Decision on Appeal : Regarding the Appeal by Kaing Guek Eav (Duch) against the Order for Provisional Detention of the Co-Investigating Judges (see Decision)
On 3 December 2007 the Pre-Trial Chamber announced at a public hearing that it had decided unanimously to affirm the Order of the Co-Investigating Judges, with reasons expressed in this Decision, and to dismiss the appeal.
Ninth meeting of the Friends of the ECCC in Phnom Penh, hosted by the Embassy of Japan and co-chaired by France and Japan. HE Sean Visoth presented a report on activities since the last meeting, supplemented by comments from Ms Michelle Lee, and a number of important financial documents were presented. (See Excerpts from the DOA Report , Financial Audit Report 2006 , 3rd Spot Check Report and 3rd Quarterly Financial Report 2007 )
The Pre-Trial Chamber will announce its decision on the appeal by Kaing Guek Eav (Duch) against provisional detention on Monday 3 December 2007 at 2pm. Members of the public, media, NGOs, diplomatic and government representatives are invited to attend in person. A live feed will be provided to radio and television stations, and a limited number of photographers will be permitted in the main court room where the public will be seated. If you require transport from the centre of Phnom Penh to the ECCC, or further information please email to email@example.com or call Chin Hemvichet on 012 696220 by 3pm on Friday 30 November.
Pre-Trial Chamber opens its first Public Hearing on the appeal by Kaing Guek Eav (Duch) against Provisional Detention (see Report of Examination).
Pre-Trial Chamber opens its first Public Hearing on the appeal by Kaing Guek Eav (Duch) against Provisional Detention. A report explaining the issues was read by Judge Huot Vuthy, and the court then heard submissions by the defence lawyers Mr Kar Savuth and Mr Francois Roux, followed by a submission by Co-Prosecutor Ms Chea Leang. The hearing continues on 21 November, commencing with a submission by Co-Prosecutor Mr Robert Petit. At the conclusion of the hearing the date on which the Decision is expected to be given will be announced. The hearing took place in the small Pre-Trial Chamber with 11 members of the general public and two media representatives (one national and one international) present. The proceedings were transmitted by video and audio links to the main court room where more than 500 people were seated.
Media Update : Co-Investigating Judges charge Khieu Samphan with crimes against humanity and war crimes (see Order of Provisional Detention)
On 19 November 2007, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia charged Khieu Samphan with crimes against humanity and war crimes. Following a adversarial hearing held later that same day, the Co-Investigating Judges deliberated and decided to order his provisional detention. The Orders of Provisional Detention will be posted shortly on the web site.
Mr. KHIEU Samphan was taken into the custody of the ECCC today. The Defence Support Section has assigned two lawyers selected by Mr. KHIEU Samphan from the ECCC List of Lawyers. They are Dr SAY Bory of the Cambodian Bar and Mr Jacques VERGÈS of the Paris Bar. Dr Say is the most senior member of the Bar Association of the Kingdom of Cambodia, and was the first President of the Bar on its creation in 1995. He was a member of the Constitutional Council from 1998 until 2004 when he returned to private practice. He also acts as legal advisor to H.M. King Sihanouk the King Father. Mr. Jacques Vergès has been a member of the Paris Bar since 1955. In the 1960s he defended a number of cases before French military tribunals arising out of the conflict in Algeria. In 1987 he represented Klaus Barbie before the Lyon cour d’assises on charges of crimes against humanity from of the Second World War. He has represented a number of other high profile clients before domestic and international tribunals. The Co-Lawyers have been provisionally assigned whilst the Defence Support Section assesses whether Mr Khieu Samphan has sufficient freely available assets to pay for his legal team for the next two years.
On 19 November 2007, KHIEU Samphan was brought before the Office of the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia in execution of an arrest warrant. An initial appearance will be held today during which he will be informed of the charges which have been brought against him. Further details will be available shortly.
On 12 November 2007 Ieng Sary and Ieng Thirith were charged, the former for crimes against humanity and war crimes and the latter for crimes against humanity. Their lawyers asked for time to prepare their defence and, consequently, requested the adjournment of the adversarial hearing on the question of pre-trial detention. The Co-Investigating Judges considered this request reasonable and have decided that the adversarial hearing will take place on 14 November 2007, the two charged persons being, in the meantime, placed in police custody in the detention centre of the ECCC. Both charged persons will, today, have some medical examinations at Calmette Hospital. Further details will be communicated shortly.
Pre-Trial Chamber schedules Tuesday 20 November 2007 at 1030 for Public Hearing of Appeal by Kaing Guek Eav (Duch) against Order for Provisional Detention. ((see Scheduling Order))
Pre-Trial Chamber schedules Tuesday 20 November 2007 at 1030 for Public Hearing of Appeal by Kaing Guek Eav (Duch) against Order for Provisional Detention. (see Scheduling Order) The hearing will be preceded by a directions hearing on Thursday 15 November 2007 at 1000 which, while also public, will be devoted to procedural issues in preparation for the hearing on substantive matters to be held on 20 November. Further details regarding public and media access to the hearings will be posted shortly.