The Extraordinary Chambers in the Courts of Cambodia
On 3 March, the International Co-Investigating Judge Mark Harmon of the UN-backed Extraordinary Chambers in the Courts of Cambodia (ECCC) charged two former Khmer Rouge members with several crimes committed during the Democratic Kampuchea regime.
The suspects in both cases, known as Cases 003 and 004, have been charged in absentia. Both suspects are thought to be among those most responsible for Khmer Rouge atrocities committed between 17 April 1975 and 6 January 1979.
Meas Muth, suspect in Case 003, is said to have had authority over sending people to S-21, the notorious security prison, where they were tortured and ultimately killed. A high ranking navy commander in the Revolutionary Army of Kampuchea, Muth is accused of torture and killing of Vietnamese, Thai and other foreigners captured at sea and on the islands over which Democratic Kampuchea claimed sovereignty. He is also charged with having committed Grave Breaches of the Geneva Conventions of 1949.
Im Chaem, a former district commander was charged with homicide, the crimes against humanity of murder, extermination, enslavement, imprisonment, persecution on political grounds and other inhumane acts at the Phnom Tryoung security centre in Banteay Meanchey province. She was further charged with the crimes against humanity of murder, enslavement, imprisonment and other inhumane acts for her role at the Spean Sreng work site. Continue reading
Last week, on 29 December 2014, the defence team of the Khmer Rouge regimes former chief ideologue, Nuon Chea, filed a full appeal against the 88-year-olds life sentence and convictions for crimes against humanity.
Raising 223 grounds of appeal, Nuon Chea requested an acquittal on all charges for which he and Khieu Samphan were convicted in Case 002/01 by the Extraordinary Chambers in the Courts of Cambodia (ECCC) in August 2014.
The 270-page long appeal brief sets out numerous flaws in the criminal proceedings and in the trial judgment.
The brief first highlights two issues that have plagued the investigation: pervasive political interference and a biased flawed investigative approach of the Co-Investigating Judges.
Nuon Cheas lawyers alleged that the lack of independence and impartiality permeating the investigation were equally apparent before the Trial Chamber. According to the defence, the Trial Chamber is deeply biased against the Accused and incapable of impartially assessing the evidence (appeal grounds 3 & 4).
The defence based this claim on a careful and detailed analysis of the judgment, which reveals, according to the Appeals brief, that a substantial portion of the findings are, or would be reasonably perceived to be attributable to a pre-disposition against the accused, and not genuinely related to the application of law, or to the assessment of the relevant facts. Continue reading
by Youk Chhang*
The Extraordinary Chambers in the Courts of Cambodia
We have come a long way in forging a number of valuable instruments and policies to meet the challenge of responding to and punishing violence and mass atrocity. Recognising that the root causes of mass atrocities often stem from the inequalities between identity groups, we have put emphasis on the legal and governmental aspects of violence prevention. In terms of punishment as well, a variety of courts have been created to shed light on the atrocious acts of criminal regimes, and punish leaders who were most responsible.
The proceedings now under way at the Extraordinary Chambers in the Courts of Cambodia (ECCC), known as the Khmer Rouge tribunal, represent one example of how Cambodia has sought to address the horrible crimes perpetrated from 1975-79. The court’s work can be broken down into four cases. Case 001, which was completed in 2012, centred upon the prosecution of the notorious chief of a prison/security centre (S-21), who was sentenced to life imprisonment.
The trial court also recently issued its judgment for the accused senior leaders in the first set of charges in Case 002. Case 002, which has been broken up into separate trials reflecting different charges against the accused, holds importance in Cambodia’s struggle to understand what happened and why during the horrific Democratic Kampuchea (DK) period. Finally, cases 003 and 004 continue to be investigated. Continue reading
Nuon Chea (left) and Khieu Samphan
Today, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) found the last two surviving leaders of Cambodias Khmer Rouge regime guilty of crimes against humanity. Kieu Samphan, the former head of state of Cambodia, and Nuon Chea, former president of the national assembly, have both been sentenced to life imprisonment.
The Trial Chamber found that both Nuon Chea and Khieu Samphan participated in a joint criminal enterprise to achieve the common purpose of implementing a rapid socialist revolution through a great leap forward by whatever means necessary. The Chamber found that this common purpose was implemented through, amongst other means, policies to forcibly displace people from cities and towns and between rural areas. As a result, during the first phase of the movement of the population at least two million people were forcibly transferred from Phnom Penh in April 1975 by Khmer Rouge soldiers under false pretexts and threats, often at gunpoint, with almost no prior warning and in terrifying and violent circumstances.
During the second phase of the movement of the population, between September 1975 and December 1977, at least 330,000 to 430,000 people were forcibly displaced from various locations throughout Cambodia. Most people were ordered to leave their locations and transferred under armed guard. Those who refused transfer or attempted escape were arrested, detained or transferred in a further round of movements. Continue reading
Kieu Samphan (left) and Nuon Chea
Today, the last two surviving leaders of Cambodia’s Khmer Rouge regime, Khieu Samphan, the former head of state of Cambodia, and Nuon Chea, former president of the national assembly under Pol Pot’s regime, begin their second trial at the Extraordinary Chambers in the Courts of Cambodia (ECCC).
Both are already on trial for war crimes and crimes against humanity at the ECCC.
The second trial includes a charge of genocide related to killings of Vietnamese and Cham Muslim minorities. The charges are based on factual allegations concerning four security centres, three worksites and one group of adjacent cooperatives.
The cases are being tried separately to accelerate proceedings, because the defendants are elderly.
The second trial is a continuation of the first one. A verdict in the first case is expected on 7 August. Prosecutors are seeking life sentences for the two accused. Continue reading