Duch claimed that proof fall on Nuon Chea’s lap

Duch (L) and Nuon Chea (R)

28 March 2012
By Leng Maly
Radio Free Asia
Translated from Khmer by Soch
Click here to read the original article in Khmer

During the KR Tribunal hearing held on 27 March, the co-prosecutors raised a number of documents related to S-21 (Tuol Sleng) reports to question Duch in order to pinpoint the accused.

Raising the S-21 reports with Duch was done to seek proof showing relationships between S-21 and the KR leaders, in particular Nuon Chea, the 2nd top leader of the KR regime.

Duch confirmed at the hearing about the writing found on a number of documents showed Nuon Chea’s involvement in 1977: “On the top box, on the left hand side, it is written: ‘Not read yet. One copy for Brother Nuon 11 Nov. 1977’. That’s the handwriting of Son Sen, my boss. Regarding the word ‘Brother Nuon’, it is directed to Mr. Nuon Chea.”

We can see that by raising these documents to question Duch at this time, the aim of the prosecution is to gather additional proof linking Nuon Chea to military security work within the Democratic Kampuchea (DK) regime.

During the hearing, Nuon Chea’s defense lawyer objected to the prosecution’s tactics as it could jeopardize his client.

Nuon Chea’s lawyer indicated that linking his client’s role to S-21 is a danger for his client and this is not part of this hearing: “Questioning about my client’s role in S-21 after 1977 brings injuries to my client. Therefore, we cannot bring up any issue after 1977 or 1978. Therefore, debating about his responsibility within S-21 [cannot] be taken out of context.”

Nuon Chea’s lawyer asked the court to hold another hearing if the prosecution wants to discuss about S-21 and the court must also summon other witnesses and bring in additional proofs.

In response the issue above raised by Nuon Chea’s lawyer, the prosecution indicated that what was asked involves the role of the accused and it is in agreement with the sub-division of the case for the current hearing.

The prosecution added that this role is not about detailed questioning either: “This is related to the relationship means with other groups. At the same time, in the case of Nuon Chea, we just want to show the proof to explain his basic role regarding security operation…”

The prosecution added that this action is done to show proof on the suspicion.

Just like several other times before, the objection raised by Nuon Chea’s lawyer was rejected by Nil Non: “Because the objection raised just now by accused Nuon Chea’s international lawyer over the framework and the extent of the questioning made by the co-prosecutor, the chamber decides that the objection by the international defense lawyer is not valid because the chamber had already made the decision.”