The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia today issued a memo informing the parties to Case 002 of the next steps in the second phase of that trial. The memo, accompanied by a workplan highlighting the major stages and activities necessary prior to the commencement of the substantive hearing in Case 002/02, follows closely on last week’s decision of the Trial Chamber President not to establish a second panel to hear this phase of the case.
In the memo, the Trial Chamber identifies numerous issues which require resolution prior to the start of evidentiary hearings. These include the scope of the trial, including the fate of facts or charges not included in Case 002/02; the assessment of the fitness of the Accused; the filing of lists of relevant witnesses, experts and civil parties proposed to appear at trial; the filing of relevant document lists; and the determination of any outstanding preliminary objections.
As a first step, the Trial Chamber directed the parties to file submissions on the fitness of the Accused by 15 January 2014 and on the scope of the trial by 31 January 2014. It further directed the Khieu Samphan defence team to file submissions to support its assertion that Case 002/01 must be finally adjudicated and the appeals process, if any, completed before the evidentiary hearings in Case 002/02 can start. To expedite the hearing of these issues, the Chamber announced its intention to hear oral arguments on 11 February 2014 in lieu of written responses.
In Case 002, Nuon Chea and Khieu Samphan face charges of genocide, crimes against humanity and grave breaches of the 1949 Geneva Conventions. The first phase of trial against them was completed with closing statements in October 2013 and its judgement is expected in the second quarter of 2014.
The full memorandum is available on the ECCC website:
- Trial Chamber memorandum entitled "Trial Chamber Workplan for Case 002/02 and Schedule for Upcoming Filings"