Supreme Court Chamber renders decision on appeal against scope of Case 002/01

On 8 February 2013, the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) rendered its decision on an immediate appeal by the Co-Prosecutors against a decision of the Trial Chamber denying, in part, to expand the scope of the first trial in Case 002.

The Supreme Court Chamber annulled the Trial Chamber’s decision, finding that the original severance of Case 002 in September 2011 and related subsequent decisions lacked clarity and reasoning, and that the Trial Chamber had severed Case 002 and defined the scope of Case 002/01 without having given the parties sufficient opportunity to be heard.

The Supreme Court Chamber nevertheless recognized the factors which likely prompted the Trial Chamber to sever the proceedings into more expeditious and manageable trials. The Supreme Court Chamber further specified that the Trial Chamber remains empowered to reassess a mode of severance for Case 002 upon inviting submissions from the parties and takes into consideration all relevant factors and legitimate interests. The Supreme Court Chamber’s decision is limited to the severance of Case 002 and has no effect on the hearings or proceedings on the substance in Case 002 to date.

The full decision is available on the ECCC website:

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