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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

 
10th Regional Forum for 300 Civil Parties in Case 002 held in Chba Morn Town, Kampong Speu Province

The Victims Support Section (VSS) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) held its 10th Regional Forum for the 300 Civil Parties recently admitted in Case 002. The Civil Parties are from Phnom Penh, Kandal, Kampong Speu, and Takeo provinces. The Forum was organized at the Tea Suyheng Restaurant in Chba Morn Town, Kampong Speu Province, on Friday, October 28. 

The 300 Civil Parties who participated in this regional forum are part of the group of 1,745 Civil Parties admmitted by the Pre-Trial Chamber from 24 of June 2011 onwards. The total number of Civil Parties in Case 002 is currently 3,867.

The Regional Forum is one of the ways through which the VSS implements its project on wider Victims' Improved Participation in the Proceedings of ECCC 2011 and empowers Civil Parties in judical proceedings in Case 002. The purpose of the Regional Forum is to promote victims' participation by providing a safe venue for dialogue for Civil Parties from the provinces and:

-     To meet Civil Party Lawyers to discuss their rights at the trial stage and to generate ideas from Civil Parties on collective reparations in order to formulate their civil claim.

-     To meet officials from various offices of the ECCC and civil society representatives in order to learn about recent progress of the ECCC.

-     To meet Civil Parties from Case 001 in order to learn about their experiences for a better involvement in Case 002.

 
Access for Public and Media to Case 002 Opening Statements 21-24 Nov and Hearing of Evidence 28 Nov and Onwards

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has announced that the opening statements in Case 002 against Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith will commence on Monday 21 November 2011 at 9 am. with the following schedule:

Monday 21 November 2011:
Reading of the counts against each Accused.
Opening Statements by the Co-Prosecutors.

 Tuesday 22 November 2011:
Opening Statements by the Co-Prosecutors continues.

Wednesday 23 November 2011:
Response to Opening Statements by the defence teams.

Thursday 24 November 2011:
Response to Opening Statements by the defence teams continues.

Following the conclusion of opening statements, the hearing of evidence in Case 002 will commence at 9 am on Monday 28 November 2011.

Information to visitors:
The 482 seats in the public gallery will be allocated as follows:
Case 002 Civil Parties and legal representatives: 230 seats have been allocated for Civil Parties facilitated by the Victims Support Section and intermediary organizations, and their legal representatives. Seats that are not utilized by 8:45 am will be reallocated to the general public. Diplomats, government representatives and scholars: 50 seats have been allocated for this group. Advance registration to This e-mail address is being protected from spambots. You need JavaScript enabled to view it is required. Deadline for registration:  Wednesday 16 November 2011, 4 pm. Seats that are not utilized by 8:45 am will be reallocated to the general public. NGO representatives: 50 seats have been allocated to NGOs with ECCC related programs.  Advance registration is required. Requests for seats must be sent to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Deadline: Wednesday 16 November 2011, 4pm. Following the deadline for requests and dependent on the total number of requests, the ECCC will notify each NGO of the number of seats allocated. If the number of requests exceeds the total number of seats allocated, ECCC will allocate the seats according to the following priorities:  1) Staff from intermediary organizations ;  2) Staff involved in regular court monitoring programs;  3) NGOs with regular attendance on past hearings; and 4) Others Seats that are not utilized by 8:45 am will be reallocated to the general public. Media representatives: 20 seats in the public gallery have been allocated for media representatives. Priority will be given to print media. Advance registration to This e-mail address is being protected from spambots. You need JavaScript enabled to view it is required. Deadline: Wednesday 16 November 2011, 4 pm. The remaining members of the media will be allocated seats in the press room C105 on the ground floor of the court building. General public: 50 seats will be allocated to the general public, and will be distributed on a first come, first served basis.

The gates at the visitors entrance opens at 7 am on each hearing day. The ECCC recommends visitors arrive at the security gate early in order to leave enough time for security check and issuance of tickets. Doors to the courtroom will close by 8:45 am or when all seats in the public gallery are fully occupied.

Please kindly be advised that all visitors are required to present an ID (including a photo) at the gate. No persons under 16 years of age will be admitted to the court and persons 16 – 18 years will be admitted only with the guardianship of an adult. Visitors shall maintain dignity and proper behaviour at all times and shall wear appropriate clothing. No mobile phones, large bags, food or drink are permitted in the public gallery.

The ECCC is located in Chaom Chau, Phnom Penh, 16 km away from the downtown on National Road 4 toward Sihanoukville. Public and media, please enter from the Visitors Gate at the eastern end of the compound. Parking will be provided for visitors with their own vehicles.

Media accreditation:
Advance registration and accreditation is required for all media representatives who wish to be granted access to the ECCC on 21-28 November 2011. The following procedure will apply for media representatives seeking access to the ECCC:
a)      Valid ECCC press accreditation card holders must register their request for access to the hearings with the Public Affairs Section by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
b)      Expired ECCC press accreditation card holders must re-submit a completed and signed Media Accreditation Form together with their request for registration to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  Please indicate the card number on your expired ECCC accreditation card. 
c)      Non-ECCC press accreditation card holders must submit a completed and signed Media Accreditation Form, a jpg portrait photo and a copy of passport together with their request for registration to This e-mail address is being protected from spambots. You need JavaScript enabled to view it  

The media accreditation form can be downloaded from the ECCC website: http://www.eccc.gov.kh/sites/default/files/ECCC_Accreditation_Media_Application_Form.doc.
Up to 20 seats in the public gallery of the courtroom have been reserved for representatives of the media. Priority will be given to print media. The remaining media representatives will be accommodated in the media room on the ground floor. Media representatives who wish to be allocated a seat in the public gallery should submit a request for seat reservation together with their registration for attendance of the hearing. 

Deadline for media registration and accreditation requests: Wednesday 16 November 2011, 4pm. 
Media Services
The ECCC Public Affairs Section will provide facilities on the ground floor of the court building to assist the media during the court hearing. 
The Press Work Room (C108) has a quiet space for working and a number of computers with internet connection will be available on a first-come first-served basis. Please note that there is currently only a limited wifi network available at the ECCC, so media representatives are recommended to bring their own 3G modems if they need to upload or download large files.
Audio and Video feeds of the court proceedings will be provided in the Press Room (C105). Television monitors will provide a transmission of the proceedings in and English (room C105) and in Khmer (room C109).

Seats reserved for media in the public gallery
Media representatives should be in their allocated seats 15 minutes before the scheduled start of the hearing. No cameras, laptops, cell phones or recording devices will be permitted in the public gallery.
Photography
The ECCC will provide high-resolution photography handouts from the start of the hearing.

Audio
Audio feeds of the proceeding will be provided to media through a PHONO/XLR connection. This feed
can be accessed in the press room (C105) using one of 48 audio connections (16 each in Khmer,
English and French). Additional audio hookups are possible from recorder to recorder if the users

bring the required cables. No audio recording will be permitted inside the courtroom.

Video
Video feeds of the proceedings will be provided through a BNC connection (PAL signal). This feed can be accessed in the press room (C105) using one of 30 output connections. Additional video hookups are

possible from recorder to recorder if the users bring the required cables. No video recording will be
allowed inside the courtroom.

Installment of media equipment and reservation of space in the press room C105:

Representatives of the media who wish to pre-install equipment and reserve space in the press room may visit the ECCC on Friday 18 November between 9 am and 2 pm or on Sunday 20 November 2011 between 10 am and 3 pm.

Transport for media:
The ECCC will provide free buses for the media who do not have their own means of transport from downtown Phnom Penh to the ECCC and return. Buses will leave from the ECCC Information Center House Number 6A, Street 21, Sangkat Tonle Basak, Khan Chamkar Morn at 7.00am and in front of the main Phnom Penh Railway Station between at 7.15 am on the day of the hearing. Advance registration to This e-mail address is being protected from spambots. You need JavaScript enabled to view it  is required.

For further information, please contact:
Lars Olsen
Legal Communications Officer
Mobile: +855(0)-12 488 023
Land line: +855 23 219 841 ext. 6169
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Mr. Neth Pheaktra
Press Officer
Mobile phone: +855 (0) 12 483 283
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 
Statement by the Office of the Co-Investigating Judges

Today, a number of media outlets have reported in their articles issues concerning the Co-Investigating Judges, especially that "...the Co-Investigating Judges backdated and secretly modified documents placed in the Case File 003..."  This allegation has been made on the basis of the minority opinion of the international judges [of the Pre-Trial Chamber] in relation to the appeal by a Civil Party Applicant. The Co-Investigating Judges would normally not be responding to any opinion of any judge, particularly when it comes to personal assessments which do not form the rationale for a decision. However, in order to avoid any speculation, the Office of the Co-Investigating Judges wishes to indicate the following:

 

After having been seized with the Civil Party Application filed by that person, who has been recognized by the Co-Investigating Judges as a Civil Party in Cases 001 and 002, the Co-Investigating Judges, on 29 April 2011, issued an order rejecting his/her Civil Party Application within the framework of Cases 003 and 004. Because there was only one application but which requested for the status of Civil Party in both Case 003 and Case 004, the Co-Investigating Judges had to issue two separate orders—one for Case 003 and another Case 004—although the reasoning for these orders was the same. 

Since, during the preparation for the order in Case 003, there were a number of reference numbers which had not been completely corrected and which were identified by the greffier, the Co-Investigating Judges allowed the greffier to correct those reference numbers in accordance with the Practice Directions on Filing Documents and the usual practice. 

The greffier made the request for correction, enclosing a draft with track changes and corrected specific points. The document was filed under Document D11/2/3/corr-1, of which the related parties to the proceedings, including that Civil Party Applicant were notified in accordance with typical procedures.

The Co-Investigating Judges could not change the date of the issuance of their order. They shall retain the date of the issuance of their initial order while simply rectifying points or pages that need to be corrected because the corrections concerned only erroneous points, far from amounting to a new order in replacement of the previous one. Such practices have also been done by the Pre-Trial Chamber, as per the corrected document of 3 December 2010 (D402/1/4/-Corr-1) pertaining to the Chamber's decision of 30 November 2010 (D/402/1/4).

To ensure transparency and avoid any speculation in the media, the Co-Investigating Judges will make public available documents relating to the current matter. These documents will be made available at www.eccc.gov.kh.

Phnom Penh, 26 October 2011

 
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: 11 December 2018

Victims Support Section of the ECCC