Andrew Cayley (United Kingdom) was appointed as international Co-Prosecutor of the ECCC in December 2009 to replace predecessor Mr. Robert Petit.He stepped down on 16 September 2013. Mr. Cayley previously served as Senior Prosecuting Counsel at the International Criminal Court and was responsible for the first Darfur case.
He also served as Senior Prosecuting Counsel at the International Criminal Tribunal for the former Yugoslavia. Prior to that, he served as Prosecuting Counsel at ICTY. He is a Barrister of the Inner Temple and holds an LL.B and an LL.M from University College London. He is also a professional officer graduate of the Royal Military Academy Sandhurst.
Ayant présenté ma démission au Secrétaire général des Nations Unies au mois d’août dernier, je quitterai les Chambres extraordinaires au sein des tribunaux cambodgiens (CETC) le 16 septembre 2013 pour des raisons personnelles. Je vais rejoindre ma famille qui a quitté le Cambodge en juin 2013. Le co-procureur international de réserve, M. Nicholas Koumjian, doit arriver au Cambodge au mois d’octobre.
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.
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 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.
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. Following directions given by the Pre-Trial Chamber, on 7 September 2009, the International Co-Prosecutor submitted to the Co-Investigating Judges two Introductory Submissions opening judicial investigations into various crimes in Cases 003 and 004. These submissions named a total of five (5) suspects who the Co-Prosecutor believes are responsible for the alleged crimes and fall within the jurisdiction of the ECCC. Under the ECCC Internal Rules, the Co-Investigating Judges are required to investigate the criminal allegations contained in these submissions. The Case 003 Introductory Submission addresses alleged crimes of murder, extermination, torture, unlawful imprisonment, enslavement, persecution and other inhumane acts. If proven, these acts would constitute crimes against humanity, grave breaches of the Geneva Conventions and violations of the 1956 Cambodian Penal Code. Crimes required to be judicially investigated as part of Case 003 took place at several crime sites and criminal episodes covered by Case 002, including the S-21 Security Centre, the Kampong Chhnang Airport Construction Site, purges of the East, Central and New North Zones, and incursions into Vietnam, as well as the following new crime sites and criminal episodes:(1) S-22 Security Centre in the Phnom Penh area;(2) Wat Eng Tea Nhien Security Centre in Kampong Som Province;(3) Stung Hav Rock Quarry forced labour site in Kampong Som Province;(4) Capture of foreign nationals off the coast of Cambodia and their unlawful imprisonment, transfer to S-21 or murder; and(5) Security centres operated in Rattanakiri Province. On 29 April 2011, the Office of the Co-Prosecutors received notification that the Co-Investigating Judges considered the investigation in Case 003 to be concluded. Having carefully reviewed the Case File, the International Co-Prosecutor intends to request further investigative actions regarding the alleged crimes, within the 15 day period specified in ECCC Internal Rule 66 (1). Among other things, the International Co-Prosecutor will request the Co-Investigating Judges to: 1. Summon and question the suspects named in the Case File 003 Introductory Submission, and notify them that they are under investigation; 2. Interview additional individuals who have been identified as potential witnesses thus far;3. Interview or re-interview witnesses identified in Case File 002, focusing on the specific allegations contained in the Case File 003 Introductory Submission; 4. Examine further the crime sites (including by searching for mass grave locations); 5. Place additional evidence on the Case File, including by transferring further evidence from Case File 002 to Case File 003; and6. Further investigate the involvement of the Case 003 suspects in the crimes, including the transfer of prisoners under their control to S-21, their receipt of “confessions” taken from prisoners murdered at S-21, and their involvement in further arrests.The International Co-Prosecutor will request these actions as he is of the view that the crimes alleged in the Introductory Submission have not been fully investigated. He has a legal obligation under the Internal Rules and the Law of the ECCC to identify and request all reasonable investigative actions which should be taken by the Co-Investigating Judges before a decision is made as to the whether or not any individuals should be indicted and sent for trial. Notification to Potential Civil Parties in Case File 003Pursuant to Internal Rule 23bis, individuals who wish to apply to become Civil Parties in Case File 003 must submit applications no later than 15 days from the date on which the Co-Investigating Judges notified the Co-Prosecutors that they consider the investigation to be concluded. Applying the relevant legal provisions, the International Co-Prosecutor is of the view that the deadline for Civil Party applications now falls on Wednesday, 18 May 2011 at 4 pm. Considering that the crime sites under investigation have not previously been made public, the International Co-Prosecutor will request the Co-Investigating Judges to extend the deadline for a further six weeks in order to allow reasonable time for victims to submit Civil Party applications. However, at present, the only guarantee that a Civil Party application will be considered by the Co-Investigating Judges is by having it filed by 18 May 2011 at 4.00pm. In the event that the Co-Investigating Judges extend the deadline the public will be notified. Under Internal Rule 23bis (1) and Article 3.2 of the Practice Direction on Victim Participation, a victim is defined as a natural person or legal entity that has suffered physical, material or psychological injury as a direct consequence of at least one of the alleged crimes. Victims wishing to apply should contact the ECCC Victims Support Section, fill out and file a Victim Information Form this week. The office is open Monday to Friday except on public holidays. The address is: Victims Support Section, Extraordinary Chambers in the Courts of CambodiaNational Road 4 Chaom Chau, DangkaoPO Box 71 Phnom Penh, CambodiaTown office:House No. 6A Street 21, Sangkat Tonle Basac I, Khan Chamcarmon Phnom Penh, Cambodia. Phone: 023 214 291; or 097 742 4218 (helpline)Notification to Potential Complainants in Case File 003Individuals in possession of information regarding the crimes under investigation may submit that information to the Co-Prosecutors. Under Rule 49 (2), complaints or information may be lodged with the Co-Prosecutors by any person, organisation or other source who witnessed or was a victim of the alleged crimes, or who has knowledge of the alleged crimes.Rule 49 places on the Co-Prosecutors an ongoing duty to evaluate complaints or information alleging commission of crimes within the jurisdiction of the ECCC. Where the Co-Prosecutors receive complaints or information relevant to an ongoing judicial investigation, they may forward such complaints or information to the Co-Investigating Judges to be placed on the case file as evidence. Complaints or information may be submitted through the Victims Support Section, or to the Office of the Co-Prosecutors directly. While there is no specified deadline for the filing of complaints, the International Co-Prosecutor encourages victims or witnesses who wish to make a complaint about the crimes described in Case File 003 to do so as soon as possible.
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.International Co-Prosecutor Andrew Cayley (left) and national Co Prosecutor Chea Leang. In their Notice, the Co-Prosecutors request the Supreme Court Chamber to increase the term of imprisonment against Duch. The Co-Prosecutors are of the view that the Judgement gives insufficient weight to the gravity of Duch’s crimes and his role and his willing participation in those crimes. At the same time, the Co-Prosecutors believe that undue weight is placed on any mitigating circumstances applicable to Duch.The Co-Prosecutors also provide notice of their intention to appeal the Judgement on the basis that it fails to reflect the full extent of Duch’s criminal conduct. It is their view that Duch should be separately convicted of the crimes against humanity of enslavement, imprisonment, torture, rape, extermination, and other inhumane acts. These crimes should not have been subsumed into the crimes of persecution and torture. Additionally, the Co-Prosecutors believe the legal elements of the crime of enslavement are not properly defined in the Judgement leading to a failure to convict Duch for the enslavement of the majority of detainees at S-21.Consequently, the Co-Prosecutors will be requesting that the Supreme Court Chamber increase the sentence against Duch, enter separate convictions for all charges proved, and further enter a conviction recognising the enslavement of the majority of detainees at S-21.The substantive arguments supporting this Notice of Appeal will be filed with the Supreme Court Chamber within 60 days in accordance with the Internal Rules. Related documents: E188/1 Co-Prosecutors’ Notice of Appeal against the Judgement of the Trial Chamber in the Case of Kaing Guek Eav alias Duch
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. In order to expedite the judicial process, the Co-Prosecutors have filed their Su bmission well in advance of the deadline mandated by the Rules. In this Submission, the Co-Prosecutors request that the Charged Persons - Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith - be indicted and sent for trial for the crimes of Genocide, Crimes Against Humanity, Grave Breaches of the Geneva Conventions and violations of the 1956 Cambodian Penal Code. The Co-Prosecutors believe that the evidence collected in the judicial investigation demonstrates that the Charged Persons committed these crimes through a joint criminal enterprise, the purpose of which was to enforce a political revolution in Cambodia and systematically destroy any opposition to the CPK’s rule. Through this joint criminal enterprise, the Charged Persons enslaved the Cambodian population, deprived them of their fundamental human rights and freedoms and orchestrated mass killings of individuals that the Charged Persons and other CPK leaders perceived to be real or potential enemies of the CPK. The filing provides an extensive summary (931 pages) of the relevant facts in support of the Co-Prosecutors’ allegations, which are legally characterised by both the type of crimes committed and the nature of the Charged Persons’ participation in those crimes. The Co-Prosecutors’ recommended charges are supported by over 2,800 evidentiary documents which include statements from witnesses, Charged Persons and experts, as well as contemporaneous DK and CPK documents. Many of these documents were archived and catalogued by the Documentation Centre of Cambodia. Civil Party applications and victim complaints have also been relied upon in the Submission. The Co-Investigating Judges separated the case against Kaing Guek Eav alias Duch on 19 September 2007 by ordering a separate investigation into his responsibility for “facts committed inside the framework of S-21” (Case 001). As Duch is also charged in Case 002 the Co-Prosecutors have requested that the charges against him be dismissed. It is the Co-Prosecutors view that indicting him for crimes committed outside of S-21 Security Office would not be in the interests of justice. In making this request, the Co-Prosecutors are mindful of the fact that a lengthy criminal process has already been concluded against Duch with his recent conviction in Case 001. The Co-Prosecutors believe that the removal of Duch from Case 002 would assist in securing the fair and expeditious trial of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith, whose criminal responsibility for crimes in DK is yet to be determined. Recognising the historic importance of this case and the need to ensure that the public is duly informed of the ongoing proceedings before the ECCC, the Co-Prosecutors will soon provide the public with an objective summary of its Submission, in accordance with Rule 54 of the Rules. Related information: Nuon Chea - Case Informationhttp://www.eccc.gov.kh/english/case002.aspx Ieng Sary - Case Informationhttp://www.eccc.gov.kh/english/case_iengsary.aspx Ieng Thirith Case Informationhttp://www.eccc.gov.kh/english/case_iengthirith.aspx Khieu Samphan - Case Informationhttp://www.eccc.gov.kh/english/case_khieusamphan.aspx
The Co-Investigating Judges have today, pursuant to Internal Rule 66 (4), forwarded the case file in Case 002 to the Co-Prosecutors. The Co-Prosecutors have a maximum of 45 days to file their final submission to the Co-Investigating Judges. After the receipt of the final submission from the Co-Prosecutors, the Co-Investigating Judges will issue a Closing Order in Case 002. The Closing Order will be either an indictment sending the case for trial or a dismissal of the case (partially or totally). The charged persons in Case 002 are currently Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Kaing Guek Eav.
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. For the last two years Mr. Cayley has been in private practice, defending Charles Taylor before the Special Court for Sierra Leone and Ivan Cermak before the International Criminal Tribunal for the former Yugoslavia. From 2005-2007 he served as Senior Prosecuting Counsel at the International Criminal Court and in that capacity was responsible for the Darfur investigation and subsequently for the first Darfur case against Ahmed Harun and Ali Kushayb. From 2001-2005 he served as Senior Prosecuting Counsel at the International Criminal Tribunal for the former Yugoslavia ( “ICTY“ ) where he was responsible for the continuing investigation against Colonel General Ratko Mladic and led the first international prosecution of members of the Kosovo Liberation Army. Prior to this he served as Prosecuting Counsel at ICTY from 1995-2001, the first three years being seconded from the British army by the Foreign & Commonwealth Office to the ICTY. Subsequently being permanently recruited by the ICTY, in 1998, he appeared as Prosecuting Counsel in five trials over six years including the first trial for events in Srebrenica in July 1995.Mr. Cayley holds an LL.B and and LL.M. from University College London and is also a professional officer graduate of the Royal Military Academy Sandhurst.