The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has scheduled hearings relating to appeals in Case 002/01. The hearings are scheduled to take place from 09:00-11:30hrs and 13:30-16:00hrs on 17, 18 and 19 November 2015. The agenda for the three day hearing is finalized and a detailed timetable can be found on the ECCC website: http://www.eccc.gov.kh/en/document/court/annex-final-timetable-hearing
The hearings relate to the appeals brought by the Co-Prosecutors, Nuon Chea and Khieu Samphan against the Trial Chamber’s judgment in Case 002/01, which was issued on 07 August 2014. These appeals are both voluminous and complex, even when compared with other proceedings in relation to alleged mass atrocities. The case record, which forms the basis for the appeals proceedings, comprises several hundreds of thousands of pages of submissions, hearing transcripts and documentary evidence. Nuon Chea and Khieu Samphan are submitting 223 and 148 grounds of appeal respectively. In addition, the Co-Prosecutors have filed an appeal limited to seeking a confirmation from the Supreme Court Chamber that it is permissible to prosecute individuals before the ECCC for individual criminal responsibility based on the doctrine of the most extended form of joint criminal enterprise commonly referred to as JCE III. Unlike in other international and internationalized criminal courts and tribunals, under the ECCC’s Internal Rules such issues cannot be appealed separately, but can only be raised at the time of an appeal against the judgment.
The hearings are open for 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 in the case.
Pending determination on issues on appeal, the accused remain presumed innocent. The Supreme Court Chamber expects the officials, members of the public and the media to respect the presumption of innocence in any statements that they may wish to 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 firstname.lastname@example.org.
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 email@example.com.
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 firstname.lastname@example.org. Please indicate the card number of your expired ECCC accreditation card.
The Media Accreditation Form can be downloaded from the ECCC website: http://www.eccc.gov.kh/sites/default/files/ECCC_Accreditation_Media_App…
Deadline for media registration and accreditation requests: Monday 16 November 2015 12:00, 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. The Trial Chamber found both accused guilty of crimes against humanity, and sentenced them to life in prison.