The Office of the Co-Prosecutors (OCP) is an independent office within the ECCC whose role it is to prosecute senior leaders of the Khmer Rouge and/or those most responsible for the crimes committed during the period of Democratic Kampuchea.
The OCP is composed of one Cambodian prosecutor and one foreign prosecutor. The Office processes complaints, conducts preliminary investigations, participates in judicial investigations, and prosecutes Cases throughout the pre-trial, trial and appellate stages (including initiating the enforcement of the final sentence imposed by the Extraordinary Chambers). The Co-Prosecutors are also charged with ascertaining the cause of death of a person in ECCC custody.
office of the
co-prosecutors
core functions
investigations
The Co-Prosecutors exercise their discretion to conduct preliminary investigations and participate in judicial investigations at the ECCC.
During the preliminary investigation, the Co-Prosecutors review complaints and carry out initial inquiries to determine whether evidence indicates crimes within the jurisdiction of the ECCC have been committed and to identify suspects and potential witnesses.
If one or both Co-Prosecutors believe that crimes have been committed, they open a judicial investigation into these allegations by forwarding an introductory submission to the Co-Investigating Judges (CIJs). The introductory submission may name one or more individuals who the Co-Prosecutors believe, according to the evidence, are senior leaders of the Khmer Rouge and/or most responsible for the crimes committed. The Co-Prosecutors may also file a supplementary submission requesting the CIJs to investigate new facts.
prosecutions at trial and on appeal
Once the Trial Chamber has been seized by an indictment, the Co-Prosecutors participate in the trial and appeal phases of the judicial process. The Co-Prosecutors have the burden of proving the allegations set out in the indictment beyond reasonable doubt based on the evidence presented. The Co-Prosecutors question witnesses, civil parties, experts and the accused during the trial.
Following the Trial Chamber’s judgement, the Co-Prosecutors may appeal to the Supreme Court Chamber or respond to an appeal by the defence or civil parties. They also question any new witnesses, civil parties or experts called by the Supreme Court Chamber and participate in a public hearing.
enforcement of sentences
Once the Chambers have passed a final sentence of imprisonment, the Co-Prosecutors are responsible for its enforcement in cooperation with the Cambodian authorities. ECCC convicts are transferred from the ECCC’s detention facility to serve their sentences in a national prison facility that provides conditions of confinement consistent with international standards for the treatment of prisoners.
Co-prosecutors
Reserve Co-Prosecutors
CHUON Sun Leng
2006-2020 (deceased)
Paul COFFEY
2006-2009
Nicholas KOUMJIAN
2009-2015
Brenda J. HOLLIS
2015-2019
Fergal GAYNOR
2019-present