Nuon Chea has filed an immediate appeal to the Supreme Court Chamber against the Trial Chamber's Second Decision on Severance of Case 002. The immediate appeal was filed on 27 May 2013, but made public on 4 June 2013.
In his appeal, Nuon Chea requests that the Trial Chamber's decision to sever Case 002 be annulled, or in the alternative that the severance decision be annulled and the Trial Chamber ordered "to formulate a reasonably representative of the full Case 002 Closing Order which includes the genocide charges and those concerning crimes allegedly committed at cooperatives and work sites".
In its Second Decision on Severance, pronounced on 29 March 2013, the Trial Chamber decided to limit the scope of the trial in Case 002/01 to the forced evacuation of Phnom Penh in April 1975, execution of former Lon Nol sodeiers Toul Po Chreu execution site in Pursat immediately after the Khmer Rouge takeover in 1975 and the second phase of the forced movement of population which was initiated in September 1975. Other charges in the Case 002 Closing Order were deferred to subsequent trials in Case 002.