Sunday, 10 February 2008

Pre-Trial Chamber Postponed the Announcement of the Judges’ Decision on Nuon Chea’s Appeal

10 February 2008.
The Mirror, Vol. 12, No. 546 - For the Khmer version, the Kanhchok Sangkum, click here.“

Phnom Penh: On 8 February 2008, the Pre-Trial Chamber of the Khmer Rouge Tribunal decided to postpone the judges’ decision to an unspecified date on Nuon Chea’s appeal, whether to release him or to continue to temporarily detain him.

“The hearing on 8 February 2008, which was the third day of the appeal hearings of Nuon Chea, was intended for arguments against the detention order issued by the co-investigating judges. All parties raised their legal reasons respectively.

“Three victims or their civil party lawyers supported the co-prosecutors’ conclusion of 7 February requesting the chair of the pre-trial chamber to keep the defendant temporarily jailed.
“The civil parties’ attorneys said that there were two main reasons why they want Nuon Chea to remain in detention.

“The lawyers stated that the first reason is the personal security of Nuon Chea if he were out of jail. Nuon Chea’s current condition has been well known by the public both in the country and around the world through the media. Prior to his detention, Nuon Chea had not been well-known.

“The victims’ lawyers added their second reason, saying that if Nuon Chea is freed, it can affect the public order, because victimized Cambodian people, who live all over the country, might see him outside the jail; they might demonstrate against him and create chaos around the country.

“Ms. Seng Theary, Executive Director of the Center for Social Development, said in the hearing that the court should continue to detain Nuon Chea. She said, ‘We think that the conditions stated in the internal rules should be fully implemented by the court.’

“The Executive Director of the Center for Social Development added that if the chamber decided to allow Nuon Chea to be release on bail, he could be killed by whatever cause before entering into any future hearing. She added, ‘We think that it would be a big loss for Cambodian victims, who want to see justice.’

“Mr. Son Arun, Nuon Chea’s Khmer co-lawyer, had denounced the decision of the co-investigating judges during the last three day of hearings for detaining Nuon Chea, who is his client, claiming that legal procedures had not been followed.

“Mr. Son Arun denied the co-prosecutors’ arguments which had stated that if his client is on bail, he would threaten witnesses or destroy documents.

“Mr. Son Arun said that his client is very old. So if he is allowed to be out of jail, he will not have the power to threaten or kill witnesses. Even when coming into the courtroom, Nuon Chea needs to be supported to walk [as he is weak].

“The lawyer claimed also, on behalf of his client, that the prediction that Nuon Chea might destroy documents, is baseless. He thinks that by now, there remains nothing un-documented, even not one sheet of paper, because the Documentation Center of Cambodia has collected all papers during the past 10 years.

“On 8 February, the co-prosecutors still maintained their accusation unchanged, as before, and asked the pre-trial chamber to continue to detain Nuon Chea, as decided by the co-investigating judges.

“On the afternoon of 8 February, after deliberations, the Chamber decided to hold a one-hour closed door hearing and then resume the public hearing, allowing the defendant Nuon Chea to deliver a final speech.

“Mr. Nuon Chea said, ‘Respected compatriots, nowadays, our country is moving forward peacefully; peace, national unity, and development are improving gradually. But the difficulties and obstacles in the country are caused by outsiders, which hinder Cambodia’s growth.’ Nuon Chea said, ‘The Rectangular Strategy and the win-win strategy of the Royal Government led by Samdech Akak Moha Senapadei Dekchor Hun Sen are really addressing these problems and effectively bringing progress for the country. I myself as well as all the ccompatriots hope that the pre-trial chamber will use their pure, clean, and smart wisdom and conscience to judge my request to be released on bail.’

“At the end of the hearing, Mr. Prak Kimsan, chair of the pre-trial chamber, stated that the pre-trial chamber’s decision will have two elements.

“Mr. Prak Kimsan added that one decision is relating to the participation of the civil parties, and the second one concerns the appeal against the detention of the charged person, Mr. Nuon Chea.
“The chair of the pre-trial chamber finally stated that the decision related to the civil parties will be announced first, and the pre-trial chamber will inform the public two days prior to the announcement of each decision.”

Rasmei Kampuchea, Vol.16, #4511, 9.2.2008

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