouge guerrilla, charged with war crimes and crimes against humanity, also said fears for his safety were overblown as he had been living for years in "peace and harmony" at his home in the jungle along the Thai border.
"I have no desire to leave my beloved country," he told a courtroom packed with reporters. "No one is worried about my security."
A previous bail hearing was adjourned on Monday because Nuon Chea's Dutch defence lawyer, Michiel Pestman, did not turn up. Pestman was not at Thursday's hearing but sent a Dutch representative, allowing proceedings to continue.
An estimated 1.7 million people were executed or died of torture, disease or starvation under Pol Pot's 1975-79 reign of terror as his dream of creating an agrarian peasant utopia descended into the nightmare of the "Killing Fields".
Nuon Chea is accused of playing a central role in the atrocities and has been implicated directly in the mass slaughter of regime opponents by Duch, head of Phnom Penh's S-21, or Tuol Sleng, interrogation and torture centre.
Duch, who is also accused of atrocities, is expected to be a key witness at the $56 million United Nations-backed tribunal.
The court is not expected to announce its decision for several days, but it is extremely unlikely that Nuon Chea will be released.
(Reporting by Ek Madra; Writing by Ed Cropley; Editing by Michael Battye and Sanjeev Miglani)
Former Khmer Rouge leader back in courtroom for bail hearing
Thursday, February 7, 2008
The Associated Press
The Associated Press
PHNOM PENH, Cambodia: A former Khmer Rouge leader detained by Cambodia's U.N.-backed genocide tribunal pressed Thursday for his release on bail, this time with the help of a foreign lawyer who was earlier barred from representing him.
Nuon Chea, the Khmer Rouge's former ideologist who appeared at Thursday's hearing, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the group's brutal 1975-79 rule, which caused the deaths of an estimated 1.7 million people.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to begin holding trials trial later this year. He is the second former Khmer Rouge leader to appear before the judges.
On Monday, the tribunal's pretrial chamber adjourned his bail hearing after Nuon Chea, demanding an "international standard" of justice, objected to having only a Cambodian lawyer represent him in the proceedings.
He demanded that he also have a foreign lawyer — who at the time was not yet formally sworn in — to help argue his appeal for bail, as is his right under the tribunal's rules.
The tribunal decided to proceed with the hearing after the lawyer, Victor Koppe of the Netherlands, was sworn in Wednesday by Cambodia's bar association. The bar had refused to induct Koppe last week after he violated its rules by acting as a defense lawyer before taking an oath.
Koppe said Wednesday he will make "a presentation" during Nuon Chea's Thursday hearing.
In their detention order last year, the tribunal's investigating judges charged the 81-year-old Nuon Chea with involvement in crimes including "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."
They said detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea has denied any guilt, saying he is not a "cruel" man and calling himself "a patriot and not a coward" trying to run away. He has also argued that the judges did not have sufficient grounds to detain him.
In December, the pretrial chamber judges ruled against a similar appeal for release by Kaing Guek Eav, also known as Duch, who headed the Khmer Rouge's notorious S-21 prison and torture center.
Nuon Chea, the Khmer Rouge's former ideologist who appeared at Thursday's hearing, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the group's brutal 1975-79 rule, which caused the deaths of an estimated 1.7 million people.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to begin holding trials trial later this year. He is the second former Khmer Rouge leader to appear before the judges.
On Monday, the tribunal's pretrial chamber adjourned his bail hearing after Nuon Chea, demanding an "international standard" of justice, objected to having only a Cambodian lawyer represent him in the proceedings.
He demanded that he also have a foreign lawyer — who at the time was not yet formally sworn in — to help argue his appeal for bail, as is his right under the tribunal's rules.
The tribunal decided to proceed with the hearing after the lawyer, Victor Koppe of the Netherlands, was sworn in Wednesday by Cambodia's bar association. The bar had refused to induct Koppe last week after he violated its rules by acting as a defense lawyer before taking an oath.
Koppe said Wednesday he will make "a presentation" during Nuon Chea's Thursday hearing.
In their detention order last year, the tribunal's investigating judges charged the 81-year-old Nuon Chea with involvement in crimes including "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."
They said detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea has denied any guilt, saying he is not a "cruel" man and calling himself "a patriot and not a coward" trying to run away. He has also argued that the judges did not have sufficient grounds to detain him.
In December, the pretrial chamber judges ruled against a similar appeal for release by Kaing Guek Eav, also known as Duch, who headed the Khmer Rouge's notorious S-21 prison and torture center.
Jailed KRouge leader fights detention
Khmer Rouge leader Nuon Chea (C)PHNOM PENH (AFP) — Khmer Rouge leader Nuon Chea appealed Thursday against his detention by Cambodia's genocide tribunal, arguing in his first public court appearance that he should be freed as he awaits trial.
Nuon Chea, the most senior of the five Khmer Rouge cadre facing trial, told the court that he posed no threat to the public and that he would not try to flee Cambodia.
"I wish to say that I am willing to testify before this court. I would never wish to leave my beloved country. I would never exert any pressure on witnesses. No one is worried about my security," he told the court.
Courtroom guards had to help the 81-year-old stand as he rose to speak, although he appeared generally healthy with close-cropped white hair and wearing a newly pressed long-sleeved shirt.
His appearance marks only the second public hearing since the UN-backed tribunal was convened 18 months ago.
Nuon Chea was the closest deputy of Khmer Rouge supreme leader Pol Pot, and was alleged the architect of the regime's devastating execution policies during its 1975-1979 rule. He is charged with war crimes and crimes against humanity.
Up to two million people died of starvation and overwork, or were executed by the Khmer Rouge, which dismantled modern Cambodian society in its effort to forge a radical agrarian utopia.
Cities were emptied, their populations exiled to vast collective farms, while schools were closed, religion banned and the educated classes targeted for extermination.
Cambodia's genocide tribunal was convened in 2006 after nearly a decade of fractious talks between the government and United Nations over how to prosecute those behind one of the 20th century's worst atrocities.
But it has been badly hampered by delays amid infighting among foreign and Cambodian judges, as well as attempts by the Cambodian Bar Association to assert its authority over foreign defence lawyers.
Nuon Chea, the most senior of the five Khmer Rouge cadre facing trial, told the court that he posed no threat to the public and that he would not try to flee Cambodia.
"I wish to say that I am willing to testify before this court. I would never wish to leave my beloved country. I would never exert any pressure on witnesses. No one is worried about my security," he told the court.
Courtroom guards had to help the 81-year-old stand as he rose to speak, although he appeared generally healthy with close-cropped white hair and wearing a newly pressed long-sleeved shirt.
His appearance marks only the second public hearing since the UN-backed tribunal was convened 18 months ago.
Nuon Chea was the closest deputy of Khmer Rouge supreme leader Pol Pot, and was alleged the architect of the regime's devastating execution policies during its 1975-1979 rule. He is charged with war crimes and crimes against humanity.
Up to two million people died of starvation and overwork, or were executed by the Khmer Rouge, which dismantled modern Cambodian society in its effort to forge a radical agrarian utopia.
Cities were emptied, their populations exiled to vast collective farms, while schools were closed, religion banned and the educated classes targeted for extermination.
Cambodia's genocide tribunal was convened in 2006 after nearly a decade of fractious talks between the government and United Nations over how to prosecute those behind one of the 20th century's worst atrocities.
But it has been badly hampered by delays amid infighting among foreign and Cambodian judges, as well as attempts by the Cambodian Bar Association to assert its authority over foreign defence lawyers.
Nuon Chea asks for a new hearing date
Wednesday, February 6, 2008
Everyday.com.kh
Translated from Khmer by Socheata
Everyday.com.kh
Translated from Khmer by Socheata
The lawyer of Nuon Chea, the former KR leader currently jailed, officially requested, on Tuesday, the ECCC to hold a hearing for his client’s bail appeal. The previous hearing was adjourned on Monday because Nuon Chea’s foreign lawyer was not sworn in yet. Victor Koppe, Nuon Chea’s foreign lawyer was sworn in on Wednesday so that the hearing can take place to decide on Nuon Chea’s bail. Son Arun, Nuon Chea’s Cambodian lawyer, said that he already his request to the ECCC to set a new date for the hearing. Reach Sambath, the ECCC spokesman, said that this hearing will be held in the near future.
Wednesday, February 06, 2008
Victor Koppe sworn in by CBA, Nuon Chea's bail appeal hearing to be held onThursday
Former Khmer Rouge leader prepares for hearing
06/02/2008
Australian Broadcasting Corporation
06/02/2008
Australian Broadcasting Corporation
Former Khmer Rouge leader Nuon Chea's first public hearing before Cambodia's genocide tribunal will now be held on Thursday, when he is expected to appeal against his detention.
The hearing had been set for Monday, but was postponed because of a row over Nuon Chea's legal team.
But the dispute was resolved once Cambodia's Bar Association finally admitted Dutch attorney, Victor Koppe, allowing him to join Nuon Chea's legal team.
The Bar had initially refused to admit Mr Koppe, saying he had signed certain legal documents incorrectly.
Nuon Chea was the closest deputy to the Khmer Rouge leader Pol Pot.
He is the alleged architect of the regime's execution policies during its 1975 to 1979 rule, and is charged with war crimes and crimes against humanity.
His expected appeal will be only the second public hearing since the tribunal was convened 18 months ago.
The hearing had been set for Monday, but was postponed because of a row over Nuon Chea's legal team.
But the dispute was resolved once Cambodia's Bar Association finally admitted Dutch attorney, Victor Koppe, allowing him to join Nuon Chea's legal team.
The Bar had initially refused to admit Mr Koppe, saying he had signed certain legal documents incorrectly.
Nuon Chea was the closest deputy to the Khmer Rouge leader Pol Pot.
He is the alleged architect of the regime's execution policies during its 1975 to 1979 rule, and is charged with war crimes and crimes against humanity.
His expected appeal will be only the second public hearing since the tribunal was convened 18 months ago.
Sunday, February 03, 2008
Nuon Chea's lawyer: Nuon Chea "feels an 'absence of freedom' in his 'detention'"
Khmer Rouge leader Nuon Chea looks out from his Pailin, Cambodia, border home in this July 26, 2003 file photo. Nuon Chea, Pol Pot's second in command from 1975 to 1979, is scheduled to appear Monday, Feb. 4, 2008, at a hearing at the U.N.-backed genocide tribunal in Phnom Penh. Chea, along with several other top Khmer Rouge leaders, is in a U.N. detention center in Phnom Penh awaiting trial on crimes against humanity. More than 1.7 million Cambodians were killed, starved or worked to death while the Khmer Rouge was in power. (AP Photo/David Longstreath, File)Ex-Khmer Rouge Leader Ready for Hearing
PHNOM PENH, Cambodia (AP) — Former Khmer Rouge leader Nuon Chea will ask to be released on bail when he makes his first appearance before Cambodia's U.N.-backed genocide tribunal on Monday, his lawyer said.
Nuon Chea, a Khmer Rouge ideologist and a top leader of the murderous movement, is scheduled to appear before the tribunal's pre-trial chamber.
The tribunal has detained Nuon Chea since last year on charges of war crimes and crimes against humanity for his alleged role in the Khmer Rouge atrocities that led to the deaths of some 1.7 million people when the communist movement held power in Cambodia in 1975-79.
The 81-year-old is one of five former Khmer Rouge leaders pending trial, which is expected to start later this year.
Son Arun, Nuon Chea's lawyer, said his client would appeal his detention and ask that he be released on bail because he "feels an absence of freedom in his detention, where all he does is eat and sleep."
"It is not like when he used to live with his family," Son Arun said, adding his client was in normal health and ready to appear before the hearing.
The tribunal investigating judges have charged Nuon Chea with "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."
The tribunal says the detention was necessary to prevent him from pressuring witnesses or destroying evidence. They say Nuon Chea's own safety could also be at risk if he was at large.
Nuon Chea, a Khmer Rouge ideologist and a top leader of the murderous movement, is scheduled to appear before the tribunal's pre-trial chamber.
The tribunal has detained Nuon Chea since last year on charges of war crimes and crimes against humanity for his alleged role in the Khmer Rouge atrocities that led to the deaths of some 1.7 million people when the communist movement held power in Cambodia in 1975-79.
The 81-year-old is one of five former Khmer Rouge leaders pending trial, which is expected to start later this year.
Son Arun, Nuon Chea's lawyer, said his client would appeal his detention and ask that he be released on bail because he "feels an absence of freedom in his detention, where all he does is eat and sleep."
"It is not like when he used to live with his family," Son Arun said, adding his client was in normal health and ready to appear before the hearing.
The tribunal investigating judges have charged Nuon Chea with "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."
The tribunal says the detention was necessary to prevent him from pressuring witnesses or destroying evidence. They say Nuon Chea's own safety could also be at risk if he was at large.
Monday, January 28, 2008
Khmer Rouge Tribunal Rejects Delay To Hearing:Official
PHNOM PENH (AFP)--Cambodia's Khmer Rouge tribunal will hear an appeal against regime leader Nuon Chea's detention on Feb. 4, officials said Monday, rejecting efforts to delay the court's second public hearing.
Legal maneuvering by Nuon Chea's defense lawyers had threatened to delay the proceedings, court officials said.
But the court said the hearing would take place as scheduled, rejecting requests by Nuon Chea's team to strike some of his testimony from the record.
Lawyers for the most senior surviving Khmer Rouge cadre had argued that tribunal judges should not have conducted their client's initial interviews in the absence of defense counsel following his arrest in September.
"Mr. Nuon's apparent waiver of his right to counsel was involuntary, uninformed, ambiguous and therefore ineffective," they said in their request to annul the written record of Nuon Chea's first three court appearances.
But judges, in an order issued Friday, said the 81-year-old had repeatedly denied that he needed a lawyer present for the interviews.
"It appears difficult to imagine a situation where the waiver could have been more clear and more deliberate than in this case," the judges wrote in their decision to reject the request.
Nuon Chea, who was Khmer Rouge leader Pol Pot's closest deputy, is charged with war crimes and crimes against humanity. He was the alleged architect of the communist regime's sweeping execution policies during its 1975-1979 rule.
Five top cadres have been arrested so far, with the first trials expected to begin in mid-2008.
Up to two million people died of starvation, disease and overwork, or were executed under the Khmer Rouge, which emptied Cambodia's cities, exiling millions to vast collective farms in a bid to forge an agrarian utopia.
Schools, religion and currency were outlawed and the educated classes targeted for extermination by the communists.
"Everything is clear now. The co-investigating judges wanted to show that they have done everything fairly for Nuon Chea," tribunal spokesman Reach Sambath told AFP Monday, saying the hearing would be held.
Legal maneuvering by Nuon Chea's defense lawyers had threatened to delay the proceedings, court officials said.
But the court said the hearing would take place as scheduled, rejecting requests by Nuon Chea's team to strike some of his testimony from the record.
Lawyers for the most senior surviving Khmer Rouge cadre had argued that tribunal judges should not have conducted their client's initial interviews in the absence of defense counsel following his arrest in September.
"Mr. Nuon's apparent waiver of his right to counsel was involuntary, uninformed, ambiguous and therefore ineffective," they said in their request to annul the written record of Nuon Chea's first three court appearances.
But judges, in an order issued Friday, said the 81-year-old had repeatedly denied that he needed a lawyer present for the interviews.
"It appears difficult to imagine a situation where the waiver could have been more clear and more deliberate than in this case," the judges wrote in their decision to reject the request.
Nuon Chea, who was Khmer Rouge leader Pol Pot's closest deputy, is charged with war crimes and crimes against humanity. He was the alleged architect of the communist regime's sweeping execution policies during its 1975-1979 rule.
Five top cadres have been arrested so far, with the first trials expected to begin in mid-2008.
Up to two million people died of starvation, disease and overwork, or were executed under the Khmer Rouge, which emptied Cambodia's cities, exiling millions to vast collective farms in a bid to forge an agrarian utopia.
Schools, religion and currency were outlawed and the educated classes targeted for extermination by the communists.
"Everything is clear now. The co-investigating judges wanted to show that they have done everything fairly for Nuon Chea," tribunal spokesman Reach Sambath told AFP Monday, saying the hearing would be held.
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