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Category Archives: ECCC
ECCC: 002: Trial Chamber Rejects JCEIII
2011-09-12, Phnom Penh, Cambodia. After reviewing the WWII jurisprudence cited by the ICTY and the STL in support of JCE III, the ECCC Trial Chamber found that the inference drawn by those tribunals that post-WWII convictions were based on JCE III “was not the only possible one based on the surviving record.” As a result, the [...]
Posted in ECCC Tagged 002/19-09-2007/ECCC/TC, Andrew Cayley, Ang Udom, applicability, Borkum Island Case, Brima et. al., Chea Leang, common criminal plan, Control Council Law No. 10, customary international law, Diana ELLIS, Duch Judgement, Elisabeth SIMONNEAU FORT, Essen Lynching Case, extended form, form of responsibility, general principle of law, genocidal intent, genocide, ICTY Appeals Chamber, Ieng Sary, Ieng Thirith, Jaques VERGES, JCE I, JCE II, JCE III, Jean-Marc Lavergne, joint criminal enterprise, jurisdictional challenge, Khieu Samphan, Krnojetac, Kvocka, Michael G. Karnavas, Michiel PESTMAN, Munyakazi, Nil Nonn, non-criminal common plan, Nuon Chea, participation, Phat Pouv Seang, PICH Ang, preliminary objections, Prosecutor v. Tadic, re-characterization, Rule 89, Sa Sovan, SCSL, Silvia Cartwright, Simba, SON Arun, specific intent, Thou Mony, Ulrich and Merkle, Victor KOPPE, Wuelfert, Ya Sokhan Comments closed
ECCC: Khieu: The Chamber Finds No Abuse of Process Arises From Failing to Translate Documents, 3-Year Delay to Start Trial and Lack of Access to the Court File. The Chamber Promises to Address the Principle of Legality Later in Other Cases
2011-01-12, Phnom Penh. The Chamber found the Accused application for stay of proceedings for abuse of process inadmissible. Grounds in the Application: (1) problems related to the translation of documents: - no translation of some documents – footnotes of the Closing Order, some of the evidentiary material, the Final Submission, 232 decisions and 3,850 documents [...]
Posted in ECCC Tagged absent, abuse of process, access, Andrew Cayley, appeal, application, Cambodian law, case file, Chea Leang, Closing Order, Democratic Kampuchea, Documentation Centre of Cambodia, egregious violation, errors, Final Submission, foreseeability, French, glossary, impartiality, international law, jurisdiction, Khieu Samphan, lack, merits, miscarriage of justice, nullum crimen sine lege, Office 870, poor quality, principle of legality, proportionality test, public presumption of guilt, rectification, remedy, Sa Sovan, sense of justice, Siegried Blunk, threshold, translation, unjustified delays, unreasonable delays, You Bunleng Comments closed
ECCC: Duch: Defence Support Section Not Allowed To File An Amicus Brief
2010-12-09, Phnom Penh, Cambodia. The Supreme Court Chamber denied the Defence Support Section’s request to file an amicus brief that would be focusing on the issues of international law. The DSS argued that the Co-Prosecutor’s grounds of appeal “raise complex and technical issues of international law”, while Defence Co-Lawyers appear to be limiting their submissions [...]
Posted in ECCC Tagged 33(1), 33(2), Agnieszka Klonowiecka-Milart, Alain WERNER, amicus curiae, Amicus Curiae Brief, Andrew Cayley, Annie DELAHAIE, Article 8.3, Brianne McGONIGLE, Brief, Chandra Nihal Jayasinghe, Chea Leang, Christine MARTINEAU, Defence Support Section, DSS, Duch, ECCC, Elizabeth RABESANDRATANA, Extraordinary Chambers in the Courts of Cambodia, Fabienne TRUSSES-NAPROUS, HONG Kimsuon, Internal Rules, Kaing Guek Eav, Kallon Decision, KANG Ritheary, KAR Savuth, Karim Khan, Kim Mengkhy, KONG Pisey, Kong Srim, Lawyers Committee for Human Rights, Martine JACQUIN, Moch Sovannary, Motoo Noguchi, Philippe CANONNE, Practice Direction on Filing of Documents, Prosecutor v. Kallon, Redress Trust, Richard J. Rogers, Rule 74, Rupert Abbott, SCSL-2003-07-PT-128, Silke Studzinsky, Sin Rith, Som Sereyvuth, Supreme Court Chamber, the International Commission of Jurists, Ty Srinna, Ya Narin, YUNG Phanit Comments closed
ECCC: Ieng: Request for Annulment of All Investigations Denied
2010-06-25, Phnom Penh, Cambodia. The Pre-Trial Chamber (PTC) granted the defence’s appeal of the Co-Investigative Judges’ (CIJ) order rejecting the defence’s request for annulment of all investigations. However, the PTC dismissed the request for annulment, after reconsidering it on its merits. Procedural History On December 7, 2009, the defence filed a request to annul all investigations [...]
Posted in ECCC Tagged 002/19-09-2007-ECCC/OCIJ, actual bias, Andrew Cayley, application for annulment, apprehended bias, Article 14, bias, burden of proof, Catherine Marchi-Uhel, Chea Leang, CIJ, Co-Investigative Judge, confidentiality, confidentiality of the investigation, Dianna Ellis QC, discretion, documentary, double-hearsay, exculpatory evidence, film crew, harmed interest, hearsay, Huot Vuthy, ICCPR, Ieng Thirith, inculpatory evidence, Internal Rule 21, Internal Rule 56(2)(b), Internal Rule 74(3)(g), Internal Rule 76(2), Internal Rule 76(5), international side, Judge Lemonde, Judge You Bunleng, lack of impartiality, lack of independence, Marcel Lemonde, national side, Ney Thol, objective bias, obligation to act independently, obligation to act jointly, OCIJ, OCP, Office of the Co-Prosecutors, Phat Pouv Seang, Prak Kimsan, Pre-Trial Chamber, presumption of judicial impartiality, procedural defect, PTC, request for annulment, Rowan Downing, standard of proof, stay of proceedings, subjective bias, witness interview, You Bun Leng Comments closed
ECCC: Duch: Trial Judgment to be Rendered on July 26
2010-05-24, Phnom Penh, Cambodia. The trial judgment in the Duch case will be announced on July 26. Mr. Kaing was accused of committing crimes against humanity, war crimes, premeditated murder and torture as a head of the prison camp S21. The accused was arrested on 30 July 2007, and tried between 30 March and 27 November [...]
Posted in ECCC Tagged 001/18-07-2007-ECCC/TC, 1956 Cambodian Penal Code, Communist Party of Kampuchea, CPK, crimes against humanity, Duch, head, judgment, Kaing Guek Eav, Office S21, premeditated murder, prison, S21, Santebal, torture, trial judgment, war crimes Comments closed
ECCC: Ieng: Appeal Re Defence’s Request for Provisional Release Denied
2010-04-30, Phnom Penh, Cambodia. The Pre-Trial Chamber dismissed the defence’s appeal requesting a reversal of the order extending the provisional detention of the accused and requesting his provision release. The PTC found that conditions specified in the Internal Rule 63(3) for provisional detention continued to exist: well-founded reason to believe that the person may have committed [...]
Posted in ECCC Tagged 002/19-09-2007-ECCC/OCIJ, Andrew Cayley, Anees Ahmed, Ang Udom, Chea Leang, Huot Vuthy, Ieng Sary, Internal Rule 63, Internal Rule 63(3), Internal Rule 75(3), Internal Rules, Katinka Lahuis, Michael G. Karnavas, Ney Thol, Prak Kimsan, Rowan Downing, Seng Bunkheang, William Smith, Yet Chakriya Comments closed
ECCC’s Budget Approved
2010-04-12, Phnom Penh, Cambodia. The ECCC’s Budget was approved for 2010-2011 in the amount of US$ 87.1 million, of which US$ 42.9 million is for 2010 and US$ 44.2 million is for 2011. ECCC |
ECCC: Nuon: A Film Director Bails On ECCC
2010-04-16, Phnom Penh, Cambodia. You Bunleng and Marcel Lemonde, ECCC Co-Investigating Judges (CIJ), gave up today on obtaining a copy of the film ”Enemies of the People” citing “the amount of time required and the practical difficulties involved in order to enforce an international rogatory letter.” In January 2010, the producer, Robert Lemkin, publicly stated that [...]
Posted in ECCC Tagged 002/19-09-2007-ECCCC-OCIJ, Bunleng You, Chea Nuon, ECCC, Enemies of the People, Extraordinary Chambers in the Courts of Cambodia, Internal Rules, international rogatory letter, Investigative Request, Marcel Lemonde, order, producer, Robert Lemkin, Rule 66, Rules 55, Sary Ieng, Thirith Ieng Comments closed
ECCC: 002: No Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity