Fitness to stand trial

Fitness to stand trial is a general principle that an accused person can only be put on trial if the accused has sufficient mental and physical capacity to exercise his/her rights during trial. This may include among other things, the capacity to understand the nature of the charges, to understand the course and consequence of the proceedings, to understand the details of the evidence, to instruct his or her lawyers and to testify.<div><br>  <h4>ECCC Internal Rules</h4><h4>Rule 32  Medical Examination of the Charged Person or Accused</h4><div>The Co-Investigating Judges or the Chambers may, for the purpose of determining whether a Charged Person or Accused is physically and mentally fit to stand trial, or for any other reasons, or at the request of a party, order that they undergo a medical, psychiatric or psychological examination by an expert. The reasons for such order, and the report of the expert, shall be recorded in the case file.</div></div>

Khieu Samphan and Nuon Chea found fit to stand trial

Mon, 04/28/2014 - 15:38

In two separate decisions issued on 25 April 2014, the Trial Chamber found that both Khieu Samphan and Nuon Chea are fit to stand trial. The decisions were made after the two accused perssons had been examined  by three appointed medical experts in March 2014. The three experts appointed by the Trial Chamber were Dr. Seena FAZEL (United Kingdom), Dr. CHAN Kin Ming and Dr. HUOT Lina (Cambodia).

Trial Chamber outlines way forward in Case 002/02

Tue, 12/24/2013 - 14:13

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia today issued a memo informing the parties to Case 002 of the next steps in the second phase of that trial. The memo, accompanied by a workplan highlighting the major stages and activities necessary prior to the commencement of the substantive hearing in Case 002/02, follows closely on last week’s decision of the Trial Chamber President not to establish a second panel to hear this phase of the case.

Case 002 severed and Nuon Chea found fit to stand trial

Fri, 03/29/2013 - 13:34

In two oral decisions announced on 29 March 2013, the Trial Chamber concluded that that Nuon Chea is fit to stand trial, and that Case 002 will be severed. The Trial Chamber announced that the subject matter for Case 002/01 will be the charges in the Closing Order related to:

Supreme Court Chamber to hear appeal against Ieng Thirith release conditions

Tue, 11/06/2012 - 10:02

The Supreme Court Chamber has scheduled an appeal hearing  on Tuesday 13 November 2012 at 09:30 to hear oral arguments related to the Co-Prosecutors' appeal regarding the the conditions of Ieng Thirith's release. Relevant decisions and written submissions can be found onder "Related documents" in the column to the right.

Frequently asked questions about Ieng Thirith's fitness to stand trial

Mon, 08/27/2012 - 10:53

Below are answers to several frequently asked questions in relation to the Trial Chambers hearing on Ieng Thirith’s fitness to stand trial scheduled for 30 - 31 August. Q. What does “fitness to stand trial” mean?

All news

Text Document Trial Chamber Memorandum Entitled “Order scheduling cognitive testing of the accused”

2016-09-27

E389/5/1
Text Document Fifth Decision on Fitness of the Accused NUON Chea to Stand Trial and order for quarterly cognitive testing

2016-09-06

E389/5
Text Document Third Decision on Fitness of the Accused KHIEU Samphan to Stand Trial and order for quarterly cognitive testing

2016-09-06

E389/6
Text Document Trial Chamber Memorandum Entitled “Order Appointing Expert to Examine IENG Thirith”

2015-06-09

E138/1/10/1/5/9/7
Text Document Trial Chamber Memorandum Entitled “Order for Quarterly Cognitive Testing of NUON Chea and KHIEU Samphan”

2015-06-09

E329/9
Text Document Second Decision on Fitness of the Accused KHIEU Samphan to Stand Trial

2015-02-18

E329/8
Text Document Fourth Decision on Fitness of the Accused NUON Chea to Stand Trial

2015-02-18

E329/7
Text Document Order Assigning Experts to Assess the Accused’s Fitness to Stand Trial

2014-12-18

E329
Text Document Decision on Fitness of the Accused NUON Chea to Stand Trial

2014-04-25

E301/11
Text Document Decision on Fitness of the Accused KHIEU Samphan to Stand Trial

2014-04-25

E301/12
Text Document Decision on Accuseds’ Fitness to Stand Trial and Order Assigning Experts

2014-02-17

E301/10
Text Document Second Decision on accused NUON Chea's fitness to stand trial

2013-04-02

E256/5
Text Document Decision on the implementation of the Surpreme Court Chamber's "decision on immediate appeal against the Trial Chamber's order to unconditionally release the accused IENG Thirith" (E138/1/10/1/5/8)

2013-03-26

E138/1/10/1/5/8/1
Text Document [Corrected 1] Decision on the IENG Sary Defence Request to Audio and/or Video Record IENG Sary in the Holding Cell

2013-01-16

E254/3
Text Document [Corrected 1] Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith

2011-12-13

E138/1/7
Text Document Decision on Co-prosecutors’ request to file supplementary submissions and direction regarding appeal filings

2011-11-21

E138/1/3
Text Document Decision on co-prosecutors' request for stay of release order

2011-11-19

E138/1/2/1
Text Document [Corrected 2] Decision on IENG Thirith’s fitness to stand Trial

2011-11-17

E138

Text Document Trial Chamber Memorandum Entitled “Order scheduling cognitive testing of the accused”

2016-09-27

E389/5/1
Text Document Fifth Decision on Fitness of the Accused NUON Chea to Stand Trial and order for quarterly cognitive testing

2016-09-06

E389/5
Text Document Third Decision on Fitness of the Accused KHIEU Samphan to Stand Trial and order for quarterly cognitive testing

2016-09-06

E389/6
Text Document Trial Chamber Memorandum Entitled “Order Appointing Expert to Examine IENG Thirith”

2015-06-09

E138/1/10/1/5/9/7
Text Document Trial Chamber Memorandum Entitled “Order for Quarterly Cognitive Testing of NUON Chea and KHIEU Samphan”

2015-06-09

E329/9
Text Document Second Decision on Fitness of the Accused KHIEU Samphan to Stand Trial

2015-02-18

E329/8
Text Document Fourth Decision on Fitness of the Accused NUON Chea to Stand Trial

2015-02-18

E329/7
Text Document Order Assigning Experts to Assess the Accused’s Fitness to Stand Trial

2014-12-18

E329
Text Document Decision on Fitness of the Accused NUON Chea to Stand Trial

2014-04-25

E301/11
Text Document Decision on Fitness of the Accused KHIEU Samphan to Stand Trial

2014-04-25

E301/12
Text Document Decision on Accuseds’ Fitness to Stand Trial and Order Assigning Experts

2014-02-17

E301/10
Text Document Co-Prosecutors’ Joint response to Nuon Chea and Khieu Samphan’s submissions concerning court hearing schedule and fitness review

2014-01-21

E301/8
Text Document Trial Chamber memorandum entitled "Trial Chamber Workplan for Case 002/02 and Schedule for Upcoming Filings"

2013-12-24

E301/5
Text Document Case 002/02 — Trial Chamber Workplan (detailed)

2013-12-24

E301/5.1
Text Document Trial Chamber memorandum entitled "Apointment of medical practitioners to perform six-monthly medical examination of IENG Thirith"

2013-10-01

E138/1/10/1/5/9
Text Document Second Decision on accused NUON Chea's fitness to stand trial

2013-04-02

E256/5
Text Document Decision on the implementation of the Surpreme Court Chamber's "decision on immediate appeal against the Trial Chamber's order to unconditionally release the accused IENG Thirith" (E138/1/10/1/5/8)

2013-03-26

E138/1/10/1/5/8/1
Text Document [Corrected 1] Decision on the IENG Sary Defence Request to Audio and/or Video Record IENG Sary in the Holding Cell

2013-01-16

E254/3
Text Document IENG Sary’s appeal against the Trial Chamber’s decision that he is fit to stand trial and its refusal to appoint an additional expert to assess fitness

2013-01-03

E238/9/2/1
Text Document Immediate Appeal Against Decision on Reassessment of Accused Ieng Thirith's Fitness to Stand Trial Following the Supreme Court Chamber Decision of 13 December 2011

2012-09-14

E138/1/10/1/1
Text Document Scheduling of reassessment and hearing on IENG Thirith fitness to stand Trial

2012-06-22

E138/1/7/13
Text Document Further update regarding Trial Chamber's direction to medical experts requesting new information regarding IENG Thirit

2012-02-15

E138/1/7/3
Text Document Trial Chamber memorandum entitled "Update regarding Trial Chamber's direction to medical experts requesting new information regarding IENG Thirith"

2012-01-31

E138/1/7/2
Text Document Request to Trial Chamber Experts following Supreme Court Chamber decision on appeal against accused IENG Thirith’s release (E138/1/7)

2012-01-06

E138/1/7/1
Text Document [Corrected 1] Decision on immediate appeal against Trial Chamber's order to release the accused Ieng Thirith

2011-12-13

E138/1/7

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