Statement by the International Co-Prosecutor Regarding Case File 004

The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to Article 12(2) of the ECCC Agreement and Internal Rules 21(c) and 54 to ensure that the public is duly informed about ongoing ECCC proceedings in Case 004, taking into consideration the interests of victims and witnesses, the rights of suspects and the requirements of the investigation.  

On 24 June 2011, in Case 002, the Pre-Trial Chamber ruled that the Co-Investigating Judges are legally obliged by ECCC Internal Rule 21(1)(c) to keep victims informed “throughout the proceedings” about the crimes under investigation; and that it is not sufficient merely to do so “before the end of the judicial investigation.” As concluded by the Pre-Trial Chamber, in order for the “fundamental rights of the victims” to be “duly safeguarded,” the Co-Investigating Judges must provide “proper and timely information … to the victims throughout the pre-trial phase.” The purpose of this requirement is to ensure that victims have a reasonable opportunity to file civil party applications based on the specific crimes under investigation in a particular case. 

In accordance with the Pre-Trial Chamber’s decision, the International Co-Prosecutor filed a request on 28 July 2011 respectfully asking the Co-Investigating Judges to issue a public statement by 5 August 2011 describing the crimes and offences under investigation in Case 004.

Issued on 5 August 2010

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