Order of Provisional Detention (KAING Guek Eav alias Duch)
Summary
The Co-Investigating Judges (CIJs) found that they did not have jurisdiction to determine the legality of the charged person's previous detention before he was transferred to ECCC. After having analyzed the abuse of process doctrine, the CIJs concluded that the prolonged detention of the charged person prior to his transfer to ECCC could not be seen as a sufficiently grave violation of the defendants right to warrant a release.
The CIjs found that provisional detention was necessary in order to preserve public order,to protect the safety of the charged persons and to prevent the charged person from absconding the proceedings.
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| Document Number |
C3
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| Case | Case 001, |
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| Filed by | Office of Co-Investigating Judges, |
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