Extraordinary Chambers in the Courts of Cambodia: Chronology
Last Updated 4 November 2009
Selected Events from: 1997-2007
30 October 2009: Australian Broadcasting Corporation announces that the lawyers for the defense in Case 002 have filed a motion accusing the two judges of the pre-trial chamber of taking orders from their respective governments.
24-25 October 2009: Second regional Victims Unit Outreach forum is held in Kampong Cham. Over 170 Civil Party applicants attended the two-day forum, which included a panel of experts, small-group discussions, and the opportunity to meet and engage 9 of the Cambodian and international lawyers who are available to represent the Civil Parties in Case 002.
22 October 2009: The Phnom Penh Post announces that the team of lawyers representing Khmer Krom (ethnic Khmer living in the Mekong River Delta in Vietnam) Civil Parties in Case 002 plan to file a submission calling for the Co-Investigating Judges to include genocide charges against the defendants in Case 002.
13 October 2009: Defense lawyers for Ieng Sary filed an appeal with the Office of the Co-Investigating Judges (OCIJ) seeking additional information about the ongoing investigation against Ieng Sary and three other suspects, claiming that the OCIJ is stonewalling requests for details about the investigation process.
13 October 2009: So Sovann, Khieu Samphan's defense lawyer, plans to file a motion today (pending translation) to remove the international co-investigating judge Marcel Lemonde based on a statement he made at a meeting in August, that he preferred that investigators "find more inculpatory evidence than exculpatory evidence" in the second case before the ECCC.
13 October 2009: Amnesty International, the International Commission of Jurists and the REDRESS Trust submit an amicus curiae brief pertaining to a decision by the Office of the Co-Investigating Judges whether to use "torture-tainted evidence" in the case against Ieng Thirith.
9 October 2009: Michael Karnavas, attorney for Ieng Sary, files a motion demanding that the international co-investigating judge, Marcel Lemonde, resign alleging that he is biased. The motion is based on a sworn statement by Lemonde's former chief of intelligence and analysis that Lemonde told subordinates to favor evidence that pointed to suspects' guilt over evidence which pointed to their innocence.
9 October 2009: Cambodian Foreign Minister, who is one of the 6 officials who have been called to testify, says he will check his schedule before deciding if he can testify.
7 October 2009: The French co-investigating judge calls six top government and legislative officials to testify in the second trial before the ECCC. A spokesperson for the government says that government's position is against officials testifying, unless they volunteer individually.
7 October 2009: The Cambodian Defenders Project (CDP) reports that the Victim's Unit has received 10 civil party applications alleging that they were subjected to forced marriage by the Khmer Rouge regime. CDP alleges that these forced marriages are a crime against humanity. Although that specific crime is not listed in the law establishing the ECCC, the Special Court for Sierra Leone has found defendants guilty of that crime.
3-4 October 2009: The Cambodian Diaspora Victims' Participation Project in the ECCC holds a workshop in Portland, Oregon in order to educate Oregonians about the trials and help Cambodian survivors living in the region document evidence for submission to the courts.
2 October 2009: The September issue of the ECCC Court Report is available. It includes information about a crew from United Nations Television visiting the ECCC in September to document the Duch trial and the progress of the Court.
1 October 2009: The Trial Chamber has scheduled the closing statements in Case 001, against Kaing Guek Eav (Duch). Closing statements will begin on 23 November and finish on 27 November, with statements from Civil Parties, Co-Prosecutors, Defense lawyers and the Accused.
26-27 September 2009: The Victims Unit hosts its first regional Civil Party forum in Kampot. 195 Civil Party applicants attended, and heard updates on the process of the court and the application process. Attendants were able to ask questions of court officials and to consult with members of the legal team employeed by VU if they did not already have counsel.
17 September 2009: The presentation of evidence in the case against Kaing Guek Eav ("Duch") concludes. The trial, which started on 30 March 2009, was in session for 72 days, and included testimony from 9 expert witnesses, 17 fact witnesses, 7 character witnesses and 22 Civil Parties. A total of 23,742 visitors observed the trial.
15 September 2009: The Co-Investigating Judges order the provisional detention of Nuon Chea to be extended for one more year. Nuon Chea has been in custody since 19 September 2007, and is charged with crimes against humanity and grave breaches of the Geneva Convention. His case is still under investigation.
11 September 2009: The Plenary Committee of the ECCC modifies the deadline for submission of Civil Party applications for Case 002, which is against Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan. Applications must be received 15 days after notification of the conclusion of the judicial investigation, which the Plenary Committee expects to be at the end of 2009 for Case 002.
11 September 2009: The Sixth ECCC Plenary session concludes. The Plenary Session adopted amendments aimed at streamlining proceedings, including changes in witness protection and rules of evidence. The Plenary Session also modified the role of Civil Party participation in Case 0002 to meet the requirements of mass trials, to fit the Cambodian context and to respond to the needs of the victims.
8 September 2009: The Acting International Co-Prosecutor files introductory submissions so that judicial investigations may be opened into the criminal activities of five additional suspects. The introductory submissions request investigation of 40 distinct factual circumstances, which, if the allegations are proven, would constitute crimes against humanity, genocide and other crimes.
7 September 2009: Prime Minister of Cambodia Hun Sen warns in a speech that more trials would undermine national security and could lead to civil war.
4 September 2009: The newest issue of the Court Report is announced; it will include a story about the weekly TV program "Duch on Trial," which is broadcast on the Cambodian Television Network.
2 September 2009: The Pre-Trial Chamber announces that it is unable to reach a decision on the disagreement between the Co-Prosecutors regarding further investigations, therefore the International Co-Prosecutor will be permitted to forward new Introductory Submissions to the Co-Investigating Judges opening further judicial investigations.
29 August 2009: The Supreme Council of Magistracy of Cambodia appointed Mr. William Smith (Australia) as the Acting International Co-Prosecutor, effective 1 September 2009. Mr. Smith will replace the current International Co-Prosecutor, Mr. Robert Petit, whose resignation takes effect on the same date.
27 August 2009: The Trial Chamber announces it will hear closing statements in the case against Kaing Guek Eav ("Duch") starting on November 23, 2009. Closing statements will be given by the Civil Parties, the Co-Prosecutors, the lawyers for the Accused, and the Accused himself.
26 August 2009: ECCC announces that more than 20,000 visitors have attended the trial of Kaing Guek Eav ("Duch") since it started on March 30.
29 July 2009: The Trial Chamber rejects a motion from the Co-Prosecutors to submit segments of film footage as evidence in the trial against Kaing Guek Eav (“Duch”).
29 July 2009: The Co-Investigating Judges dismiss a request from Ieng Thirith’s Defence team to exclude evidence or other material which was or may have been obtained by torture.
22 July 2009: The Public Affairs Section announces it has strengthened efforts to increase outreach activities and visitor attendance at the court through radio broadcasts. The ECCC has reached a benchmark of 12,000 visitors in attendance at the case against Kaing Guek Eav (“Duch”).
3 July 2009: Pre-Trial Chamber dismisses Khieu Samphan’s request for release.
26 June 2009: The Pre-Trial Chamber rejects Ieng Sary’s Appeal against the extension of provisional detention.
24 June 2009: International Co-Prosecutor Robert Petit announces he is stepping down effective 1 September 2009.
15 June 2009: The Trial Chamber rejects the request for the release of Kaing Guek Eav (“Duch”).
8 June 2009: The ECCC publishes a set of Defence requests relating to the issue of potential conflicts of interest of members of the OCIJ staff, all of which were rejected by the Co-Investigating Judges.
19 May 2009: The Co-Investigating Judges publish a number of Case File documents related to a request from leng Thirith’s Defence team to exclude evidence obtained by torture.
18 May 2009: The Office of Administration of the ECCC is taking steps to strengthen and streamline its activities in the areas of Public Affairs, Outreach and the Victims Unit through new staff appointments and funding.
6 May 2009: The Friends of the ECCC hold their 13th meeting at the French Embassy.
6 May 2009: The ECCC publishes appeals from Ieng Sary, Ieng Thirith, Nuon Chea, and Khieu Samphan against the "Order on Request for Investigative Action" issued by the Co-Investigating Judges on 3 April 2009.
4 May 2009: The ECCC publishes the Pre-Trial Decision dismissing the appeal against extension of provisional detention of Noun Chea and rejecting the request for conditional release.
30 April 2009: Japan announces a further contribution of $4,170,814 to the Cambodian side of the ECCC budget.
27 April 2009: The ECCC publishes the Trial Chamber’s decision to extend the time-limit to decide on the request for the conditional release of Kaing Guek Eav (“Duch”) by 45 days until 15 June 2009.
24 April 2009: The International Co-Prosecutor issues a press statement on the Pre-Trial Chamber’s Directions on the disagreement concerning the opening of further judicial investigations.
24 April 2009: The ECCC publishes a Trial Chamber Decision on the admissibility of new materials and directions to the parties in the case of Kaing Guek Eav (“Duch”).
21 April 2009: The daily transcript of the five day proceedings in the case against Kaing Guek Eav (“Duch”) is published.
31 March 2009: Duch publicly admits guilt and apologizes during his second day of trial, asking for time in which to ask the forgiveness of Khmer Rouge survivors the family members of its victims. This confession has been widely expected and is seen as part of the Duch defense team's strategy.
30 March 2009: The Duch trial begins with the first part of the prosecutor's opening argument.
20 March 2009: The Japanese government donates $200,000 to the ECCC, covering March salaries for the Cambodian side of the tribunal, to which most donor's funds have been frozen amongst allegations of corruption.
16 March 2009: Third revision of the ECCC Internal Rules comes into force. One revised rule bars Civil Parties who have representation from making their own legal submissions to the court, a measure that appears to respond to Theary Seng's attempt to address the court in June 2008.
12 March 2009: Cambodian Minister of Information Khieu Kanharith states publicly on the radio that the ECCC should speed up trials of the current five suspects rather than beginning new prosecutions.
10 March 2009: Ieng Sary files an appeal of the OCIJ Breach of Confidentiality Order, citing the danger of a chilling effect on the parties' rights to advocate its interests openly, and requesting an expediting hearing schedule on the appeal. The Pre-Trial Chamber denied the expedite request and scheduled a public oral hearing for 3 April 2009.
5 March 2009: The Victim Participation Project at the Documentation Center of Cambodia published the results of a survey, indicating that a slight majority of Cambodians (56.8 percent) would like to see the ECCC pursue prosecution of additional suspects. Among young Cambodians, the number is higher (67.5 percent).
3 March 2009: Judge Kong Srim, president of the Supreme Court Chamber, warns that the financial crunches and drying up reserves from funding sources might lead to more disruption and delay. Kong Srim announced that nationals would not be paid this month and expressed concern stating, “I see this as our most important challenge, as it hardly seems reasonable for judicial officers and staff to be expected to continue working without remuneration.” He added, however, that Cambodian and U.N. officials “are confident that this problem will shortly be resolved.”
3 March 2009: The Co-Investigating Judges issue an Order on Breach of Confidentiality of the Judicial Investigation due to the posting of documents by the defence for Ieng Sary on an independent website, and demand that the offending documents be removed pursuant to Rule 56(1) of the ECCC Internal Rules, which states that “[i]n order to preserve the rights and interests of the parties, judicial investigations shall not be conducted in public. All persons participating in the judicial investigations shall maintain confidentiality.”
26 February 2009: Ieng Sary’s hearing on provisional detention is rescheduled for 2 April due to his poor health.
26 February 2009: The Office of the Coordinator of UNAKRT announces the appointment of Mr. Richard Rogers as Head of Defence Support Section (DSS).
23 February 2009: The Trial Chamber announces that the next hearings in the Duch case will be held on 30 March to 1 April, with further sessions between 6 April and 2 July.
20 February 2009: Pre-Trial Chamber delivers oral decision dismissing Khieu Samphan’s Appeal against the Order on Translation Rights and Obligations of the Parties on the grounds that the Internal Rules do not authorize such appeals by the defense.
17 February 2009: Initial hearing before the Trial Chamber in the case against Kaing Guek Eav (alias 'Duch').
11 February 2009: Cambodian royal decree appoints Florence Mumba (Zambia) as International Reserve Judge of the Pre-Trial Chamber.
10 February 2009: Royal Prosecutor of the Phnom Penh Municipal Court dismisses corruption complaint filed by Nuon Chea's defense team.
6 February 2009: Pre-Trial Chamber decides to reject request of the Co-Prosecutors to determine Khieu Samphan's appeal against extension of provisional detention on basis of written submissions and schedules public hearing for 27 February.
4 February 2009: Victims Unit announces receipt of 94 Civil Party applications prior to the Trial Chamber's deadline in the case against Kaing Guek Eav (alias "Duch"). Of these, 28 had already been admitted at the investigation stage and will continue to the trial stage; the remaining 66 are currently under review. Additionally, as of 2 February 2009, the Victims Unit had received 28 complaints, which can be used as evidence and whose authors could be called as witnesses at trial. There is no deadline for the submission of complaints and the Victim's Unit will continue to receive such complaints.
20 January 2009: The ECCC launches a media campaign across Cambodia to encourage victims wishing to participate in the case against Kaing Guek Eav, alias Duch, to notify the court of their intentions by 2 February 2009. While the ECCC permits victims to participate in proceedings before the court as "civil parties," to date, only 28 people have been officially recognized as parties to the Duch trial, and about 70 applications are pending.
19 January 2009: The Trial Chamber announces that the trial against Kaing Guek Eav, alias Duch -- the first trial to be held by the ECCC -- will commence 17 February 2009.
15 January 2009: The Trial Chamber holds its first hearing with the parties in the case against Kaing Guek Eav, alias Duch, to discuss issues that need to be resolved before trial.
8 January 2009: Nuon Chea's defense lawyer files a complaint withthe Phnom Penh Municipal Court alleging corruption at the ECCC and requesting the domestic court to open an investigation.
24 December 2008: Pre-Trial Chamber decides Khieu Samphan's supplemental application for release is inadmissible
17 December 2008: ECCC issues Rules Governing the Detention of Person's Awaiting Trial or Appeal
5 December 2008: Pre-Trial Chamber grants Co-Prosecutors' motion to add charges of torture and homicide in the case against Kaing Guek Eav, alias Duch. However, the Chamber rejected the argument of the Co-Prosecutors that the Co-Investigating Judges erred in failing to charge Duch under the theory of joint criminal enterprise liability.
4 December 2008: Defense for Khieu Samphan files an urgent request for release
1 December 2008: Robert Petit, one of the two Co-Prosecutors of the ECCC, filed a Statement of Disagreement between the Co-Prosecutors with the Pre-Trial Chamber in accordance with Internal Rule 71 of the Court, whichauthorizes the Pre-Trial Chamber to resolve disputes between the Prosecutors.According to the Statement, the disagreement "rests uponthe appropriateness of opening new judicial investigations into crimes committed in various locations throughout Cambodia by certain persons considered to be senior leaders of the Khmer Rouge or persons most responsible for crimes under that regime."
10 November 2008: Co-Investigating Judges order extension of provisional detention of Ieng Sary for a maximum of one year
10 November 2008: Co-Investigating Judges order extension of provisional detention of Ieng Thirith for a maximum of one year.
28 October 2008: Co-Investigating Judges refuse Khieu Samphan’s request for provisional release.
27 October 2008: Pre-Trial Chamber receives amicus curiae briefs from Antonio Cassese, Kai Ambos, and the Centre for Human Rights and Legal Pluralism at McGill University on the subject of whether joint criminal enterprise should be applied as a theory of liability in the case against Kaing Guek Eav (“Duch”).
22 October 2008: Pre-Trial Chamber denies Nuon Chea’s motion for the appointment of an expert to determine the readiness of the accused to stand trial, noting that Nuon Chea had already been examined by four cardiologists since his detention by the ECCC and that the reports of those doctors all lead to the conclusion that Nuon Chea’s capacities are not significantly affected by his cardio-vascular ailments and that his cognitive functions are normal for a person of his age.
21 October 2008: Pre-Trial Chamber denies Ieng Sary’s motion for the appointment of a psychiatric expert to determine the readiness of the accused to stand trial, noting that the Case File contains no evidence indicating that Ieng Sary’s mental capacities might be affected by his physical ailments.
17 October 2008: Pre-Trial Chamber denies Ieng Sary’s motion for provisional release. Ieng Sary had argued that he should be released pending trial due to ill health and the possibility that the prosecution by the ECCC will be deemed to be barred under the doctrine of ne bis in idem.
14 October 2008: Pre-Trial Chamber denies Ieng Sary’s motion to disqualify Professor Antonio Cassese and selected members of the Board of Editors and Editorial Committee of the Journal of International Criminal Justice from submitting a written amicus curiae brief on the issue of joint criminal enterprise in the Co-Prosecutor’s appeal of the Closing Order against Kaing Guek Eav, holding that neither the Internal Rules of the ECCC nor the Cambodian Code of Criminal Procedure provide a right for a third party to intervene in a Case File and make submissions on issues raised by an appeal.
13 October 2008: Pre-Trial Judge Ney Thol recuses himself from hearing the Co-Prosecutor’s appeal of the Closing Order against Kaing Guek Eav (alias "Duch"). Reserve Judge Pen Pichsaly will replace Judge Ney Thol for the duration of the proceedings in the appeal.
8 October 2008: Open Society Justice Initiative issues new report detailing ongoing allegations of corruption at the ECCC. The report counsels donor nations to condition the disbursements of funds to the court on the adoption and implementation of stronger anti-corruption mechanisms.
7 October 2008: German government announces that it has pledged an additional 4.3 million dollars for the ECCC, making Germany the second largest state sponsor of the court, behind Japan.
6 October 2008: ECCC adopts Code of Judicial Ethics.
6 October 2008: Pre-Trial Chamber rejects Ieng Sary's request to make submissions on the application of joint criminal enterprise in the case against Kaing Guek Eav (alias "Duch"), holding that neither the Internal Rules of the ECCC nor the Cambodian Code of Criminal Procedure provide a right for a third party to intervene in a Case File and make submissions on issues raised by an appeal.
2 October 2008: The start of the first trial, against Kaing Guek Eav (alias "Duch") is likely to be delayed until early next year because more time is needed to deal with the Co-Prosecutors' appeal of the Closing Order in that case.
26 September 2008: Pre-Trial Chamber issues decision on Nuon Chea's appeal concerning provisional detention conditions. The appeal is allowed and the order fated 20 May 2008 concerning provisional detention (confirming that detainees in ECCC do not have the right to communicate among themselves) is set aide.
23 September 2008: Pre-Trial Chamber invites amici curiae briefs on Joint Criminal Enterprise from Prof. Antionio Cassese, Prof. Dr. Kai Ambos, and McGill University.
16 September 2008: Co-investigating Judges order extension of provisional detention of Nuon Chea for a maximum of one year.
29 August 2008: Pre-Trial Chamber holds that “legitimately unrepresented” Civil Parties may be granted leave to address the Pre-Trial Chamber in person when their interests are different from those of the Prosecution. Any unrepresented Civil Party claiming the right to address the Pre-Trial Chamber in person at a scheduled hearing must make a written request explaining the context and relevant of the proposed submission at least ten days prior to the hearing.
28 August 2008: Pre-Trial Chamber rejects motion to reconsider decision rejecting request from a Civil Party to address the Chamber in person, as opposed to through her lawyer, in the context of the hearing on the appeal against provisional detention in the case against Ieng Sary.
28 August 2008: Pre-Trial Chamber dismisses appeal by Ieng Sary against the 26 May 2008 letter of the Co-Investigating Judges rejecting the accused’s “Request for information concerning the apparent bias and potential existence of a conflict of interest of OCIJ Legal Office David Boyle.” The Chamber found it had no jurisdiction over the Defense’s appeal.
15 August 2008: Pre-Trial Chamber directs the Defense for Khieu Samphan to state its position on the appeal against the order against the provisional release, which was indefinitely postponed in April at the request of the Defense.
22 July 2008: Co-Lawyers for Khieu Samphan file appeal against order of Co-Investigating Judges denying request from international Co-Lawyer for full translation of all documents in the case file into French.
14 July 2008: Co-Lawyers for Nuon Chea file appeal against order of Co-Investigating Judges mandating that the detainees held in the ECCC Detention Facility remain segregated from one another.
9 July 2008: Pre-Trial Chamber affirms the order of the Co-Investigating Judges committing Ieng Thirith to provisional detention.
3 July 2008: Pre-Trial Chamber rejects request from a Civil Party to address the Chamber in person, as opposed to through her lawyer, in the context of the hearing on the appeal against provisional detention in the case against Ieng Sary. The Pre-Trial Chamber noted that Internal Rule 77(10) made clear that only lawyers for civil parties have the right to make brief oral observations during pre-trial appeals.
30 June 2008: Hearing on the appeal against provisional detention in the case against Ieng Sary commences before the Pre-Trial Chamber. The Pre-Trial Chamber rejects a request from the accused’s Co-Lawyers that the hearing be postponed pending appointment of an expert to examine Ieng Sary’s fitness to stand trial.
26 June 2008: Office of Administration publishes ECCC Annual Audit Report 2007.
24 June 2008: Co-Investigating Judges refuse the request for release of Khieu Samphan.
24 June 2008: Pre-Trial Chamber rejects Civil Parties’ request that they be given equal time for oral submissions as the Co-Prosecution and the Defense during the hearing on the appeal against provisional detention in the case against Ieng Sary.
19 June 2008: Co-Investigating Judges issue order denying request from Khieu Samphan’s international Co-Lawyer for full translation of all documents in the case file into French.
11 June 2008: Co-Investigating Judges issue update on current status of the case of Kaing Guek Eav, alias Duch, noting that the requests from both the Co-Prosecutors and the Civil Parties for further investigative acts in the case had been rejected by the Co-Investigating Judges.
6 June 2008: Ieng Sary files an appeal against the 26 May 2008 letter of the Co-Investigating Judges rejecting the accused’s “Request for information concerning the apparent bias and potential existence of a conflict of interest of OCIJ Legal Office David Boyle.”
20 May 2008: Co-Investigating Judges issue Order confirming that, as a general rule, detainees held in the ECCC Detention Facility shall remain segregated from one another, with the exception that Ieng Sary and Ieng Thirith will continue to enjoy the right to daily visits by virtue of their status as husband and wife.
16 May 2008: The Co-Prosecutors submit response to Ieng Sary’s submission on jurisdiction, requesting that the Pre-Trial Chamber reject the accused’s argument that the ECCC has no jurisdiction to investigate or prosecute him because of his trial, in absentia, of 1979 and the royal amnesty and pardon of 1996.
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.