STATEMENT BY THE INTERNATIONAL CO-PROSECUTOR ON CASE 004/2
On 31 May 2018 the National Co-Prosecutor filed their Final Submissions in Case 004, concerning the investigation of
On 31 May and 4 June 2018, the National and International Co-Prosecutors filed their respective Final Submissions in Case 004 concerning the investigation of Yim Tith.
On 14 November 2017 the Co-Prosecutors filed their Final Submissions in Case 003, concerning the investigation of Meas Muth.
On 14 November 2017, the International and National Co-Prosecutors filed their Final Submissions in Case 003 concerning the investigation of Meas Muth.
The ECCC’s Internal Rules provide that while the Co-Prosecutors’ Final Submission(s) must be filed confidentially, the Co-Prosecutors may release to the public an objective summary of their submiss
Press Release by the Office of the Co-Investigating Judges Judicial investigation against Ao An concluded and severance from Case 004 ordered
The Co-Investigating Judges today notified all parties in Cases 004 and 004/01 that they consider the judicial investigation against Ao An in Case 004 to be concluded. They further ordered the severance of the proceedings against Ao An from Case 004 and the creation of a new case file, 004/02.
STATEMENT BY THE OFFICE OF THE CO-PROSECUTORS ON CASE 004/01
New appointments as International Judge in the Pre-Trial Chamber and Reserve International Co-Prosecutor
Following the nomination by the United Nations Secretary-General Ban Ki-moon, and the approval by the Supreme Council of the Magistracy, Mr. Olivier Beauvallet (France) has been appointed as new International Judge to serve in the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC). Judge Beauvallet replaces Judge Chang-ho Chung (Republic of Korea) who resigned from his post effective of 28 February 2015.
Media reports indicate that questions have arisen at recent court outreach events concerning whether there will be more cases at the ECCC after Cases 003 and 004. The International Co-Prosecutor, Nicholas Koumjian, reiterates that the consistent policy of his office remains as first announced by his predecessor on 8 September 2009: no further cases will be submitted to the Co-Investigating Judges.
ECCC Internal Rule 54 requires that any Introductory or Supplementary submission by the Co-Prosecutors shall be confidential documents. It provides however that the Co-Prosecutors “may provide the public with an objective summary of the information contained in such submissions.” Accordingly, taking into consideration the interests, security and privacy of victims and witnesses, the rights of suspects who are entitled to the presumption of innocence, and the requirement of rules that the investigation shall be confidential, the International Co-Prosecutor provides the following information.
International Co-Prosecutor requests investigation of alleged sexual and gender-based violence in Case 004
ECCC Internal Rule 54 requires that any Introductory or Supplemental submission by the Co-Prosecutors shall be confidential but provides that the Co-Prosecutors “may provide the public with an objective summary of the information contained in such submissions.” Accordingly, taking into consideration the interests, security and privacy of victims and witnesses, the rights of suspects who are entitled to the presumption of innocence, and the requirement of rules that the investigation shall be confidential, the International Co-Prosecutor provides the following information.
Following the nomination by the United Nations Secretary General Ban Ki-moon, and the approval by the Supreme Council of the Magistracy, His Majesty the King Norodom Sihamoni has appointed Mr. Nicholas Koumijian (USA) as new international Co-Prosecutor in the Extraordinary Chambers in the Courts of Cambodia (ECCC).
Having tendered my resignation to the Secretary-General of the United Nations in August 2013, I will be leaving the Extraordinary Chambers in the Courts of Cambodia (ECCC) for personal reasons on 16 September 2013. I will join my family who returned home from Cambodia in June 2013. It is anticipated that the Reserve International Co-Prosecutor, Nicholas Koumjian, will be arriving in Cambodia in October 2013.
On 3 February 2012 Kaing Guek Eav was sentenced by the Supreme Court Chamber of the ECCC to a term of life imprisonment. On the same day the Co-Prosecutors filed a request to enforce sentence pursuant to Rule 113(1) of the Internal Rules. The Co-Prosecutors requested that:1. Kaing Guek Eav remain at the ECCC Detention Unit until the conclusion of his scheduled testimony in Case 002; and 2. Appropriate prison accommodation be identified for Kaing Guek Eav in the national prison system.
The Co-Prosecutors of the Extraordinary Chambers in the Courts of Cambodia (“the ECCC”) have now completed their investigation and report into the death of Ieng Sary. The Co-Prosecutors have concluded that Ieng Sary’s death, on 14 March 2013 in the Khmer Soviet Hospital, was from natural causes. The full report was transmitted today to the Acting Director of Administration and the Deputy Director of Administration.
Today the Co-Prosecutors have appealed the Trial Chamber’s Decision issued yesterday to unconditionally release the Accused Ieng Thirith. The Trial Chamber held that Ieng Thirith is currently mentally unfit to stand trial for crimes against humanity alleged to have been committed during the period of Democratic Kampuchea. The Co-Prosecutors fully agree with the Trial Chamber that Ieng Thirith should be released from detention based on the findings of national and international experts that she is currently unfit to stand trial.
Below are answers to several frequently asked questions in relation to the Trial Chambers hearing on Ieng Thirith’s fitness to stand trial scheduled for 30 - 31 August. Q. What does “fitness to stand trial” mean?
The Co-Prosecutors of the Extraordinary Chambers in the Courts of Cambodia issue this public statement in order to ensure that the public is kept informed of proceedings in Case 003, particularly in light of inaccurate and potentially misleading information circulating in the press. As this case remains under judicial investigation, the Co-Prosecutors have sought and received judicial authorisation to make this statement.
The Defence Support Section of the Extraordinary Chambers in the Courts of Cambodia has assigned Mr. Mom Luch as a national lawyer to represent a Suspect named in the Third Introductory Submission submitted by the International Co-Prosecutor to the Office of the Co-Investigating Judges on 7 September 2009. The Third Introductory Submission is part of the Case File in Case 004. Mr. Mom has 17 years of experience as a lawyer, primarily working in the field of criminal law. The identity of any Suspects named in the Third Introductory Submission remains confidential.
Co-Prosecutors Chea Leang and Andrew Cayley have initiated the enforcement of the sentence in the first case following the final judgment, requesting that Kaing Guek Eav, alias Duch, continue to be held at the ECCC Detention Centre until (1) his participation as a witness in proceedings before the ECCC is no longer necessary, and (2) the co-prosecutors and the Director-General of the General Department of Prisons of the Ministry of Interior agree on an appropriate prison for him to serve the remainder of his sentence.
In order to assist both representatives of the media and viewers of our live video stream around the world, we have created a Who is Who in the Courtroom page which is available at http://www.eccc.gov.kh/en/who-is-who. On this page you will find photos and biographies of the judges and the different parties appearing in the courtroom.
Statement by the International Co-Prosecutor Regarding the Co-Investigating Judges’ Retraction Order In Case 003
In accordance with ECCC Internal Rule 77 (13), the Pre-Trial Chamber’s Considerations Regarding the International Co-Prosecutor's Appeal Against the Co-Investigating Judges’ Order on International Co-Prosecutor’s Public Statement Regarding Case 003 of 24 October 2011 and the Order on International Co-Prosecutor’s Public Statement Regarding Case File 003 (“Retraction Order”) of 18 May 2011, the International Co-Prosecutor Andrew Cayley retracts his Public Statement of 9 May 2011.
The Co-Prosecutors make this statement in light of recent reports concerning the integrity of the ECCC and its organs. The Extraordinary Chambers in the Courts of Cambodia were established as a result of an agreement between the Kingdom of Cambodia and the United Nations. Domestic law which created the Court in 2003 expressly requires its Judges and Co-Prosecutors to be independent in the performance of their duties and to act with integrity and impartiality.
The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to Article 12(2) of the ECCC Agreement and Internal Rules 21(c) and 54 to ensure that the public is duly informed about ongoing ECCC proceedings in Case 004, taking into consideration the interests of victims and witnesses, the rights of suspects and the requirements of the investigation.