Tag Archives: threshold

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

By Editor | Published: January 23, 2011

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, 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, translation, unjustified delays, unreasonable delays, You Bunleng | Comments closed

ICC: OTP Intermediaries to Be Disclosed to the Defence

By Editor | Published: June 5, 2010

2010-06-02, The Hague, The Netherlands. Judges ordered the OTP to provide the Defence with the details of the professional background of intermediaries. The Chamber rejected the OTP’s suggestion to examine the intermediaries in the absence of both parties, and to hear evidence about selection of intermediaries from the “appropriate representative”. The Chamber found that both [...]

Posted in ICC | Also tagged Adrian Fulford, appropriate representative, Article 63, Article 64, Article 67, Article 69, Catherine Mabille, Curriculum vitae, cv, Decision on Intermediaries, disclosure, Elizabeth Odio Benito, ex parte, examination, exculpatory evidence, fair trial, false evidence, Fatou Bensouda, ICC Statute, ICC-01/04-01/06, identities, incriminating evidence, intermediaries, intermediary 143, intermediary 23, intermediary 316, intermediary 321, Jean-Marie Biju-Duval, Luis Moreno-Ocampo, misused of position, prima facie grounds, professional background, Redacted, Rene Blattmann, resume, Rome Statute, Rule 11, Rule 81, Rule 83, Rule 84, Rule 87, Rules of Procedure and Evidence, Thomas Lubanga Dyilo, witness intimidation, witness statement, witnesses | Comments closed

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