Extraordinary Chambers in the Courts of Cambodia: Chronology
Last Updated 24 October 2013
Selected Events from: 1997-2007
21 October 2013: Co-prosecutor for case 002/1 asks for lifetime imprisonment for Kieu Semphan and Nuon Chea instead of death penalty, during her closing statement.
15 October 2013: Closing arguments for the prosecution in case 002/1 begin.
9 September 2013: Co-Prosecutor Andrew Cayley gives his resignation to the Secretary General and will be replaced by Reserve International Co-Prosecutor, Nicholas Koumjian.
23 August 2013: The ECCC announces that the hearing of oral closing arguments of Case 002/01 (the case against Nuon Chea and Khieu Samphan) will begin on 16 October and continue to the later part of October.
20 August 2013: Defense team for Case 002 files a request for a comprehensive list of all documents admitted into evidence.
15 August 2013: Jacques Verges, former International Co-Lawyer for Khieu Samphan dies. He represented Khieu Samphan since November 2007 when the accused was put in detention by the ECCC.
9 August 2013: Governor-General of New Zealand announces that he would pledge NZ$200,000 to the ECCC.
10 April 2013: The Cambodian government announces that it will downsize the ECCC due to a shortage of funds for the court. The court says it will restructure in order to be more cost-effective. The government spokesperson did not say how it will affect the 400 employees. This announcement seems to contradict the court’s announcement, on March 30th, that it will pay the overdue salaries of the Cambodian ECCC employees.
8 April 20103: The french priest, Francois Ponchaud, testifies in court as the court resumed hearings after the death of former Khmer Rouge foreign minister leng Sary. Currently, only two defendants are being tried: former head of state Khieu Samphan and former Prime Minister Nuon Chea.
5 April 2013: The ECCC declares that Nuon Chea is fit to stand trial. Nuon Chea is the most senior surviving member of the Khmer Rouge. He worked closely with Pol Pot and was a former prime minister.
4 April 2013: leng Sary’s son testifies, after his father’s death, and reports that his father did not hide any funds in overseas bank accounts.
29 March 2013: The Trial Chamber determines that Nuon Chea, who served as Pol Pot's deputy, is fit to stand trial. The Chamber based its decision on the findings of medical experts who determined that the 86 year old is still fit to participate in his own defense. Nuon Chea is on trial with former Khmer Rouge head of state Khieu Samphan.
25 March 2013: The Open Society Justice Initiative (OSJI) releases a report stating that it is "doubtful" that the ECCC will complete its current caseload. The OSJI cites donor fatigueand the declining health of the defendants as the two mainobstaclesfacing the court.
19 March 2013: Cambodia's Premier Hun Sen strongly denies the accusations that he has been obstructing the progress of the ECCC. He gives a speech urging thetribunalto move more quickly. This speech came on the heels of Human Rights Watch accusingHun Sen of trying to delay the trial.
22 February 2013: The Trial Chamber announces that it will hear expert testimony in March against the three defendants in Case 002.
21 February 2013: The Cambodian Government is still not paying the salaries of the Cambodian staffers. In response, the EU threatens to hold back payment of about US$400,000 if Cambodia does not pay the Cambodian staffers.
8 February 2013: The Supreme Court of the ECCC finds that the Trial Chamber’s severance order in Case 002 was unclear and that the Chamber failed to provide the parties with sufficient opportunity to be heard before issuing the decision. The Supreme Court invited the Trial Chamber to takesubmissionsfrom allparties on how to best proceed. Four individuals, Nuon Chea, Khieu Sampan, Ieng Sary and Ieng Thirth were indicted in Case 002. Ieng Thirth was dismissed from Case 002 due to her failing health in 2011.
6 February 2013: France announces it will increase its aid to the ECCC from 300,000 euros to 500,000 euros (an increase of about 270,000 US dollars). During a recent trip to Cambodia, The French Prime Minister, Jean-Marc Ayrauly, discussed the increase in aid with the Cambodian Prime Minister, Hun Sen. The ECCC has not paid salaries to locally employed staff since December
6 November 2012: The Trial Chamber hears testimony from 84-year-old Civil Party Mom Sam Oeun, a former French professor and an acquaintance of Pol Pot and defendant Ieng Sary.
5 November 2012: The Trial Chamber hears testimony from former Khmer Rouge foot soldier Sum Chea on events during the evacuation of Phnom Penh.
25 October 2012: Civil party Lay Buny concludes her testimony on forced evacuations by the DK regime.
23 October 2012: The Trial Chamber hears testimony from a new witness, Sok Chhin, a former railway worker, who will be questioned by the Prosecution, Civil Party lawyers, and the Nuon Chea defense.
22 October 2012: Civil Party lawyers submit a request seeking permission to deliver a closing statement in Case 002 that will detail their suffering.
19 October 2012: Hearings continue in Case 002, with parties presenting documents relating to communications and administration during the Democratic Kampuchea regime.
16 October 2012: The Trial Chamber determines the final scope of the charges against the three accused senior Khmer Rouge leaders in Case 002.
9 October 2012: Former Khmer Rouge military commander Meas Voeun completes his testimony in Case 002, testifying about the roles played by Nuon Chea and Khieu Samphan in the Khmer Rouge, Samdech Norodom Sihanouk’s 1970 call to Cambodians to crush the Lon Nol traitors, and the evolution of leadership in the new North Zone.
8 October 2012: Hearings in Case 002/1 are held, with former Khmer Rouge military commander Meas Voeun testifying about the changes in command structure in the West and North Zones and the role of former naval commander Meas Mut during the Democratic Kampuchea regime.
4 October 2012: Meas Voeun testifies about the battles leading to the fall of Phnom Penh on April 17, 1975, as well as the military structure, leadership and purges in the Southwest and North zones during the Democratic Kampuchea period.
3 October 2012: The third segment of the Case 002/1 trial begins today. This new section is about two major phases of forced population movements during the Democratic Kampuchea regime.
2 October 2012: Witness Khiev En continues his testimony in the first part of the Case 002 trial. The testimony is focused on the Ministry of Propaganda during the Democratic Kampuchea regime.
1 October 2012: Witness Khiev En testifies about Ministry of Propaganda policies, staff disappearances, leadership changes and the alleged reign of the defendant Nuon Chea over the Ministry during the final stages of the DK regime.
25 September 2012: Trial proceedings involving the accused Nuon Chea, Ieng Sary, and Khieu Samphan resumes. New witness Noem Sem takes the stand.
21 September 2012: Court holds two separate non-evidentiary hearings on the medical condition of defendant Ieng Sary, and later the testimony of expert witness Philip Short.
20 September 2012: The prosecution, civil party lawyers, and the three defense teams question new witness Chea Say.
16 September 2012:The President of the Supreme Court Chamber reviews the Trial Chamber’s order to release unconditionally Ieng Thirith and rules that she be released on provisional conditions.
14 September 2012: Co-Prosecutors appeal the Trial Chamber Decision’s to unconditionally release the Ieng Thirith. The Trial Chamber held that Ieng Thirith is currently unfit to stand trial for crimes against humanity alleged to have been committed during the period of Democratic Kampuchea.
6 September 2012: The testimony of witness Norng Sophang concludes with the cross-examination by defense teams for Nuon Chea and Ieng Sary. Debates over the investigative phase of Case 002 and whether counsel could raise questions arose.
5 September 2012: Defense teams begins cross-examination of witness Norng Sophang.
4 September 2012: The prosecution and civil party lawyers conclude questioning of witness Norng Sophang, whose testimony focuses on communication under the Khmer Rouge regime
3 September 2012: The prosecution continues to question witness Norng Sophang, whose testimony focuses on communication under the Khmer Rouge regime.
31 August 2012: Experts unanimously conclude that Ieng Thirith has dementia.
30 August 2012: Expert begins testimony on Ieng Thirith’s fitness to stand trial.
29 August 2012 Witness Norng Sophang begins testimony about communication under the Khmer Rouge regime.
28 August 2012 Defense teams for Nuon Chea and Ieng Sary conclude examination of civil party Em Oeun, while lawyers for Khieu Samphan begin their questioning.
27 August 2012: The prosecution concludes questioning civil party Em Oeun, and the Nuon Chea defense begins its examination. Em Oeun’s testimony has provided details about “political education” during the Khmer Rouge regime.
21 August 2012: Witness Sa Siek concludes her testimony and the prosecution begins questioning of witness Kim Vun, alias Chhoam.
16 August 2012: Witness Suong Sikoeun and Witness Sa Siek continue their testimonies.
15 August 2012: Witness Suong Sikoeun, an intellectual who returned to Cambodia from abroad during the Khmer Rouge period, continues testimony.
14 August 2012: Witness Ong Thong Hoeung concludes testimony. Ieng Sary watches the proceedings remotely due to health concerns.
8 August 2012: The ECCC hears continuing testimony from Witness Ong Thong Hoeung.
2 August 2012: Examination of witness Rochoem Ton concludes today in Case 002. With its conclusion, the prosecution commenced its examination of another witness, Suong Sikoeun.
1 August 2012: Witness Rochoem Ton is examined by the Defense teams for Ieng Sary and Khieu Samphan in Case 002.
31 July 2012: Trial Chamber Judge Jean-Marc Lavergne and the Defense teams for Nuon Chea and Ieng Sary examine witness Rochoem Ton in Case 002.
30 July 2012: The ECCC announces the appointment of Mark Harmon of the United States and Olivier Beauvallet of France as the new International Co-Investigating Judge and reserve International Co-Investigating Judge, respectively.
30 July 2012: The Prosecution continues its examination of witness Rochoem Ton, who is testifying about Ministry of Foreign Affairs matters, including disappearances.
25 July 2012: Cross-examination of expert witness David Chandler by Khieu Samphan’s Defense team concludes in Case 002. The ECCC begins new testimony from a new witness; Rochoem Ton, a former Khmer Rouge party member.
23 July 2012: Proceedings in Case 002 resume with the start of the Defense teams’ cross-examination of expert David Chandler. Nuon Chea’s Defense raises questions related to the current Cambodian People’s Party and Ieng Sary’s Defense inquires about Professor Chandler’s possible contacts with individuals at the ECCC.
19 July 2012: The second day of Professor David Chandler’s testimony commences in Case 002. Chandler is providing testimony on the history of the Khmer Rouge.
18 July 2012: Proceedings in Case 002 resume after a month-long recess, beginning with the testimony of expert witness David Chandler.
17 July 2012: The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia postpones trial hearings scheduled for Monday, 16 July 2012 and Tuesday, 17 July 2012. The hearings are to resume on Wednesday, 18 July 2012 at 9:00am with testimony from expert witness David Chandler.
12 July 2012: The Public Affairs Section and the Victims Support Section of the ECCC begins a campaign aimed at broadly disseminating copies of the Appeals Judgment in the case against Kaing Guek Eav (“Duch”), as well as copies of a compilation of statements of apology made by Duch during his trial. The first to receive the documents were three living survivors of the S-21 prison, Bou Meng, Chum Mey and Norng Chan Phal, as well as five of the Civil Parties who participated in the case.
9 July 2012: ECCC officials visit former Khmer Rouge stronghold Anlong Veng for the purpose of informing residents of the village about the work of the ECCC.
3 July 2012: The Trial Chamber refers the “misconduct” of two international Nuon Chea defense counsel to their respective bar associations, and warned that it may issue sanctions against or refuse to hear any member of the team who fails to desist from further objectionable behavior.
29 June 2012: Trial Chamber issues a decision holding that two members of the Nuon Chea defense team engaged in misconduct in violation of Article 21(3) of the ECCC Agreement and applicable Cambodian law requiring that lawyers “preserve for the judges, in independence and dignity, the respect due to their position.” The cited misconduct includes “wilful violation of court orders, unauthorized disclosure to the press of confidential or strictly confidential material, and statements in court which are disrespectful or which otherwise do not accord with the recognized standards and ethics of the legal profession.”
21 June 2012: Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) adjourns for a judicial recess in Case 002 until 16 July 2012. The next trial hearing will commence at 9 am on Monday 16 July, when the Trial Chamber is expected to start hearing testimony from Dr. David Chandler.
20 June 2012: Proceedings resume in Case 002 against accused Nuon Chea, Khieu Samphan, and Ieng Sary. Former Sambo Commune Chief Yun Kim began his second and last day of witness testimony, followed by the commencement of the reserve witness’s examination in the afternoon.
19 June 2012: Evidentiary hearings in Case 002 against accused Nuon Chea, Khieu Samphan, and Ieng Sary resume today after a holiday. Morning proceedings began with the calling of a new witness, Yun Kim, a former party district secretary under Democratic Kampuchea (DK).
14 June 2012: Evidentiary hearings resumes today with the continued testimony of former bodyguard of Pol Pot, Oeun Tan, in Case 002 against accused Nuon Chea, Khieu Samphan, and Ieng Sary.
13 June 2012: Witness Oeun Tan, former bodyguard of Pol Pot, begins testimony today in Case 002 against accused Nuon Chea, Khieu Samphan, and Ieng Sary.
12 June 2012: Testimony of Witness Sao Sarun concludes in Case 002.
7 June 2012: ECCC appoints Justice Steven J. Bwana of Tanzania to be an international reserve judge in the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia, replacing Judge Kathinka Lahuis.
5 June 2012: Sar Kim LaMouth finishes testimony in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan.
4 June 2012: ECCC resumes proceedings today with the third day of testimony of witness Sar Kim LaMouth in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan.
29 May 2012: Ny Kan continues to provide testimony in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan.
28 May 2012: Ny Kan, brother of Son Sen, testifies before the ECCC in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan.
23 May 2012: ECCC resumes proceedings by hearing testimony of Ieng Sary’s doctor, Lim Sivutha. In light of Dr. Lim’s testimony, which recommended continued rest for Ieng Sary, the Chamber agreed to postpone proceedings until Monday, 28 May 2012.
16 May 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. The Chamber resumed the questioning of witness, Pean Khean, whose 3 May testimony had been cut short due to illness.
16 May 2012: Judge Motoo Noguchi of the Supreme Court Chamber resigns.
3 May 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. Today’s scheduled witness, Pean Khean, who is believed to be a close acquaintance of Koy Thuon, was examined by the Prosecution for an hour before he fell too ill to continue. He will return to testify when the Court resumes hearing evidence on Thursday, 17 May.
2 May 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. Khieu Samphan’s defense team concluded the examination of Saloth Ban, who is both Pol Pot’s nephew and the former Secretary General for the Ministry of Foreign Affairs for Democratic Kampuchea, then the Chamber adjourned for an in camera (private) session to determine whether proposed Prosecution witness Pean Khean, a close acquaintance of Koy Thuon, risked self-incrimination if he testified before the Chamber. In the afternoon, the Prosecution was permitted to examine the witness, in the presence of his counsel.
2 May 2012: ECCC announces appointment of Mr. Isaac Endeley as the new Chief of the Defence Support Section. Mr. Endeley took up his post on 17 April 2012.
23 April 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. The day was devoted to the examination of prosecution witness Saloth Ban, who was Pol Pot’s nephew and the Secretary General for the Ministry of Foreign Affairs during the period of Democratic Kampuchea (DK).
19 April 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. The court dedicated the day to examining the prosecution’s witness, Saut Toeung, who served as Nuon Chea’s bodyguard and messenger during the Khmer Rouge regime.
18 April 2012: ECCC continues trial proceedings in Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan. Proceedings began with a statement by Nuon Chea, who denounced the accusations made against him by prosecution witness Kaing Guek Eav, alias Duch. The remainder of the morning was devoted to resolving whether the next witness – Nuon Chea’s former bodyguard and messenger – required special instructions and assistance to protect him against self-incrimination. Special counsel was arranged for the witness.
10 April 2012: The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia publishes the Appeal Judgment in Case 001, the case against Kaing Guek Eav (alias Duch). The judgment affirms Duch’s convictions for crimes against humanity and grave breaches of the Geneva Conventions of 1949, and increases the sentence against Duch from thirty-five years to life imprisonment based on a finding that the Trial Chamber gave undue weight to mitigating circumstances and insufficient weight to the gravity of the crimes and aggravating circumstances. The Supreme Court also reversed the Trial Chamber’s holding that Duch was entitled to a reduction in his sentence as compensation for the seven years of illegal detention he experienced in the Cambodian Military Court.
9 April 2012: The Supreme Court Chamber publishes the full reasons of the Appeal Judgment in Case 001 against Duch in English and Khmer.
9 April 2012: Cross-examination of Duch continues. The day is described by one Defense lawyer as long and combative. Duch testifies against Nuon Chea and his role at the S-21 prison and prior testimony between him and the Co-Investigating Judges is read and clarified. One of the Defense lawyers ended the day by questioning Duch’s credibility and truthfulness.
5 April 2012: Cross-examination of Duch continues. Duch is vague when asked to authenticate certain documents and Nuon Chea’s involvement with them.
4 April 2012: Cross-examination of Duch continues. Duch proves to be a difficult witness, often citing his right to remain silent and not self-incriminate as why he refuses to answer questions or clarify answers.
3 April 2012: In Case 002, the Chamber clarifies procedural questions relating to evidence and the judges question Duch on issues of clarification from previous testimony. After lunch, the president of the Chamber rules that all written records of interviews with Duch by the Co-Investigating Judges during Case 001 and 002 have been placed in the file and are considered put before the Chamber, regardless of whether the written records of these interviews have been discussed in court. The Defense then begins cross-examination of Duch.
30 March 2012: The Spokesperson for the Secretary-General to the ECCC releases a statement raising concerns about the resignation of Judge Kasper-Ansermet. The Secretary-General is concerned about the irregularities and violations of proper procedures that endanger and impede due process and the proper conduct of investigations in Cases 003 and 004. The Secretary-General has decided to initiate a process for the selection of a new International Co-Investigating Judge, and a new Reserve International Co-Investigating Judge, in accordance with the provisions of the UN/Cambodia Agreement.
29 March 2012: The Prosecution resumes questioning of Duch. He identifies documents that outline responsibilities of key CPK members, including Pol Pot, Nuon Chea, Ieng Sary, Khieu Samphan, Ieng Thirith, and others. The Chamber denies a second request from the prosecution requesting additional time to question Duch.
28 March 2012: International Reserve Co-Investigating Judge Laurent Kasper-Ansermet releases a press release disputing all allegations in the press release from 26 March 2012 from the National Co-Investigating Judge, You Buleng. Judge Kasper-Ansermet is also concerned that because Judge You publicly named one of the investigators in charge of several ongoing investigations and because the investigator’s identity was published in the Cambodia Daily on 27 March 2012, the investigator’s security will be put at risk. Judge Kasper-Ansermet has grave concerns about the lack of security and questions whether the Cambodian government is complying with Article 24 of the Agreement between the United Nations and the Royal Government of Cambodia, which requires the latter to “take all effective and adequate actions which may be required to ensure the security, safety and protection of persons referred to in the present agreement…”
28 March 2012: The Prosecution resumes questioning of Duch about S-21. The Chamber grants the prosecution’s request for extended questioning time through Thursday 29 March.
27 March 2012: Australia announces a pledge of 1.61 million AUD (approximately 1.73 million USD) to the ECCC. 1 million will go to the international component and .61 will go to the national component. Australia has provided a total of 18.3 AUD to date to the ECCC.
27 March 2012: Case 002 continues with the continued testimony of Duch. Duch identifies several documents pertaining to the S-21 prison, including lists of prisoners, and testifies to the methods of torture used during interrogations at S-21. Duch also testifies about the membership of the CPK Central Committee. The defense unsuccessfully objects on several occasions, saying that the prosecution is treating Duch like an expert witness and is asking leading questions.
26 March 2012: The Trial Chamber resumes hearing testimony in Case 002 from Duch. The Prosecution concludes questioning regarding CPK ideology, activities, and membership criteria.
26 March 2012: Defense counsel for Nuon Chea makes a statement expressing concerns for Case 002 similar to those raised in the report of the International Reserve Co-Investigating Judge, Laurent Kasper-Ansermet. He states that he has very little confidence left in the Court as an institution, suspects that political interference has already adversely affected Case 002, and subsequently files a motion requesting an investigation.
26 March 2012: The Office of the National Co-Investigating Judge You Buleng issues a press release addressing the circumstances surrounding the resignation of Judge Kasper-Ansermet. He reiterates the position that Judge Kasper-Ansmet has no legal authority or standing to conduct activities relating to the office as he is not recognized by the national side. He rejects the accusation that his office has been involved in obstruction of justice and calls the allegation “a total exaggeration.” He welcomes Judge Kasper-Ansermet’s resignation and believes it shows that he is “taking responsibility for his professional as well as his procedural misconduct thus far.”
21 March 2012: International Reserve Co-Investigating Judge Laurent Kasper-Ansermet issues a 14-page report detailing the conflict between his office and that of his national counterpart since his appointment in November 2011. The document cites “egregious dysfunctions within the ECCC” that he believes impede due process of law, particularly with respect to the investigations of Cases 003 and 004.
21 March 2012: Case 002 continues in the Trial Chamber. Defense Counsel for Nuon Chea complains about the manner in which medical staff evaluated his client the previous day and states that the team should determine a way to assess Nuon Chea’s cognitive ability to participate in the trial if a similar situation arises in the future. Civil Party Representative expresses concern about the potential for undue delay from Nuon Chea’s repeated claims of ill-health. The rest of the day is dedicated to the Prosecution’s continued questioning of Duch. The Chamber asks the Prosecution to limit the scope of questioning in the interest of time.
19 March 2012: Case 002 continues with testimony from Duch, the convicted accused in Case 001. The prosecution resumes questioning regarding torture and killings that took place at the S-21 prison, CPK ideology, and his relationship with accused Nuon Chea. Midway through the afternoon’s proceedings, Nuon Chea retires to the holding cell complaining of extreme fatigue but does not waive his right to be present at trial. The Court is therefore adjourned for the day following his departure.
19 March 2012: The International Reserve Co-Investigating Judge Laurent Kasper-Ansermet issues a press release announcing that he has tendered his resignation effective 4 May 2012 because he feels that the present circumstances “nolonger allow him to properly and freely perform his duties.”Kasper-Ansermet accuses National Co-InvestigatingJudge You Bunleng of creating a “dysfunctional situation within the ECCC” and promises to publish a full description of the situation at a later date. He also announces that he has opened an internal investigationfor interference with the administration of justice under ECCC Internal Rule 35.
19 March 2012: The Trial Chamber continues proceedings in Case 002 with the much anticipated testimony ofKaing Guek Eav, alias Duch. The Chamber allows Nuon Chea to make a statement prior to hearing the testimony, during which the accused alleges that the scope of evidence in Case 002 is too limited and requests that the Chamber consider factors prior to 1975 (such as U.S. and Vietnamese involvement in the region) that rendered Cambodia “already [destroyed]” when the Khmer Rouge took power. After deliberations, the Chamber refuses to expand the scope of its investigation and reprimands Nuon Chea's counsel for misleading the Chamber as to the relevance of his client’s statement and effectively altering the course of the trial for the day. The remainder of the afternoon is dedicated to the Prosecution's preliminary examination of Duch.
15 March 2012: TheTrial Chamber continues proceedings in Case 002. Defense counsel for all three defendants conclude arguments related to evidentiary issues. All argue that evidence that was previously admitted in Case 001 should not be allowed in Case 002. Defense counsel for Nuon Chea then raises concerns about the fitness of the accused to participate fully during next week’s scheduled testimony by Duch, and Judge Cartwright adjusts the schedule to accommodate his medical needs. In the afternoon, the court hears arguments by both sides as to whether witness Professor Kiernan, a Khmer Rouge expert, should be allowed to testify via video-link or should be required to testify in person.
14 March 2012: Case 002 continues with the responses by the prosecution to the defense objections to submitted documents. After the afternoon break, the floor was given to the civil parties to voice their response to the defense objections to documents.
13 March 2012: Case 002 continues and is dedicated to the continuation of debates from the previous day on the proper role and admissibility of certain pieces of documentary evidence proposed by the parties.
12 March 2012: Case 002 resumes proceedings. The rest of the week will focus on oral objections to documents put before the Chamber by the parties for the second portion of Case 002 related to the Khmer Rouge hierarchy and administrative structures. Ieng Sary, who is customarily allowed to retire early, is not allowed to leave upon first request today because the day’s proceedings are dedicated to reading out the allegations against the accused for the second section of the Case 002 proceedings. Ieng Sary and Nuon Chea are allowed to retire for the afternoon session. At the end of the day, the Chamber President informs the defense that it would not entertain written submissions on objections to documents because the defense had not used its time during the day’s proceedings to argue its position fully.
9 March 2012: The budget for the ECCC for 2012 and 2013 is released. The budget amounts to $89.6 million in total, of which $45.7 million is for 2012, and $43.9 million is for 2013. The budget is approved given that the following two conditions are met: a) activities under the budget related to Legacy and Residual Issues should be deferred until sufficient funding for both the international and national components has been secured; and b) the staffing requirements of the Office of the National Co-Investigating Judge be reconsidered should the funding budgeted be insufficient for the office to properly implement its activities.
04 March 2012: Voice of America Khmerissues a press release reporting that Im Chaem, a former mid-level Khmer Rouge official, was recently notified of her alleged crimes and told to prepare forfuture indictment. In a phone interview, Chaem said that she was visitedin herhome by the international investigation team, who read anotificationorder informing her that she is a suspect in Case 004 and advised her to seek legal counsel.
29 February 2012: International Co-Investigating Judge Kasper-Ansermet rules that Rob Hamil, whosebrother Kerry wastortured and killed by the Khmer Rouge in 1978,can be the firstindividual to begiven Civil Party status in Case 003. The Cambodian side is nonetheless blocking Hamil's access to the case file on the grounds that Judge Kasper-Ansermet's appointment has not been officially approved.
28 February 2012: Radio Free Asia issues a press release reporting that the Court has received significant pledges of funds following a meeting with international donor states in New York last week. A court spokesperson announced that national staffwho have not been paid since October2011should be receiving back pay within the next few weeks.
27 February 2012: The International Bar Association publishes a report entitled “The ECCC: A Failure in Credibility.” The report expresses concern over the Cambodian government’s unwillingness to formally appoint Mr. Kasper-Ansermet and say that doing so will go a long way toward reinstating international faith in the Court and would “go some way to tackling the actual and perceived institutional legitimacy problems that threaten the future of the ECCC.”
23 February 2012: The Open Society Justice Initiative court monitor issues areport stating that the ongoing conflict surrounding the appointment of the International Co-Investigating Judge Kasper-Ansermet poses a serious threat to the future work of the Court. The report calls for the UN and international donor countries to publicly insist that the Government of Cambodia endorse the appointment.
21 February 2012: The ECCC enters into an agreement with several local newspapers in Cambodia to help compile and print several statements of apology from Duch, who was convicted in Case 001. The first parts will be printed on February 21 and the rest of the compilations will be printed in the days after. The Victims Support Section and Public Affairs Section of the ECCC will distribute copies of the compilation, as well as audio and video versions. The apology will be broadcast for villagers in the provinces of Cambodia during the ECCC’s Outreach activities. This effort will begin February 22, in Kampong Thom province, where Duch was born.
20 February 2012: The ECCC is embarking on a national campaign to raise awareness of the reparations it offers victims of the Khmer Rouge. The Court has put together a document that includes a confession and apology made by Kaing Guek Eav, a.k.a. Duch, the first of the accused to be convicted since its inception. 10,000 copies of the 27 page document will be distributed locally and abroad. The document is also available to the public online.
17 February 2012: Deutsche Presse-Agentur issues a press release reporting that ECCC officials will travel to New York this week to request a donation of USD 89 million in funding for the next two years from a multinational committee. According to the report, 318 Cambodian nationals working at the court have not been paid since October 2011.
16 February 2012: The Trial Chamber continues to hear evidence in Case 002. In addition, the accused Nuon Chea raises a number of objections. First, he states he has difficulty reading the documents because of his advanced age and insists that he be provided with original copies and that the Chamber verify the authenticity of documents provided by the Documentation Center of Cambodia. He also accuses the Office of the Co-Investigating Judges of being biased against him, and objects to the evidence presented thus far on that grounds that it paints an “incomplete version of history.” Defense counsel for Nuon Chea also outlines a list of documents to which they object and requests the testimony of Henry Kissinger. Defense counsel for the accused Ieng Sary then objects to the admission of several categories of evidence; including timelines, telegrams, testimony from Case 001, witness testimony, video evidence, copies of documents, and a number of documents they suspect could have translation errors. Defense Counsel for Khieu Samphan also challenges specific documents and argues that the process of collection of documents is biased against the accused. In the afternoon, the Prosecution and Civil Parties were given an opportunity to respond to the challenges raised by the Defense.
15 February 2012: The Trial Chamber continues to hear evidence in Case 002. Civil Parties highlight documents in open court regarding the accused Khieu Samphan, including ECCC transcripts, the accused’s doctoral thesis, a television interview, and survivor statements. Counsel for the Civil Parties submits these documents to show that the accused had a demonstrated association with the Khmer Rouge movement and was instrumental in starting the armed insurrection against the Lon Nol government.
14 February 2012: Document submission continues in Case 002, focusing mainly on Ieng Sary and his involvement in the CPK.
13 February 2012: Document submission continues in Case 002, focusing on specific dates leading up to the capture of Phnom Penh by the Khmer Rouge on 17 April 1975. International Reserve Judge Claudia Fenz sits in for the absent Judge Cartwright due to unspecified health concerns.
10 February 2012: The Cambodian Co-Investigating Judge, You Bunleng, issues a press release disavowing his knowledge of Mr. Kasper-Ansermet’s press release the day before, saying Mr. Kasper-Ansermet had released it at the very end of the day without his knowledge. Mr. You says that Mr. Kasper-Ansermet’s press release was intended to confuse public opinion and reflected his lack of knowledge of and respect for the rules and procedures governing the ECCC.
9 February 2012: The International Reserve Co-Investigating Judge, Laurent Kasper-Ansermet, puts out a press release asserting his authority to undertake functions regardless of the Supreme Council of the Magistracy’s rejection of his appointment as standing Co-Investigating Judge. He also tells of his application seeking the disqualification of Mr Prak Kimsan, President of the Pre-Trial Chamber, from any proceedings related to Case 003 and Case 004 because of concerns about his lack of impartiality. Finally, Mr. Kasper-Ansermet announces that he intends to issue an Order on Resuming the Judicial Investigation on Case 003.
9 February 2012: In Case 002, the Trial Chamber receives documents related to the historical background of Democratic Kampuchea period.
8 February 2012: Trial Chamber in Case 002 concludes examination of defendant Nuon Chea, questioning him about currency and the acquisition of weapons during the Khmer Rouge regime.
6 February 2012: Mr. Chhang, DC-Cam Director, finishes his testimony in Case 002. There is still a dispute over the authenticity of the documents. Mr. Chhang testifies that it would have been very difficult to falsify the documents of the Communist Party of Kampuchea that have been entered into evidence against the defendants. The court will resume hearing evidence on February 8.
3 February 2012: The Supreme Court Chamber issues a judgment on the appeal of Guek Eav Kaing, alias Duch, former Chairman of the Khmer Rouge S-21 Security Center in Phnom Penh, in Case 001 and sentences him to life in prison for crimes against humanity and grave breaches of the 1949 Geneva Conventions.
2 February 2012: Defense cross-examines Mr. Chhang. Chamber President Nil Nonn announces that the Chamber will orally issue its decision on Nuan Chea’s application requesting the Chamber condemn public statements made by Prime Minister Hun Sen regarding the guilt of Nuon Chea, noting the rights of the accused to the presumption of innocence in the Cambodian Constitution. He states that the Chamber will not consider any statements by individuals when assessing the guilt or innocence of any accused.
1 February 2012: The Trial Chamber hears testimony in Case 002 of Youk Chhang, DC-Cam Director.
30 January 2012: 31 January 2012: The Trial Chamber resumes hearing evidence in Case 002. Witness Prak Yut concludes her testimony, and examination of accused Nuon Chea continues regarding the historical background of the Democratic Kampuchea (DK) period.
25 January 2012: 26 January 2012: Trial Chamber hears substantive evidence testimony of witness Prat Yuk in Case 002.
24 January 2012: Deputy Prime Minister His Excellency Sok An meets with Ambassador David Scheffer, the UN Secretary-General’s Special Expert on the UN Assistance of the Khmer Rouge Trials, to discuss the cooperation between the UN and the Royal Government of Cambodia in the efforts of the ECCC. They issue a joint statement describing the meeting as “frank and constructive” and expressing optimism that the Court can achieve its mandate.
23 January 2012: 25 January 2012: The Trial Chamber continues the hearing on evidentiary issues in Case 002. The proceedings were dedicated to hearing evidence from Peoudara Vanthan, the Deputy Director of the Documentation Center of Cambodia (DC-Cam), a research organization that has provided the bulk of the documentary evidence to the ECCC.
16 January 2012: 19 January 2012: The Trial Chamber resumes proceedings in Case 002 and conducts a hearing on evidentiary issues. The hearing was prompted by Nuon Chea’s refusal to respond to questions based on copies of Khmer Rouge publications (as opposed to originals) and focused on the admissibility of documents and other proposed sources of evidence.
12 January 2012: The Trial Chamber continues to hear evidence in Case 002. The prosecution continues questioning of Nuon Chea during the morning session. Nuon Chea and Ieng Sary are again excused for the afternoon session. Although testimony from accused Khieu Samphan is scheduled for the afternoon session, the accused advises the Chamber that he will not answer any questions on the historical background of the Khmer Rouge movement because he has already stated his position on the topic on 13 December 2011 and has nothing more to add.
11 January 2012: The Trial Chamber continues to hear evidence in Case 002. The prosecution continues questioning of accused Nuon Chea. After morning testimony, both Nuon Chea and Ieng Sary request to be excused from the courtroom for the afternoon session due to ill health, a trend that will continue through the session. In the afternoon, testimony resumes by civil party Klan Fit.
10 January 2012: The Trial Chamber resumes hearing of evidence in Case 002 against Khieu Samphan, Nuon Chea, and Ieng Sary. The Trial Chamber heard testimony of accused Nuon Chea and civil parties Romam Yun and Klan Fit. Midway through the day, Ieng Sary left the courtroom to be examined by medical staff and formally waived his right to be present during proceedings.
9 January 2012: The National Co-Investigating Judge issues a press release expressing deep disappointment at the working manner of the Reserve International Co-Investigating Judge Kasper-Ansermet, calling him an “Outreach Officer rather than a Judicial one.” He notes that the Reserve International Co-Investigating Judge issued his press release on a national holiday, which he believes to reflect an intention to conceal it from the national side.
9 January 2012: The International Reserve Co-Investigating Judge Kasper-Ansermet issues a press release re-emphasizing his commitment to keeping the public informed about major developments in Case Files 003 and 004. He recognizes that Rule 56 of the ECCC Internal Rules requires public release of case-related information to be jointly authorized by the Co-Investigating Judges. He expresses his regret that the National Co-Investigating Judge does not agree to release information submitted in December.
4 January 2012: The Press Officer issues a press release announcing that the Court has surpassed the milestone of receiving more than 100,000 visitors since the commencement of its first trial in February 2009. As of 31 December 2011, 111,543 persons have visited the Court. The number includes visitors to public hearings and participants in the ECCC Study Tour Programme, a one-day educational program for Cambodians that includes a visit to the Court.
15 December 2011: Case 002 ends hearings for the year with debates over evidence delaying testimony.
13 December 2011: The Supreme Court Chamber sets aside the Trial Chamber’s order to release Ieng Thirith from detention, saying that the Trial Chamber must exhaust all available measures of helping Thirith become fit to stand trial. They also direct the Trial Chamber to request addition treatment to help improve her mental health until she is well enough to stand trial.
9 December 2011: Case 002 postpones its evidentiary hearings due to the ill health of prosecution witness Long Norin.
6 December 2011: The schedule of Case 002 changes due to Nuon Chea’s failing health. He testifies during the morning, and in the afternoon the civil parties begin their testimony.
6 December 2011: The National Co-Investigating Judge meets with the reserve International Co-Investigating Judge Laurent Kasper-Ansermet to inform Judge Kasper-Ansermet that he must wait for an official appointment before he begins his duties, and that therefore any procedural action he takes is not legally valid. Judge Kasper-Ansermet assumes his office in Phnom Penh.
5 December 2011: Case 002 reconvenes and begins the evidentiary phase of the trial. Nuon Chea resumes testimony.
15 November 2011: Theary Seng, a prominent survivor of Cambodia’s Khmer Rouge regime, withdraws her civil party application to participate in Cases 003 and 004. Seng says she has lost confidence in the country’s United Nations-backed war crimes tribunal, stating that it has turned into a political circus. Her withdrawal comes after months of damaging allegations of political interference, possible judicial misconduct, and violations of victims’ rights by some tribunal staff.
28 October 2011: The ECCC Victims Support Section (VSS) holds its 10th Regional Forum for the 300 Civil Parties recently admitted in Case 002. The purpose of the Regional Forum is to promote victims’ participation by providing a safe venue for dialogue for Civil Parties from the provinces. The 300 Civil Parties who participated in this regional forum are part of the group of 1,745 Civil Parties admitted by the Pre-Trial Chamber from 24 June 2011 onwards. The total number of Civil Parties in Case 002 is currently 3,867 people.
27 October 2011: ECCC International Co-Prosecutor Andrew Cayley retracts his Public Statement of 9 May 2011.Cayley’s previous statement included a summary of the crimes that are required to be investigated in Case 003 and the view that those crimes had not been fully investigated. While Cayley appealed the Co-Investigating Judges’ Retraction Order of 18 May 2011, and the Pre-Trial Chamber Judges unanimously found that the Co-Investigating Judges were entitled to issue the Order, they were unable to reach an affirmative decision on the merit of the Appeal.
26 October 2011: The ECCC Office of the Co-Investigating Judges releases a statement in response to media allegations that the Co-Investigating Judges backdated and secretly modified documents placed in Case File 003. The statement denies all allegations and states that the Co-Investigating Judges will make publicly available documents relating to the matter.
26 October 2011: The ECCC Trial Chamber announces that the opening statements in Case 002 against Khieu Samphan, Nuon Chea, Ieng Sary, and Ieng Thirith will commence on Monday 21 November 2011.
24 October 2011: The Defense team of Nuon Chea, one of the accused in Case 002, files a lawsuit against Cambodian Prime Minister Hun Sen in Phnom Penh Municipal Court, alleging that the Prime Minister and other top government officials had unlawfully tried to block certain witnesses from testifying and sought to prevent further cases from going to court.
20 October 2011: United Nations Under-Secretary General for Legal Affairs Patricia O’Brien issues an official statement “urg[ing] the Royal Government of Cambodia to refrain from statements opposing the progress of Cases 003 and 004 and to refrain from interfering in any way whatsoever with the judicial process.” The statement was released following a meeting between O’Brien and Cambodia’s Deputy Prime Minister Sok An on recent developments at the ECCC.
10-20 October 2011: The ECCC Trial Chamber holds a hearing on the subject of Ieng Thirith’s fitness to stand trial. Two experts testified on behalf of the team of four psychological experts appointed by the Chamber to evaluate Ieng’s condition. In sum, the conclusion drawn by the experts was that Ieng Thirith lacks sufficient mental capabilities to proceed to trial at this point in time, and that potential treatment options are “unlikely” to render Ieng Thirith fit at any time in the future.
19 October 2011: The ECCC Trial Chamber holds a hearing to discuss initial reparations requests from Civil Parties in Case 002. To date, the Civil Parties have submitted four categories of reparations requests: remembrance and memorialization requests; rehabilitation and health services; documentation and education; and other projects, including the creation of a historical book that commemorates victims with a registry, publication of the names of Civil Parties in the Case 002 Judgment, and activities aimed at assisting specific victim groups, such as Cham Muslims or Vietnamese-Cambodians forcibly deported from Cambodia by the Khmer Rouge.
18 October 2011: Opening statements in the trial of Case 002 will start on Monday, 21 October. The hearing on Monday will commence with reading the charges of the accused. The Trial Chamber has recently separated proceedings in Case 002 into a series of smaller trials, but the first trial will provide a general foundation for all allegations against the accused. After the opening statements, the hearing of evidence will commence on Monday, 28 November. Proceedings before the Trial Chamber will be conducted in public to the maximum extent possible.
14 October 2011: The ECCC schedules two initial hearings on the 19th and 20th of October examining Civil Party Claims for reparations and Ieng Thirith’s fitness to stand trial.
12 October 2011: You Bunleng, the National Co-Investigating Judge, makes a statement regarding the resignation of the International Co-Investigating Judge. In the statement, You says the judges have been taking judicial investigation acts in the Cases 003 and 004, particularly performing the witness interviews and conducting some crime-site identifications. He further states that these judicial investigation acts have been conducted by the Office of the Co-Investigation judgesindependently without any obstacle. He reaffirms that he will continue to fulfill the works of the Office of the Co-Investigating Judges independently and in compliance with the principles stipulated in the law and the ECCC Internal Rules, and he is resolved to resist any attempt to interfere with his work.
9 October 2011: International Co-Investigating Judge Siegfried Blunk submits his resignation to the United Nations Secretary General effective 9 October 2011. He cites repeated statements by Cambodian government officials that will be perceived as interference in Cases 003 and 004, that could call into question his ability to perform his duties independently, and this would also call in doubt the integrity of the whole proceedings in Cases 003 and 004.
7 October 2011: Co-Prosecutors Chea Leang and Andrew T. Cayley release a statement concerning the integrity of the ECCC and its organs. The Co-Prosecutors’ Office reaffirms its commitment to perform its functions according to the dictates of conscience and probity and to uphold the rule of law.
16 September 2011: King Norodom Sihamoni re-assigns Cambodian judges in the Trial Chamber and Supreme Court Chamber as follows: Judge You Ottara has been appointed as regular judge of the Trial Chamber, replacing Judge Thou Mony, who has been appointed as reserve judge of the Trial Chamber. Judge Mong Monichariya has been appointed as regular judge of the Supreme Court Chamber, replacing Judge Sin Rith who has been appointed as reserve judge of the Supreme Court Chamber. These changes were made at the request of the President of the Trial Chamber and the Supreme Court Chamber in the ECCC and were approved by the Supreme Council of Magistracy.
22 September 2011: The ECCC Trial Chamber orders the severance of proceedings in Case 002. The case will be divided into smaller trials and adjudicated separately. The Trial Chamber also announced that the subject of the first trial will concern principally the forced movement of population and the related charges of crimes against humanity.
9 September 2011: Former Khmer Rouge Social Action Minister Ieng Thirith is set to undergo a medical examination in order to evaluate her physical ability to testify in her own defense. A geriatrician who examined Ieng last month claimed that she suffers from Alzheimer’s disease. Ieng Thirith has been indicted for charges, including, genocide and crimes against humanity, for her part in the estimated deaths of 1.7 million people during the Khmer Rouge regime.
3 August 2011: The Tenth Plenary Session of the Extraordinary Chambers in the Courts of Cambodia, which commenced on 1 August 2011, concludes today. The Plenary adopted several proposed amendments to the court’s Internal Rules to promote efficient trial management and more expeditious trial proceedings, including an amendment relating to the timing of decisions of the Supreme Court taken on interlocutory appeal, as well as modifications to the Practice Directions concerning the filing of documents.
28 July 2011: Mr. Chung Chang-ho of the Republic of Korea is appointed as the new international judge to serve on the Pre-Trial Chamber of the ECCC. Mr. Chung is replacing Judge Catherine Marchi-Uhel who has returned to her post at the ICTY. The appointment is effective from 1 August 2011.
27 July 2011: In an interview with VOA Khmer, International Co-Investigating Judge Siegfried Blunk states that Case 002, involving the trial of four of the remaining top leaders of the Khmer Rouge, should take two years to complete. The judge also stated that Cases 003 and 004 have not been dismissed, and that the Co-Investigating Judges still have “a number of steps” to conclude before issuing their Closing Order in either case.
22 July 2011: The Government of New Zealand confirms a pledge of NZD$ 100,000 (approximately US$ 80,000) to the international component of the ECCC, bringing New Zealand’s total contribution to the ECCC to NZD$ 900,000.
4 July 2011: Defense lawyers for Ieng Thirith, who served as Minister of Social Action during the Khmer Rouge regime and who is one of four suspects being tried in Case 002 before the ECCC, request that their client be excused from attending trial due to her advanced age and ill-health. A tribunal spokesperson stated that the court would determine whether Ieng Thirith is fit to stand trial before the proceedings commence later this year.
30 June 2001: The final day of initial hearings is held in Case 002, with the parties discussing the provisional list of witnesses, civil parties, and experts who will be called to testify during the trial. The trial is expected to commence in September 2011.
29 June 2001: The third day of initial hearings is held in Case 002. Although all for accused initially appeared, Nuon Chea and Iegn Thirith quickly waived their right to be present and left the courtroom for the day. The proceedings involved presentations from the parties regarding Ieng Sary’s challenges to the charges against him based on the Cambodian statute of limitations, and the civil parties views on appropriate reparations.
28 June 2011: The second day of initial hearings is held in Case 002. All four accused appeared in court, including Nuon Chea, who had left the courtroom the day before vowing not to return until the Trial Chamber addressed his objections regarding the fairness of the investigation in the case and the Chamber’s decision to exclude witnesses from his proposed list of 300 witnesses. However, Nuon Chea quickly left the courtroom after determining that none of the issues on the agenda for the day related to his case. Ieng Sary and Ieng Thirith also later left the courtroom due to health reasons. Per the agenda, the parties continued to debate Ieng Sary’s ne bis in idem challenge, as well as his challenge based on a 1996 Royal Amnesty and Pardon. The Chamber also began to hear the parties on the subject of Ieng Sary’s claim that domestic Cambodian statutes of limitations apply to grave breaches of the Geneva Conventions.
27 June 2011: A week of initial hearings commences in Case 002. Most of the day was taken up by Ieng Sary’s ne bis in idem challenge and discussion regarding whether the accused would be required to attend trial, given their advanced age and poor health. On the latter issue, the Chamber held that each accused should attend trial each day, but then could request to be excused for health reasons. Ieng Thirith and Ieng Sary were both excused during the course of the first hearing for health reasons. Nuon Chea also left the hearing, stating that he would not return to court until the Trial Chamber had addressed his objections to the manner in which the investigation against him was carried out and the fact that he was not being permitted to challenge exclusions to his requested list of 300 witnesses.
23 June 2011: The Pre-Trial Chamber of the ECCC grants appeals submitted from 1,728 civil party applicants in Case 002 and grants them status as civil parties in the case. The Pre-Trial Chamber determined, inter alia, that the Co-Investigating Judges had erred in requiring that the applicants demonstrate a causal link to the facts under investigation, as opposed to the alleged crimes. The Chamber also determined that the Co-Investigating Judges had been too restrictive in evaluating whether applicants suffered from psychological injury, in particular by failing to take into account the context of mass atrocities in which the applicants’ victimization occurred. Following the decision, there are now 3,850 civil parties in Case 002.
17 June 2011: The Co-Prosecutors file a submission with the Trial Chamber in Case 002 requesting that the Chamber recognize the so-called “extended form” of joint criminal enterprise liability (“JCE III”) as an alternative mode of liability in the case. The Co-Investigating Judges declined to include JCE III liability in the Closing Order in Case 002, a decision that was upheld on appeal by the Pre-Trial Chamber.
16 June 2011: The Co-Investigating Judges release a statement indicating that they have “credible information” that confidential information relating to Case 003 had “been divulged by a disloyal staff member of the ECCC” and giving “warning… that anyone publishing information from this confidential document is liable to be subjected to proceedings for Interference with the Administration of Justice pursuant to Internal Rule 35.”
15 June 2011: The International Co-Prosecutor, Andrew Cayley, issues a statement explaining that he resubmitted three investigative requests and a request for an extension of the deadline for filing Civil Party Applications in Case 003 to the Office of the Co-Investigating Judges on 10 June 2011 in response to “the Co-Investigating Judges’ holding that the Internal Rules leave no room for solitary action.” Nevertheless, Mr. Cayley stated that he is still moving forward with the appeal of the Co-Investigating Judges’ decision of 7 June 2011 rejecting his three investigative requests and his request to extend the deadline for the filing of Civil Party applications in Case 003.
10 June 2011: The International Co-Prosecutor, Andrew Cayley, files a Notice of Appeal with the Pre-Trial Chamber against the Co-Investigating Judges’ decision of 7 June 2011 rejecting Mr. Cayley’s three investigative requests and his request to extend the deadline for the filing of Civil Party applications in Case 003.
10 June 2011: The International Co-Prosecutor, Andrew Cayley, resubmits three investigative requests and a request for an extension of the deadline for filing Civil Party Applications in Case 003 to the Office of the Co-Investigating Judges. The resubmissions record four Disagreements between the Co-Prosecutors, pursuant to Rule 71(1) of the Internal Rules of the ECCC, which provides: “In the event of disagreement between the Co-Prosecutors, either or both of them may record the exact nature of their disagreement in a signed, dated document which shall be placed in a register of disagreements kept by the Greffier of the Co-Prosecutors.”
7 June 2011: The Co-Investigating Judges of the ECCC issue a decision rejecting three investigative requests filed by the International Co-Prosecutor in relation to Case 003, as well as a request submitted by the International Co-Prosecutor for an extension of the deadline for filing Civil Party Applications in Case 003. According to the decision, the ECCC’s Internal Rules do not allow for either of the Co-Prosecutors to undertake “solitary action,” unless a “delegation of power has taken place” pursuant to Rule 13(3) or a disagreement between the Co-Prosecutors has been recorded pursuant to Rule 71(1).
3 June 2011: The Australian Government confirms a new donation of approximately US$2.1 million in funding support for the ECCC.
30 May 2011: The Co-Investigating Judges issue a statement acknowledging that, as of 18 May 2011, the Victims Support Section had received 318 Civil Party Applications for Case 003, and stating that they would decide on the admissibility of the applications “at the latest by the time [of] the issuance of the Closing Order” in Case 003. The Co-Investigating Judges also stated that they would rule on the request from the International Co-Prosecutor to extend the deadline for filing Civil Party applications for Case 003 “shortly.
27 May 2011: The International Co-Prosecutor files an appeal with the Pre-Trial Chamber against the order of the Co-Investigating Judges entitled “Order on International Co-Prosecutor’s Public Statement Regarding Case File 003.”
26 May 2011: The Co-Investigating Judges issue a statement responding to what they describe as “misrepresentations” in a 25 May 2011 article entitled “Cambodia’s troubled tribunal,” which was published in the International Justice Tribune. Specifically, the Co-Investigating Judges stated that they had never threatened the International Co-Prosecutor with contempt of court, as reported in the article, and took issue with the article’s findings that the ECCC was heading for “an irreparable crash” and was “in danger of collapse.”
20 May 2011: The Trial Chamber announces that the initial hearing in Case 002 will commence on Monday 27 June 2011 and continue on Tuesday, Wednesday and Thursday 28-30 June 2011, as necessary. Case 002 involves charges against four suspects: former Head of State, Mr. Khieu Samphan; former Deputy Prime Minister in Charge of Foreign Affairs, Mr. Ieng Sary; former Deputy Secretary of the Communist Party of Kampuchea, Mr. Nuon Chea; and former Minister of Social Affairs, Mrs. Ieng Thirith.
19 May 2011: The Victims Support Section holds its Fifth Regional Forum for 300 Civil Parties in Case 002, from Paillin, Banteay Meanchey, Kampong Thom, Kampong Cham, Kampong Speu, and Siem Reap Provinces. The purpose of the Forum is to allow victims to meet lawyers representing Civil Parties in Case 002 and other officials from the ECCC, to learn about their rights and discuss ideas regarding collective reparations, and to meet Civil Parties from Case 001 to hear about their experiences for purposes of determining how Civil Parties might be better involved in Case 002.
18 May 2011: The Co-Investigating Judges issue a statement responding to the Press Release entitled “Statement by the International Co-Prosecutor Regarding Case File 003,” dated 9 May 2011. According to the Co-Investigating Judges, the International Co-Prosecutor “lacked legal basis” for making certain information about Case 003 public and “violated the Rule of Confidentiality.” Accordingly, the Co-Investigating Judges have issued “a reasoned Order whereby the International Co-Prosecutor have been ordered to retract the parts of the statements containing this information within three working days.”
18 May 2011: The ECCC’s Defence Support Section (DSS) issues a press statement to “inform all of those who are concerned that they may be subject to investigations before the ECCC that they are entitled to the following fair trial rights under ECCC law, the Constitution of the Kingdom of Cambodia and the International Covenant on Civil and Political Rights,” including the right to be presumed innocent, the right to remain silent, and the right to counsel of one’s own choosing.
10 May 2011: The National Co-Prosecutor, Chea Leang, issues a statement regarding Case 003, saying that “[i]n view of the first preliminary investigation by the International Co-Prosecutor and the latest investigation leading to the closure of investigation by the Co-Investigating Judges, the National Co-Prosecutor thoroughly examined and maintained that the suspects mentioned the Case File 003 were not either senior leaders or those who were most responsible during the period of Democratic Kampuchea,” meaning the suspects do not fall within the jurisdiction of the ECCC. Further, she states that “priorities should be given to the prosecution of the Accused in the custody of the ECCC Detention Facility.”
9 May 2011: The International Co-Prosecutor, Andrew Cayley, issues a statement “to ensure that the public is duly informed about ongoing ECCC proceedings, and in particular with regard to the International Co-Prosecutor’s Introductory Submission in Case File 003.” Specifically, the statement provides information regarding the crimes alleged in the Case 003 Introductory Submission, including several “new crime sites and criminal episodes” that are not covered by Case 002. The statement also announces that although Mr. Cayley received notification from the Co-Investigating Judges on 29 April 2011 that the judges consider the investigation in Case 003 to be concluded, based on his review of the Case File, Mr. Cayley has decided to request “further investigative actions regarding the alleged crimes.” In addition, given that the crime sites under investigation in Case 003 had not previously been made public, Mr. Cayley states that he will request the Co-Investigating Judges to extend the deadline for Civil Party Applications by six weeks. Finally, the statement calls upon individuals with information regarding the crimes under investigation in Case 003 to submit complaints or information either to the Victims Support Section or to the Office of the Co-Prosecutors.
29 April 2011: The Co-Investigating Judges announce that they have concluded the investigations in Case 003 and have notified the parties according to Rule 66.1 of the ECCC Rules of Procedure and Evidence.
21 April 2011: The Government of Norway announces a new contribution of NOK 6,000,000 (approximately US$ 1.1 million) to the international component of the ECCC.
11 April 2011: The United Kingdom contributes one million pounds to the international component of the ECCC. The United Kingdom has been one of the ECCC's chief financial supporters, and has contributed a total of US $5.7 million to the Chamber's operation.
11 April 2011: The Pre-Trial Chamber finds that Ieng Sary's 1979 trial and conviction in absentia does not prevent him from being tried before the ECCC as a defendant in Case 002. In 1979, the People's Revolutionary Tribunal found him guilty of genocide and sentenced him to death. He was given a Royal Amnesty in 1996. Mr. Ieng had claimed that the 1979 conviction barred him from being tried again, since it would violate his right not to be tried twice for the same act. He had also claimed that the 1996 amnesty decree prevented the Chamber from bringing a charge against him.
1 April 2011: A press release is issued containing the personal reflections of Case 001 Civil Parties and other attendees of Kaing Guek Eav’s (“Duch”) Appeal Hearing. The commentators spoke highly of the work of the tribunal and its positive effect on Cambodia. Several attendees also remarked on desired outcomes of the appeal, including imposing a life sentence on Duch (as opposed to his current 35 year sentence) and establishing a museum or library to ensure awareness passes to future generations.
31 March 2011: Kaing Guek Eav (“Duch”) delivers a final statement pleading for acquittal and release at the conclusion of his three-day Appeal Hearing for Case 001. Duch appeals the judgment of the Trial Chamber, which found him guilty of crimes against humanity and grave breaches of the Geneva Conventions while he served as Chairperson of the S-21 prison and sentenced him to 35 years in prison. The Co-Prosecutors also appealed the judgment and asked for a life sentence to be imposed and then reduced to 45 years to compensate Duch for his long and unlawful pre-trial incarceration. Civil Parties also participated in the appeal, some seeking formal admission to the case.
30 March 2011: The Supreme Court Chamber hears the final arguments in its three-day appeals hearing for Kaing Guel Eav (Duch). Duch is appealing his 30-year sentence, arguing that he falls outside the court's mandate to try only the senior leaders of the Khmer Rouge era. Prosecutors have asked that the sentence be increased to 45 years to reflect what they say is Duch's lack of remorse for his role in the atrocities.
28 March 2011: Ieng Sary, a defendant in Case 002, files a motion requesting that in Case 002, the Trial Chamber not take judicial notice of any facts previously adjudicated in Case 001. Mr. Ieng argues that this motion is necessary to preserve the presumption of his innocence in his own trial. He further argues that this motion is necessary because the Defense in Case 001 did not contest many of the adjudicated facts, and that his request to intervene in that case where it concerned his own defense was denied. Therefore, Mr. Ieng says that admitting all the adjudicated facts from Case 001 in Case 002 would violate his right to defense and right to confrontation.
8 March 2011: Representatives from the ECCC meet with officials from the Ministry of Culture to discuss the construction of a victims memorial at the Tuol Sleng Genocide Museum. The ECCC requested these talks following a change in its internal rules, which permit it to collaborate with governments and NGOs to provide reparations to victims of the genocide. In 2010, the Chamber had granted some reparations requests, such as collecting and publishing statements of apology by the accused, but denied others, including the construction of a victims' memorial.
4 March 2011: The Supreme Court Chamber announces that it will begin the appeals hearing in the case of Kaing Guel Eav, also known as Duch. The hearing will be divided into three thematic sessions. The session on personal jurisdiction will be on 28 March, the session on crimes against humanity and sentencing will be on 29 March, and the civil parties' appeals arguments will be heard 30 March.
23 February 2011: The 9th ECCC Plenary session concludes, having adopted five amendments to the Chamber's internal rules. These amendments dealt with the admissibility of applications to disqualify trial judges; the Chamber's ability to separate charges or proceedings; the designation of substitute lawyers for the prosecution if the Lead Co-Lawyers are temporarily unable to perform their duties; and the ability of the Chamber to continue proceedings even if the accused is in ill health and cannot attend in person. This final amendment is particularly important given the advanced age of the four defendants in Case 002. The amendment permits trials to proceed when the accused is in poor health and cannot attend if the accused gives his or her consent. It also provides that if the accused's absence would substantially delay the proceedings, the Chamber may order the accused to participate through remote audio-visual connection.
21 February 2011: The 9th ECCC Plenary session begins, with the intent to amend the Chambers’ rules to streamline proceedings. One of the major items on the agenda is to create an efficient appeals procedure for the Chamber.
17 February 2011: The Trial Chamber hands down a 16 February 2011 decision denying a petition for the immediate release of Case 002 defendants Nuon Chea, Khieu Samphan and Ieng Thirith. This decision confirms the Pre-Trial Chamber’s ruling on 13 January 2011 that the defendants were to remain imprisoned until their trial. The defense argued that the ECCC’s procedure required the release of the defendants no more than four months following their indictment. The Trial Chamber, however, agreed with the prosecutor that continued imprisonment was necessary to guarantee the defendants’ appearance at trial. In addition to the decision regarding the immediate release, the Trial Chamber found that the Pre-Trial Chamber’s decision lacking reasoning for the continued provisional detention was best left for discussion at the conclusion of the trial.
7 February 2011: The ECCC revises its 2010-2011 budget to US$ 71.96 million, reducing the total budget for the 2010-2011 period by US$ 15.1 million.
2 February 2011: The co-investigating judges of the ECCC announce that they have established joint working groups for Cases 003 and 004 – in which the subjects have yet to be identified. No field investigation is being performed at this time.
30 December 2010: It is announced that in 2010, 32,633 people visited the ECCC as a result of an outreach effort known as the ECCC Study Tour. The Study Tour seeks to create awareness and understanding through-out Cambodia. The general public travelling from provinces all around the country accounted for a majority of the attendees, but civil parties, international guests, government officials, the press, and groups from universities and organizations also attended.
23 December 2010: Hearings for the appeals in Case 001 are scheduled for the last week of March 2011. Both the Co-Prosecutors and the Co-Lawyers for the Accused are appealing the judgment in which Kaing Guek Eav (known as Duch) was convicted of crimes against humanity and grave breaches of the Geneva Convention of 1949 and sentenced to 35 years in prison. Victims who applied to participate as Civil Parties and whose applications were denied, along with those who did participate as Civil Parties, are also appealing. The Co-Prosecutors are challenging the sentence and the treatment of cumulative convictions. The Co-Lawyers for the Accused are contesting the ECCC’s personal jurisdiction, claiming that Duch was not included in the Chamber’s mandate to prosecute “senior leaders . . . who planned or gave orders . . . [or] those most responsible for committing serious crimes.” Forty-one of the ninety victims who either applied to participate or did participate as Civil Parties are seeking a granting of their request for participation and/or their request for reparations.
31 January 2011: The ECCC is visited by nearly 200 commune council members from all 24 provinces in Cambodia. The council members tour the court and court officials answer questions about the trial of Kaing Guel Eav (Duch) and the upcoming trial of four senior members of the Khmer Rouge. This visit is important because these council members are local authorities and are an important means of disseminating information about the Chamber to the people of Cambodia. Among the council members are some survivors of the Khmer Rouge regime, who share their stories.
31 January 2011: Three of the defendants in Case 002, Ieng Thirith, Kieu Samphon, and Nuon Chea, ask the Chamber to release them in advance of their trial, which is scheduled for later this year. Lawyers for the three defendants argue that it will contravene ECCC rules to hold the defendants any longer. All four defendants in Case 002 have been in detention since they were arrested in 2007, and their lawyers are arguing that ECCC rules prohibit holding defendants longer than four months after they are indicted. An indictment was handed down for all four defendants on 16 September 2010. Prosecutors argue that if the defendants are released, there is a significant risk that they will flee the country or seek to intimidate witnesses.
29 January 2011: Japan announces that it will provide $11.7 million to fund the operation of the ECCC during the coming fiscal year. The Japanese have been the largest supporters of the Chamber to date, and this fund represents one quarter of the ECCC's expected annual operating budget.
24 January 2010: The Pre-Trial Chamber schedules two public hearings for 31 January 2011. The first hearing is entitled "Urgent Application for Immediate Release of Nuon Chea," and the second will be regarding Kieu Samphon's "Application for Release Pursuant to Rule 82(3) of the Internal Rules." Both hearings will be open to the public.
13 January 2010: The Pre-Trial Chamber hands down an amended indictment in the cases of Ieng Sary, Ieng Thirith, Kieu Samphon, and Nuon Chea. All four defendants had filed appeals, all but two of which the Chamber denied. The Chamber has amended its closing order to require the existence of a link between the underlying acts of crimes against humanity and armed conflict. It has also determined that while rape did not exist as a crime against humanity during the period of the Chamber's purview, it does fit under the definition of "other inhumane acts" within the definition of crimes against humanity
21 December 2010: Germany has donated €1.2 million to the a project started in September 2010 to improve the participation of victims in the proceedings before the ECCC. Germany has donated over €7 million to the ECCC.
17 December 2010: The United Kingdom has donated £215,000 (approximately $334,000 U.S.) to assist the Cambodian side of the court, bringing their total donations to the tribunal to-date to $3.7 million U.S.
10 December 2010: In an effort to combat wide-spread belief that the stories of atrocities committed by the Khmer Rouge were exaggerated or altogether false, the Public Affairs Section of the ECCC organized a tour for just under 300 residents of Along Veng. The first stop was the Tuol Sleng Genocide Museum, the site of a former high school that served as the notorious S-21 prison during the Khmer Rouge regime. Their tour included a lecture by a survivor of the prison.
02 December 2010: Elisabeth Simonneau Fort has been appointed as international Civil Party Leader Co-Lawyer. Her role is to represent the interests of Civil Parties, those victims who are selected through an application process to become formal participants in the proceedings, before the ECCC.
01 December 2010: Dr. Siegfried Blunk, German-born and -educated judge has been appointed as new International Co-Investigating Judge of the ECCC, replacing Marcel Lemonde of France. Previous to this appointment, Judge Blunk served as a reserve Co-Investigating Judge for the ECCC, and from 2003 to 2005, he served as an international judge for the hybrid court established by United Nations Transitional Administration in East Timor.
17 November 2010: Three hundred residents of Pailin, the last Khmer Rouge stronghold, attended a study tour at the Tuol Sleng Genocide Museum as a part of a nationwide outreach program conducted by the Public Affairs Section of the ECCC. The museum was just one stop on a tour that ultimately led participants to the ECCC. The goal of the study tour was to promote both an understanding of the past and the work of the ECCC, specifically how victims can be involved in proceedings before the ECCC.
27 October 2010: Secretary General Ban Ki-Moon visits the ECCC as part of his official visit to Cambodia and commends the Chambers on their progress. He emphasizes that the trial of Kaing Guek Eav, also known as Duch, has demonstrated the ECCC's ability to conduct complex criminal cases. During his visit, the Secretary-General met with Cambodian Prime Minister Hun Sen and expressed support for the Chambers' continued work.
25 October 2010: The Victims Support Section (VSS) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) announces the adoption of a three-year strategic plan in order to manage and give meaningful representation to the large number victims in Case No. 002. As a part of this plan, the VSS is hosting a public dialogue in November for the large number of victims who were not joined in the case as Civil Parties. In addition to these types of outreach activities, the VSS will address reparations and non-judicial measures for victims. This has been made possible by donor financial support.
17 September 2010: The ECCC's 8th Plenary session formally concludes, having adopted amendments to its Internal Rules intended to improve victims' access to reparations and streamline future trial procedures. The reparations amendments open additional avenues through which reparations can be paid, such as third-party funds, to ensure that victims still receive reparations even if the convicted person is indigent or refuses to comply. The second set of amendments is designed to streamline trial proceedings in advance of Case 002, the case against Ieng Sary, Ieng Thirith, Kieu Samphon, and Nuon Chea, which is expected to be complicated by the number of Civil Parties involved.
16 September 2010: The ECCC formally indicts Ieng Sary, Ieng Thirith, Kieu Samphon, Nuon Chea on charges of crimes against humanity, grave breaches of the Geneva Convention, and genocide. The four were also indicted for murder, torture, and religious persecution under the Cambodian Criminal Code. The charges relate to the leadership roles played by the four defendants while they served in the Khmer Rouge regime, which ruled Cambodia from 1975 to 1979, and focus on the displacement of the populations; the creation of six cooperatives and worksites; the reeducation and elimination of political enemies; the persecution of the Cham, the Vietnamese, and Buddhists; and the regulation of marriage.
30 August 2010: The first admissibility decisions for Civil Parties in Case No. 002 against Noun Chea, Ieng Sary, Ieng Thirith, and Khieu Samphanare released. The Co-Investigating Judges looked through 3,988 applications to join the case as a Civil Party. To be admissible, the application needed to show that the personal injury the applicants suffered was directly related to one of the specific facts of investigation. Those applications deemed inadmissible will render the applicant unable to join the action as a Civil Party, but it will not prevent them from being seen as victims of the alleged crimes of the defendants for the purposes of the court's final decision.
26 July 2010: The Trial Chamber finds Kaing Guek Eav guilty of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and sentences him to 35 years of imprisonment. Kaing is convicted of crimes against humanity (persecution on political grounds, incorporating various other crimes against humanity, including extermination, imprisonment and torture), as well as numerous grave breaches of the Geneva Conventions of 1949, for which, by a majority, the Chamber imposed a single, consolidated sentence of 35 years of imprisonment. In deciding on an appropriate sentence, the Chamber noted a number of aggravating features, in particular the gravity of the offences, which were perpetrated against at least 12,272 victims over a prolonged period. The Chamber also decided that there were significant mitigating factors that mandated the imposition of a finite term of imprisonment rather than one of life imprisonment. These factors included cooperation with the Chamber, admission of responsibility, limited expressions of remorse, the coercive environment in Democratic Kampuchea, and the potential for rehabilitation. Following an earlier decision of the Chamber of 15 June 2009, the Chamber considered that a reduction in the above sentence of 5 years is appropriate given the violation of Kaing’s rights occasioned by his illegal detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007. Kaing is further entitled to credit for time already spent in detention, under the authority both of the Cambodian Military Court and the ECCC.
19 July 2010: The Co-Investigating Judges forward the case file in Case of Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith, and Kaing Guek Eav to the Co-Prosecutors. The Co-Prosecutors have a maximum of 45 days to file their final submission to the Co-Investigating Judges. After the receipt of the final submission from the Co-Prosecutors, the Co-Investigating Judges will issue a Closing Order. The Closing Order will be either an indictment sending the case for trial or a dismissal of the case (partially or totally).
17 July 2010: Mr. William J. Burns, US Under-Secretary of State for Political Affairs, leads a six-member delegation to the ECCC as the tribunal expects to hand down its first judgment on 26 July 2010. The ECCC senior management briefs the delegation on the progress the court has made so far and the challenges it faces in coming months and years, including financial matters. In response, Mr. Burns congratulated the ECCC on its achievements, saying that the court has made a lasting impact on Cambodia’s society at large and its judicial system in particular. Mr. Burns’s visit to the court was part of his two-day trip to Cambodia to commemorate the 60th anniversary of US-Cambodia bilateral relations.
9 July 2010: The Trial Chamber announces the withdrawal of Maitre Francois Roux as Mr. Kaing Guek Eav’s foreign co-lawyer. Mr. Kaing continues to be represented by his Cambodian co-lawyer, Mr. Kar Savuth. The Defense Support Section will not consider the appointment of a second co-lawyer to replace Maitre Roux until after the verdict against the accused.
7 July 2010: The Open Society Justice Initiative, which monitors the ECCC, warns that the court risks failing due to the “corrosive impact of political interference” by government officials. The hard-hitting report says that the UN, international donors, and international court staff must demand an end to political interference to ensure the court’s credibility.
5 July 2010: The ruling Cambodian People’s Party once again reiterates its position against further indictments at the ECCC. Party President Chea Sim says that the Party “totally” disapproves attempts to “use the court for ill-intent purpose”; stating that further indictments now under consideration by investigating judges at the tribunal would “impact peace, stability and national reconciliation.”
5 July 2010: The Defense Support Section grants the request by Mr. Kaing Guek Eav to withdraw his co-lawyer, Maitre Francois Roux, noting that there was no reason to doubt that Mr. Kaing’s loss of confidence in his representation is genuine.
2 July 2010: Japan gives 2.26 million dollars to the ECCC. The money is to be used to pay staff salaries, which have been unpaid since April. Japanese Ambassador Masafumi Kuroki says that his government had acted because the tribunal “was facing a critical financial shortage” at a key stage in the judicial process.
30 June 2010: The Defense Support Section receives a request by Mr. Kaing Guek Eav to withdraw his international co-lawyer, Maitre Francois Roux.
22 June 2010: An independent genocide research group based in Cambodia announces that, beginning next year, Cambodian high schools will be displaying giant anti‐genocide banners as part of an ongoing quest to educate the young about the country's painful history. The Education Ministry approved a request to hang two banners at all 1,700 high schools nationwide.
16 June 2010: The German government, represented by its implementing agency German Technical Cooperation, signs an agreement with the ECCC pledging and additional 400,000 Euros to the tribunal’s Victims Support Sections for the continuing improvement of victims’ participation in the Khmer Rouge trials.
14 June 2010: The ECCC invites members of the public, diplomats, and media representatives to attend the public hearing for the pronouncement of the verdict in the Case of Kaing Guek Eav, alias Duch, on 26 July 2010. The President of the Trial Chamber will read a summary of the verdict during the hearing.
13 June 2010: ECCC co-prosecutor Andrew Cayley addresses a group of Khmer Krom residents of Pursat province on Sunday, intent on assuring them that the suffering inflicted upon their community under Democratic Kampuchea will not be overlooked by the court. In speaking to a group of around 200 in Pursat’s Romlech commune, Bakan district, Cayley explained the status of the court’s investigation to survivors who have voiced concern that attacks and alleged genocide against them have yet to be acknowledged.
9 June 2010: The Co-Investigating Judges issue a statement in which they announce that they “wish to correct erroneous and misleading media reports stating that ‘KRT Begins Investigations of Five New Regime Suspects’ (Cambodia Daily 8 June 2010) and that ‘KR Judge does not sign on to new investigation’ (Cambodia Daily 9 June 2010).” The statement also notes that the International Co-Investigating Judge “has recorded that there is a disagreement between the Co-Investigating Judges related to the timing of the investigations.”
24 May 2010: The Trial Chamber announces it will deliver the verdict in the case against Kaing Guek Eav, alias Duch, on Monday 26 July 2010.
20 May 2010: The Pre-Trial Chamber issues a decision on the use of joint criminal enterprise (JCE) as a mode of liability in Case 002, upholding the use of Types I and II, but rejecting Type III. JCE is a mode of liability that has been used frequently at the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Pursuant to the jurisprudence of those tribunals, members of a common plan may be held liable for the acts of all members to the plan so long as they share the requisite intent (Type I) or the plan was implemented in a “common concerted system of ill-treatment,” such as a concentration camp (Type II). The Yugoslav and Rwanda tribunals have also held members of a common plan liable for acts that fall outside of the original plan, so long as the acts were foreseeable (Type III). The Pre-Trial Chamber rejected the application of JCE III to Case 002 on the grounds that the third form of liability was not a part of customary international law at the time the alleged crimes were committed.
20 May 2010: Mr. Philippe Gréciano is appointed as International Co-Lawyer for Mr. Khieu Samphan. Mr. Gréciano, a university professor and a member of the Paris Bar Association, has been involved in seven cases related to genocide and crimes against humanity in Rwanda before courts in France and Germany and before the International Criminal Tribunal for Rwanda.
30 April 2010: The Pre-Trial Chamber dismisses appeals lodged by Ieng Sary, Khieu Samphan and Ieng Thirith against the orders of the Co-Investigating Judges extending the periods of their respective provisional detention. In the case of Ieng Sary, the Chamber determined continued detention is necessary to prevent the Charged Person from fleeing, to protect the security of the Charged Person, and to preserve public order. With regard to Khieu Samphan, the Chamber held continued detention was necessary to protect the security of the Charged Person, and to preserve public order. Finally, in respect of Ieng Thirith, the Chamber held detention was warranted to prevent the Charged Person from exerting pressure on witnesses and destroying evidence, as well as to prevent her from fleeing and to preserve public order.
12 April 2010: The ECCC budget for 2010-11 is approved and available on the ECCC website. The budget is $87.1 million. $21.7 million comes from national sources while $65.4 million comes from international donors.
11 April 2010: Hillary Clinton praised Cambodia's efforts to bring Khmer Rouge officials to justice, as well as noting expanding relations between Washington and Phnom Penh.
11 April 2010: Adhoc, a local legal assistance program for victims of the Khmer Rouge, has been suspended due to lack of funding. This program has been instrumental in helping civil party applicants, with 1,827 applicants out of 4,004 submitted with Adhoc's help. The program is reaching out to international agencies and embassies for aid, but has received no help yet.
25 March 2010: More than 300 villagers, from Kampong Siem District, Kampong Cham province, participate in an outreach program designed to bring villagers from the Cambodian countryside to visit the ECCC and the Tuol Sleng Genocide Museum. This program is run by the Public Affairs Section of the ECCC, which runs buses every Tuesday and Thursday.
25 March 2010: The Open Society Justice Initiative of New York releases a report expressing concerns that the Cambodian Government was interfering with upcoming Cases 003 and 004. The report stressed the need to demonstrate judicial independence. The report did however praise Case 001 results.
25 February 2010: The Co-Investigating Judges of the ECCC announce that they will accept supplementary information from Civil Party applicants in Case 002. This should help Civil Parties who are uncertain as to whether the information they have already supplied brings them within the scope of the investigation described by the Co-Investigating Judges, but who have additional information that may be relevant to their application.
23 February 2010: The King of Cambodia appoints Ms. Catherine Marchi-Uhel of France as the new international judge to serve in the Pre-Trial Chamber of the ECCC. United Nations Secretary General Ban Ki-moon nominated Ms. Marchi-Uhel, and the Supreme Council of the Magistracy, His Majesty approved the nomination. Judge Marchi-Uhel, formerly the international reserve judge in the Supreme Court Chamber of the ECCC, replaces Judge Kathinka Lahuis of the Netherlands. Judge Lahuis will now serve as international reserve judge of the Pre-Trial Chamber. Judge Florence Mumba of Zambia will take over Judge Marchi-Uhel’s former position. The Pre-Trial Chamber of the ECCC will now be sitting full time, because of its workload.
19 February 2010: The Internal Rules of the ECCC as amended by the 7th ECCC Plenary Session are published. The updated version is available at:http://www.eccc.gov.kh/english/internal_rules.aspx.
17 February 2010: The ECCC signs an agreement with the Hoover Institution at Stanford University and the War Crimes Studies Center of the University of California, Berkeley, establishing an ECCC Virtual Tribunal Legacy Project. The Virtual Tribunal will make available to the public all trial related materials such as decisions, filings, trial transcripts and videos of the court proceedings. The Virtual Tribunal will link together all these resources, combining them with expert commentary, educational introductions and explanations, interviews and other multimedia resources.The Virtual Tribunal will be available to the public during and beyond the operation of the Court.
9 February 2010: The 7th Plenary Session of the ECCC concludes. In response to the 4000 Civil Party applications that the Victims Unit received, the ECCC has adopted a new system of victim representation. Specifically, the 7th Plenary Session is authorizing the former Victims Unit, which is now called the Victims Support Section, to develop and implement new programs outside of the formalized court proceedings. Such measures should allow for a more inclusive cross-section of victims than those who are admitted as Civil Parties in cases. The amended rules state that these measures may be developed in collaboration with governmental and non-governmental agencies external to the ECCC, allowing more ambitious programs than would otherwise be feasible using the ECCC’s existing capacities and resources. In addition, the amended rules create two Civil Party Lead Co-Lawyers, who will bear primary responsibility for the overall advocacy, strategy and in-court presentation of the interests of the consolidated group of Civil Parties at the trial stage and beyond. The Lead Co-Lawyers will coordinate with the Civil Party Lawyers, who may agree to support the Lead Co-Lawyers in the representation of the consolidated group. Support may include oral and written submissions by Civil Party Lawyers, as well as examination in court of witnesses and their clients.The Civil Party Co-Lead Lawyers, while supported administratively by the court, will be located within a separate section of the ECCC. This is to safeguard the independence of the Civil Party Lead Co-Lawyers, while still making it possible for the Victims Support Section to fulfill its responsibility to develop new victim-oriented programs. The amended rules also endorse budgetary and administrative measures to create an increase in the level of court-funded legal representation for Civil Parties, and the rules state that all Civil Party Lawyers may make use of ECCC administrative support.
The Plenary Session has also adopted measures to ensure that all admissibility challenges to individual Civil Party applications will be determined during the pre-trial stage by the Co-Investigating Judges and Pre-Trial Chamber.
Finally, the Plenary Session also reaffirmed the idea of a single claim for reparation on behalf of the consolidated group of Civil Parties.
None of these amendments apply to Case 001.
2 February 2010: The Public Affairs Section of ECCC releases a video with a basic explanation of the ECCC, focusing on the first trial against Duch. The video was produced for the meeting with the Group of Interested States to the ECCC in New York in December 2009.
2 February 2010: The 7th Plenary Session has started and will take place until February 9th. This session will discuss proposed amendments to the Internal Rules regarding Civil Party participation in ECCC hearings. Because of the high volume of Civil applications regarding Case 002, the court is attempting to consolidate the victims before the trial starts. One proposed amendment would establish separate Civil Party Lead Co-Lawyers. Additional amendments propose that the civil party claims be consolidated into one or just a few rewards. The Cambodian Human Rights Action Committee is concerned about these additional amendments, because consolidating the reparations for the sake of efficiency may not do justice to victims and allow them to tell their stories.
14 January 2010: Victims' Unit announces extended hours to deal with Civil Party applications, which must be filed by 29 January 2010 in order to be considered for Case 002.
14 January 2010: Co-Investigating Judges complete their two and a half year investigation in Case 002. The investigation looked into offenses committed between 17 April 1975 and 6 January 1979, and resulted in tens of thousands of pages of documentary evidence, over 800 statements, and over 2000 civil party applications.
28 December 2009: Japan, the ECCC's largest donor, pledges $2 million for a storehouse for ECCC documents and a legal center for the "socially vulnerable."
28 December 2009: Supreme Court Chamber issues its first-ever decision, regarding the appeal by lawyers for the Civil Parties on the Trial Chamber's decision to exclude Civil Party submissions from sentencing decisions and prohibiting Civil Parties from posing questions to character witnesses. The Supreme Court Chamber found the appeal inadmissible, saying it cannot be brought as an immediate appeal but instead must be brought together with an appeal against a judgement on the merits.
22 December 2009: Ieng Thirith is charged with genocide for her treatment of the Vietnamese and the Cham Muslim minority, making her the last of the four suspects in Case 002 to be charged with that crime.
18 December 2009: ECCC budget for 2010 and 2011 submitted to the Steering Committee of UNKART and the Group of Interested States to the ECCC. The budget for 2010 is $46 million ($35.5 million from international sources; $11.5 from national sources), and $47.3 million for 2011 ($35.6 million international, $11.8 national).
18 December 2009: Khieu Samphan is charged with genocide in relation to the Khmer Rouge regime’s slaughter of Vietnamese and ethnic Cham Muslims in the 1970s.
16 December 2009: Co-Investigating Judges announce that Nuon Chea and Ieng Sary will be charged with genocide in relation to the Khmer Rouge regime’s slaughter of Vietnamese and ethnic Cham Muslims in the 1970s.
09 December 2009: Pre-Trial Chamber dismisses Ieng Sary's application to disqualify Co-Investigating Judge Marcel Lemonde for alleged bias.
08 December 2009: Co-Investigating Judges issue an order that Joint Criminal Enterprise, a form of liability, applies to international crimes prosecuted in the ECCC. This is counter to requests filed from four defense teams the Joint Criminal Enterprise not be applied to proceedings before the ECCC.
02 December 2009: Andrew T. Cayley (United Kingdom) is appointed as the new International Co-Prosecutor. Cayley has been defending Charles Taylor before the Special Court for Sierra Leone, and Ivan Cermak before the International Tribunal for the Former Yugoslavia, for the past two years, and was previously senior prosecuting counsel at the International Criminal Court.
December 2009: History textbooks documenting the Khmer Rouge in detail for the first time in Cambodian history are released to Cambodian schools.
23-25 November 2009: Closing statements in the trial of Kaing Guek Eav (Duch) are held; more than 1,000 people attend on the third day. Duch, while accepting responsbility at the S-21 detention center, simultaneously asked for acquital and release, claiming he was simply following orders and was not a senior member of the Communist Party of Kampuchea.
12 November 2009: Provisional detention of Ieng Sary and Ieng Thirith is extended for a maximum of one year.
05 November 2009: Co-Investigating Judges release details of the scope of their investigation into crimes committed by Khieu Samphan,Nuon Chea, Ieng Sary, Ieng Thirith and Kaing Guek Eav (Duch), including the names of worksites and cooperatives which are part of the investigation, so that victims with evidence about those sites may submit applications to become Civil Parties.
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.