News Articles

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.   

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.  

On Friday 10 June 2011, the International Co-Prosecutor, Andrew Cayley, resubmitted three investigative requests and a request for an extension of the deadline for filing Civil Party Applications in Case 003 to the Office of the Co-Investigating Judges.

The National Co-Prosecutor, CHEA Leang, makes this public statement pursuant to ECCC Internal Rule 54 regarding Case File 003.

The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to ECCC Internal Rule 54, to ensure that the public is duly informed about ongoing ECCC proceedings, and in particular with regard to the International Co-Prosecutor’s Introductory Submission in Case File 003. In providing this information the interests of victims and witnesses, the rights of suspects, and the requirements of the investigation have been taken into account, as required under the Rules.  

Today the Co-Prosecutors have filed a Notice of Appeal against the Judgement of the Trial Chamber of 26 July 2010, in which Kaing Guek Eav alias Duch was convicted and sentenced to a period of 30 years imprisonment.

Today the Co-Prosecutors filed their Final Submission in Case 002 with the Co-Investigating Judges. Under Sub-Rule 66(5) of the ECCC Internal Rules, once the Co-Prosecutors consider that the investigation has concluded, the Co-Prosecutors are required to issue a written, reasoned final submission within 45 days of receiving the Case File from the Co-Investigating Judges.

On 14 January 2010, the Co-Investigating Judges notified all parties to the proceedings that they consider the judicial investigation in Case File 002 to be concluded.

Today, in accordance with Rule 66(1) of the Internal Rules of the Extraordinary Chambers in the Courts of Cambodia (ECCC), the Co-Investigating Judges have notified all the parties and their lawyers that they consider that the judicial investigation in Case 002, in which charges have been laid against Ieng Sary, Ieng Thirith, Nuon Chea, Khieu Samphan and Kaing Guek Eav, has been concluded.

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. Andrew T. Cayley (United Kingdom) as new international Co-Prosecutor in the Extraordinary Chambers in the Courts of Cambodia. Mr. Nicholas Koumjian (USA) has been appointed as reserve Co-Prosecutor. 

Yesterday, the Acting International Co-Prosecutor filed with the Office of the Co-Investigating Judges the Second and Third Introductory Submissions so that judicial investigations are opened into the criminal acts alleged therein.

The Acting Director of the Office of Administration has in accordance with the applicable provisions in the ECCC law, the Agreement between the Royal Government of Cambodia and the United Nations and the Court’s Internal Rules, forwarded “Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Internal Rule 71” to the two Co-Prosecutors.

On 29 August 2009, the Supreme Council of Magistracy of Cambodia, upon the nomination of the Secretary-General of the United Nations, appointed, as an interim measure, Mr. William Smith (Australia) as the Acting International Co-Prosecutor at the Extraordinary Chambers in the Courts of Cambodia.