Under the direction of Judges of the Pre-Trial Chamber, a team of legal officers and consultants of the Pre-Trial Chamber, with the assistance of legal interns, have compiled the jurisprudence of the ECCC Pre-Trial Chamber. The first edition of this document, in English and French, is available on the ECCC website under “Publication”.
The Pre-Trial Chamber, while not extensively addressed in the ECCC Agreement and the ECCC Law establishing the Extraordinary Chambers in the Courts of Cambodia, initially functioned intermittently before being permanently assembled in Phnom Penh on 23 February 2010, given the volume of litigation before it. Through the years, while its essential task of settling disagreements between the Co Prosecutors or the Co-Investigating Judges did not often arise, the Chamber was called upon on varied aspects of criminal procedure by way of appeal or application for annulment.
In the 14 years of its activity, the Pre-Trial Chamber has rendered more than 260 decisions, addressing all stages of criminal investigation from the initiation of preliminary investigations to the conclusion of investigative proceedings. The Chamber has examined diverse areas of criminal procedure and substantive issues such as, inter alia, pre-trial detention, admissibility or validity of evidence and the legal doctrine of joint criminal enterprise. The Pre-Trial Chamber, as the final reviewing court at the investigation stage under the ECCC legal framework, analysed the jurisdiction of the Court.
The Chamber issued its final decision on 29 September 2021, and the first edition of its compendium of jurisprudence is released today.
The publication of the Jurisprudence of the Pre-Trial Chamber of the ECCC can be found on the below link: