News Articles

The Supreme Court Chamber has issued a decision on the appeals filed by lawyers for Civil Parties against the Trial Chamber's oral decision in August that barred civil parties from making submissions relevant to sentencing and from posing questions to character witnesses. This is the first ever decision by the Supreme Court Chamber.In its decision, the Supreme Court Chamber finds the appeals inadmissible, citing the sentencing and character decisions fall outside the scope of the ECCC's Internal Rule 104 (4) which specifies immediate appeals. In its reasoning, the chamber also cites such decisions can be appealed only at the same time as an appeal against the judgement on the merits.

The budget request for the Extraordinary Chambers in the Courts of Cambodia (ECCC) for 2010 and 2011 was presented to the Steering Committee of UNAKRT and the Group of Interested States to the ECCC (GIS) during meetings in New York this week.  Both Acting Director of the Office of Administration, HE Tony Kranh and Deputy Director Knut Rosandhaug were present during the meetings.

In a Decision issued on 9 December 2009, the Pre-Trial Chamber dismisses an application from Ieng Sary to disqualify Co-Investigating Judge Marcel Lemonde for alleged bias. Related documents: Decision on Ieng Sary`s application to disqualify Co-Investigating Judge Marcel Lemonde 

An Order from the Co-Investigating Judges, dated 8 December 2009, finds that the form of liability known as Joint Criminal Enterprise (JCE) applies for international crimes prosecuted before the ECCC. 

Following the nomination by the United Nations Secretary General Ban Ki-moon, and the approval by the Supreme Council of the Magistracy, His Majesty the King Norodom Sihamoni has appointed Mr. Andrew T. Cayley (United Kingdom) as new international Co-Prosecutor in the Extraordinary Chambers in the Courts of Cambodia. Mr. Nicholas Koumjian (USA) has been appointed as reserve Co-Prosecutor. 

See video from the third day of the closing statements in the trial against Kaing Guek Eav alias Duch, where visitors came from as far away as Siem Reap to watch the proceedings.

In two separate orders issued on 10 November, the Co-Investigating Judges have extended the provisional detention of Ieng Sary and Ieng Thirith for a maximum term of one year.

Having received an introductory submission filed by the Co-Prosecutors of the Extraordinary Chambers in the Courts of Cambodia (ECCC) on 18 July 2007, the Co-Investigating Judges are currently conducting a judicial investigation into allegations of crimes committed by Khieu Samphan, Nuon Chea, Ieng Sary, Ieng Thirith and Kaing Guek Eav (Duch) between 17 April 1975 and 6 January 1979 (Case File 002).

"We want to see justice done," was the overwhelming response of participants at a regional forum in Kampong Cham, 24-25 October, when they were asked why the wanted to participate in the trials before the Extraordinary Chambers in the Courts of Cambodia (ECCC).

113 villagers from Dam Be district in Kampong Cham province visited the ECCC and the Toul Sleng Genocide Museum on 13 October 2009 as a part of a new outreach program organized by the ECCC Public Affairs Section. 

In a majority decision rendered orally on 27 August 2009, with Judge Jean-Marc Lavergne partly dissenting, the Trial Chamber barred Civil Parties from making submissions regarding the sentencing of the Accused.

In order to keep the public necessarily informed, to increase the transparency of the proceedings, and to avoid any speculations, a number of Case File documents in Case 002 have been made public in accordance with ECCC Internal Rule 56 (2). These documents (in French) may be accessed by clicking on:http://www.eccc.gov.kh/french/cabinet/courtDoc/364/A297_FR.pdf (In French)http://www.eccc.gov.kh/english/cabinet/courtDoc/451/A299_EN.pdfhttp://www.eccc.gov.kh/english/cabinet/courtDoc/450/A296_EN.pdfhttp://www.eccc.gov.kh/english/cabinet/courtDoc/449/A298_EN.pdfhttp://www.eccc.gov.kh/english/cabinet/courtDoc/448/D136_2_EN.pdfhttp://www.eccc.gov.kh/french/cabinet/courtDoc/368/D136_3_FR.pdf (In French)

A crew from United Nations Television visited the ECCC in September in order to make stories about Duch trial and the achievements of the Court up to now. More than 200 Civil Party applicants participated when the Victims Unit launched the first of several planned regional forums in Kampot in the last weekend of September. These stories as well as updates from the different offices in the ECCC are included in the latest issue of the ECCC Court Report.Related documents:ECCC Court Report September 2009 Previous issues of the ECCC Court Report

The Trial Chamber has scheduled the closing statements in Case 001 against Kaing Guek Eav to start on Monday 23 November. The closing statements will at the latest conclude on 27 November and have been scheduled as follows: 

As Case 001 draws to a close, and the ECCC Co-investigating judges have started to recognize more Civil Parties for case 002, the Victims Unit has launched a program of regional Civil Party forums, the first of which took place on Saturday and Sunday 26-27 September in Kampot. 195 Civil Party applicants from Kampot, Preah Sihanouk, Koh Kong, Kep and Takeo provinces joined together to receive an update on the processes of the court and the application process. Of these, 87 were men and 108 were women.

In an Order dated 15 September 2009 the Co-Investigating Judges order the provisional detention of Nuon Chea to be extended with a maximum term of one year.

The Co-Prosecutors, Civil Parties and the Defence made final submissions on the evidence they want included in Case 001 against Kaing Guek Eav (alias Duch) today.

The Sixth Plenary Session of the ECCC concluded today, having considered proposals to amend its Internal Rules and adopting a number of them.

Yesterday, the Acting International Co-Prosecutor filed with the Office of the Co-Investigating Judges the Second and Third Introductory Submissions so that judicial investigations are opened into the criminal acts alleged therein.

The latest issue of the Court Report features a behind the scene story about the creation of the weekly TV program “Duch on Trial “ which is broadcasted weekly on CTN.

The Acting Director of the Office of Administration has in accordance with the applicable provisions in the ECCC law, the Agreement between the Royal Government of Cambodia and the United Nations and the Court’s Internal Rules, forwarded “Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Internal Rule 71” to the two Co-Prosecutors.

On 29 August 2009, the Supreme Council of Magistracy of Cambodia, upon the nomination of the Secretary-General of the United Nations, appointed, as an interim measure, Mr. William Smith (Australia) as the Acting International Co-Prosecutor at the Extraordinary Chambers in the Courts of Cambodia.

The Trial Chamber announced on 27 August 2009 that the hearing of the closing statements in Case 001 against Kaing Guek Eav (alias Duch) will start on 23 November 2009.  According to the Internal Rules of the Extraordinary Chambers in the Courts of Cambodia, closing statements shall be given by the Civil Parties, the Co-Prosecutors, the lawyers for the Accused and the Accused himself.Related documents:Direction on Proceedings Relevant to Reparations and on the Filing of Final Written Submissions  

On Wednesday, 26 August 2009, the Extraordinary Chambers in the Courts of Cambodia (ECCC) reached a new milestone when the number of visitors in attendance of Case 001 against Kaing Guek Eav, alias Duch exceeded 20,000.

Welcome to the 15th edition of the Court Report. This newsletter is published monthly in an effort to keep the public better informed about what is happening at the ECCC.