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Tag Archives: Andrew Cayley
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 Also tagged 002/19-09-2007/ECCC/TC, 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 Also tagged absent, abuse of process, access, 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 Also tagged 33(1), 33(2), Agnieszka Klonowiecka-Milart, Alain WERNER, amicus curiae, Amicus Curiae Brief, 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 Also tagged 002/19-09-2007-ECCC/OCIJ, actual bias, 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
ICTY: Gotovina: Leave to Appeal the Reopening of the Trial Granted
2010-05-10, The Hague, The Netherlands. Judge Orie certified the Cermak and Markac Defence appeal of the Chamber’s confidential decision to reopen the OTP’s case in order to present new evidence. Statement of Law and Application (Rule 73 (B)). 1. the decision involved an issue that would significantly affect the fair and expeditious conduct of the proceedings or [...]
Posted in ICTY Also tagged Alan Tieger, Alphons Orie, Ante Gotovina, Elizabeth Gwaunza, Gillian Higgins, Goran Mikulicic, Gregory Kehoe, IT-06-90-T, Ivan Cermak, Luka Misetic, Mladen Markac, Payam Akhavan, Rule 73 (B), Steven Kay, Tomislav Kuzmanovic, Uldis Kinis Comments closed
ICTY: Gotovina: Appeals Chamber Takes Word-Limits Seriously
2010-05-13, The Hague, The Netherlands. Judge Fausto Pocar of the Appeals Chamber granted, in part, Gotovina’s motion to strike the OTP’s Prosecution’s Response to Gotovina Defence Appeal Concerning Permanent Restraining Orders to the Republic of Croatia. The Appeals Chamber forced the OTP to refile their Response because the OTP inserted quotes from Gotovina’s arguments at [...]
Posted in ICTY Also tagged Alan Tieger, Andresia Vaz, Ante Gotovina, appendice, Croatia, factual arguments, Fausto Pocar, Gillian Higgins, Goran Mikulicic, Gregory W. Kehoe, IT-06-90-AR73.5, Ivan Cermak, legal argument, Liu Daqun, Luka S. Misetic, Mehrnet Guney, Mladen Markac, motion to strike, non-argumentative material, para. (C)(6), Payam Akhavan, Practice Direction, quotation, quote, refile, Stephen Kay, Theodor Meron, Tomislav Kuzmanovic, word limit 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 Also tagged 002/19-09-2007-ECCC/OCIJ, 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
ICTY: Gotovina: Guidance on the Admissibility of Unattested Rule 92 ter Statements as Previous Inconsistent Statements
2010-03-30, The Hague, The Netherlands. The Guidance deals with the admission of those parts of Rule 92 ter statements that witnesses fail to attest to in the course of their in-court testimony, and that, as a result, constitute previous inconsistent statements. Previous inconsistent statement may be admitted into evidence for the following two purposes (TC [...]
Posted in ICTY Also tagged admission, Alan Tieger, Alphons Orie, Ante Gotovina, Elizabeth Gwaunza, Gillian Higgins, Goran Mikulicic, Gregory Kehoe, IT-06-90-T, Ivan Cermak, leges specialis, lex generalis, Luka MiSetid, Mladen Markac, Payam Akhavan, previous inconsistent statement, prior inconsistent statement, Rule 89(C), Rule 92 bis, Rule 92 quater, Rule 92 ter, statement, Stefan Waespi, Steven Kay, Tomislav Kuzmanovic, Uldis Kinis Comments closed
ECCC: 002: No Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity