Case 002: Ieng Thirith
- Ieng Thirith, OCIJ, Inter-Office Memorandum Of The CIJs Concerning the Legal Representation of Civil Parties, D337/7 (28 June 2010) (providing reasons why legal representation has not yet been assigned to some civil parties)
- Ieng Thirith, OCIJ, Order in Response to the Decision of the Pre-Trial Chamber on Co-Prosecutors’ Appeal Against the Co-Investigating Judges’ Order on Request to Place Additional Evidentiary Material on the Case File Which Assists in Proving the Charged Persons’ Knowledge of the Crimes, D365/3 (21 June 2010) (responding to a decision by the PTC and expanding the OCIJ’s reasons for a decision on the Co-Prosecutors’ request to place additional evidentiary material in Case File 2)
- Ieng Thirith, OCIJ, Civil Parties, Capacity And Specialisation Of Civil Party Lawyer Group “Avocats Sans Frontiere France”, D337/6/1 (18 May 2010) (offering to represent those civil parties involved in the ECCC proceedings who have not yet obtained legal representation)
- Your Complaint and Request for Information (3 Mar 2010) (Stating the delay in placing the materials on the Case File is a consequence of the workload of the OCIJ).
- Defence Complaint of and Request for Reasons for Late Disclosure of Rogatory Letter D231 (12 Feb 2010) (Formally complaining that the CIJs failed to make a timely disclosure of evidence and asking for reasons for the delay).
- Order Rejecting the Request for an Annulment and the Request for Stay of Proceedings on the Basis of Abuse of Process Filed by Ieng Thirith (31 Dec 2009) (Rejecting the request for annulment or a stay of the proceedings).
- Ieng Thirith, OCIJ, Order On Co-Prosecutors’ Request For Investigative Action Regarding Interviews of Nuon Chea And The Film “Enemies Of The People”, D344/1 (9 April 2010)
- Ieng Thirith, OCIJ, Def., Request For Translation Of Certain Documents Before The Close Of Investigations, D249 (23 December 2009)
- Ieng Thirith, OCIJ, Response to IENG Thirith’s Lawyers Request For Translation Of Certain Documents Before The Close Of Investigations, D249/2 (14 December 2009)
- Civil Parties’ Request for Supplementary Investigations Regarding Genocide of the Khmer Krom & The Vietnamese (3 Dec 2009)(Requesting further investigation to draw attention to new evidence)
- Ieng Thirith, OCIJ, Response to IENG Thirith lawyer’s request for uniform spelling of witness names and locations mentioned throughout the Case File, D241/2 (3 December 2009)
- Your Request for Investigative Action Concerning the Documentation of Centre of Cambodia (DC-Cam) (27 Nov 2009) (Informing the Co-Prosecutors of the continuous collection, analysis and review of documents at DC-Cam).
- Co-Prosecutors’ Request for Investigative Action Concerning the Documentation Centre of Cambodia [DC-Cam] (16 Nov 2009) (Requesting that the CIJs conduct additional investigative action).
- Ieng Thirith, OCIJ, Def., Request for additional time at the end of the investigation, D237 (11 November 2009)
- Ieng Thirith, OCIJ, Order on extension of Provisional Detention, C20/8 (10 November 2009) (extending the provisional detention of Ieng Thirith for an additional one year)
- Ieng Thirith, OCIJ, Order on IENG Thirith Defence Request for exclusion of the Report of Dr. Craig C. Etcheson, D192/2 (23 September 2009)
- Ieng Thirith, OCIJ, Pros., Response to Defence Request for Exclusion of Evidence Obtained by Torture, D130/5 (30 April 2009) (arguing that the Convention Against Torture and other prohibitions on the use of coerced confessions as evidence do not demand the exclusion of statements of S-21 prisoners from the case file)
- Ieng Thirith, OCIJ, Order on Request for Investigative Action, 158/5 (3 April 2009) (denying joint defence request for investigation into corruption allegations against the tribunal on the grounds that OCIJ power to take any investigative action conducive to ascertaining the truth” is limited by their jursidiction, conferred by Article 2 of the 2004 ECCC Law, to bringing to trial senior leaders of Democratic Kampuchea and those most responsible for international crimes committed between 1975 and 1979; accordingly, extending judicial investigation to these corruption allegations would be an abuse of power)
- Ieng Thirith, OCIJ, Def., Motion in Support of Nuon Chea’s Request for Investigative Action, D158/3 (30 March 2009)
- Defence Request for Exclusion of Evidence Obtained by Torture(11 Feb 2009) (Stating that evidence obtained by torture should be inadmissible in the current proceedings).
- Ieng Thirith, OCIJ, Order on Access to Case File by Detainees, 127 (26 Jan. 2009)(granting detainees the right to access a limited number of case file documents in their cells, provided those documents fit in a lockable file cabinet to be provided each detainee)
- Ieng Thirith, OCIJ, Order on Extension of Provisional Detention(10 Nov. 2008)(extending provisional detention for up to one year)
- Ieng Thirith, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
- Ieng Thirith, OCIJ, Order of Provisional Detention (14 Nov. 2007)
French version
Pleadings
- Ieng Thirith, TC, Co-Prosecutors’ Notification of Legal Issus it Intends to Raise at the Initial Hearing (19 Apr 2011)
- Ieng Thirith, TC, Ieng Thirith Motion to Submit Its List of Documents (19 Apr 2011)
- Ieng Thirith, TC, Defense Request for Results of the Interpretation and Translation Unit’s Review of Written Records of Witness Interviews (10 Feb 2011)
- Ieng Thirith, TC, Defense Request to the Trial Chamber to Rule on Issues Crucial to All Defendants at the Trial Management Meeting(10 Feb 2011) (Requesting certain issues, including half-day trial hearings, guidelines for Civil Party participation and the use of torture tainted evidence, be decided at the 5-6 April 2011 Trial Management Meeting)
- Ieng Thirith, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
- Ieng Thirith, PTC, Joint Observations on Mr. Nuon Chea, Mr. Ieng Sary and Mrs. Ieng Thirith’s Appeals Against the Closing Order(29 Nov 2010) (Civil Parties’ requesting the PTC to reject defense’s appeal of the OCIJ’s Closing Order)
- Ieng Thirith, PTC, Def., Appeal from the Closing Order (18 October 2010)
- Ieng Thirith, PTC, Pros., Co-prosecutors’ Request to file a Joint Response to the Appeal Brief of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith against the Closing Order (6 October 2010)
- Appeal Against Order on the Admissibility of Civil Party Applicants From Current Residents of Kampong Chhnang Province (D417) (27 Sept 2010) (Arguing the CIJs committed errors in law and violated procedural fairness by rejecting in mass the civil party applicants and requesting that the Pre-Trial Chamber reconsider the applications)
- Ieng Thirith, PRC, Pros., Response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)
- Ieng Thirith, PTC, Def., Reply to Co-Prosecutors’ Response to Defence Appeal on the Application of Joint Criminal Enterprise, D97/15/8 (15 March 2010)
- Appeal Against Combined Order on Co-Prosecutors’ Two Requests for Investigative Action Regarding Khmer Krom and the Civil Parties Request for Supplementary Investigations Regarding Genocide of the Khmer Krom and the Vietnamese (12 Feb 2010) (Requesting the CIJ order be set aside and order the Charged Persons with various crimes regarding Khmer Krom and Vietnamese Civil Parties).
- Ieng Thirith, PTC, Def., Request for Clarification of Statement by Pre-Trial Chamber, D164/4/11 (30 October 2009)
- Co-Prosecutors’ Joint Response to Ieng Thirith and Khieu Samphan’s Appeals Against the ‘Order on the Use of Statements Which Were or May Have Been Obtained by Torture’ (12 Oct 2009) (Requesting that the appeals be dismissed).
- Co-Prosecutors’ Urgent Application for Extension of Time to File a Joint Response to Charged Persons Ieng Thirith and Khieu Samphan’s Appeals Against Order on the Use of Statements Which Were or May Have Been Obtained by Torture(11 Sept 2009) (Requesting an extension to file a response).
- Defence Appeal Against OCIJ ‘Order on the Use of Statements Which Were or May Have Been Obtained by Torture’ of 28 July 2009 (10 Sept 2009) (Requesting the Pre-Trial Chamber quash the order).
- Defence Request for Extension of Time Limit for Appeal Against ‘Order on Use of Statements Which Were or May Have Been Obtained by Torture’ (31 July 2009) (Proposing a 14 day extension to respond).
- Ieng Thirith, PTC, Def., Reply to OCP Response to Appeal on Administrative Corruption, D158/5/4/12 (26 June 2009) (emphasizing intent to file appeal separate from appeals of the other charged persons on the same issue and requesting participation at an oral hearing on the appeal and its admissibility)
- Ieng Thirith, PTC, Pros., Response to Appeal Against OCIJ Order Denying Request for Investigative Action Regarding Allegations of Administrative Corruption, D158/5/4/10 (29 May 2009) (arguing that the OCIJ decision should be upheld because investigation into corruption is outside the jurisdiction of the OCIJ and because there is no sufficient link between allegations of administrative corruption and the fair trial rights of accused persons)
- Ieng Thirith, PTC, Def., Appeal Against OCIJ Order on Request for Investigative Action dated 3 April 2009, D158/5/4/1 (4 May 2009) (appealing OCIJ decision not to investigate allegations of corrpution at the ECCC)
- Ieng Thirith, PTC, Pros., Response to Appeal Against Order Extending Provisional Detention, C20/5/7 (22 Jan. 2009)
- Ieng Thirith, PTC, Def., Appeal Against Order Extending Provisional Detention, C20/5/1 (9 Dec. 2008)
- Ieng Thirith, PTC, Civil Party, Joint Response to Appeal Against Provisional Detention Order, C20/I/17 (25 April 2008)
- Ieng Thirith, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
- Ieng Thirith, PTC, Def. (with lawyers for Ieng Sary and Nuon Chea), Joint Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
- Ieng Thirith, PTC, Def. (with lawyers for Khieu Samphan, Ieng Sary, and Nuon Chea), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
- Ieng Thirith, PTC, Def., Appeal Against the Provisional Detention Order (8 Jan. 2008)
Orders, Decisions, and Judgments
- Ieng Thirith, PTC, Directions to the Co-Lawyers for Ieng Sary, Ieng Thirith and Nuon Chea to File a Response to the Appeals Lodged by the Civil Party Applicants (4 May 2011) (Setting a deadline of May 19, 2011 for defense to file their responses to various appeals before the Pre-Trial Chamber)
- Ieng Thirith, PTC, Decision on Appeals by Nuon Chea and Ieng Thirith Against the Closing Order (15 Feb 2011) (Dismissing nearly all appeals, but granting one to add a nexus element to Chapeau requirements listed in the Closing Order)
- Ieng Thirith, PTC, Decision on Ieng Thirith’s and Nuon Chea’s Appeal Against the Closing Order: Reasons for Continuation of Provisional Detention (21 Jan 2011) (Rejecting the appeals and offering reasons for the extension of provisional detention)
- Ieng Thirith, PTC, Decision on Ieng Thirith’s and Nuon Chea’s Appeals Against the Closing Order (13 Jan 2011) (Rejecting the appeals, but granting two requests for changes to the Closing Order, and sending the cases to trial)
- Ieng Sary, PTC, Decision on reconsideration of Co-Prosecutors’ Appeal against the Co-Investigating Judges Order on Request to Place Additional Evidentiary Material on the Case File which Assists in Proving the Charged Persons’ Knowledge of the Crimes(27 September 2010)
- Ieng Thirith, PTC, Decision on Ieng thirith’s appeal against the Co-investigating judges’ order rejecting the request for stay of proceedings on the basic of abuse of process (10 August 2010)
- Ieng Thirith, PTC, Decision on Appeal of Co-Lawyers for Civil Parties Against Order on Civil Parties’ Request for Investigative Actions Concerning all Properties Owned by the Charged Persons, D193/5/5 (4 August 2010)
- Ieng Thirith, PTC, Decision on Ieng Thirith’s appeal against the Co-Investigating Judges’ order rejecting the request to seise the Pre-Trial Chamber with a view to annulment of all investigations, D263/2/6 (25 June 2010)
- Ieng Thirith, PTC, Decision on Ieng Sary’s and on Ieng Thirith Applications under Rule 34 to Disqualify Judge Marcel Lemonde[Redacted], (16 June 2010) (unanimously dismissing the defense appeal to disqualify Judge Lemonde on the basis of bias)
- Ieng Thirith, PTC, Decision on Ieng Sary’s and on Ieng Thirith Applications under Rule 34 to Disqualify Judge Marcel Lemonde[Redacted], (16 June 2010) (unanimously dismissing the defense appeal to disqualify Judge Lemonde on the basis of bias)
- Ieng Thirith, PTC, Decision on Appeal against Order on Extension of Provisional Detention, C20/9/15, (30 April 2010) (upholding the OCIJ’s decision to extend Ieng Thirith’s provisional detention for one year)
- Ieng Thirith, PTC, Decision on Appeals against Co-Investigating Judges’ Combined Order D250/3/3 dated 13 January 2010 and Order D250/3/2 dated 13 January 2010 on Admissibility of Civil Party Applications, D250/3/2/1/5 (27 April 2010)
- Ieng Thirith, PTC, Decision on the Appeals Against the Co-Investigative Judges Order on Joint Criminal Enterprise (JCE), D97/15/9 (20 May 2010)
- Decision on Request for Leave to File Amicus Curiae Brief (8 Oct 2009) (Denying the request by the Cambodian Center for Human Rights to file a brief).
- Decision on the Defence Application for Extension of Time Limit for Appeal Against Order on Use of Statements Which Were or May Have Been Obtained by Torture (18 Aug 2009) (Granting the request for an extension to file the Appeal).
- Ieng Thirith, PTC, Decision on Appeal Against Order Extending Provisional Detention, C20/5/18 (18 May 2009) (upholding OCIJ order extending provisional detention)
- Ieng Thirith, PTC, Report of Examination of Appeal Against Extension of Provisional Detention, C20/5/13 (19 Feb. 2009) (outlining issues presented by Ieng Thirith’s Appeal Against the Order Extending Provisional Detention)
- Ieng Thirith, PTC, Decision on Co-Prosecutor’s Request to Determine the Appeal on the Basis of Written Submissions and Scheduling Order, C20/5/10 (29 Jan. 2009) (rejecting the Co-Prosecutor’s request and scheduling oral hearings)
- Ieng Thirith, PTC, Decision on Appeal Against Provisional Detention (9 July 2008) (Note: Affirming OCIJ’s Order of Provisional Detention)
- Ieng Thirith, PTC, Report of Examination (20 May 2008) (Note: Describing the Co-Investigating Judges’ Order of Provisional Detention, the sumbmissions of the Prosecution and Defence, and relevant facts from the case file, in anticipation of the hearing of the appeal against provisional detention)
Pleadings
- Immediate Appeal Against Decision on Reassessment of Accused Ieng Thirith’s Fitness to Stand Trial Following the Supreme Court Chamber Decision of 13 December 2011 (14 Sept 2012) (Submitting that the Trial Chamber Decision contains errors of law and fact in the exercise of the Chamber’s discretion and that the Decision should be annulled insofar as to the Chamber’s divestment of its jurisdiction to order further judicial supervision of Ieng Thirith)
- Table of Cases Where Detention of the Accused Before ICTY and ICTR Has Lasted 5-10 Years (10 Sept 2012) (Listing all cases before the ICTY or ICTR where the accused was detained for more than 5 years)
- Letter from OCP to Legal Officers of Trial Chamber Concerning Table of Cases Where Detention of the Accused Before ICTY and ICTR Has Lasted 5-10 Years (10 Sept 2012) (Notifying the Chamber that the OCP put together a list of accused who were detained for more than 5 years before the ICTY or ICTR)
- Observations by Co-Prosecutors on Jurisprudence Referred to by Counsel for Ieng Thirith at Fitness to Stand Trial Hearing on Friday 31 August 2012 (4 Sept 2012) (Submitting observations regarding Ieng Thirith’s fitness to stand trial to assist the Chamber in its deliberations over the matter)
- Summary Expert Report on Mrs. Ieng Thirith (29 Aug 2012) (Providing the full report by the Experts that evaluated the Accused and concluding that the Accused suffers from dementia)
- Scheduling of Reassessment and Hearing on Ieng Thirith Fitness to Stand Trial (22 June 2012) (Scheduling the reassessment and hearing of Ieng Thirith’s fitness to stand trial)
- Notice of Change to Defence Team Members List (12 Mar 2012) (Noting the arrival of a new Team Intern)
- List of Defence Team Members (6 Mar 2012) (Providing the most up-to-date list of all Defence Team Members)
- Further Update Regarding Trial Chamber’s Direction to Medical Experts Requesting New Information Regarding Ieng Thirith (15 Feb 2012) (Stating that experts thought a direct examination of the Accused was necessary and that a report of their findings with recommendations is due on 28 February 2012)
- Report Concerning Mrs. Ieng Thirith in Response to Trial Chamber Request Dated 6 January 2012 (24 Feb 2012) (Providing recommendations to improve the Accused’s cognitive abilities)
- Defence Team Members List (10 Feb 2012) (Providing the most up-to-date list of all Defence Team Members)
- List of Defence Team Members (8 Feb 2012) (Providing the most up-to-date list of each Defence Team Member)
- Update Regarding Trial Chamber’s Direction to Medical Experts Requesting New Information Regarding Ieng Thirith (31 Jan 2012) (Stating the Trial Chamber granted an extension of time for the filing of the new report by experts until 10 February 2012)
- Request to Trial Chamber Experts Following Supreme Court Chamber Decision on Appeal Against Accused Ieng Thirith’s Release (E138/1/7) (6 Jan 2012) (Requesting that the treating physicians of the Accused initiate medical treatment that may improve the Accused’s cognitive abilities so that she may be fit to stand trial and directing medical experts who have examined the Accused to provide all relevant information to the Trial Chamber)
- Ieng Thirith, TC, Judicial Recess During Christmas and New Year Period (20 Dec 2011) (Advising the parties that it will take a recess from 26 Dec 2011 – 3 Jan 2011 and that it will not accept any documents for filing during that time)
- Ieng Thirith, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
- Ieng Thirith, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
- Ieng Thirith, TC, Notice of Change to Defence Team Members List(22 Nov 2011) (Noting all recent changes to the Defence Teams)
- Ieng Thirith, TC, Immediate Appeal Against Trial Chamber Decision to Order the Release of Accused Ieng Thirith (18 Nov 2011) (Requesting that the decision to release Ieng Thirith be annulled insofar as it releases the accused and amended to require the Accused to remain in detention to undergo medical treatment subject to review in six months)
- Ieng Thirith, TC, Trial Chamber Response to Lead Co-Lawyers and Civil Party Lawyers’ Request to Make a Brief Preliminary Remarks on Behalf of Civil Parties (E131/4) (15 Nov 2011) (Rejecting the request to make a brief preliminary remark on the views and concerns of the Civil Parties)
- Ieng Thirith, TC, Ieng Thirith Defence’s Objections to Co-Prosecutors’ and Civil Parties’ Lists of Documents to Be Used at First Phase of Trial (14 Nov 2011) (Claiming the right of the Accused to have sufficient time in which to prepare for trial has been violated and that the Trial Chamber should exclude documents that are not admissible pursuant to well recognized international jurisprudence)
- Ieng Thirith, TC, Co-Prosecutors’ Objections to Parties’ Proposed Document Lists for First Three Weeks of Trial (14 Nov 2011) (Stating the Co-Prosecutors do not object to the proposed documents on the lists of Ieng Sary, Khieu Samphan, Ieng Thirith or the Civil Party and that they reserve their position with respect to proposed new documents included on any of the lists
- Ieng Thirith, TC, Defence for Ieng Thirith’s Notification Regarding Opening Statement and Oral Testimony of the Accused at Trial (3 Nov 2011) (Stating the accused will not be making any statement during the opening stage of the trial nor will she testify due to her mental state)
- Ieng Thirith, TC, Judicial Recess During the Water Festival Period (2 Nov 2011) (Informing the parties that the Trial Chamber will recess during the Water Festival and will not accept any documents for filing during that time)
- Ieng Thirith, TC, Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
- Ieng Thirith, TC, List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
- Ieng Thirith, TC, List of Documents to be Admitted Before the Trial Chamber in Connection with the Witnesses and Civil Parties Who May Be Called During the First Three Weeks of Trial (1 Nov 2011) (Providing to the Trial Chamber Ieng Thirith’s list of documents the defence considers seeks to admit and seeking assurance that it will be permitted to add to the list if needed)
- Ieng Thirith, TC, Annex A- Ieng Thirith Indication of Documents Relevant to the First Trial Segment (1 Nov 2011) (Listing documents in the case file to be admitted before the Trial Chamber)
- Ieng Thirith, TC, Co-Prosecutors’ Notification of Documents to Be Put Before the Chamber in Connection With Those Witnesses and Experts Who May Be Called During the First Three Weeks of Trial with Confidential Annex A (1 Nov 2011) (Notifying the Trial Chamber they will seek to admit documents identified in Annex A in connection with the parties called to testify in the first three weeks of trial)
- Ieng Thirith, TC, Civil Parties List of Documents Relevant to the Initial Trial Session (28 November- 16 December 2011) (28 Oct 2011) (Requesting that the Trial Chamber file a corrigendum listing the entirety of the documents filed for the first four segments and to admit all the annexes of E109/2)
- Ieng Thirith, TC, Civil Parties Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 and for Clarification on Trial Scheduling and Preparation (28 Oct 2011) (Requesting the Trial Chamber schedule a Trial Management Meeting before Nov. 21st and that the chamber respond to any questions presented in the document before the commencement of trial)
- Ieng Thirth, TC, Co-Prosecutor’s Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 (21 Oct 2011) (Requesting that the Trial Chamber schedule a trial management meeting and weekly trial status meetings to allow for the parties to communicate regularly)
- “Lead Co-Lawyers and Civil Party Lawyers Request for Reconsideration of the Terms of the Severance Order E124 (18 Oct 2011) (Requesting the Trial Chamber reconsider its severance order and grant the opportunity to debate the issue in a public hearing in the interests of justice)
- Expertise Report Prepared in Response to the Trial Chamber’s Expertise Order Document Number E111, Dated 23 August 2011(9 Oct 2011) (Providing findings based on an examination of Ieng Thirith)
- Ieng Thirith, TC, Lead Co-Lawyers Urgent Request on the 19 October 2011 Hearing Following the Chambers’ Memorandum E125 (7 Oct 2011) (Requesting the Trial Chamber postpone the 19 October 2011 hearing)
- Ieng Thirith, TC, International Co-Prosecutors’ Disclosure to Trial Chamber Regarding Interviews of Case 002 Witnesses in Cases 003 and 004 with Strictly Confidential Annex A (6 Oct 2011) (Seeking direction from the Trial Chamber with regards to interviews conducted of Case 002 witnesses in the judicial investigations of Case 003 and Case 004)
- Ieng Thirith, TC, Co-Prosecutors Joint Response to ‘Ieng Sary’s Request for Access to Strictly Confidential Documents on the Case File’ and ‘Ieng Thirith Defence Motion Supporting in Part ‘Ieng Sary’s Request for Access to Strictly Confidential Documents on the Case File (3 Oct 2011) (Asking the Trial Chamber to dismiss the request insofar as it relates to all strictly confidential documents and that the Trial Chamber issue protective orders and redact confidential material with regards to documents that may be viewed)
- Ieng Thirith, TC, Co-Prosecutors’ Request for Reconsideration of ‘Severance Order Pursuant to Internal Rule 89ter (3 Oct 2011) (Requesting that the Trial Chamber revise its order and arguing that the current order needs to be reformulated in the interest of justice)
- Ieng Thirith, TC, Co-Prosecutors’ Consolidated Reply to Defense Responses to Co-Prosecutors’ Requests to Re-characterize Charges in the Indictment and to Exclude the Nexus Requirement for an Armed Conflict to Prove Crimes Against Humanity (11 Aug 2011) (Asking the Trial Chamber to grant their request and, in doing so, reject defense’s argument that excluding the nexus requirement would violate the principle of legality)
- Ieng Thirith, TC, Co-Prosecutors’ Reply to the Responses Regarding the Admission of Written Witness Statements Before the Trial Chamber (10 Aug 2011) (Responding to defense’s opposition to the OCP’s motion to allow the submission of written witness statements at trial)
- Ieng Thirith, TC, Defense Response to Co-Prosecutors’ Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP’s motion, arguing that the OCP failed to establish that JCE III was part of customary international law during the ECCC’s temporal jurisdiction)
- Ieng Thirith, TC, Defense Response to Co-Prosecutors’ Request for the Trial Chamber to Re-characterize the Facts Establishing Rape as the Crime Against Humanity of Rape Rather than the Crime Against Humanity of Other Inhumane Acts (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP’s motion)
- Ieng Thirith, TC, Co-Prosecutors’ Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 June 2011)
- Ieng Thirith, TC, Joint Response of Ieng Sary, Ieng Thirith and Nuon Chea on Co-Prosecutors’ Submission on Statute of Limitations for National Crimes (17 June 2011) (Requesting the Trial Chamber to reject the submission)
- Ieng Thirith, TC, Co-Prosecutors’ Request for the Trial Chamber to Recharacterize the Facts Establishing the Conduct of Rape as the Crime Against Humanity of Rape Rather than the Crime Against Humanity of Other Inhumane Acts (16 June 2011)
- Ieng Thirith, TC, Co-Prosecutors’ Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (15 June 2011)
- Ieng Thirith, TC, Co-Prosecutors’ Submission on Statute of Limitations for National Crimes (27 May 2011) (Requesting the Trial Chamber to dismiss all defense appeals related to the statute of limitations for national crimes)
- Ieng Thirith, TC, Ieng Thirith Notification to the Trial Chamber in Response to the Order to File a Joint List of Uncontested Facts (25 Mar 2011) (Stating that defense cannot respond to the order because defense counsel has yet to receive guidance from their client)
- Ieng Thirith, TC, Co-Prosecutors’ Response to Ieng Thirith’s Response to the Co-Prosecutors’ Request for an Extension of Time and Page Limit to Respond to Preliminary Objections of the Accused (4 Mar 2011) (Responding to defense and restating their request for an extension of 20 pages and 14 days to respond to preliminary objections of all defense teams)
- Ieng Thirith, TC, Ieng Thirith Defense Response to Co-Prosecutors’ Request for an Extension of Time and Page Limit to Respond to Preliminary Objections of the Accused (2 Mar 2011) (Requesting the Trial Chamber to reject Co-Prosecutors’ request)
- Ieng Thirith, TC, Ieng Thirith Defense Notice of Appeal Against TC’s Decision on the Urgent Application for the Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (2 Mar 2011)
- Ieng Thirith, TC, Ieng Thirith Defense Reply to Co-Prosecutors’ Joint Response to Ieng Thirith, Ieng Sary and Nuon Chea’s Applications for Disqualification of the Judges (1 Mar 2011) (Requesting disqualification of the Trial Chamber Judges for the appearance of bias)
- Ieng Thirith, TC, Co-Prosecutors’ Request for an Extension of Time and Page Limit to Respond to Preliminary Objections of the Accused (1 Mar 2011) (Requesting an extension of 20 pages and 14 days for filing a joint response to all preliminary objections of defense, citing a multitude of objections as their justification)
- Ieng Thirith, TC, Co-Prosecutors’ Response to Ieng Thirith, Ieng Sary and Nuon Chea’s Applications for Disqualification of the Judges (23 Feb 2011) (Requesting the Trial Chamber to dismiss the applications)
- Ieng Thirith, TC, Co-Prosecutors’ Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
- Ieng Thirith, TC, Ieng Thirith Further Information on Witnesses and Expert (23 Feb 2011) (Offering summaries of witness testimony and the qualifications of an expert in Annex A of the motion)
- Ieng Thirith, TC, Ieng Thirith List of Proposed Witnesses and Expert (15 Feb 2011)
- Ieng Thirith, TC, Ieng Thirith Defense’s Preliminary Objections (14 Feb 2011) (Asking the Trial Chamber to rule that the ECCC lacks jurisdiction for certain crimes and forms of liability)
- Ieng Thirith, TC, Defense Reply to Co-Prosecutors’ Response to Urgent Ieng Thirith Defense Request for Additional Time and Pages for Preliminary Objections (04 Feb 2011) (Asking the Trial Chamber to 1) reject Co-Prosecutors’ arguments against extending the time limit for preliminary objections and 2) grant the original request for a deadline extension)
- Ieng Thirith, TC, Ieng Thirith Defense Application for Disqualification of Judges Nil Nonn, Sylvia Cartwright, Ya Sokhan, Jean-Marc Lavergne and Thou Mony (01 Feb 2011) (Requesting the Trial Chamber to dismiss all judges that heard Case 001 from Case 002, arguing that a failure to do so would give rise to the perception of bias because many of the issues decided in Case 001 will be reargued in Case 002)
- Ieng Thirith, TC, Co-Prosecutors’ Observations on Ieng Thirith’s Request for Additional Time and Pages for Preliminary Objections(31 Jan 2011) (Opposing defense’s request for additional time to file preliminary objections, but not the request for additional pages)
- Ieng Thirith, TC, Ieng Thirith Defense Reply to Co-Prosecutors’ Response to Defense Request to Determine Deadlines (31 Jan 2011) (Asking the Trial Chamber to reject Co-Prosecutors’ response to defense’s original request for clarification of Rule 80 and 89 deadlines)
- Ieng Thirith, TC, Letter from Ieng Thirith to Trial Chamber (28 Jan 2011) (Waiving her right to be present at the detention hearing scheduled for January 31, 2011)
- Ieng Thirith, TC, Defense Request for Variation of Internal Rule 80 to Order the Co-Prosecutors to Disclose the List of Exhibits Prior to the Defense Providing an Additional List of Witnesses (27 Jan 2011) (Requesting the Trial Chamber to order the Co-Prosecutors to disclose their list of exhibits and witnesses before requiring the Charged Person to do so)
- Ieng Thirith, TC, Urgent Ieng Thirith Defense Request for Additional Time and Pages for Preliminary Objections (25 Jan 2011) (Requesting the Trial Chamber to increase the page limits for preliminary objections from 15 to 45 pages and for the 30-day time period for filing those objections to be extended to 60 days)
- Ieng Thirith, TC, Co-Prosecutors’ Observations on Ieng Thirith’s and Nuon Chea’s Urgent Defense Request to Determine Deadlines(25 Jan 2011) (Requesting the Trial Chamber to reject Ieng Thirith’s and Nuon Chea’s requests to adjust the commencement date of time limits imposed by Rules 80 and 89)
- Ieng Thirith, TC, Urgent Defense Request to Determine Deadlines(14 Jan 2011) (Requesting the Trial Chamber to clarify the deadlines imposed by Internal Rules 80 and 89)
- Ieng Thirith, TC, Urgent Request for Immediate Release of Madame Ieng Thirith (21 Jan 2011) (Requesting release for violation of Internal Rule 68)
Orders, Decisions, and Judgments
- Decision on the Implementation of the Supreme Court Chamber’s ‘Decision on Immediate Appeal Against the Trial Chamber’s Order to Unconditionally Release the Accused Ieng Thirith’ (E138/1/10/1/5/8) (26 Mar 2013) (Rejecting the request for information on the interpretation of the Decision and forwarding the request to the Supreme Court Chamber for any further action it deems appropriate).
- Decision on Reassessment of Accused Ieng Thirith’s Fitness to Stand Trial Following Supreme Court Chamber Decision of 13 December 2011 (13 Sept 2012) (Reaffirming that Ieng Thirith is unfit to stand trial, continuing its stay of proceedings against Ieng Thirith indefinitely and ordering the immediate release of Ieng Thirith from the ECCC detention facility)
- Ieng Thirith, TC, Decision on Ieng Thirith’s Fitness to Stand Trial (17 Nov 2011) (Finding the Accused Ieng Thirith unfit to stand trial, ordering the severance of the charges against Ieng Thirith from the indictment in Case 002, declaring the proceedings against Ieng Thirith in Case 002 to be stayed, and ordering the release of Ieng Thirith from the ECCC Detention Facility)
- Ieng Thirith, TC, Decision on Nuon Chea’s Fitness to Stand Trial and Defense Motion for Additional Medical Expertise (15 Nov 2011) (Finding the Accused Nuon Chea is fit to stand trial and dismissing the Defence request for additional expertise)
- Ieng Thirith, TC, Decision on Co-Prosecutors’ Request to Exclude Armed Conflict Nexus Requirement From the Definition of Crimes Against Humanity (26 Oct 2011) (Granting the Co-Prosecutor’s request to exclude the armed conflict nexus requirement from the definition of crimes against humanity in Case 002)
- Ieng Thirith, TC, Scheduling Order for Opening Statements and Hearing on the Substance in Case 002 (18 Oct 2011) (Scheduling the commencement of opening statements in Case 002 for November 21, 2011 and scheduling the initial segment of the hearing of evidence from November 28-December 16, 2011)
- Ieng Thirith, TC, Decision on Co-Prosecutors’ Request for Reconsideration of the Terms of the Trial Chamber’s Severance Order (E124/2) and Related Motions and Annexes (18 Oct 2011) (Rejecting the Co-Prosecutors’ request for reconsideration of its severance order)
- Ieng Thirith, TC, Scheduling Order for Hearings of 19 and 20 October 2011 (10 Oct 2011) (Scheduling a hearing on 19 October 2011 to allow the Civil Party Lead Co-Laywers to present their revised reparations specifications and scheduling an additional hearing on 19 October 2011 to permit questioning of the Psychiatric Experts concerning their conclusions regarding Accused Ieng Thirith’s fitness to stand trial)
- Ieng Thirith, TC, Severance Order Pursuant to Internal Rule 89ter (22 Sept 2011) (Severing Case 002 into multiple trials defined by subject matter, with each trial focusing on distinct portions of the Indictment)
- Ieng Thirith, TC, Decision on the Applicability of Joint Criminal Enterprise (12 Sept 2011) (Finding JCE I and JCE II applicable forms of criminal liability under the ECCC’s jurisdiction, but finding JCE III inapplicable because it was not part of customary international law between 1975 and 1979)
- Ieng Thirith, TC, Decision on Ieng Thirith and Ieng Sary’s Applications for Disqualification of Judge You Ottara from the Special Bench & Requests for a Special Hearing (9 May 2011) (Denying the applications)
- Ieng Thirith, TC, Trial Chamber Response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71 and E73 Following Trial Management Meeting of 5 April 2011 (8 Apr 2011)
- Ieng Thirith, TC, Directions to Parties Concerning Preliminary Objections and Related Issues (5 Apr 2011)
- Ieng Thirith, TC, Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (16 Feb 2011) (Rejecting the applications)
- Ieng Thirith, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
- Ieng Thirith, TC, Directive on Access to the Detention Facility and the Case File by Members of Defense Teams (26 Jan 2011) (Clarifying procedures that allow defense teams to access the detention facility and case file)
Pleadings
Orders, Decisions, and Judgments
- Order Scheduling Appeal Hearing (5 Nov 2012) (Scheduling an appeal hearing for 13 November 2012)
- Decision on Co-Prosecutors’ Request to File Supplementary Submissions on the Appeal Against the Release Order of Ieng Thirith (17 Sept 2012) (Granting the request to file supplementary materials no later than September 28th 2012)
- Decision on Co-Prosecutors’ Request for Stay of Release Order of Ieng Thirith (16 Sept 2012) (Granting the request insofar as it orders unconditional release but, pending determination of the appeal, granting release subject to a few conditions)
- Ieng Thirith, SC, Separate Dissenting Opinion of Judge Nihal Jayasinghe (13 Dec 2011) (Dissenting from the Majority’s Opinion that the Accused should remain detained)
- Ieng Thirith, SC, Response by Defence for Madame Ieng Thirith to Co-Prosecutors Appeal Against the Trial Chamber’s Decision of 17 November 2011 (28 Nov 2011) (Stating the Co-Prosecutor’s Appeal should not be admissible, the Trial Chamber’s decision should not be annulled nor did it make an error of law, and requesting that the Supreme Court should confirm the decision of the Trial Chamber and order the release of Ieng Thirith).
- Ieng Thirith, SC, Decision on Co-Prosecutors’ Request for Stay of Release Order (19 Nov 2011) (Granting Co-Prosecutors’ request to stay the release of Ieng Thirith and ordering that the Accused shall remain in custody until the Supreme Court Chamber reaches a decision on the Co-Prosecutors’ Appeal)
- Ieng Thirith, SC, Decision on Co-Prosecutors’ Request to File Supplementary Submissions and Direction Regarding Appeal Filings (21 Nov 2011) (Granting the Co-Prosecutors request in part, allowing them to file supplementary written appeal submissions no later than Nov 22, directing that the Accused must file any response to the Appeal, supplementary written appeal submissions, and/or appeal submissions from other parties by Nov 28, and ordering that no other party shall file a response to the Co-Prosecutors Appeal and that no reply shall be filed to the Accused’s response)
- Ieng Thirith, SC, Co-Prosecutors’ Supplementary Submissions on Appeal Concerning the Release of Accused Ieng Thirith (22 Nov 2011) (Addressing evidence and supporting arguments that could not be sufficiently addressed in the Appeal itself in favor of annulling the unconditional release of the Accused)
- Ieng Thirith, SC, Co-Prosecutors’ Request for Stay of Release of Accused Ieng Thirith (18 Nov 2011) (Requesting the President of the Supreme Court Chamber stay the release of Accused Ieng Thirith)
- Ieng Thirith, SC, Amendment of Requirement to File Copies of Authorities (28 Oct 2011) (Exempting the parties in Case 002 from filing copies of authorities that are already in the public domain and easily accessible)
- Ieng Thirith, SC, Decision on Immediate Appeals by Nuon Chea and Ieng Thirith on Urgent Applications for Immediate Release (3 Jun 2011) (Rejecting the appeals)
- Ieng Thirith, SC, Decision on Ieng Thirith’s Application to Disqualify Judge Som Sereyvuth for Lack of Independence (3 Jun 2011) (Rejecting the application)
Office of Administration
Miscellaneous