Sixth ECCC Plenary session concludes

The Sixth Plenary Session of the ECCC concluded today, having considered proposals to amend its Internal Rules and adopting a number of them. Amendments adopted by the Plenary Session streamlined proceedings in relation to a number of matters, including witness protection and rules of evidence, as well as adopting or formalizing measures designed to promote more expeditious trial proceedings

The ECCC Plenary Session also voted to support proposals by the Rules and Procedure Committee to adapt Civil Party participation before the ECCC. These modifications are designed to meet the requirements of trials of mass crimes and the specific Cambodian context and to ensure that ECCC proceedings respond more fully to the needs of victims. They will also promote greater efficiency in trial management and the ability of the ECCC to reach a verdict in any future trials. The Plenary Session delegated to a sub-committee the task of drafting proposed new Internal Rules to give effect to the agreed concept. The Plenary Session agreed that the key features of this concept, to apply at the trial and appeal stage, include:

• A single claim for collective and moral reparation will be formulated for all Civil Parties, who will comprise a single, consolidated group.
• The consolidated group will be represented by lead Co-Lawyers, supported by Civil Party Lawyers.
• Special procedures to address any conflicts of interest will be formulated, if necessary.

The Plenary has also decided to adopt other supplementary forms of victim participation, which will occur outside of formalized court proceedings. The ECCC has received many constructive suggestions in this area from the Victims Unit and civil society.

The Rules and Procedure Committee will re-convene to finalize the proposed Rule amendments later in the year.  A Plenary Session to consider proposed amendments is likely to be held in late January 2010.

The Plenary was informed that the judicial investigation in Case 002 is expected to conclude at the end of 2009. To ensure that Case 002 proceeds smoothly, some measures concerning Civil Party participation were adopted immediately. These include:

• Civil Party applications can no longer be received during the trial. The deadline for the filing of all Civil Party applications is now 15 days after notification of the conclusion of the judicial investigation.
• Parties and victims may appeal orders by the Co-Investigating Judges in relation to the admissibility of Civil Party applications. No challenge to the admissibility of Civil Parties will occur at the trial stage.

No measures considered or adopted in relation to Civil Parties have any impact on the current trial in Case 001.

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