TRIAL CHAMBER REDUCES SCOPE OF CASE 002

On 27 February 2017, the Trial Chamber reduced the scope of Case 002 against KHIEU Samphan and NUON Chea by excluding all facts set out in the Closing Order which were not included in Case 002/01 or Case 002/02. The Trial Chamber terminated the proceedings with respect to these facts pursuant to Internal Rule 89 quater. 

The Trial Chamber first ordered that proceedings in Case 002 be severed into two or more cases on 22 September 2011. The Trial Chamber’s subsequent decision severing Case 002/01 was confirmed by the Supreme Court Chamber on 23 July 2013. The Trial Chamber’s additional decision severing Case 002/02 was confirmed by the Supreme Court Chamber on 29 July 2014. In the decision on 29 July 2014, the Supreme Court Chamber declared a provisional stay of the charges outside the scope of Cases 002/01 and 002/02, pending appropriate disposal by the Trial Chamber. The charges against KHIEU Samphan and NUON Chea relevant to the facts within the scope of Case 002/01 have reached finality with the Supreme Court Judgement of 23 November 2016. In addition, the evidentiary hearings in Case 002/02 concluded on 11 January 2017.

On 11 January 2017, the Trial Chamber heard oral submissions from the Parties to Case 002 on the status of facts which were not included in Case 002/01 or Case 002/02. The Trial Chamber found that the facts adjudicated or to be adjudicated in Cases 002/01 and 002/02 were representative of the scope of the Closing Order and reasonably reflected the totality of the alleged criminal acts and individual culpability of the Accused. The Trial Chamber concluded that conducting a further trial in Case 002 would not be in the interests of a fair, meaningful and expeditious procedure and thus terminated the proceedings concerning the facts set out in the Closing Order in Case 002 which were not included in Case 002/01 or Case 002/02.

Following this decision there will be no further proceedings in Case 002 with respect to Srae Ambel and Prey Sar worksites; Sang,  Koh Kyang, Prey Damrei Srot, Wat Kirirum, North Zone, Wat Tlork, and Kok Kduoch security centres; District 12 (West Zone), Tuol Po Chrey (the Chamber notes that facts related to this location have been partially adjudicated in Case 002/01), and Steung Tauch Execution Sites; Movement of the Population from the East Zone (Phase 3); Treatment of Buddhists (nationwide); Treatment of the Cham at Kroch Chhmar Security Centre; and Crimes committed by the Revolutionary Army of Kampuchea on Vietnamese territory. However, evidence relating to the facts excluded may be relied upon to the extent it is relevant to the facts which remain in Case 002/02.

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