ECCC Supreme Court Chamber Overturns Case 002 Severance Order

On Friday, February 8, 2013, the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia issued a decision invalidating the Trial Chamber’s previous orders severing Case 002 against accused Nuon Chea, Ieng Sary, and Khieu Samphan into smaller trials focusing only on specific charges.

In reaching this decision, the SCC found that by only publicizing a plan and scope for Case 002/1 and not any future Case 002 trials, the Trial Chamber had effectively “buried” the rest of the charges in the Closing Order. In making this comment, the SCC highlighted that the Trial Chamber itself had justified severing Case 002 on the basis that the health issues of the accused and the need to ensure justice for victims meant there was a need to have an expeditious first trial. On the scope of Case 002 in general, the SCC thought it was unacceptable that the Trial Chamber had not articulated a “tangible plan” for the trial of the remaining charges.

The SCC held that the Trial Chamber’s decision to sever Case 002 into smaller trials has been annulled. The Trial Chamber, however, may still reassess whether the interests of justice amd case management purposes requires the severance of the case. This reassessment must first include submissions by all parties on the matter, and any new decision to sever may be made “only afterall parties’ respective interests are balanced against all relevant factors,” according to the SCC.

Further comments on this decision are expected from the Trial Chamber. Read the Full SCC Decision in English (pdf).