Extraordinary Chambers in the Courts of Cambodia: Chronology
Last Updated 21 May 2008
Selected Events from: 1997-2006
15 May 2008: The Co-Investigating Judges conclude the investigation against Kaing Guek Eav (Duch). Parties have 15 days to request that further investigative acts be carried out.
5 May 2008: In the Ieng Sary and Ieng Thirith cases, the Pre-Trial Chamber accepts an appeal for conjugal visits between the defendants, a request that was earlier denied by the Co-Investigating Judges.
30 April 2008: In the Ieng Sary case, the Pre-Trial Chamber issues directions to civil parties on written submissions.
29 April 2008: Practice Direction on Protective Measures (Revision 1) is adopted.
9 April 2008: In the Ieng Sary case, defense lawyers file a petition protesting the legality of a trial by the ECCC based on a 1996 Royal Decree pardoning Ieng Sary for a 1979 in absentia conviction for genocide and granting Ieng Sary amnesty under a 1994 law outlawing membership in the Khmer Rouge. In the alternative, the defense argues that a trial is barred under the principle ne bis in idem.
28 March 2008: The Project Board of the ECCC releases the results of the Human Resources Management Review. The Board concludes that “human resource practices in their current state are of acceptable standard.”
27 March 2008: Group of Interested States holds meeting on ECCC at United Nations in New York, attended by representatives of 20 countries, the Controller, the Legal Counsel, the Cambodian Permanent Representative to the UN and an ECCC delegation led by the Director of Administration, who gave a briefing on recent developments and forward planning.
20 March 2008: In the Nuon Chea case, the Pre-Trial Chamber dismisses the defense appeal against the provisional detention order.
14 March 2008: The Pre-Trial Chamber announces that it will release its decision on the appeal by Nuon Chea against provisional detention on Thursday 20 March 2008 at 10 am.
11 March 2008: ECCC Director of Administration Sean Visoth holds a meeting with all Cambodian staff of the ECCC to give a progress report on the judicial and administrative activities, and on the current funding situation.
3 March 2008: The Pre-Trial Chamber rules that the Co-Lawyers of Ieng Sary may file submissions not exceeding 15 pages on jurisdictional issues addressed in the Order of Provisional Detention by 24 March. The Co-Prosecutors may file a response within 15 days.
3 March 2008: The Pre-Trial Chamber rules that the hearing on the Appeal against the Provisional Detention Order for Khieu Samphan will be held in camera, except such parts that involve Rule 63(3)(b), which states that the Co-Investigating Judges may order the provisional detention of a charged person only where they consider detention to be a “necessary measure.” The Co-Lawyers of Khieu Samphan may submit a redacted public version of the Appeal Brief to the Pre-Trial Chamber.
26-27 February 2008: The Office of the Co-Investigating Judges holds confidential on-site investigations at Choeung Ek and Tuol Sleng.
13 February 2008: The judges adopt a common Code of Judicial Ethics.
10 February 2008: The first revision to the Internal Rules enters into force.
8 February 2008: The Pre-Trial Chamber concludes its hearing on the appeal by Nuon Chea against the Order of Provisional Detention.
4 February 2008: The Pre-Trial Chamber, with the participation of legal representatives of Khmer Rouge victims, opens a hearing on Nuon Chea’s appeal against provisional detention.
4 February 2008: The Pre-Trial Chamber unanimously dismisses Nuon Chea’s application for disqualification of Judge Ney Thol.
28 January - 1 February 2008: The plenary session of judicial officers meets.
24 January 2008: The Co-Investigating Judges issues an order refusing a request by Nuon Chea for annulment of the written records of his first appearance before the ECCC. Nuon Chea’s lawyers had argued, inter alia, that the Co-Investigating Judges violated Nuon Chea’s right to counsel by conducting an initial hearing in the absence of defense attorneys. The Judges refused the request on the ground that Nuon Chea had voluntarily waived his right to remain silent and his right to counsel.
16 January 2008: The Pre-Trial Chamber invites persons and organizations to submit amicus curiae briefs on the appeal of Ieng Thirith against Order for Provisional Detention.
3 December 2007: The Pre-Trial Chamber unanimously affirms the decision of the Co-Investigating Judges to dismiss the appeal by Kaing Guek Eav (Duch) against the Order for Provisional Detention.
28 November 2007: The Pre-Trial Chamber of the Extraordinary Chambers invites amicus curiae briefs relating to the appeal by Nuon Chea against the Order of Provisional Detention by the Co-Investigating Judges.
19 November 2007: The Co-Investigating Judges charge Khieu Samphan with Crimes Against Humanity and War Crimes. Following an adversarial hearing, the Co-Investigating Judges place Samphan in Provisional Detention for no longer than a year.
14 November 2007: The Co-Investigating Judges order that Ieng Sary and Ieng Thirith be placed in provisional detention for a period not exceeding one year.
12 November 2007: Ieng Sary and Ieng Thirith are arrested and charged with crimes against humanity. Ieng Sary is also charged with war crimes.
19 September 2007: Nuon Chea, the highest-ranking surviving leader of the Khmer Rouge, is arrested and charged with crimes against humanity and war crimes.
4 September 2007: The Pre-Trial Chamber invites amicus curiae briefs relating to the appeal on behalf of Mr. Kaing Guek Eav (alias Duch) regarding the order of Provisional Detention issued on 31 July 2007.
23 August 2007: Co-counsel for Mr. Kaing Guek Eav (alias Duch) lodge an appeal against the Order of Provisional Detention issued on 31 July 2007.
31 July 2007: Mr. Kaing Guek Eav (alias Duch) is charged by the Co-Investigating Judges of the Extraordinary Chambers with crimes against humanity and is placed in provisional detention.
13 June 2007: The plenary session of national and international judicial officers concludes its meeting, unanimously agreeing on the Internal Rules that will govern the procedure of the Extraordinary Chambers.
28 April 2007: The Cambodian Bar Association agrees to lower fees for foreign lawyers practicing before the ECCC. The Bar is now asking that foreign lawyers pay $500 to practice over the entire length of the trials, a compromise expected to assuage international judges, who threatened a boycott against "extortionate" fees.
16 March 2007: The Review Committee concludes a ten-day session during which it reportedly resolved “all remaining disagreements [regarding the Internal Rules], although some fine tuning remains to be done.” Additionally, the international judges have asked the Bar Association of the Kingdom of Cambodia to reconsider its decision to impose a fee on foreign lawyers practicing before the ECCC that the judges believe would severely limit the right of accused and victims to select counsel of their choice.
7 March 2007: The Internal Rules Review Committee begins two weeks of renewed discussions on the draft Internal Rules of the Court.
26 January 2007: The Internal Rules Review Committee concludes a two-week session, during which it considered issues of disagreement that arose during the November plenary session. The Committee reports that while resolution was reached on some issues, several major issues have yet to be resolved, “such as the way in which Cambodian and international law can be integrated into the Internal Rules to ensure a transparent and fair registration process and full rights of audience for foreign defence counsel before the ECCC.” The Committee is scheduled to reconvene in March.
15 January 2007: The Rules Committee, made up of five Cambodian and four international judges, resumes discussions on the Court’s internal rules.
