ECCC Reparations

This blog is designed to serve as a repository of analyses, news reports and press releases related to the issue of RERAPATIONS within the framework of the Extraordinary Chambers in Courts of Cambodia (ECCC), a.k.a. the Khmer Rouge Tribunal.

Saturday, September 29, 2007

Illness Halts Questioning of Khmer Rouge leader: Lawyer

PHNOM PENH (AFP) - Rocketing blood pressure and dizziness forced
judges with Cambodia's genocide tribunal to stop questioning detained
Khmer Rouge leader Nuon Chea Wednesday, his lawyer said.
Attorney Son Arun said his client, who has a history of health
problems, could only utter a few words in response to questions from
judges with the UN-backed court, who halted the interview after about
two hours.
"(Nuon Chea) is not well. When they questioned him heavily he became
dizzy," Son Arun told AFP, adding that Nuon Chea's blood pressure was
checked during the interview and found to be dangerously high.
Judges Wednesday quizzed Nuon Chea on his role in the Khmer Rouge's
hierarchy, Son Arun said.
"He could only answer them with a few words and he could say no
more... When the judges questioned him for a while he could not answer
correctly and could hear almost nothing," he said, adding that
questioning may continue in the afternoon.
"He did not want to say a lot because he said he could not hear
clearly," Son Arun said, adding that the judges felt his client was
simply being uncooperative.
Nuon Chea, 81, is the oldest of the Khmer Rouge's ageing leaders, all
of whom are suffering a variety of ailments, making health a major
concern for the court tasked with trying the communist regime's
leaders.
The former top lieutenant to Khmer Rouge leader Pol Pot, Nuon Chea,
who was the regime's chief ideologue, was arrested last week and
charged with war crimes and crimes against humanity.
On Tuesday, Nuon Chea's family demanded he be released on bail, saying
they doubted the tribunal's ability to care for his health.
A tribunal to try the regime's top leaders got underway last year.
Five suspects, including Nuon Chea and former regime prison chief
Duch, are under investigation, with public trials expected in 2008.
By the time the communist Khmer Rouge regime fell in 1979 up to two
million people had died of starvation, disease, overwork or were
executed in one of the worst atrocities of the 20th century.

Meet Noun Chea's Lawyer: Son Arun

Son Arun, like Noun Chea, comes from the province of Battambang, in the northwest of Cambodia. Arun, reportedly, had lost 3 brothers and a sister during the regime Noun Chea helped steer. He, with his family, left for the US when the regime was ousted and came back to Cambodia in 1989. He since has represented Prince Rannaridh and other high-ranking FUNCINPEC officials. FUNCINPEC was accused by CPP in 1997 for colluding with the remaining Khmer Rouge, which resulted in a coup d'etat in which loyal to CPP military forces were used. Son Arun continued represented beleagured Rannaridh, including most recenly filing a defamation lawsuit, on the prince's behalf, against Nhiek Bun Chhay, the Secretary-General of FUNCINPEC, who earlier accused the prince of an allegedly illegal sale of the FUNCINPEC HQs, for which Nhiek Bun Chhay claimed the prince had netted $3.6 million. In the midst of the controversy Son Arun declared that "Nhiek Bun Chhay defamed Prince Norodom Ranariddh in the hope of reducing the prince's popularity". The lawsuit filed by Son Arun, on behalf of the prince, contains allegations against Nhiek Bun Chhay and calls for the prosecution of the latter. Son Arun doesn't appear to have any experience with international criminal law.

Photos: ECCC Detention Facility



Thursday, September 27, 2007

Lawyer: High Blood Pressure Halts Nuon Chea Questioning

Lawyer: High Blood Pressure Halts Nuon Chea Questioning

VOA

http://www.voanews.com/khmer/2007-09-26-voa1.cfm

Sok Khemara, VOA Khmer
Original report from Washington
26 September 2007



High blood pressure, exhaustion and dizziness forced Khmer Rouge tribunal investigating judges to stop questioning Nuon Chea Wednesday, his lawyer told VOA Khmer.

Son Arun said the judges halted a court interview after a morning of questioning, when Nuon Chea became dizzy.

His blood pressure was checked and found dangerously high, Son Arun said.

"They dared not to continue questioning him," Son Arun said of co-investigating judges You Bunleng and Marcel Lemonde. "So they let him rest."

Nuon Chea's answers from the session would be stricken from the record, "because my client could not speak properly," Son Arun said.

Nuon Chea had not slept well the night before questioning, and he was frustrated by the repetition of queries from the judges, Son Arun said.

When judges questioned him over the hierarchy of the Khmer Rouge, he could hear almost nothing, Son Arun told Agence France-Presse Wednesday, adding that the judges accused his client of being uncooperative.

After questions about the Khmer Rouge in the 1970s, Nuon Chea had difficulty answering, so Son Arun advised him to stop, the lawyer said.

"I told him not to answer if he could not answer," Son Arun said.

Seng Theary, executive director of Center for Social Development, welcomed the pursuit of the case, but said she wanted to know the details of health care given to Nuon Chea, to avoid suspicion he was being drugged

Lawyer: High Blood Pressure Halts Nuon Chea Questioning

Lawyer: High Blood Pressure Halts Nuon Chea Questioning

VOA

http://www.voanews.com/khmer/2007-09-26-voa1.cfm

Sok Khemara, VOA Khmer
Original report from Washington
26 September 2007



High blood pressure, exhaustion and dizziness forced Khmer Rouge tribunal investigating judges to stop questioning Nuon Chea Wednesday, his lawyer told VOA Khmer.

Son Arun said the judges halted a court interview after a morning of questioning, when Nuon Chea became dizzy.

His blood pressure was checked and found dangerously high, Son Arun said.

"They dared not to continue questioning him," Son Arun said of co-investigating judges You Bunleng and Marcel Lemonde. "So they let him rest."

Nuon Chea's answers from the session would be stricken from the record, "because my client could not speak properly," Son Arun said.

Nuon Chea had not slept well the night before questioning, and he was frustrated by the repetition of queries from the judges, Son Arun said.

When judges questioned him over the hierarchy of the Khmer Rouge, he could hear almost nothing, Son Arun told Agence France-Presse Wednesday, adding that the judges accused his client of being uncooperative.

After questions about the Khmer Rouge in the 1970s, Nuon Chea had difficulty answering, so Son Arun advised him to stop, the lawyer said.

"I told him not to answer if he could not answer," Son Arun said.

Seng Theary, executive director of Center for Social Development, welcomed the pursuit of the case, but said she wanted to know the details of health care given to Nuon Chea, to avoid suspicion he was being drugged

Wednesday, September 26, 2007

Nuon Chea Seeks Foreign Lawyer to Join Defense

Nuon Chea Seeks Foreign Lawyer to Join Defense

VOA Ness

http://www.voanews.com/khmer/2007-09-25-voa1.cfm

Sok Khemara, VOA Khmer
Original report from Washington
25 September 2007



Detained Khmer Rouge commander Nuon Chea has begun seeking in earnest a foreign lawyer to join his defense against charges of atrocity crimes.

He is reviewing the credentials of three or four out of 10 applicants so far, Nuon Chea's Cambodian attorney, Son Arun, told VOA Khmer Tuesday.

"I will call to interview those lawyers in a few days to review their qualifications and experience in international crimes," he said.

Nuon Chea had wanted a Thai lawyer, but none have applied, Son Arun said. Applicants had so far come from the US, UK, France and the Netherlands, he said.

The Khmer Rouge courts allow for Cambodian and foreign defense, adhering to principles outlined during the UN-sponsored tribunal's inception.

"The process has begun," Rupert Skilbeck, head of the tribunal defense section, told VOA Khmer.

Nuon Chea could have a foreign "co-lawyer" within a week, Skilbeck said.

Nuon Chea told reporters before his arrest last week that he was considering defending himself against the courts, but soon decided to take on a Cambodian lawyer once he was detained and charged with crimes against humanity and war crimes.

A second Khmer Rouge defendant, Kaing Khek Iev, better known as Duch, has already retained a foreign lawyer, French attorney Francois Roux, who represented US terror convict Zacarias Moussaoui and defendants at the International Criminal Tribunal for Rwanda. Duch's trial could start as early as February 2008.

Khieu Samphan, the nominal head of the regime, who is widely expected to face similar charges, has already retained controversial French attorney Jacques Verges, who has extensive war crimes trial experience.

Tuesday, September 25, 2007

Khmer Rouge's `Brother No. 2' criticizes conditions

Khmer Rouge's `Brother No. 2' criticizes conditions

MOST SENIOR SURVIVOR: Nuon Chea has denied the charges of war crimes and crimes against humanity, saying he was never in a position to order the deaths

AFP, PHNOM PENH
Monday, Sep 24, 2007, Page 4
Detained former Khmer Rouge leader Nuon Chea wants different food and a new toilet in his cell at a UN-backed genocide court where he is awaiting trial on war crimes, his lawyer said on Saturday.

The most senior surviving leader of the murderous Khmer Rouge regime was arrested early on Wednesday in his home in northwest Cambodia and brought to the capital, where he was put in the tribunal's custody.

The lawyer, Son Arun, said Nuon Chea had complained about the high-calorie meals provided by the tribunal.

"Nuon Chea said the food is delicious, but he worried about hyper-tension after eating it. So he has asked for his meals to be made of fish and vegetable so that he can live longer to stand the trials," Son Arun said.

Age and failing health are major concerns for the tribunal given that the crimes committed under the regime occurred three decades ago.

Official documents say Nuon Chea is 81, although his lawyer earlier said he was 82.

Nuon Chea has denied the charges of war crimes and crimes against humanity, saying he was never in a position to order any of the deaths that occurred under the Khmer Rouge.

His cell is equipped with a squat toilet, which Son Arun said was too hard for him to use.

"He cannot sit on the squat toilet because of an ailment in his knees. When he squats over it, he has difficulty trying to get back up. He needs a sitting toilet," Son Arun said. "I have already requested the tribunal to replace the squat toilet with a sitting toilet for him."

The tribunal's spokeman Reach Sambath said the squat toilet was installed for security reasons.

"The squat toilets have fewer moving parts that could cause injuries and have fewer places to hide things," he said.

But he said the court would bow to that demand.

"We will provide him the best services and facilities," he said, saying the court would also replace a woven mat with a mattress for the suspect.

Up to 2 million people died during the communist Khmer Rouge's 1975 to 1979 rule, during which Nuon Chea claims to have lost 40 family members.

But he emerged as the hardline regime's chief ideologue and was accused of orchestrating its sweeping execution policies.

Public trials at the tribunal are expected next year.

Lawyer ponders bail for Khmer Rouge's Brother Number 2

Lawyer ponders bail for Khmer Rouge's Brother Number 2

EARTH times.org

http://www.earthtimes.org/articles/show/113417.html

Tue, 25 Sep 2007 08:53:31 GMT



Phnom Penh - The attorney for former senior Khmer Rouge leader Nuon Chea said Tuesday that he was looking at ways to negotiate bail for his client as other prime candidates for indictment took a wait-and-see attitude to their fate. Lawyer Son Arun said he had not yet proceeded with a bail application on behalf of the 82-year-old, known as Brother Number 2 in the Khmer Rouge but he was studying options. Nuon Chea faces charges of crimes against humanity and war crimes before a UN-Cambodian tribunal.

Arguably the most senior surviving leader of the Khmer Rouge's 1975-79 Democratic Kampuchea regime, under which up to 2 million Cambodians died, Nuon Chea was arrested last week at his Pailin home on the Thai border.

The investigating judges of the UN-Cambodia Extraordinary Chambers in the Courts of Cambodia had recommended he remain in detention for at least a year because they believed there was enough evidence to indicate he could pose a threat to witnesses.

Lin Na, a close aide to Nuon Chea, said Nuon Chea had not requested bail and the decision was entirely with his lawyer.

"Nuon Chea did not initiate this request," he said. "At the moment, we are more preoccupied with the issue of visits from his wife and family."

Nuon Chea's wife has fretted publicly that the jail cannot properly accommodate his dietary requirements without her involvement.

The tribunal's newly built prison, which Nuon Chea currently shares only with former S-21 torture centre commandant Kang Keng Iev, alias Duch, is equipped with around-the-clock medical staff, television, air conditioning and other luxuries, court spokesmen said.

Meanwhile, other candidates for trial were mum on the likelihood that they would see a courtroom. Former Democratic Kampuchea head of state Khieu Samphan, who has been touted by many advocates as a natural candidate because of his seniority, declined comment.

"I apologize profusely," Samphan said by telephone. "I am very sorry, but you understand that it is better for me not to comment at present."

Ieng Vuth, deputy governor of Pailin, who faces the possibility that both his parents might face trial, also declined comment although he denied rumours they were overseas.

Vuth is the son of Ieng Sary, former Democratic Kampuchea deputy prime minister and foreign minister, and Khieu Thirith, a senior regime cadre and sister-in-law of the movement's leader, Pol Pot, who died at home in 1998.

"I applaud the decision of the Cambodian government to arrest Nuon Chea," Vuth said. "However, I reserve comment on the issue of my parents."

Hearings were expected to get under way in the long-awaited process next year. Tribunal prosecutors have said they are considering five prime candidates for trial but have not named the remaining defendants.

Sunday, September 23, 2007

Flight Risk?

Noun Chea Flight Risk?

Noun Chea Flight Risk?

Editorial
Stan Starygin

The Co-Investigating Judges in their recently released detention order pointed out, among other factors, that one of the factors which had contributed to the Co-Investigating Judges' decision to detain Noun Chea was their assertion that his release was "risk-provoking in the context of today's Cambodian society" which might "lead to violence" and "perhaps imperil the very safety of the charged person [Noun Chea], that he might "pressure witnesses and victims" and might be "a flight risk". Let's take a look at these assertions one by one.

If Noun Chea's living freely in Pailin for the 8 years had provoked any public reaction despite the publication of copious amounts of materials alleging his participation in the crimes of Democratic Kampuchea, what reason do the Co-Investigating Judges have to believe that it will now? The press has never made any secret as to the domicile of Noun Chea since he surroundered to the government in 1999, and anyone who's ever visited him in Pailin knows that Noun Chea's address is the local lore. This shows that if anyone had wanted to cause trouble and mete out vigilante justice to Noun Chea, would have had no problem locating him. Noun Chea lived in his house openly and hired no bodyguards or guards of any kind. And yet, for 8 years nothing had happened. No violence, no disruptions of public order.

"Pressure of witnesses and victims"? The ECCC isn't exactly an example of supersonic speed of negotiations between a national government and the UN. It had been a long time in the making. A long, long time. Even after the establishment was effectuated, the ECCC judges bickered for over half a year over the internal rules of court. Wouldn't this, and years leading up to the ECCC process, have been enough to tamper with the evidence that Noun Chea had access to and felt was incriminating? Considering that ex-KR keep pretty good tabs on one another, wouldn't this have been enough time to get to the witnesses and victims, had he desired to do so and try to silence them?

Lastly, the Co-Investigating judges asserted that Noun Chea's statements regarding him having no intent to escape from the legal process simply couldn't be trusted. Long-term KR scholars -- which neither of the Co-Investigating judges are -- know that this statement of Noun Chea isn't anything new. He's been very consistent in saying so in every interview he's given in the last few years, including the interview given to this author. The Co-Investigating Judges' decision to detain would have won accolades had it fairly assessed the situation on the ground, rather than being a mere intention to detain to make things easier for the court. All suspects in the KR affair must be treated as different individuals, and not a uniform. It's possible to be under investigation for the gravest crimes there are, and still be a man of honor and integrity. Being investigation in relation to a crime, accused or even convicted of a crime doesn't strip one off of all features of character that are universally perceived as positive.

Thorough research and fair assessment would make the Co-Investigating Judges' decisions on custody much more becoming of the mandate of this court.

Nuon Chea Said to Have Ordered Torture

Nuon Chea Said to Have Ordered Torture
KER MUNTHIT

The Associated Press

PHNOM PENH, Cambodia - Detained former Khmer Rouge leader Nuon Chea allegedly ordered the murder and torture of civilians when the communist group ruled Cambodia in the 1970s, a U.N-backed genocide tribunal said in a statement Friday.

The 81-year-old former Khmer Rouge ideologist was arrested and charged Wednesday with crimes against humanity and war crimes in connection with atrocities that caused the deaths of some 1.7 million people during the Khmer Rouge's 1975-79 rule.

The detailed detention order made public Friday by the tribunal's co-investigating judges said Nuon Chea "planned, instigated, ordered, directed or otherwise aided and abetted in the commission" of crimes that include "murder, torture, imprisonment, persecution, extermination, deportation, forcible transfer, enslavement and other inhumane acts."

It also charged that he exercised authority and effective control over the group's internal security apparatus, including detention centers. Nuon Chea is the second, and highest-ranking, Khmer Rouge leader detained to appear before the panel.

Kaing Guek Eav, also known as Duch, who headed the former Khmer Rouge S-21 torture center, was charged on July 31 with crimes against humanity. Prosecutors have recommended three other suspects for trial, but have not named them publicly.

"Many documents and witness statements" have implicated Nuon Chea for the crimes he has been charged with, said the order. The judges said he faces life imprisonment if convicted. Cambodia has no death penalty.

The document also cited Nuon Chea's response to the allegations, including his claim that leaders such as he had no direct contact with lower level Khmer Rouge units and were unaware of what they may have been doing.

He also said that all real power was in the hands of the group's military committee, of which he was not a member.

The order said Nuon Chea's provisional detention was necessary to prevent any pressure on witnesses or destruction of evidence, and that the crimes with which he is charged could provoke public ire that might endanger his own safety if he were free. It also said he might try to flee.

The order gave Nuon Chea's birthdate as July 7, 1926, making him 81, a year younger than the age given by his family. Some Southeast Asian cultures count age by regarding a person as 1 year old at birth.

Earlier Friday, a lawyer picked to represent Nuon Chea acknowledged he faced a "heavy burden" in defending his client.

Son Arun, a private attorney, said he met with Nuon Chea for the first time Thursday.

"There are many things for me to do, many documents for me to research. This is a heavy burden, but I am happy to take up the job," Son Arun said.

Nuon Chea can also choose a foreign lawyer , an arrangement offered by the U.N.-backed Cambodian genocide tribunal, it said in a statement Friday.

The tribunal statement said Nuon Chea has claimed he does not have money to pay for his legal fees. If it is determined he cannot afford the legal fees, the tribunal will pick up the costs, the statement said.

Son Arun is a member of the Cambodian Bar Association and has worked in private practice for over 11 years. He has represented defendants charged with serious crimes, including terrorism, the statement said without elaborating.

Son Arun said he was surprised to learn on Wednesday that Nuon Chea wanted him as his lawyer.

Khmer Rouge chief Pol Pot died in 1998 and his former military chief, Ta Mok, died in 2006 in government custody.

Nuon Chea's senior-level colleagues , Ieng Sary, the former foreign minister, and Khieu Samphan, the former head of state , live freely in Cambodia but are in declining health. They are also widely believed to be on the prosecutors' list.

Trials are expected to begin early next year.

(This version CORRECTS Corrects throughout that tribunal statement is detention order sted indictment)

Noun Chea Must be Fit to Stand Trial

Noun Chea Must be Fit to Stand Trial

Top Khmer Rouge leader must be fit to stand trial

PHNOM PENH (AFP) — A Cambodian human rights coalition on Sunday called on a UN-backed tribunal to make sure the recently detained Khmer Rouge leader Nuon Chea gets proper healthcare so he is able to stand trial.

It said it was concerned that 81-year-old Nuon Chea, arrested Wednesday and charged with crimes against humanity, could die before answering for his role in one of the 20th century's worst genocides.

The Cambodia Human Rights Action Committee (CHRAC), a coalition of 23 organisations, called on the tribunal to form a special team of international doctors to look after the most senior surviving leader of the Khmer Rouge.

"CHRAC notes that the presence of Nuon Chea to be able to appear before (the tribunal) would be extremely and necessarily important in order to seek justice for all Cambodian dead and alive victims," the group said in a statement.

"CHRAC wishes to call upon (the tribunal) for both Cambodian and UN sides to pay much more attention for his health care ... to ensure that he would be absolutely able to stand before the co-investigating judges," it added.

The group raised the example of Ta Mok, a top Khmer Rouge military commander who died last year in Phnom Penh, where he had been imprisoned since 1999.

Nuon Chea was last week brought from his home in northwest Cambodia to Phnom Penh, where he was put in the tribunal's custody.

There are concerns about his health. He has already suffered a stroke and is the oldest of the communist movement's former top cadres likely to stand trial for atrocities committed nearly 30 years ago.

Nuon Chea, known in the regime's circles as "Brother Number Two", was allegedly a key architect of the execution policies of the Khmer Rouge, which is blamed for the deaths of up to two million people between 1975 and 1979.

He has denied the charges of war crimes and crimes against humanity, saying he was never in a position to order any of the deaths that occurred under the Khmer Rouge.

Public trials at the tribunal are expected in 2008.

Saturday, September 22, 2007

Noun Chea Flight Risk?

Editorial
Stan Starygin

The Co-Investigating Judges in their recently released detention order pointed out, among other factors, that one of the factors which had contributed to the Co-Investigating Judges' decision to detain Noun Chea was their assertion that his release was "risk-provoking in the context of today's Cambodian society" which might "lead to violence" and "perhaps imperil the very safety of the charged person [Noun Chea], that he might "pressure witnesses and victims" and might be "a flight risk". Let's take a look at these assertions one by one.

If Noun Chea's living freely in Pailin for the 8 years had provoked any public reaction despite the publication of copious amounts of materials alleging his participation in the crimes of Democratic Kampuchea, what reason do the Co-Investigating Judges have to believe that it will now? The press has never made any secret as to the domicile of Noun Chea since he surroundered to the government in 1999, and anyone who's ever visited him in Pailin knows that Noun Chea's address is the local lore. This shows that if anyone had wanted to cause trouble and mete out vigilante justice to Noun Chea, would have had no problem locating him. Noun Chea lived in his house openly and hired no bodyguards or guards of any kind. And yet, for 8 years nothing had happened. No violence, no disruptions of public order.

"Pressure of witnesses and victims"? The ECCC isn't exactly an example of supersonic speed of negotiations between a national government and the UN. It had been a long time in the making. A long, long time. Even after the establishment was effectuated, the ECCC judges bickered for over half a year over the internal rules of court. Wouldn't this, and years leading up to the ECCC process, have been enough to tamper with the evidence that Noun Chea had access to and felt was incriminating? Considering that ex-KR keep pretty good tabs on one another, wouldn't this have been enough time to get to the witnesses and victims, had he desired to do so and try to silence them?

Lastly, the Co-Investigating judges asserted that Noun Chea's statements regarding him having no intent to escape from the legal process simply couldn't be trusted. Long-term KR scholars -- which neither of the Co-Investigating judges are -- know that this statement of Noun Chea isn't anything new. He's been very consistent in saying so in every interview he's given in the last few years, including the interview given to this author. The Co-Investigating Judges' decision to detain would have won accolades had it fairly assessed the situation on the ground, rather than being a mere intention to detain to make things easier for the court. All suspects in the KR affair must be treated as different individuals, and not a uniform. It's possible to be under investigation for the gravest crimes there are, and still be a man of honor and integrity. Being investigation in relation to a crime, accused or even convicted of a crime doesn't strip one off of all features of character that are universally perceived as positive.

Thorough research and fair assessment would make the Co-Investigating Judges' decisions on custody much more becoming of the mandate of this court.

Friday, September 21, 2007

Noun Chea: Arrested, Charged and Detained

Noun Chea: "I am Innocent"

´I´m Innocent,´ Says Khmer Rouge Brother No. 2Khmer Rouge Brother Number Two Nuon Chea proclaimed his innocence when he appeared before Cambodia´s U.N.-backed ´Killing Fields´ tribunal.
Reuters Khmer Rouge Brother Number Two Nuon Chea proclaimed his innocence when he appeared before Cambodia's U.N.-backed "Killing Fields" tribunal on charges of war crimes and crimes against humanity, the court said on Friday.
According to a summary released two days after his indictment, Pol Pot's right-hand man said he bore no responsibility for the 1.7 million people thought to have died. Many were tortured and executed. Others died of starvation, overwork or disease.

During the Khmer Rouge's four years in charge from 1975 to 1979, real power lay in the hands of the ultra-Maoist movement's Military Committee of which he was not a member, Nuon Chea was quoted as saying.

"We did not have any direct contact with the bases and we were not aware of what was happening there," he told the court. He said he had lost 40 relatives during the upheaval.

Nuon Chea's official rank within the Beijing-backed regime was Deputy Secretary of the Communist Party of Kampuchea, as the Khmer Rouge called Cambodia, a role scholars say put him in charge of party and state security.

This included Phnom Penh's notorious S-21 interrogation and torture centre at the Tuol Sleng high school. More than 14,000 prisoners are known to have entered Tuol Sleng's barbed-wire gates. Around 10 lived to tell the tale.

In a 1999 magazine interview, S-21 chief Duch -- charged with crimes against humanity in July -- said Nuon Chea had given him direct orders to kill 300 soldiers in a party purge in 1978.

"He called to meet me and said, 'Don't bother to interrogate them -- just kill them'. And I did," Duch said.

Duch also described the execution of eight captured Westerners. "Nuon Chea ordered me to burn their bodies with tyres and leave no bones," he said.

"NOT CRUEL"

Nuon Chea criticised the focus of historians and the court on atrocities committed during the Khmer Rouge's three years, eight months and 20 days in power.

He wondered why little mention was made of the deaths before 1975, an implicit reference to the U.S. "secret bombing" of Cambodia and to anti-communist purges by King Norodom Sihanouk and the U.S.-backed regime that replaced him after a 1970 coup.

Similarly, he criticised the court's lack of jurisdiction to investigate atrocities committed after the Vietnamese invasion that toppled Pol Pot in early 1979.

The octogenarian guerrilla, who was walking with a stick when he was taken to the court, said he was "not of a cruel nature, having been a Buddhist monk", the summary said.

"He declared that he wishes to enlighten the Kampuchean people and the whole world concerning the real enemies of Cambodia, specifying that he is a patriot and not a coward and that he does not intend to tarnish the honour of his country by fleeing," it concluded.

Nuon Chea has hired Son Arun, a lawyer from his home town of Battambang, despite offers of legal assistance from a number of high-profile international attorneys.

Son Arun, who lost three brothers and a sister under Pol Pot, said Nuon Chea had asked for a Western toilet, some new glasses and a diet of fish and vegetables in his cell in the compound of the $56 million court.

"He told me that he finds Asian squat toilets uncomfortable as he is an old man," Son Arun said.

Nuon Chea would also have access to cable television and 24-hour medical care, court officials said.

A medical checkup at Phnom Penh's Calmette Hospital on Friday revealed Nuon Chea was in good health, court spokesman Reach Sambath said. "He's in good shape. He's fine," he said.

Detention Order Issued against Noun Chea (English Version)

Provisional Detention Order

Ordonnance de placement en détention provisoire




Bureau des Co-juges d’instruction



Criminal Case File /Dossier pénal

elx¼No: 002/14-08-2006

elxesIubsYr¼Investigation/Instruction

elx¼No: 002/19-09-2007



We, You Bunleng and Marcel Lemonde, Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia,



Noting the Law on the Extraordinary Chambers, dated 27 October 2004,



Noting Rule 63 of the Internal Rules of the Extraordinary Chambers,

Noting the judicial investigation opened against:

Last Name : NUON

First Name : Chea

Born on July 7, 1926 in the village of Voat Kor, Commune Voat Kor,

District Sangke, Battambang Province, Nationality: Khmer

Father's name: LAO Liv (deceased) Mother's name: Dos Peanh (deceased)

Wife's name: LY Kimseng (alive) Children: 03

Residence: Phsar Pruhm Village, Pailin District, Pailin Town,

Charged with Crimes against Humanity and Grave Breaches of the Geneva Conventions of 12 August 1949, crimes defined and punishable under Articles 5, 6, 29(new) and 39(new) of the Law on the Establishment of the Extraordinary Chambers, dated 27 October 2004.

Noting today's adversarial hearing,

I . STATEMENT OF THE FACTUAL AND LEGAL SITUATION

1- To date (and without prejudice to the outcome of ongoing judicial investigations, which may
identify other offences referred to in the introductory submission that may implicate the
charged person) NUON CHEA is being prosecuted for:

• CRIMES AGAINST HUMANITY (Murder, Torture, Imprisonment, Persecution, Extermination, Deportation, Forcible Transfer, Enslavement and Other Inhumane Acts), and

• WAR CRIMES on the basis of Grave Breaches of the 1949 Geneva Conventions (Wilful Killing, Torture, Inhumane Acts, Wilfully Causing Great Suffering or Serious Injury to Body or Health, Wilful Deprivation of Rights to a Fair Trial, Unlawful Confinement and Unlawful Deportation or Transfer)

2- He is alleged to have, throughout Cambodia during the period from 17 April 1975 to 6 January
1979:

• in particular in his capacity as the Deputy Secretary of the Communist Party of Kampuchea, a member of the CPK Central and Standing Committees, the Chairman of the Democratic Kampuchea People's Assembly, the acting prime minister and the Vice Chairman of the CPK Centre Military Committee,

• planned, instigated, ordered, directed or otherwise aided and abetted in the commission of the aforementioned crimes, by exercising authority and effective control over the internal security apparatus of Democratic Kampuchea (detention centres) and by directing, implementing and enforcing Party policy characterised by forcible transfers of the population, enslavement, forced labour and other inhumane acts,

• being a widespread or systematic policy targeting a civilian population, and

• noting that there was a state of international armed conflict between Democratic Kampuchea and the Socialist Republic of Vietnam during all or part of the period between 17 April 1975 and 6 January 1979.

The Co-Prosecutors of the Extraordinary Chambers have requested the provisional detention of NUON CHEA on the grounds that there is a well-founded reason to believe that he participated in the crimes set out in the Introductory Submission; that provisional detention is necessary to prevent any pressure on witnesses, especially those who were under his authority, and any destruction of evidence; that detention is also necessary to ensure the presence of the charged person during the proceedings, given the danger of his fleeing, and to protect his safety; and that, finally, it is necessary to preserve public order.
Nuon Chea disputed the crimes with which he is charged, indicating that he would be ashamed to have committed such crimes and specifying that: "We did not have any direct contact with the bases and we were not aware of what was happening there". He stated that during the Democratic Kampuchea period, all real power was in the hands of the Military Committee, of which he was not a member. He added that he was a member of the legislative power and that he never adopted any law allowing citizens to be killed. He pointed out that he personally lost around 40 family members during the events of the time. He criticised the fact that people speak incessantly about the 1.7 million victims of Democratic Kampuchea, without ever mentioning the deaths caused by others, before 1975 or after 1979. He argued that the conditions for provisional detention are not satisfied because, since he rallied the Royal Government of Cambodia, he has been living freely without any resulting disorder; he specified that he has no intention of destroying any evidence or placing pressure on anyone at all, adding that he is not of a cruel nature, having been a Buddhist monk; he emphasised that he has never been threatened by anyone and, on the contrary, has received many signs of affection; finally, he made the point that he has lived very close to the Thai border for years and that it would have been easy for him to escape if he had wanted to. He declared that he wishes to enlighten the Kampuchean people and the whole world concerning the real enemies of Cambodia,
specifying that he is a patriot and not a coward and that he does not intend to tarnish the honour of his country by fleeing.
II. REASONS FOR THE DECISION

In light of the many documents and witness statements implicating NUON CHEA, there are well-founded reasons to believe that he committed the crimes with which he is charged. These crimes are of a gravity such that, 30 years after their commission, they still profoundly disrupt public order to such a degree that it is not excessive to conclude that the release of the charged person risks provoking, in the fragile context of today's Cambodian society, protests of indignation which could lead to violence and perhaps imperil the very safety of the charged person, given that the situation is clearly no longer seen in the same way since the official prosecution against him has commenced. Furthermore, given NUON CHEA's specific hierarchical position ("Number 2" in the regime), it may be feared that, if he were to remain at liberty, he might attempt and would be in a position to pressure witnesses and victims, especially those who were under his authority. Finally, because NUON CHEA faces a maximum sentence of life imprisonment if convicted, it is feared that, regardless of his protestation to the contrary, he may be tempted to flee legal process.
Consequently, considering that provisional detention is necessary to prevent any pressure on witnesses and victims; that it is also necessary to ensure the presence of the charged person during the proceedings; and finally, that it is necessary to preserve public order and protect his safety; because furthermore, no bail order would be rigorous enough to ensure that these needs would be sufficiently satisfied and therefore detention remains the only means to achieve these aims;
On these grounds,

We order that NUON CHEA be placed in provisional detention for a period not exceeding one year.

Done at Phnom Penh, on 19 September 2007

shecARkmesIubGegát Co-Investigating Judges Co-juges d'instruction

Thursday, September 20, 2007

Tribunal Security Guards Cordoning Off the Perimeter Around Noun Chea's House in Pailin

Flashback: 1998 Noun Chea and Khieu Samphan's VIP Tour of the Country

Two Khmer Rouge leaders who surrendered to the Cambodian Government last week have begun a seaside holiday break amid continuing controversy over the warm welcome given to them by the authorities.


Caroline Gluck: Golf course and swimming pool
Khieu Samphan, former nominal leader of the Khmer Rouge, and Nuon Chea, the movement's chief idealogue, were key figures in Cambodia's reign of terror during which an estimated 1.7 million people died.

"They need a break," said Long Narin, an aide to the two, who, after years spent in the jungle, have received a "no-arrest" pledge from the government.

Escorted by military police providing tight security, Khieu Samphan and Nuon Chea drove with their families in luxury vehicles to the seaside town of Sihanoukville, the first leg of a tour that will take them to the ancient Angkor temple complex and their home provinces.



A hotel on the Sihanoukville beach - VIP treatment
In Sihanoukville, they are staying in what is said to be the best hotel, in rooms with a view of the Gulf of Thailand 50 m (yards) away, across sparkling sands.

The BBC correspondent in Phnom Penh, Caroline Gluck says the defectors are being treated as VIP guests. They even had lunch at Prime Minister Hun Sen's residence, a further indication that the premier has no intentions to bring them to justice.

"The Paris peace accords did not say anything about putting the Khmer Rouge on trial, so I have to welcome them for national reconciliation," Hun Sen said, brushing aside widespread international calls for a tribunal to try the Khmer Rouge leaders.

International pressure for trial

King Norodom Sihanouk would support setting up such a body.

"An international tribunal would have the perfect right to take up the case of genocide in Cambodia because it concerns crimes against humanity and that concerns the conscience of the world community," he said in a statement, and warned that he would not authorise amnesties for the two Khmer Rouge leaders.

The king's son, Prince Norodom Ranariddh, who is President of the National Assembly, has also said that he supported the idea of a tribunal, particularly if it had international backing.

The United States, Britain and France have all issued strong statements saying that leaders of the Khmer Rouge must be held accountable for their action.

UN assessment

United Nations legal experts are currently assessing evidence against senior Khmer Rouge members and will offer recommendations for a possible tribunal, either overseas or in Cambodia.

"The defection of Noun Chea and Khieu Samphan does not change the plans," said Thomas Hammarberg, the UN's top human rights officer for Cambodia.

Several possibilities are being considered by the UN team, Mr Hammarberg said, adding that it was necessary to send a message to future generations in Cambodia that atrocities must be punished.

"Considering the scale and the brutality of the Khmer Rouge crimes, genuine healing in Cambodia will be extremely difficult without a justice process," he said.

The UN experts are due to report next month on the feasibility of putting key Khmer Rouge leaders on trial but our correspondent says without the full co-operation of the Cambodian government it will be hard to see how that might happen.

Photo: Khieu Samphan, Hun Sen and Noun Chea

Hun Sen in a 1999 interview: "I Didn't Provide Any Guarantees for Them [Noun Chea and Khieu Samphan] Not to Be Charged By a Court of Law

Cambodia New Vision
Number 20, August 1999


--------------------------------------------------------------------------------

Samdech Hun Sen's Exclusive Interview to the Kyodo News Agency:

the Cambodian-Japanese Relations,
the Trial of the Khmer Rouge leaders, and
the Progress of the Reform, on August 17, 1999
On Cambodia-Japan Relations

Q: First of all I would like to have your opinion about the Cambodian-Japanese relations. How do you appraise the contribution of the Japanese government to your country?

A: Regarding the relations between Cambodia and Japan, especially at the latest stage, I couldsay that the results of the 1998 elections cannot be separated from the contribution of Japan.


You may remember that in November 1997 I visited Tokyo, and after that Japan played an active role, especially the four-point peace plan. The peace plan of Japan, along with its financial assistance for the Cambodian elections and that of EU, enabled us to hold a free and fair election.

I always consider the first-term government as the child of UNTAC, and this second-term government -- the current government -- the child which was delivered at the attendance of Japan and the EU.

After the elections, and after the formation of the new government, Japan continues to play an ever more important role in providing assistance to Cambodia.

We can say that the relations between Cambodia and Japan is approaching the peak in the history of the two countries' relations.

What we can take note is that the Japanese people or politicians belonging to any political parties have the consensus vis–a-vis the policy of Japan towards providing assistance to Cambodia for the sake of peace, democracy and socio-economic development in Cambodia.

Q: What is your expectation for the future relations with Japan? In which areas of assistance do you foresee?

A: We are expecting the grant aid from Japan -- Yen credit and loans, and investment in Cambodia. We know well that Japan focuses its assistance to Cambodia on building infrastructure and human resources.

We have seen and continued to see the assistance from Japan in the building of roads, bridges, ports, electricity plants, and irrigation projects...

In the Mekong sub-region development plan, I think that Japan could play the most important role through pledges made during the recent meeting between ASEAN and Japan. It is true that so far there are not many Japanese investors doing business in Cambodia... We expect more to come.

Q: Are there any special incentives that the Cambodian Government would offer to the Japanese investors?

A: Well, I think that Japan would not demand special incentives, because it is related to the implementation of the Codes of Investment. But the encouragement, I feel, we need to provide is safety, security for the Japanese investors as well as tourists. We wish that what really happened in Cambodia would be correspondingly reported to the people in Japan.

... On The Trial of the Khmer Rouge Leaders

Q: Now we come to a hot issue -- the trial of Khmer Rouge leaders. As you know that the UN legal experts are prepared to cooperate with the Cambodians on the trial. What do you think about the UN plan?

A: The trial of the Khmer Rouge leaders is a sensitive issue and it has been rekindled early this month. At the start, you used the word "the UN is prepared to come to cooperate with Cambodia for the trial of the Khmer Rouge leaders". What cooperation is it? Who cooperates with whom?

The UN comes to cooperate with Cambodia, but they would like the majority part. So this does not mean the UN comes to cooperate with Cambodia, but rather Cambodia goes to cooperate with the UN.

What they are preparing now is not to cooperate but to make every effort to be the masters, and to leave Cambodia playing a small part in the cooperation.

Through several discussions, H.E Thomas Hammarberg and I have reached the agreement that it (the trial) would be conducted by the existing courts of Cambodia with the international assistance and participation of foreign judges and prosecutors included.

Regarding the existing court of Cambodia, it has three levels -- firstly, provincial or municipal court, secondly, the appeal court, and the last one is the supreme court. But what they(the UN) are planning is to have only one level of court. It means that they want to destroy the existing structure of the court of law in Cambodia, and it is tantamount to a violation of sovereignty of an independent country which is also one of its members.

On the 30 July 1999, I should criticize frankly, there was a very bad attempt to bring the issue of the trial to the UN Security Council, an agenda of which some members of the UN Security Council has no knowledge of.

This could be an attempt to internationalize the trial... by using the resolution, not at the Cambodian request, of the UN Security Council. Such an act should not be done by the UN whose respect should be given to the sovereignty of its member states. I consider it an erroneous act of some UN officials who violate the sovereignty of a nation...

Cambodia is a member of the UN and I am prepared to deliver a speech at the UN General Assembly on September 20.

As head of the Government and the Executive in Cambodia I never request the trial of the Khmer Rouge to be internationalized, or be submitted to the UN Security Council.

As the UN officials, one should not consider themselves the UN itself... I would like to criticize such an act... I would like to say that, firstly, one has to understand clearly the word "existing court of Cambodia" i.e. the court of three tiers that now exist in Cambodia. Secondly, right now we are preparing additional laws opening for the participation of foreign judges and prosecutes. The word "participation" means that you cannot take the majority, you can only take the minority, compared with the host country.

We have in hand the draft law, so we invite them to come and discuss. Whether they come or not we will go on with it, because it is our problem. We did not deny the foreign assistance. We have appealed for the legal assistance from the UN and other countries. But what does assistance mean..?

I ask myself why some UN officials behave like that? Should I speak about this at the UN General Assembly demanding that they rectify their behaviors.

I also ask myself why they did not want to have a trial of the Khmer Rouge when they committed the crimes of genocide, why they continued to allow them to sit at the UN, and why they continued to call them to participate in the Paris Peace Agreements.

If they were to carry out their activity timely, more people in Cambodia would not have been killed, and the trial of such a crime would not have been delayed for 20 years...

They allowed the Khmer Rouge to carry out such activities for 20 years. Why at this moment they criticize us for prolongation of the detention of the Khmer Rouge leaders to more than 6 months.

They have not yet arrived in Phnom Penh, but they requested us to arrest some of the Khmer Rouge leaders. What is their real intention? Whether this is the intention to scare the former Khmer Rouge to flee to the jungle, to create another civil war? And if war was to erupt... who would be held responsible for the life of the people..? I think that it is high time now for me to speak again for their understanding that the so called problem of Cambodia has now been solved by the Cambodians, therefore, they should not destroy our efforts under the plaque of justice.

I have been spending half of my life to dismantle the political and military organization of the Khmer Rouge, and to bring peace to the nation...

The Cambodians have been suffering too much, and they should be given the rights to bring the Khmer Rouge leaders to trial...

Some foreigners behave in a way that they love Cambdian people very much. But, at the time when the Khmer Rouge committed the killings, they fled away, and soon after that they helped the Khmer Rouge to continue to kill... and even to object the inclusion of the word "genocide" in the Paris Peace Agreements...

One should leave the Cambodian people to master its own problem rather than to master it on their behalf. If we can dismantle the political and military organization of the Khmer Rouge we also are able to arrest its leaders, as well as to bring them to trial on our own...

Q: So you do not accept this kind of proposal?

A: So far, I have not yet officially received such a proposal from the UN. I just learnt it from the press and I feel this is unreasonable. So I will not speak about it. I have advised my officials not to discuss the draft plans of the others, but we would like them to discuss the draft plans made by Cambodia. If they have good recommendations, they should contribute them to our prepared plan, and then we would accept the good one.

Q: What kind of trial is appropriate for this case?

A: In Cambodia we have adopted already a law which allows the pre-trial extension allowing us the time for investigation of the crimes of genocide, crimes against humanity and war crimes.

We also incorporated in the draft law the provision which opens for the participation of foreign judges and prosecutors, and which also includes the provision for the crimes of genocide, crimes against humanity and war crimes.

We are the signatory to the Convention on Prevention and Punishment of Crimes of Genocide, so we could also incorporate the provision from that Convention into Cambodian law in order to be able to hold the trial of the genocide. Cambodia will continue the structure in place -- the three-tier court of law, and will open the way for appeal by the convicted...

The draft plan we learnt that there could be one from New York determines that foreign judges would be appointed by the UN Secretary General, while the Cambodian judges would be appointed by Cambodian Government. I wish to have your attention when you said the Cambodian judges are to be appointed by the Cambodian Government. It is all illegal suggestion. I do not know from where these jurists come to put that so called proposal together. The Cambodian judges are not within the Executive, and they have to be appointed by the Supreme Council of Magistracy... to say the Cambodian judges are to be appointed by the Government is already unacceptable.

Q: I would like to ask you again, so you cannot accept the proposal?
A: No, we cannot accept the proposal. We will not discuss it and we will be indifferent to it.
Q: Is there any possibility of civil war?

A: We have never asserted on obstructing the charges against anyone including my wife and children. I just allowed the leaders of the Khmer Rouge -- Khieu Samphan and Noun Chea to surrender, but I did not provide any guarantee for them not to be charged by the court of law.

What we cannot agree on the proposed plan is that they would like us to arrest these people before they are being charged by the court of law. It is impossible for us to do. I would like to leave it totally to the court of law, which will carry out the investigation and make the charges. We, the executive or the politicians should refrain ourselves from making any charges.

In Cambodia, there is still a possibility of fighting again, the possibility of war again, if we do not handle the problem properly. If we obey what is said by some UN jurists, we may face a war sooner or later.

They mention that we should arrest 20 to 30 people, and if we do arrest them, we will frighten the rest who would then flee to the jungle, and would cause fighting again...

In this way they would lead the Cambodians to the unpredictable tragedy. The experience in Cambodia shows that when war erupted, not only that we could not find justice for the people, but also could not save them from being killed. When the Khmer Rouge killed the people, who did stop them..?

When we fought against the Khmer Rouge, they accused us as war-mongers. When we appealed the Khmer Rouge to surrender, they wanted us to take revenge. We should leave those to be tried to the court of law. It is the court of law which is the only authority to be entitled to make the charges.

I can speak clearly that if anyone would like to go arrest the Khmer Rouge they may do so by themselves... I arrest only those who deny the surrender, and for all those who surrender we leave it to the court of law. If the court of law issues warrant, the Government will follow the court order. But the Government will not make any arrest before the court's investigation... and to my understanding, these persons cannot go uncharged...

Q: What is the intention of the trial -- for the truth or punishment?

A: To bring to light the truth and find justice for the Cambodian people and to punish the perpetrators. Some people tend to think that we do not want to have a trial. May I ask who really do not want a trial? We never abandon the opportunity to dismantle the Khmer Rouge organization and bring their leaders to trial...

In reality, we did hold a trial of the Khmer Rouge leaders in 1979, and also later we successively demanded the trial. We tried our best to dismantle them, to arrest their leaders, to persuade them to surrender for the sake of the work of the court of law. If we do not want to try the Khmer Rouge leaders why should we arrest Ta Mok and Duch?

We should leave them in the jungle and once the soldiers could locate them, they just kill them. So you can ask yourself during the past 20 years, who really wants the trial and who really do not want the trial...

It is ridiculous of the people who used to collude with the Khmer Rouge, and tried to have the Khmer Rouge on trial. So I can assure you that we still are going forward with the trial and therefore, we amended the law for a longer pre-trial detention so that we can carry out the process.

Q: And how about South Africa style "Truth Commission."

A: The Truth Commission in South Africa is also one of the option we have been taken into consideration prior to the arrest of Ta Mok. But after the arrest of Ta Mok, the Truth Commission is not a subject for consideration any more, but rather the court of law. We know very well our problem, and we know well what is called international issue. We arrested Ta Mok and later we arrested Duch, and we put them under detention following the warrants of the existing court of law of Cambodia. If we are going to wait for the international court of law, then we have to release Ta Mok, and then we have to wait until the international court of law to be set up -- which is unlikely to be, because some countries will veto in the Security Council...

The people who push for the international court of law are those who push for the impossible. What is instead possible is the trial by the court of law in Cambodia where we are putting the case into process and detaining the accused.

Q: So, the Khmer Rouge leaders cannot escape the trial. Who are to be prosecuted? Is Mr. Ieng Sary included?

A: We should not say beforehand, because it is up to the judges, the investigation, the charges by the court of law. This is my opinion.

Q: Do you have any contacts with Mr. Khieu Samphan, Ieng Sary and Noun Chea? Last month you met Mr. Ieng Sary, did not you?

A: For Mr. Khieu Samphan and Noun Chea, I did not have any contacts with them after their surrenders. But for Mr. Ieng Sary I have regular contact. We have to acknowledge the role played by Mr. Ieng Sary in the national reconciliation. Without Ieng Sary's move to lead the mass defection in 1996, we could not end the Khmer Rouge problem today.

I would like to stress a bit that the defection movement scored less number of troops than the remaining part... when they started their movement on the sixth of August... The defection in Malay brought with it a few hundreds, and in Pailin also a few hundreds, the two is more than 100 kilometers from each other, while in the middle and on their right flank, there were Khmer Rouge's main forces. The Government was very concerned whether the defection force would be destroyed by the force of Pol Pot or not. The Government prepared four divisions for intervention. While the defection force was small and its leaders had only the rank of division chief, the remaining forces were Pol Pot, Noun Chea, Khieu Samphan, Son Sen, Ta Mok who were then all top leaders of the organization, plus their possession of the radio which continued to be on air...

When Ieng Sary accepted the role of the leadership of the defection forces, it provided a political opportunity for the Khmer Rouge to defect up to 70%. Therefore, we need to provide amnesty to Ieng Sary, against the verdict of the People's Court of Law in 1979. This amnesty was signed by the King, and received 2/3 support by the National Assembly.

Without the participation of Ieng Sary then, I think, the defection forces would be destroyed and we could not solve the Pailin issue and dismantle the Khmer Rouge.

We have to accept this as a fact in the Cambodian history, and to acknowledge the participation of a person whose contribution helps end the war, dismantles the political and military organization of the Khmer Rouge, brings peace and national reconciliation to Cambodia.

I am now writing a book about win-win policy, which will set to light all component of facts for the dismantling of the political and military organization without using military forces. Within that there are three important people i.e. Ieng Sary, Y Chhien and Sok Pheap. Y Chhien and Sok Pheap are the first to rebel against the Khmer Rouge, and Mr. Ieng Sary is the person who helps lead the movement for defection.

Everything must have the commencement, course of action, and then the end. It is the first time in the Cambodian history, and every one could take it as a national pride, for the ability to dismantle an organization which existed in more than 50 years.

Q: So, Mr. Ieng Sary will not be brought to trial?

A: I would not comment whether he would be brought to trial or not. But you have to know the fact that Mr. Ieng Sary has been prosecuted once already, and sentenced to death. The verdict of the court of law on Ieng Sary was done in 1979, while the amnesty provided to him in 1996 based on that verdict of the court of law was proposed by the two Prime Ministers and was signed by His Majesty the King at the support of 2/3 majority of the National Assembly.

The remaining issue is a legal matter -- whether a person who was on trial once would be brought to trial again or not. The trial in 1979 was the trial against Pol Pot and Ieng Sary on the crimes of genocide. And what we are preparing now is to have the trial of crimes of genocide. So, could one offence be tried twice? It is the question of law... In fact, the jurists will say it differently from the politicians.

Q: What are the main topics in the meeting with Mr. Ieng Sary?

A: My latest meeting with Ieng Sary is not a meeting or a talk between political leaders. It was just the courtesy call of one of the leaders of the defection to the Prime Minister. It is normal that during the meeting we discussed on how we could develop our country...

Q: Recently, Mr. Ieng Sary said in Pailin that peace in Cambodia is still fragile. Is this a threat?

A: I do not think it is a threat. It is a reality. To me I feel that the real threat comes from New York from where they brought these questions on 30 July to the UN Security Council... Mr. Ieng Sary may have made such comment after he heard what had been done in New York.

Not only Ieng Sary, but I am also concerned that the move would cause the people to flee to the jungle. During the last two weeks, there were some people who spread rumors among the Khmer Rouge in defected areas that Hun Sen will order the arrest of all the former Khmer Rouge leaders. So if the situation developed in this way what would we be led to?..

We should warn our people as to who will be responsible for that in the event of war re-eruption. Do not blame Hun Sen for that. It is the foreigners who push for another war in Cambodia.

Q: If Ieng Sary, Khieu Samphan, Noun Chea were to be tried and sentenced, would there be amnesty for them?

A: If that happened, I would not propose any amnesty for anyone, not even for my nephew who is currently under detention. If he is found guilty after the trial, never will I seek amnesty for him. I have already completed my duty, so to speak. Those who deserve amnesty have already enjoyed it...

Q: As far as I know, the Cambodian people want to see the trial of the Khmer Rouge leaders as soon as possible. Why is it delayed? When will the trial happen?

A: I think that the words do not come from the Cambodian people but from some foreigners who always have intended to cause a delay to the trial for 20 years, in addition to assistance given to them to commit the killings. They conducted an opinion poll in which a limited number of people were interviewed.

For us Cambodians, we want a trial as soon as possible, because we are concerned that the Khmer Rouge leaders would die before they are brought to justice.

If we could not amend the law to extend the pre-trial detention, then we have to bring Ta Mok to trial under the legislation "Outlawing the Khmer Rouge." In that case we could not avoid bringing Ta Mok to trial, in fact, I advised my colleagues that Ta Mok was put on a bullet-proof jacket.

May I make it clear once again who really wants to try Ta Mok. What type of Cambodians they referred to -- the Cambodian who used to collude with the Khmer Rouge crying louder than us for the trial, and sometimes criticizing us if we could not do speedily... once they cry, however, it seems like they slap on their own face...

If it is not involved with the so-called United Nations, then we can do it later this year or early next year because we have in our hand the draft law to be approved by the National Assembly.

We prepared ourselves in a way that with or without the participation of the UN, we will hold the trial, still. In the draft law, we also prepare the provision which opens for the participation of the foreign judges and prosecutors in each level of the court of law. But we also have the provision that without the participation of the foreign judges and prosecutors, these places will be filled by the Cambodian judges to be appointed by the Supreme Council of Magistracy.

Seeing these prepared provisions, you can be convinced that we will be moving forward without waiting for others. So, the seats for the foreign judges and prosecutors do not wait for them...

Q: But Mr. Hor Namhong said that the trial would start next year?

A: I think it is no different later this year or early next year. There are always the possibilities - if the process is carried out speedily then we could do later this year, if not then early next year. My working style is to put forward many options, not just one. It is not a difference between the Prime Minister and the Minister of Foreign Affairs.

Q: One said that you guaranteed a no trial for Khieu Samphan and Noun Chea?

A: I would like to ask who say such a word. Because the word "one" could bear two types -- one type is on good terms with me, and another is against me. Going back to my statement in January 1999, and thereafter, I never mention about providing guarantee to anyone from the charges by the court of law.

I only assured them that once they surrendered, they would not be arrested, and their property would not be seized. If we arrested them at the time they were surrendering, we would be no different to coward officers, and then there would be no more surrenderers...

I have never provided, let me mention it again, such a guarantee to anyone. So, when you say "one" please make sure you know the source.

Q: Any China influences on the trial issue?

A: Between China and me, there is one taboo, and it is that we never bring for discussion the topic of the Khmer Rouge. The Khmer Rouge problem is within the sovereignty of Cambodia. Therefore, Cambodia is entitled to solve it according to its own wish. Some countries are displeased at the holding of the trial by the international court, and some are displeased at our decision to conduct the trial of the Khmer Rouge by the national court of Cambodia with the participation of foreign judges and prosecutors. I am Cambodian, should I please Cambodians or foreigners?

There has been no influence from foreigners on us to make decisions which is the principle of sovereignty. The Chinese leaders never talk with me about the trial of Khmer Rouge leaders, because they consider this is the internal problem of Cambodia.

China and Russia in the UN Security Council share the same position that this question is subject to the decision of Royal Government of Cambodia.

I also take this opportunity to say one point in which before coming to give interview to you. I receive a phone call from the Deputy Prime Minister and Minister of the Royal Palace that there was a message from the King to me relating to the problem of Taiwan.

Since the beginning until now, I follow the policy of HM the King i.e. "One China Policy" -- whereas Taiwan is only a province of China.

There have been attempts to re-open the Office of Taiwan in Phnom Penh. They could never receive HUN SEN's approval.

China always considers the Khmer Rouge problem to be the internal problem of Cambodia and never interferes into this problem.

I also learnt from the newspapers that there is influence from China on HUN SEN. I can say that HUN SEN is not to be easily influenced.

I also know the political attitude of Chinese leaders whose habits are not to influence or interfere into others’ affairs. The style to interfere, to put pressure, or to violate sovereignty never comes from China, but from other countries.

... On the Progress of Reform

Q: How do you assess your reform efforts so far?

A: I have stated already that I would resign if I could not stop the large-scale illegal logging left over from the first-term Government. But right now, I have to talk about the success of the reform in which we have put into practice so far eight months and 17 days a period after which the Government was set up.

During these courses of action we can say that it is the beginning of our success which could be considered as the basis for further actions. In the forest policy, we have been able to stop the large-scale illegal logging...

We would continue in a serious manner. We also carry out within the armed forces the reform with a political nature. My resignation from the position of the Commander-in-Chief of the Armed Forces at the turn when my party won the elections has also been a political nature within the process of the neutralization of the armed forces and the civil administration.

Within the armed forces itself, we discovered 15,000 ghost soldiers with their 150,000 children...

Cutting these numbers from the payroll means that we save a lot of state budget and end this kind of corruption. One could have seen the success of strengthening the discipline and order of our armed forces, including the army, the police, and the military police.

We had collected more than 60,000 pieces of rifles and guns -- and 10,000 pieces of which were destroyed.

The replacement of the chiefs or deputy chiefs of the provinces and districts by defining their term of position to three years is also part of reform.

The proposal submitted by the Government to the National Assembly for the amendment of the Article 51 of the Statute of the Government Officials is also part of public administration reform, and part of judiciary reform.

We are now drafting the law which governs the activities in communes and quarters, and the election of the chiefs of the communes and quarters which I consider as a kind of power reform. Here, the people will have the rights to choose the one they like and at the same time more power in making decision relating to the development of their localities.

We have taken measures in economic reform as well as in the reform of the public finance. What pleases me most is that in Cambodia there is no more the word "tax exempt" that we were not able to avoid in the first-term government.

The then MPs enjoyed two cars free from tax, while the ministers, deputy ministers enjoyed the same privileges, and so did the generals resulting in the loss of millions of dollars...

But, in the first six months of this year, we have a satisfactory financial results even though it is not excellent. It is still better if we have to compare it to the last-term government.

In 1998 the financial results in the first six months of the year showed that the domestic revenue reached only 46%, and the rest revenue of 54% were from import tax. When we relied too much on tax from import and export, it would not be good for our country as we join AFTA.

The financial results of the early six months of 1999 were a change in the structure of revenue.

The domestic revenue increases to 54%, whereas the revenue from import tax declines to 46%. I have assured the senior minister of finance and economy that we try to manage in a way that the domestic revenue continue to take the upturn.

We want the revenue from import tax to increase at a level lower than the domestic revenue upturn in order to assure the stability once and after we are joining AFTA. Even though there is still smuggling, the revenue from import continues to increase. Before, we have the revenue from 40 to 50 billion riels per month, but during the first six months of this year, each month we have revenue from 60 to 70 billion riels, so now we could discover the loss.

The revenue from tax through Sihanoukville seaport collected from 17 to 30 billion riels and is currently collecting 50 billion riels. We now receive the result from the economic reform but we are not satisfied with what we have so far scored. According to our survey, we still have losses from taxation.

Yesterday I received an anonymous fax informing me that we lost a lot of money from what is called duty-free departments set up along the border. They informed me that under the duty-free labels we lost millions of dollars every month.

This is an anonymous fax with good intention. I wrote a recommendation in red ink on that fax for the Minister and Secretary of State for Economy and Finance to make investigation into this matter and file me a report. So I can say that we are receiving the preliminary results from the work of eight months and 17 days, even though it is not substantial, it would be basic for further actions.

Some people suggested that I speedily move to behead the corrupted officials. I think that even Pao Chen Tian in Chinese drama could not further speed the process.

I have 24 hours a day, and 365 days a year. I cannot move faster than that. You see, even making roads you need to have the materials, and proper time before it is good. Even we make concrete, it takes time to be solid. By saying so, it does not mean that we cover up the shortcomings of the government. We have to try harder to push forward the reform.

Q: In conclusion, how many marks do you give to your reform?

A: According to the set target, I can say that in the field of forestry, I can give the marks of 90%. Never mind what the Global Witness in London says.Compare to the illegal logging happened from 1993 to 1998, The remaining 10% are for firewoods and for farming which we are still seeking a solution.

Referring to the reform of the armed forces, in which the soldiers now volunteer to cut down the ghost numbers and their dependants, I can give the marks close to 80%. So the remaining will be carried out by the Committee for the Identification Cards...

In the public administration reform, compared to the set goal I give the marks over 50%. We will have higher marks once we hold the communal elections.

On the reform of economy and finance, I give the marks of over 50%. We also acknowledge the progress on the judiciary system but it is still slow. But just don't base on the slow progress of the judiciary reform, and demand the trial of Khmer Rouge leaders to be carried out by the international court of law.

Referring to the security and social order, of the amount of 60,000 weapons collected, at least we can score 50%. What we have to be cautious here is that for every one step forward, we need to lay a foundation so that it would not slip back. I am the hostage of both peace and political stability...

In the government as well as in the public administration, I always recall that everyone must put the the national interest above all.

The cooperation between CPP and Funcinpec, between Samdech Krom Preah and me are the cores for political stability.

So, my responsibility, and that of Samdech Krom Preah, as well as that of Samdech Chea Sim, are to be seen not for parties but for the common interest of the nation.

So we have to take into consideration first of all peace, political stability and national reconciliation.

Al Jazeera's interview with Noun Chea

THURSDAY, JUNE 14, 2007
By Teymoor Nabili, in Pailin, Cambodia
Al Jazeera


The remote district of Pailin, in north-western Cambodia district is still dotted with no-go areas almost a decade after the last remnants of the Khmer Rouge finally surrendered to the government.

Nonetheless regional politics in this isolated corner of Cambodia, close to the border with Thailand remain under the influence of former revolutionaries.

Which is why one of the 20th century’s most notorious figures has been able to live an untroubled life here.

But contrary to local rumour, the home of Nuon Chea, the former "Brother Number Two" of the Khmer Rouge, is guarded only by an unimposing sign.

On our visit we found little evidence of his supposed personal guard force.

Now in his 80s, Nuon Chea is a frail figure. He insists on hiding his eyes claiming they are too sensitive to light. But if he is physically frail, mentally he remains sharp.

During our long conversation, his defence of the Khmer Rouge was robust and even though he does admit some mistakes were made, he is keen to confuse the issue.

'Big mistake'

"I don't deny that I'm responsible," he told me. "I personally take responsibility for the bad fortune of the people during the three year period but I want to stress, what is wrong, what is right.

"My mistake is that I did not get involved with the lower levels so was not able to discover that there were bad men hiding among the people. We did not go into the local level. This was a big mistake.

"In Khmer we say, if you are careless, you lose, we had no intention of killing our people. We wanted people to have food and clothes and education. The bad people hid themselves among our people and killed them."

With Cambodian and international judges having now agreed the rules to try former Khmer Rouge leaders, Nuon Chea's defence then will rest in part on the argument that victims were in fact enemy infiltrators – bad people – and not innocent civilians.

The other key part of the defence will be denial.

He claims that the notorious Tuol Sleng prison, or S-21, was the responsibility of other Khmer Rouge leaders.

Torture


Nuon Chea (second left) with Pol Pot (right) pictured during Khmer Rouge rule in Cambodia


They include men like Duch, the former head of the feared Santebal secret police, and Son Sen, the former defence minister, who reportedly developed the Khmer Rouge's own techniques for torture and interrogation.

Duch, though, has said that Nuon Chean personally authorised the torture of the estimated 14,000 people who passed through Tuol Sleng.

So what exactly is the purpose of torture in creating revolution? On this the former Brother Number Two is evasive.

"I know S21, this I know," he says. "As for torture I don’t know, because I was not in charge of this. Son Sen was directly responsible for the prison because he was minister of defence and internal security at the time.”

So he knew nothing about S21?

"I knew. I didn’t mean I didn’t know about it. I didn’t know any details about the torture. I was just aware of the place in general."

Photos on the wall suggest Noun Chea has made his peace with one time foe Prince Sihanouk and he seems to see no irony in playing with his grandson’s toy weapon but his most jarring comment is that he once considered becoming a buddist monk.

'Remorse'


The former Brother Number Two has lived a quiet life in this house for many years


Buddhism is a faith of compassion, I ask him, so does he feel remorse for the souls that were lost and for the suffering?

"I have remorse, I have regrets," he says. "It should not have happened. We tried our best but it happened like that against our intention."

As the international court builds its case against him, Noun Chea says he is fully prepared to face his accusers.

"If I wanted to flee, I would have done it a long time ago. Where would I go? I could flee in just one step to the Thai border. It’s near my house."

The border with Thailand is indeed a few minutes drive from Nuon Chea's house.

In the past, certain refuge would have been a matter of a short stroll away.

But with the global spotlight now intensifying on Cambodia, and on Noun Chea in particular, it is now far from certain that he would even get past his own border security.

Wednesday, September 19, 2007

Noun Chea's Brief Biography

1925: Born into a wealthy family in Battambang Province.

• 1940s: Joined Thai Communist Party as a student in Bangkok.

• 1950: Returned to Cambodia to fight French colonial powers.

• 1975: Senior Khmer Rouge leader.

• 1979: Fled to jungle after its defeat.

• 1998: Surrendered in Pailin, where he lived freely until Wednesday.

Sources: Associated Press, Documentation Center of Cambodia

Key Khmer Rouge Architect Arrested

Key Khmer Rouge architect arrested
An elderly ex-leader of the radical communist group will face a war crimes tribunal in Cambodia.
By Erika Kinetz | Correspondent of The Christian Science Monitor
from the September 20, 2007 edition

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Phnom Penh, Cambodia - The senior-most surviving leader of the Khmer Rouge regime was arrested near the Thai border Wednesday. He has been charged with crimes against humanity and war crimes for his part in the regime that ruled Cambodia in the 1970s and is blamed for the deaths of 1.7 million people.

This is the first arrest orchestrated by a United Nations-backed tribunal in the decade-old effort to bring Khmer Rouge leaders to justice. Nuon Chea has been living with impunity in Pailin for years, and many believed that the man whom Pol Pot – the leader of the radical movement who died in 1998 – trusted as his closest deputy would never face trial.

Some of Cambodia's top government officials were once members of the Khmer Rouge and the tribunal has long battled allegations of government interference and corruption. In recent weeks, pressure has been building inside and outside the Extraordinary Chambers in the Courts of Cambodia, the UN-backed tribunal, for further signs of progress. The $56.3 million special court is already facing budgetary shortfalls and plans to launch a fundraising campaign next month.

"We have a big fish," says Reach Sambath, a spokesman for the Extraordinary Chambers in the Courts of Cambodia. "This is what people have been waiting for."

Nuon Chea will join Kaing Guek Eav, aka Duch, who has been charged with crimes against humanity for allegedly overseeing the torture of some 14,000 people at Phnom Penh's notorious S-21 torture prison. Duch, who has already served eight years in a Phnom Penh military prison, was transferred to tribunal custody in late July.

Coinvestigating judges are currently building cases against three other suspects thought to be responsible for the extreme brutality during the communists' rule. Their names have not been released publicly, but speculation has focused on three key figures: Khmer Rouge Foreign Minister Ieng Sary; his wife, Ieng Thirith; and Khmer Rouge head of state Khieu Samphan.

Before Noun Chea's arrest, about 70 police surrounded his small wooden home in Pailin and confiscated books, journals, photo albums, and cassette tapes prior to driving him, under police escort, to a waiting military helicopter.

Pailin was one of the Khmer Rouge's last strongholds, and many who live in the hard-bitten town still believe in the virtue of their revolution. Many local government officials were former Khmer Rouge members themselves.

Historians say Nuon Chea, 82, played a key role in the Khmer Rouge security apparatus, approving the systematic torture and execution at S-21. He remained active in the Khmer Rouge until he defected in 1998.

"His involvement is clear as daylight," says Youk Chhang of the Documentation Center of Cambodia, the group that has compiled much of the historical information about the period of Khmer Rouge rule, when the country was known as Democratic Kampuchea.

"Nuon Chea claimed that we – the public – have written wrong history about Democratic Kampuchea. Now the time has come for him to share his version of the history of Democratic Kampuchea in front of the court of law,"

Nuon Chea has said that as a leader he is responsible for the work of the Khmer Rouge regime, but he denies that he committed any crimes. Speaking at his home Tuesday night, the eve of his arrest, Nuon Chea said he was ready to bear witness at the court.

"I have prepared myself for seven years to fight in the court," he said. "My idea is to fight for justice, not only for me, but for all Cambodian people, and all of Democratic Kampuchea."

He had freshly laundered and ironed five shirts to bring with him to Phnom Penh – "in order to not allow those people to look down on me," he explained – which he packed along with his medication and extra trousers. A neighbor, Kim Hy, who said her husband was executed by the Khmer Rouge, raised her hands as the helicopter departed. "Please go, be lucky, be healthy and come back," she said.

• Additional reporting by Thet Sambath in Pailin.

Detention Order Yet to Be Published

At this point, the order of provisional detention has yet to be published on the official website of the Khmer Rouge tribunal. Judging from the expeditiousness of the web-publication of the order of provisional detention issued against Duch, this should be just a matter of days or even hours.

Noun Chea Reported to Have Denied Any Wrongdoing in Private Conversation

By Ker Munthit

ASSOCIATED PRESS

7:50 a.m. September 19, 2007



PAILIN, Cambodia – The top surviving leader of the Khmer Rouge was charged Wednesday with war crimes and crimes against humanity for his role as chief ideologue of the notorious communist regime that killed 1.7 million people through starvation, illness, overwork and execution.

Police surrounded Nuon Chea's modest wooden bungalow in northwestern Cambodia near the Thai border in the early morning and flew him by helicopter to the capital, Phnom Penh, where a U.N.-backed genocide tribunal took custody of the man accused of acting as the top aide to late leader Pol Pot.

Relatives and dozens of onlookers watched in silence as Nuon Chea left in a police car, witnesses said. His son, Nuon Say, said his mother fainted as her husband was taken. The man once known as Brother No. 2 rolled down the window and took one last look at his son, saying nothing, Nuon Say said.

Nuon Say said his father denied wrongdoing.

“My father is happy to shed light on the Khmer Rouge regime for the world and people to understand,” Nuon Say said.

Born into a wealthy Sino-Cambodian family, Nuon Chea was educated in Thailand and returned to Cambodia in 1950, where he joined the anti-French colonial movement and the Indochinese Communist Party, the precursor of the Cambodian Communist Party that became the Khmer Rouge.

A month after the regime took power in 1975, Nuon Chea addressed a meeting of the movement's leaders and laid out the Khmer Rouge “master plan,” which called for abolition of money, the market economy, religion, monks and faith and the expulsion of ethnic Vietnamese, according to the Documentation Center of Cambodia, an independent group gathering evidence of Khmer Rouge atrocities.

Nuon Chea went on to supervise the inner workings of S-21 prison, where up to 16,000 people were tortured before being executed.

The Khmer Rouge was overthrown in 1979 and its leadership fled into the jungle. They surrendered in 1998 and Nuon Chea spent in relative seclusion, accepting visits from journalists, listening to the news on the radio, watching English soccer and practicing Buddhism. As his wife served fresh fruit juice, he would acknowledge the regime made mistakes but denied he was guilty of genocide.

“I was president of the National Assembly and had nothing to do with the operation of the government,” he said in an interview with The Associated Press last month. “Sometimes I didn't know what they were doing because I was in the assembly.”

His health worsened after a stroke and critics had feared he would never see the inside of a courtroom.

“Now the time has come for him to share his version of the history of Khmer Rouge before the court of law,” said Youk Chhang, director of the Documentation Center of Cambodia. “So many people have died. The facts are everywhere. There are plenty of mass graves, prisons, documents, photographs that can show what he did at that time.”

The charges against Nuon Chea were outlined by the U.N.-backed Extraordinary Chambers in the Courts of Cambodia in a brief statement Wednesday. Prosecutors have said they have recommended the trial of five senior Khmer Rouge figures. Nuon Chea is the second to be charged, and the highest-ranking.

Kaing Guek Eav, commonly known as Duch, who headed the S-21 prison, was charged last month with crimes against humanity. The other suspects have not been publicly named, but Ieng Sary, the former foreign minister, and Khieu Samphan, the former head of state, are widely believed to be on the list. They live freely in Cambodia but are in declining health.

The tribunal was created last year after seven years of contentious negotiations between the United Nations and Cambodia. The government of Prime Minister Hun Sen – a former Khmer Rouge soldier – pressured the world body for control and the tribunal is run under the Cambodian judicial system, often described by critics as weak, corrupt and susceptible to political manipulation.

Trials are expected to begin early next year after countless delays.

“Even if we don't see a conviction, at least we have witnessed a process” of searching for justice, said Theary Seng, the director of Center for Social Development, a nonprofit group monitoring the tribunal.

Co-Investigating Judges: Noun Chea Charged

STATEMENT OF THE CO-INVESTIGATING JUDGES







Today, 19 September 2007, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia have charged NUON CHEA for crimes against humanity and war crimes and have placed him in provisional detention.



The Order of Provisional Detention will be posted on the web site of the court in a later date.

http://www.eccc.gov.kh/



Reach Sambath
Presss Officer
Extraordinary Chambers in the Courts of Cambodia
Tel: (855) 12 891 567
Fax: (855) 23 219 841
Email: reach.sambath@eccc.gov.kh, reachsambath@hotmail.com

Web: www.eccc.gov.kh

Photo: Noun Chea in His Home

Photo: Noun Chea

Noun Chea Choppered In Phnom Penh

Former Khmer Rouge leader arrested, questioned at Cambodian court

http://www.earthtimes.org/articles/show/110055.html



Phnom Penh - The Cambodian court set up to bring former leaders of Pol Pot's Khmer Rouge regime to justice on Wednesday took custody of the man known as Brother Number 2, Nuon Chea, and began interviewing him regarding alleged crimes against humanity. Court officials confirmed he was arrested by a group of officials including military police, senior Interior Ministry police and UN officials at his home in Pailin on the Thai border, 400 kilometres north-west of the capital, early Wednesday morning.



He was escorted by Russian-made MI 18 military helicopter to the capital and then to the Extraordinary Chambers in the Courts of Cambodia (ECCC) in the back of a blacked-out Mercedes.



Nuon Chea was brought into the court via a side entrance to avoid throngs of waiting media and was not permitted to comment before being ushered in for questioning.



"Nuon Chea was brought before the office of the co-investigating judge of the ECCC in execution of the arrest warrant. An initial appearance will be held today during which he will be informed of the charges against him," the court said in an official statement.



A court media official said it should be clear by Wednesday evening if charges will be laid immediately and whether Nuon Chea will be held in custody.



Nuon Chea is the second man to be charged by the 56-million-dolar joint Cambodia-United Nations ECCC, which was set up to try a handful of surviving leaders of the 1975-79 Democratic Kampuchea regime. The ECCC has said more are under investigation, although their names have not been released.



Advocates of a trial have always identified Nuon Chea, now in his eighties and said to be in declining health, as a prime candidate to face justice.



Respected Khmer Rouge historian David Chandler hailed the arrest. "This certainly seems like a good sign. Nuon Chea needs to go on trial for the things he knew about and condoned," Chandler said by email.



Since the death of former leader Pol Pot at his home in 1998 and military commander Ta Mok in hospital last year, Nuon Chea, a Chinese-Cambodian with a degree in political science from a Thai university who was in charge of security under the regime, is arguably the most senior surviving leader.



The first man to be charged by the ECCC was Duch, alias Kang Khek Iev, who commanded the infamous S-21 torture centre. Duch went on record in 1999 as accusing Nuon Chea of being directly responsible for much of the killing during the movement's 1975-79 Democratic Kampuchea regime.



Nuon Chea has denied the charges and has said he does not fear court. He surrendered to the Cambodian government as the final remnants of the movement collapsed in 1998 and has since lived with his wife and family at home.



Up to 2 million Cambodians died of starvation, overwork, torture, disease and execution after the movement emptied the cities and sent most of the population into the fields in a drive to turn the country into an agrarian utopia.



Despite this, Nuon Chea and most other former leaders have lived freely in the community until now.



From his modest wooden house in the former Khmer Rouge stronghold of Pailin, Nuon Chea chatted freely with journalists and was often seen at his local Buddhist pagoda, despite the Khmer Rouge once outlawing religion as well as money and markets and slaughtering Buddhist monks as well as Muslims.



Nuan Chea, with trademark dark glasses (the result of an eye disorder), joined the Cambodian Communist Party early in his life and rapidly climbed the ranks, once being described as "Pol Pot's shadow."



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