Statement regarding prosecutorial disagreement

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.

In its Considerations, the Pre-Trial Chamber declares that it has not assembled an affirmative vote of at least four judges on a decision on the Disagreement. As the Pre-Trial Chamber has not reached a decision on the Disagreement brought before it, Internal Rule 71 (4) (c) provides that the action proposed by the International Co-Prosecutor shall be executed. In the current case, this means that the International Co-Prosecutor shall forward the new Introductory Submissions to the Co-Investigating Judges to open judicial investigations.

The public redacted version of “Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Internal Rule 71” as well as majority and minority opinions of the Pre-Trial Chamber have been published at the ECCC web site at the following address:


http://www.eccc.gov.kh/english/cabinet/courtDoc/425/Public_redacted_version_-_Considerations_of_the_PTC_regarding_the_Disagreement_between_the_Co-Prosecutors_pursuant_to_Internal_Rule_71_(English).pdf