Supreme Court Chamber to resume Appeal Hearing in Case 002/01

The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has scheduled the resumption of the appeal hearing in Case 002/01 after having adjourned the hearing due to lack of proper legal representation for Nuon Chea, resulting from his International Co-lawyer not attending the Appeal Hearing scheduled on 17-19 November 2015 and his National Co-lawyer leaving the courtroom in spite of the Chamber’s order to remain present.  The Chamber will hear oral submissions on issues raised in the appeals, and the hearing is scheduled for 09:00 – 16:00 on 16, 17 and 18 February 2016, with 19 February as a reserve day, should additional time be required.

The hearing relates to the appeals brought by the Co-Prosecutors, Nuon Chea and Khieu Samphân against the Trial Chamber’s judgment in Case 002/01, which was issued on 7 August 2014. These appeals are both voluminous and complex, even when compared with other proceedings in relation to alleged mass atrocities.

The hearing is open to the public and the media.  Seats in the public gallery will be distributed on a first come, first served basis, with the exception of a number of seats reserved for Civil Parties..

Pending judgment/determination on the appealed charges/issues, the accused are presumed innocent. The Supreme Court Chamber expects that officials, members of the public and the media respect and observe this presumption of innocence in any statements that they make about the case and the accused.
Advance registration and accreditation is required for all media representatives who wish to be granted access to the appeal hearings. The following procedure will apply for media representatives seeking access to the ECCC:
a) Media representatives who do not already have an ECCC press accreditation card must submit a completed and signed Media Accreditation Form, a .jpg portrait photo and a copy of their passport together with their request for access to the appeal hearings to pas@eccc.gov.kh.
b) Media representatives who have a valid ECCC press accreditation card must register their request for access to the appeal hearings with the Public Affairs Section by sending an email to pas@eccc.gov.kh.
c) Media representatives who have an expired ECCC press accreditation card must re-submit a completed and signed Media Accreditation Form together with their request for access to the appeal hearings to pas@eccc.gov.kh. Please indicate the card number of your expired ECCC accreditation card.

The Media Accreditation Form can be downloaded from the ECCC website: ECCC_Accreditation_Media_Application_Form.doc
Deadline for media registration and accreditation requests: Friday 12 February 2016, 16:00, Phnom Penh time.

Case 002/01 is the first of at least two trials against Khieu Samphan, former Head of State of Democratic Kampuchea and Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea. The charges in Case 002/01 is focused on alleged crimes against humanity committed during the forced evacuation of Phnom Penh in April 1975 and subsequent forced transfer from other areas, as well as alleged execution of former Khmer Republic soldiers in Tuol Po Chrey in Pursat Province.  On 7 August 2014, the Trial Chamber found both accused guilty of crimes against humanity, and sentenced them to life in prison. Both Khieu Samphan and Nuon Chea have filed appeals against the Trial Chamber’s judgement, advancing 223 and 148 grounds of appeal respectively. In addition, the Co-Prosecutors have filed an appeal limited to seeking declaratory relief from the Supreme Court Chamber regarding the applicability of the most extended form of joint criminal enterprise known as “JCE III” before the ECCC.

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