Judge PRAK Kimsan (President)

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Judge PRAK Kimsan (Cambodia) has twenty five years of judicial experience in Cambodia. He worked as Deputy Prosecutor in Kampong Cham Province from 1987 until 1989. He then became a prosecutor to the Supreme Court, a position he held until 1994. Following that, he became a judge at the Supreme Court of Cambodia. Since 2005 he had been a member of the Council of Jurists. He has been working at the Supreme Court and at the ECCC since 2007. 

1963:Teacher of History (Bachelor Degree) 
1985:Teacher of Geography (Bachelor Degree)
1987:Certificate of Administratrion and law at the School of Administration (Law)
1993:Certificate of Senior Officer equivalent to Bachelor Degree of Law
1994-Present:Participate in training sessions, locally and internationally, regarding national and international law

 
  • Nationality : Cambodia
  • Office : Pre-Trial Chamber
  • Position : President of the Chamber
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Pre-Trial Chamber finds that 1979 trial in absentia and royal amnesty do not bar prosecution against Ieng Sary

In a reasoned decision rendered on 11 April 2011, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) found that neither the in absentia conviction of Ieng Sary by the People’s Revolutionary Tribunal in 1979 nor the Royal Amnesty granted to him in 1996, bar the current prosecution of  Ieng Sary before the ECCC.

Case 002 sent for trial

Today, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has confirmed and partially amended the indictments against the Accused Persons Ieng Sary, Ieng Thirith, Khieu Samphan and Nuon Chea. The Pre-Trial Chamber has ordered the Accused Persons to be sent for trial and to continue to be held in provisional detention until they are brought before the Trial Chamber. The indictments include charges of crimes against humanity, genocide, grave breaches of the 1949 Geneva Conventions and murder, torture and religious persecution as defined by the 1956 Cambodian Penal Code.The Co-Investigating Judges issued a Closing Order with the initial indictments of the Accused Persons on 15 September 2010. All four Accused Persons filed appeals against the Closing Order to the Pre-Trial Chamber.The Pre-Trial Chamber found that the appeal filed by Khieu Samphan was inadmissible, whereas the appeals filed by Ieng Sary, Ieng Thirith and Nuon Chea were found to be admissible in part. Of the admissible parts, the Pre-Trial Chamber dismissed all the grounds of appeal with two exceptions. First, the Pre-Trial Chamber ordered that the Closing Order be amended with a specification for the requirement of the existence of a link between the underlying acts of crimes against humanity and an armed conflict.Secondly, the Pre-Trial Chamber also found that rape did not exist as a crime against humanity in its own right in the period 1975-1979, but that rape could be considered as “other inhumane acts” within the legal definition of crimes against humanity. The Closing Order was amended accordingly. The Pre-Trial Chamber will issue reasoned decisions on the appeals at a later date

Supreme Court Chamber to Hold Appeal Hearings during the last week of March 2011

 The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia has notified all the parties that the Chamber will hold oral hearings in the appeals against the Trial Judgment in Case 001 during the last week of March  2011. The exact dates and times of the hearings will be announced later in due course.The Trial Chamber found the Accused guilty of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and sentenced him to 35 years of imprisonment. The Chamber also admitted 66 Civil Parties and rejected 24 Civil Party applicants. Co-Lawyers for the Accused, Co-Prosecutors, and 41 Civil Parties have appealed the Judgment.The Co-Prosecutors contend that the Trial Chamber erred in the sentence granted and in its treatment of cumulative convictions. Co-Lawyers for the Accused allege that the ECCC lacks personal jurisdiction. They request the Supreme Court Chamber to release the Accused. Forty-one Civil Parties request the Supreme Court Chamber to declare admissible their Civil Party applications and/or grant their requests for reparations.Related Link:ECCC’s Supreme Court Chamber to Hold Appeal Hearings during the last week of March 2011Notice of Schedule for Substrantive Hearing of Appeals Case 001