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).
As indicated earlier this year, the Co-Investigating Judges reiterate that they are endeavouring to complete the investigation in Case File 002 by the end of 2009.
The sixth Plenary Session of the ECCC adopted amendments to the Internal Rules related to the deadline for the filing of Civil Party applications. Pursuant to the amended Internal Rules, anyonewho wishes to apply to become a Civil Party must submit an application no later than 15 days after the Co-Investigating Judges have issued the notification that they have concluded the investigation.
In order to assist any members of the public who wish to apply to become a Civil Party prior to this deadline and assist in the judicial investigation of Case File 002, the Co-Investigating Judges, pursuant to rule 56.2 a) of the Internal Rules hereby provide information outlining the facts falling within the scope of the ongoing investigation.
This information should not be seen as a judicial decision as to the scope of the investigation in Case File 2.
In the case of an Indictment, the final determination of the material facts sent for trial will be contained in the Closing Order.
According to the Internal rules and the Practice Direction on Victims Participation, a victim is a natural person or legal entity that has suffered direct physical, material or psychological harm as a result of the commission of any crime within the jurisdiction of the ECCC. The harm must be the direct consequence of the offence, personal and have actually come into being.
If a victim wishes to become a civil party, his/her alleged prejudice must be personal and directly linked to one or more factual situations that form the basis of the ongoing judicial investigation.
The Co-Investigating judges are bound by the scope of investigation as set out in OCP Introductory and supplementary submissions.
A a list of material facts that form part of the Co-investigating judges’ investigation in case file No. 2 can be found in: