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Supreme Court Chamber Sets Aside the Trial Chamber's Order to Release Ieng Thirith From Detention

Today, the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has granted by supermajority decision an immediate appeal from the Co-Prosecutors, thereby setting aside an order to unconditionally release the Accused Ieng THIRITH issued by the Trial Chamber on 17 November.

The Supreme Court Chamber found that the Trial Chamber must exhaust all available measures potentially capable of helping the Accused to become fit to stand trial. Such decision was adopted in the light of the possibility, albeit slight, of a meaningful improvement in the mental health of the Accused which was foreseen by the medical experts appointed by the Trial Chamber. In a situation where the stay of proceedings may be lifted, the Supreme Court Chamber found that unconditional release of an accused is not required. The Supreme Court Chamber concluded that the original ground for keeping the Accused in provisional detention, namely to ensure her presence during the proceedings, remains valid and relevant.

The Supreme Court Chamber directed the Trial Chamber to request, in consultation with appropriate medical and psychiatric experts, additional treatment for the Accused which may help improve her mental health to such extent that she becomes fit to stand trial. Such treatment is to be carried out in a hospital or other appropriate facility in Cambodia. No later than six months after the commencement of this treatment, the Accused shall undergo a medical, psychiatric and/or psychological expert examination, after which the Trial Chamber shall determine the Accused's fitness to stand trial without delay.

The Supreme Court Chamber decided that the detention of the Accused shall be carried out in the ECCC Detention Facility until the necessary arrangements for the additional treatment are finalized and in the hospital or comparable facility thereafter.

The full decision is available on the ECCC website:

http://www.eccc.gov.kh/en/document/court/decision-immediate-appeal-against-trial-chamber039s-order-release-accused-ieng-thirit

 
Opening Statements in Case 002 on 21 November 2011

The Trial Chamber today announced that opening statements in the trial in Case 002 will commence at 9.00 a.m. on Monday 21 November 2011 in the ECCC Main Courtroom and continue over the following days. The hearing of evidence in this case will begin on Monday 28 November 2011. The Initial Hearing in Case 002, which under the ECCC's Internal Rules amounts to the official opening of trial, was held before the Chamber between 27 and 30 June 2011.

The hearing on Monday 21 November 2011 will commence with the reading of the charges against each Accused. The Co-Prosecutors will then be allocated up to two days to make their opening statements. Although the Trial Chamber has recently separated proceedings in Case 002 into a series of smaller trials, the first trial will provide a general foundation for all allegations against the Accused, including those which will be examined in later trials. The Co-Prosecutors will therefore present opening statements in relation to all charges and factual allegations against the Accused in Case 002. Lawyers for each Accused will then be given an opportunity to respond to the opening statements of the Co-Prosecutors. Each Defence team has been allocated one half-day for their opening statements.  

Following the conclusion of opening statements, the hearing of evidence in Case 002 will commence at 9 a.m. on Monday 28 November 2011. The first segment of the trial will conclude no later than Friday 16 December 2011, when the Chamber will recess for the christmas and new year period.  Following this recess, trial proceedings will resume before the Chamber on Monday 9 January 2012. Proceedings before the Trial Chamber will be conducted in public to the maximum extent possible.

The Trial Chamber will provide further information regarding the timing of later trial segments in due course

 
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Today: 21 January 2018

Victims Support Section of the ECCC