Case 002: Khieu Samphan
- Written Record of Interview of Witness (28 Aug 2012) (Providing the written transcript of the interview of Witness Norng Sophang).
- Khieu Samphan, OCIJ, Inter-Office Memorandum of the CIJs Concerning the Legal Representation of Civil Parties (28 June 2010).
- Khieu Samphan, OCIJ, Order on Request for annulment for abuse of procedure, D197/4 (2 March 2010).
- 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).
- 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).
- Khieu Samphan, 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).
- Order on Khieu Samphan’s Request for Extension of Time Limit (3 Feb 2009) (Granting the request for an extension of time).
- Khieu Samphan, 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).
- Khieu Samphan, OCIJ, Order On Extension of Provisional Detention (18 Nov 2008) (extending provisional detention for one year) (French).
- Khieu Samphan, OCIJ, Order Refusing Request for Release (28 Oct 2008).
- Partial Transcript of Recorded Interview with Mr. Oeun Tan (9 Oct 2008) (Providing a partial transcript of the interview of Mr. Oeun Tan).
- Khieu Samphan, OCIJ, Order Refusing the Request for Release(23 June 2008).
- Khieu Samphan, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008).
- Khieu Samphan’s Lawyers’ Notification of Languages of Filing and Receipt of Documents (9 Jan 2008) (Notifying the OCIJ of the intent to file documents in Khmer and French).
- Khieu Samphan, OCIJ, Order of Provisional Detention (19 Nov. 2007).
Pleadings
- Delegation of Authority (22 November- 14 December 2012)* (22 Nov 2012) (Informing the parties of the Senior Legal Officer’s annual leave and of her replacement during that time period)
- Co-Prosecutors’ Response to Nuon Chea Notice of Joinder to Ieng Sary’s Request E-234 (19 Nov 2012) (Objecting to the timeliness of the filing and requesting that the joinder be dismissed)
- Co-Prosecutors’ Response to ‘Ieng Sary’s Request for the Trial Chamber to Hold a Public Hearing and Take Evidence Concerning the OCIJ’s Widespread and Systematic Practice of Conducting Unrecorded Interviews with Witnesses (15 Nov 2012) (Submitting that the request be dismissed because the Defence failed to meet the burden necessary for the Chamber to open an investigation)
- Preliminary Response to Co-Prosecutors’ Further Request to Put Before the Chamber Written Statements and Transcripts (8 Nov 2012) (Seeking clarification concerning the legal standards applicable to the admission of written statements, submitting categories of evidence that are inadmissible, and reserving the right to identify further categories of statements)
- Civil Party Lead Co-Lawyers’ List of Civil Parties to Be Called Concerning Population Movement Phases 1 and 2 in Trial 002/01, Including Confidential Annex 1 (23 Aug 2012) (Submitting a list of the Civil Parties they propose to be called in relation to population movement phases 1 and 2)
- Khieu Samphan, 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)
- Khieu Samphan, PTC, Pros., Response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)
- Khieu Samphan, PTC, Def., Letter from Director of Detention Facility to PTC Judges (27 May 2010) (informing the PTC that the charged person cannot appear in court due to fatigue)
- Khieu Samphan, PTC, Def., Reply to the Co-Prosecutors’ Joint Response on Joint Criminal Enterprise, D97/16/9 (25 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).
- Khieu Samphan, PTC, Def., Reply to the Co-Prosecutors’ Response to Mr. Khieu Samphan’s Appeal against the Order on the Request for Investigative Action to Seek Exculpatory Evidence in the SMD, D164/4/10 (26 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).
- Khieu Samphan, PTC, Pros., Observations on Khieu Samphan’s Request for Reconsideration of the Pre-Trial Chamber’s Order dated 20 August 2009 about Oral Hearing, D164/4/8 (28 September 2009)
- Khieu Samphan, PTC, Pros., Observations on Khieu Samphan’s Request for Reconsideration of the Pre-Trial Chamber’s Order dated 20 August 2009 about Oral Hearing, D164/4/8 (28 September 2009)
- 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).
- Mr. Khieu Samphan’s Appeal Against the Order on Use of Statements Which Were or May Have Been Obtained by Torture (27 Aug 2009) (Requesting that the Pre-Trial Chamber order all prohibited evidence to be withdrawn from the proceedings).
- Khieu Samphan, 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)
- Kheiu Sampan, PTC, Pros., Response to Appeal Against the Order Refusing Request for Immediate Release, C40/5/2 (28 Jan. 2009)
- Khieu Sampan, PTC, Pros., Response to the Appeal Against the Order Extending Provisional Detention, C26/5/10 (22 Jan. 2009)
- Khieu Samphan, PTC, Pros., Response to Supplemental Application for Release (16 Dec 2008)
- Khieu Samphan, PTC, Def., Extremely Urgent Supplemental Application for Release (4 Dec 2008)
- Khieu Samphan, PTC, Def., Appeal Against the Order Extending Provisional Detention (4 Dec 2008) (French)
- Khieu Samphan, PTC, Def., Appeal Against 28 October OCIJ Order Refusing Request for Release (27 Nov 2008) (French)
- Khieu Samphan, PTC, Pros., Response to Translation Rights and Obligations of the Parties (28 Aug. 2008)
- Khieu Samphan, PTC, Def., Notification of Defence Counsel’s Position Regarding Appeal Against Provisional Detention (21 Aug. 2008)
- Khieu Samphan, PTC, Def., Appeal Against OCIJ Decision Concerning Translation Rights and Oblications (22 July 2008)
- Khieu Samphan, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
- Khieu Samphan, PTC, Def. (with lawyers for Nuon Chea, Ieng Sary, and Ieng Thirith), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
Orders, Decisions, and Judgments
- Khieu Samphan, 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)
- Khieu Samphan, PTC, Decision on Khieu Samphan’s Appeal Against the Closing Order (21 Jan 2011) (Rejecting the appeal)
- Khieu Samphan, PTC, Decision on Khieu Samphan’s Appeal Against the Closing Order (13 Jan 2011) (Rejecting the appeal, but granting two requests for changes to the Closing Order, and sending the case to trial)
- Khieu Samphan, PTC, Decision on Khieu Samphan’s Interlocutory Application for an Immediate and Final Stay of Proceedings for Abuse of Process (12 Jan 2011) (Finding the application inadmissible because the alleged abuses did not raise serious issues of fairness and were not egregious enough to justify a stay of proceedings)
- Khieu Samphan, PTC, Decision on Request for Translation of All Documents Used in Support of the Closing Order (15 Dec 2010) (rejecting defense’s request to have all documents supporting the Closing Order translated into French)
- Khieu Samphan, 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)
- Khieu Samphan, 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 (4 August 2010)
- Khieu Samphan, PTC, Decision on Appeal of Co-Lawyers for Civil Parties against Order Rejecting Request to Interview Persons named in the Forced Marriage and Enforced Disappearance Requests for Investigative Action (21 July 2010)
- Khieu Samphan, 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 (14 July 2010)
- Khieu Samphan, PTC, Warning for unauthorised disclosure of confidential information (9 July 2010)
- Khieu Samphan, PTC, Decision on the Appeal against the “Order on the Request to place on the Case File the documents relating to Mr. Khieu Samphan’s Real Activity” (7 July 2010)
- Khieu Samphan, PTC, Decision on Co-Prosecutors’ Appeal against the Co-Investigating Judges Order on Request to Place on Case File Additional Evidentiary Material which assists in proving the Charged Persons’ Knowledge of the Crimes (15 June 2010)
- Khieu Samphan, PTC, Decision on the Appeals Against the Co-Investigative Judges Order on Joint Criminal Enterprise (JCE), D97/15/9 (20 May 2010)
- Khieu Samphan, PTC, Decision on Khieu Samphan’s Appeal Against the Order on the Request for Anulment for Abuse of Process (4 May 2010)
- Khieu Samphan, PTC, Decision on Khieu Samphan’s Appeal against Order on Extension of Provisional Detention (30 April 2010)
- Khieu Samphan PTC, Decison on admissibility of the appeal against Co-investigating judges’ order on use of statements which were or may have been obtained by torture, D130/10/12 (27 January 2010)
- Khieu Samphan, PTC, Decision to determine the appeal on written submissions and direction for a reply, D197/5/3 (27 January 2010)
- Khieu Samphan, PTC, Decision on the Admissibility of the Appeal Lodged by Khieu Samphan and Directions to the Co-Prosecutors, D164/4/7 (22 September 2009)
- Khieu Samphan, PTC, Decision on Appeal Against Order Refusing Request for Release and Extension of Provisional Detention Order, C26/5/26 (3 July 2009) (finding that the OCIJ had properly exercised its discretion in the challenged orders, and accordingly affirming them)
- Khieu Samphan, PTC, Warning to International Co-Lawyer, C26/5/22 (19 May 2009) (warning international co-counsel Jacques Verges that he faces sanctions under IR 38 if he continues conduct that is abusive, offensive, or otherwise obstructs proceedings)
- Khieu Sampham, PTC, Decision on Appeal Against the Order on Translation Obligations of the Parties, A190/I/20 (20 Feb. 2009) (finding the appeal inadmissible, because the challenged Translation Order does not fall within any of the enumerated categories of appealable decisions established by Rule 74(3)(b))
- Khieu Samham, PTC, Decision on Co-Prosecutor’s Request to Determine the Appeal on the Basis of Written Submissions and Scheduling Order, C26/5/13 (6 Feb. 2009) (rejecting the Co-Prosecutor’s request and scheduling oral hearings)
- Khieu Sampham, PTC, Decision on the Co-Prosecutor’s Application for Extension of Time to File their Response to the Appeal Against Extension of Provisional Detention, C26/5/9 (8 Jan. 2009)(extending the filing deadline by 5 days)
- Khieu Samphan, PTC, Decision on Supplemental Application for Release (24 Dec 2008) (finding the application inadmissible)
- Khieu Samphan, PTC, Written Version of Oral Decision on Civil Party Application for Oral Submissions in Hearing on Appeal Against Translation Order (5 Dec 2008) (denying civil party request for oral submission at hearing, on the grounds of insufficient notice)
- Khieu Samphan, PTC, Rule 77(10) Report of Examination of Appeal Against Translation Order (3 Dec 2008) (reviewing issues presented by the appeal against translation order and the positions of the parties on those issues, pursuant to Internal Rule 77(10))
- Khieu Samphan, PTC, Decision on Request for a Public Hearing (4 Nov 2008) (allowing an oral hearing on Khieu Samphan’s appeal against the decision refusing his request for translation of his case file)
- Khieu Samphan, PTC, Direction to the Defence Concerning the Appeal Against Provisional Detention Order (15 Aug. 2008) (Note: Giving the Defence 7 days to advise the PTC on the status of their appeal)
- Khieu Samphan, PTC, Decision on Application to Adjourn Hearing on Provisional Hearing Appeal (23 April 2008)(Note: Adjourning the hearing but warning the international co-lawyer for the defence pursuant to IR 38)
- Khieu Samphan, PTC, Report of Examination (22 April 2008)(Note: Describing the Co-Investigating Judges’ Order of Provisional Detention, the submissions of the Prosecution and Defence, and relevant facts from the case file, in anticipation of the hearing of the appeal against provisional detention)
Pleadings
- Co-Prosecutor’s Notice of Appeal of the Trial Judgement in Case 002/02 (21 June 2019) (Notifying the Trial Chamber that the Co-Prosecutors of Nuon Chea and Khieu Samphan seek to appeal the Trial Judgement in Case 002/02, alleging that the Trial Chamber erred in law and/or fact by finding that male victims of forced marriage who were coerced to have sexual intercourse without their free consent were not victims of the crime against humanity of Other Inhumane Acts).
- Civil Party Lead Co-Lawyers’ Comments and Objections Regarding the Trial Chamber Memorandum Entitled ‘Confidential Documents in Case 002/02 Judgment Proposed for Reclassification to Public,’ (6 May 2019) (Not objecting to the declassification of civil party applications in Annex A; Objecting to the declassification of the confidential annexes to its Final Claim for Reparation, Supplemental Submission on Funding Issues Related to Reparation Projects, and Request for Guidance).
- Defence Comments on Proposal to Reclassify Confidential Documents (30 Apr. 2019) (Making no objection to the Trial Chamber’s request to make public 1439 confidential documents).
- Khieu Samphan’s Closing Brief (002/02) (2 Oct. 2017).
- Co-Prosecutors’ Amended Closing Brief in Case 002/02, Part 2 (2 Oct. 2017).
- Co-Prosecutors’ Amended Closing Brief in Case 002/02, Part 1 (2 Oct. 2017).
- Civil Party Lead Co-Lawyers’ Amended Closing Brief in Case 002/02 (2 Oct. 2017).
- Civil Party Lead Co-Lawyers’ Final Claim for Reparation in 002/02 (With Confidential Annexes) (30 May 2017) (Presenting reparation projects that address the harms suffered as a result of the crimes within the scope of Case 002/02).
- Co-Prosecutor’s Closing Brief (2 May 2017).
- Civil Party Lead Co-Lawyers’ Closing Brief in Case 002/02 (Public Redacted with Confidential Annexes) (2 May 2017).
- Amicus Curiae Brief on Forced Marriage (29 Sept. 2016) (Addressing the issue of forced marriage as a crime against humanity of “other inhumane acts”).
- Civil Party Lead Co-Lawyers’ Immediate Appeal Against Trial Chamber Decision on Request for Confirmation of Scope of the Charges of Rape Outside the Context of Forced Marriage (28 Sept. 2016) (Requesting that the Trial Chamber Rescind its Decision on Lead Co-Lawyers’ Rule 92 Submission on the Scope of Case 002/02 Concerning the Charges of Rape Outside the Context of Forced Marriage and seeking to confirm that the Trial Chamber is seised of the factual allegations of rape at Tram Kok Collectives, S-21, and Kraing Ta Chan Security Centre).
- Co-Prosecutors’ Response to Civil Party Lead Co-Lawyers’ Request for Clarification Relating to Remaining Charges in Case 002 (19 Sept. 2016) (Submitting that it is in the interest of justice for the Trial Chamber to terminate proceedings in respect of those facts excluded from the scope of Case 002/02. Table of Authorities related to the request).
- Co-Prosecutors’ Rule 87(4) Application in Response to E327/4/5 (14 Sept. 2016) (Requesting that six documents identified in the Application be admitted into evidence).
- Civil Party Lead Co-Lawyers’ Request for Clarification Relating to Remaining Charges in Case 002 (9 September 2016) (Requesting that the Trial Chamber issue a Trial Chamber Work Plan, to be communicated to the parties; and that the Trial Chamber provide any additional clarifications or information relating to the remaining charges in Case 002 such that the Lead Co-Lawyers can fulfill their obligations to inform the civil parties under the internal rules).
- Co-Prosecutor’s Rule 87(4) Request to Admit One Document (1 Sept. 2016) (Requesting that the Trial Chamber admit a 1977 German diplomatic mission’s report into evidence).
- Co-Prosecutors’ Request to Admit S-21 Lists Pursuant to Rules 87(3) and 87(4) (31 Aug. 2016) (Requesting the admission into evidence several lists of S-21 prisoners).
- Co-Prosecutors’ Request to Admit Two Documents Pursuant to Rules 87(3) & 87(4) Relating to the Upcoming Testimony of 2-TCE-82 (31 Aug. 2016) (Requesting that the Trial Chamber admit into evidence a book and a study written by Nakagawa Kasumi).
- International Co-Prosecutor’s Disclosure of Case 004 Documents Relevant to Case 002 (29 Aug. 2016) (Requesting that Trial Chamber and the Supreme Court Chamber obtain and admit several documents from Case 004 into the case file for Case 002).
- Lead Co-Lawyers’ Request to Place Translations on the Case File with Two Confidential Annexes (9 Aug. 2016) (Requesting that the Trial Chamber place unrevised translations in the Case File such that they are available to the Chamber and the parties).
- Co-Prosecutors’ Submission Regarding Office of the Co-Investigating Judges Combined S-21 Prisoner List With Annexes A & B (8 Aug. 2016) (Submitting an annexed list of individuals at S-21 who were not included on the OCIJ S-21 Prisoner List).
- Lead Co-Lawyers’ Request to Conduct Video Link Testimony for Civil Party D22/2732 (8 Aug. 2016) (Requesting that the Trial Chamber allow a Civil Party to testify via video link).
- Co-Prosecutors’ and Civil Party Lead Co-Lawyers’ Joint Request for Additional Time to Examine Experts 2-TCE-81 and 2-TCE-82 (5 Aug. 2016) (Requesting that the Trial Chamber allocate six sessions to hear each of the two regulation of marriage experts, 2-TCE-81 and 2-TCE-82).
- Lead Co-Lawyers’ Submission of the List of Civil Parties To Testify During the Hearings on Harm Suffered (Fourth Segment) (1 Aug. 2016) (Requesting that the Trial Chamber approve the Provisional and Proposed Schedule).
- Co-Prosecutors’ Rule 87(4) Request Regarding Newly Available U.S. State Diplomatic Cables (22 Apr 2013) (Requesting to put 26 diplomatic cables from the US before the Chamber).
- Co-Prosecutors’ Note Regarding Trial Chamber Decision on TCW-624 Video-Link (E236/1/4/3) (11 Apr 2013) (Noting that the Co-Prosecutors did file a response to the objections).
- Initial Request to Place Before the Chamber Extracts of the Book Authored by Judge Marcel Lemonade (10 Apr 2013) (Requesting that the recently published book be admitted into evidence)
- Co-Prosecutors’ Submission of Revised Annexes 12 and 13 of their Rule 80(3) Trial Document List (Witness Statements and Complaints) (9 Apr 2013) (Submitting their revised document list containing interview statements and complaints).
- Co-Prosecutors’ Request to Clarify Closing Order Paragraphs Included Following 29 March 2013 Severance Announcement (8 Apr 2013) (Requesting that the Chamber clarify the scope of the allegations and charges relating to the forced movement of the Cham population).
- Co-Prosecutors’ Response to Khieu Samphan’s Rule 87(4) Request (8 Apr 2013) (Requesting that the Chamber dismiss the request but admit the interview on its own initiative).
- Co-Prosecutors’ Request to Confirm Availability of Written Reasons for Revised Severance Order (5 Apr 2013) (Requesting that written reasons for the severance order be available in at least one language by 12 April 2013).
- Application for Mr. Khieu Samphan’s Immediate Release on Bail (29 Mar 2013) (Requesting that the Chamber find that it is no longer necessary to keep the Accused in provisional detention).
- Internal Rule 87(4) Request to Put Before the Chamber an Interview with the late Norodom Sihanouk (28 Mar 2013) (Requesting an additional video be put before the Chamber).
- Mr. Khieu Samphan’s Request to Put Before the Chamber A New Document (26 Mar 2013) (Requesting an interview of Expert Philip Short be put before the chamber).
- Co-Prosecutors’ Response to Khieu Samphan’s 22 February 2013 Objections to the Admissibility of New Documents (21 Mar 2013) (Request that the Chamber find that the Defence was already afforded an opportunity to challenge the documents listed).
- Reply to Co-Prosecutors’ Rule 92 Submission Regarding Civil Party Testimony (4 Mar 2013) (Requesting that the Chamber dismiss the Co-Prosecutors’ request to give the same probative value to both witness and civil party testimony).
- Response to the ‘Co-Prosecutors’ Request to Put Before the Chamber Two Letters by Amnesty International Addressed to Khieu Samphan and Ieng Sary (4 Mar 2013) (Requesting that the Chamber dismiss the request or in the alternative rule that the documents are inadmissible).
- Lead Co-Lawyers’ Response to Trial Chamber Directives on the Tendering into Evidence of Civil Party Written Statements & Other Documents (With Confidential & Strictly Confidential Annexes) (4 Mar 2013) (Providing the Chamber with specifics on the Civil Party Written Statements they seek to admit into evidence and requesting admission of certain statements into evidence).
- Co-Prosecutors’ Rule 87(4) Request to Place Photographs on the Case File Which are Relevant to the Expert Witness Testimony of Elizabeth Becker (1 Mar 2013) (Requesting to place 12 photographs on the Case File).
- Co-Prosecutors’ Request to Establish Procedure Regarding Admission of Documents not Translated in all ECCC Languages (28 Feb 2013) (Asking to clarify the status of translation issues and requesting the Chamber to determine the admissibility of documents not translated into all three languages).
- Objections to Admissibility of New Documents (22 Feb 2013) (Requesting that the documents be ruled inadmissible because the Accused did not have an opportunity to participate in adversarial proceedings on the documents).
- Co-Prosecutors’ Joint Response to Ieng Sary & Khieu Samphan Objections to the Admission of Certain Documents (22 Feb 2013) (Requesting that the Chamber reject all of the Defence objections to the admissibility of the documents).
- Co-Prosecutors’ Rule 92 Submission Regarding Civil Party Testimony (21 Feb 2013) (Providing the Co-Prosecutors’ submissions concerning the weight to be afforded to Civil Party testimony).
- Notice of Changes to Defence Team Members List (12 Feb 2013) (Listing the addition of three interns to the Defence Teams)
- Lead Co-Lawyers’ Indication to the Trial Chamber of the Priority Projects for Implementation as Reparations (Internal Rule 80Bis(4)) with Confidential Annexes (12 Feb 2013) (Listing and providing details on seven prioritized reparations projects)
- Co-Prosecutors’ Follow-Up Request to Place on the Case File a Video Recording of a Lecture by Expert Witness Philip Short (24 Jan 2013) (Requesting to place the video on the Case File)
- Co-Prosecutors’ Rule 92 Submission on the Crime Against Humanity of Other Inhumane Acts in Respect of Forced Transfer (17 Jan 2013) (Addressing the elements of forced transfer based upon developments in international law)
- Resignation from All Mandates in Cases 002, 003, and 004 (16 Jan 2013) (Informing the Chamber of the resignation of International Civil Party Lawyer Silke Studzinsky)
- Notice of Changes to Defence Team Members List (9 Jan 2013) (Noting recent departures and additions to all Defence teams)
- Authorization to the Co-Prosecutors to Contact Professor Kiernan in Relation to the Missing Second Page of Document E3/1173 (8 Jan 2013) (Authorizing the Co-Prosecutors to contact the Professor and to re-file the document should they obtain the missing page)
- Consolidated Schedule of Witnesses and Experts for Early 2013 (8 Jan 2013) (Outlining the schedule of hearings for early 2013)
- Summons-Accused (20 Dec 2012) (Summonsing the Accuseds to court on 8 January 2013)
- Co-Prosecutors’ Response to Khieu Samphan’s ‘Application for Review of the Decision Not to Recall Civil Party TCCP-187, and to Amend the Procedure for Hearing Civil Parties (17 Dec 2012) (Supporting the request to recall Chau Ny but disagreeing that there has been any violation of the Accused’s rights)
- Judicial Recesses During 2013 (11 Dec 2012) (Informing the parties of the dates for all currently scheduled judicial recesses in 2013)
- Application for Reconsideration of the Decision Not to Recall Civil Party TCCP-187, and for Review of the Procedure for Hearing Civil Parties (7 Dec 2012) (Requesting that the Chamber recall Chau Ny to the witness stand)
- Co-Prosecutors’ Request for Clarification Regarding the Trial Chamber’s ‘Decision on Objections to Documents Proposed to be Put Before the Chamber in Co-Prosectuors’ Annexes A6-A11 and A14-A20 and by the Other Parties (7 Dec 2012) (Requesting confirmation that only witness statements and Civil Party applications must be translated into all three ECCC languages)
- Clarification Regarding Applicable Law Briefs (7 Dec 2012) (Clarifying that the Chamber has set strict page limits for closing briefs)
- Co-Prosecutors’ Request to Disclose A Prior Interview of Witness TCW-247, with Confidential Annex A (4 Dec 2012) (Requesting to put a summary record of the interview on the Case File)
- Indication of Priority Projects for Implementation as Reparation (Internal Rule 80bis(4)) (3 Dec 2012) (Clarifying that the implementation of reparations projects may begin prior to the verdict in Case 002/01 and that the Lead Co-Lawyers and Victims Support section should identify the funds available to support the projects)
- Observations Concerning Trial Chamber’s Request to Receive Final Legal Submissions by 21 December 2012 (26 Nov 2012) (Informing the Chamber of the Defence’s intent to file legal submissions after the conclusion of the hearing of evidence and repeating its request to file a 180 page brief)
- Further Notification of Modalities for Closing Briefs (26 Nov 2012) (Providing directions regarding the language, page limits, and deadlines for the Closing Briefs)
- Announcement of Upcoming Witnesses (26 Nov 2012) (Informing the parties of the witnesses scheduled to testify in December)
- Co-Prosecutors’ Response to the Trial Chamber’s Request to Indicate Additional Documents Relevant to the Population Movement and Tuol Po Chrey Trial Segments and Motion for Scheduling of Documentary Hearings (23 Nov 2012) (Putting 48 relevant documents before the Chamber and requesting the scheduling of seven admissibility and presentation hearings)
- Response to Co-Prosecutors’ Rule 87(4) Request to Place on the Case File Books Authored by Witnesses Francois Ponchaud and Sydney Schanberg (22 Nov 2012) (Requesting that the Chamber reject the request to place the entire books on the Case File and requesting that Chamber order the Co-Prosecutors to only place specific passages in the Case File)
- Co-Prosecutors’ Response to Request by Defense Counsel for Khieu Samphan Regarding Deadlines and Page Limits for Final Trial Briefs (22 Nov 2012) (Agreeing that the deadline for the briefs should be suspended to allow for the examination of all issues following the conclusion of the evidentiary hearings)
- Written Record of Proceedings (22 Nov 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (14 Nov 2012) (Providing a written record of the evidentiary proceedings on that date)
- Request to Reconsider the Terms of Memorandum E163/5 Pursuant to Which the Parties are to File Written Submissions Concerning the Applicable Law by 21 December 2012 (13 Nov 2012) (Requesting that the parties will not be required to submit advance submissions on applicable law and requesting that the Chamber and parties discuss the length of the Closing Briefs)
- Written Record of Proceedings (12 Nov 2012) (Providing a written record of the evidentiary proceedings and hearing on Ieng Sary health issues on that date)
- Written Record of Proceedings (8 Nov 2012) (Providing a written record of the hearing on Ieng Sary’s situation on that date)
- Written Record of Proceedings (5 Nov 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (6 Nov 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (25 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (24 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (23 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (22 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (19 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Written Record of Proceedings (18 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Forthcoming Document Hearings and Response to Lead Co-Lawyers’ Memorandum Concerning the Trial Chamber’s Request to Identify Civil Party Applications for Use at Trial (E208/4) and Khieu Samphan Defense Request to Revise Corroborative Evidence Lists (E223) (19 Oct 2012) (Stating that the Chamber will soon schedule hearings to challenge the remaining documents at issue in Case 002/01, advising that only statements which have been translated into all official ECCC languages can be offered before the Chamber as evidence, and granting to the Lead Co-Lawyers the opportunity to indicate which Civil Party Applications are part of the representative sample that they wish to offer into evidence)
- Written Record of Proceedings (10 Oct 2012) (Providing a written record of the evidentiary proceedings on that date)
- Preliminary Indication of Individuals to be Heard During Population Movement Trial Segments in Case 002/01 (2 Oct 2012) (Listing the witnesses likely to be heard at that segment of the trial)
- Individuals Sought by the Parties to be Heard at Trial (2 Oct 2012) (Listing the witnesses proposed to be withdrawn, deferred, or added by each party at trial)
- Mr. Ieng Sary’s Revocation of Waiver of Right to Be Present for the Testimony of TCW-428 (26 Sept 2012) (Revoking his waiver because of a new document the OCP seeks to introduce)
- Directions to Parties Following Hearing of 21 September 2012 (24 Sept 2012) (Advising the parties that the testimony of two expert witnesses has been deferred and announcing the schedule for the next hearing segment)
- Expert Witness Philip Short (TCE-65) Update (20 Sept 2012) (Stating that expert Philip Short is very busy and would prefer to testify in 2013 and that if a date is not set this week, he will not be able to come at all in 2012)
- Co-Prosecutors’ Response to Khieu Samphan’s ‘Submission in Support of Ieng Sary’s Request that the Trial Chamber Seek Clarification from the OCIJ as to the Existence of any Record Relating to the Questioning of Witness Oeun Tan on 8 October 2008’ (18 Sept 2012) (Requesting the the Chamber dismiss the request for failure to provide any legitimate grounds for the request)
- Co-Prosecutors’ Rule 87(4) Request to Place on the Case File an Audio Recording of a Lecture by Expert Philip Short, and to Use a Video Recording of the Lecture During the Examination of the Expert (17 Sept 2012) (Requesting to use both audio and video recordings of the lecture during the expert’s testimony)
- Continued the Adjournment of Hearing on 17 and 18 September 2012 (14 Sept 2012) (Informing the parties that the Chamber will not conduct hearings on those dates due to Ieng Sary’s extended stay in the hospital)
- Hearings Adjourned on 12 and 13 September 2012 (12 Sept 2012) (Informing the parties that the Chamber will not conduct hearings on those two dates because Ieng Sary was admitted to the hospital)
- Submission in Support of Mr. Ieng Sary’s Request that the Trial Chamber Seek Clarification From the OCIJ as to the Existence of Any Record Relating to the Questioning of Witness Oeun Tan on 8 October 2008 (10 Sept 2012) (Expressing support by Khieu Samphan’s Defence for the request and requesting that the Trial Chamber grant Ieng Sary’s request)
- Co-Prosecutors’ Response to Khieu Samphan’s Request to Revise Corroborative Evidence Lists (10 Sept 2012) (Reaffirming that the written statements the Co-Prosecutors wish to put forward meet the requirements of the Chamber and are directly relevant to the issues in Case 002)
- Co-Prosecutors’ Response to ‘Ieng Sary’s Request that the Trial Chamber Seek Clarification from the OCIJ as to the Existence of Any Record Relating to the Questioning of Witness Oeun Tan on 8 October 2008 (7 Sept 2012) (Stating that the Co-Prosecutor’s do not oppose the request but reject most of the reasoning the Defence put forth in support of the request)
- Response by Co-Prosecutors to Rule 87 Requests by Ieng Sary and Nuon Chea to Use Material During the Examination of Philip Short (5 Sept 2012) (Stating that each document should be reviewed for relevant material and that material may be used in the examination of Philip Short)
- No Hearing on 10 and 11 September (31 Aug 2012) (Informing the parties that the Trial Chamber will not sit on September 10th and 11th)
- Submission in Support of Mr. Ieng Sary’s Request E221, and Request for the Trial Chamber to Order the Co-Prosecutors to Revise the List of Written Statements They are Seeking to Put Before the Chamber in Lieu of Oral Testimony (29 Aug 2012) (Supporting the request to hear evidence from Mr. Phy Phuon surrounding an OCIJ interview).
- Notice of Co-Prosecutors’ Position on Key Issues to be Discussed at 17 August 2012 Trial Management Meeting (With Confidential Annex A) (15 Aug 2012) (Providing notice of the Co-Prosecutors’ positions regarding key issues that will be discussed at the trial management meeting)
- TC Request for ITU Comments on Khieu Samphan Defence Motion E195 and Envisaged Future Procedures for Correction of Transcripts, E195/1 (15 Aug 2012) (Stating that all identified shortcomings in the French transcripts are in the process of being corrected)
- Nuon Chea Defence Notice to the Trial Chamber Regarding Research at DC-Cam (E211) (13 Aug 2012) (Stating that there has never been any prohibition on reviewing information that is public and that the Chamber will not revisit general issues of the origin and custody of DC-Cam documents)
- Next Witnesses in Current Segment of Case 002/01 (7 Aug 2012) (Outlining the order in which the next batch of witnesses will be called)
- Scheduling of Trial Management Meeting to Enable Planning of the Remaining Trial Phases in Case 002/01 and Implementation of Further Measures Designed to Promote Trial Efficiency (3 Aug 2012) (Outlining the issues the Chamber intends to discuss at the Trial Management meeting along with the Chamber’s proposed solutions to any issues it sees)
- Annex: Co-Prosecutors’ Proposed Extension of Scope of Trial in Case 002/1 (E163) (3 Aug 2012) (Providing an analysis of the requested extensions that should guide the discussion at the Trial Management meeting, agreeing that some extension may be relevant but cautioning its potential effect on a speedy trial)
- Response to Outstanding Request in E216 (31 July 2012) (Rejecting the request to put the thesis of witness TCW-694 before the chamber in its entirety and instead placing six short extracts from the document into the Case File)
- Civil Party Lead Co-Lawyers’ Response to the Decision on the Co-Prosecutors’ Rule 92 Submission Regarding the Admission of Written Statements and Other Documents Before the Trial Chamber (E96/7), and to Memorandum E208/3, Including Confidential Annexes 1 and 2 (27 July 2012) (Requesting the Trial Chamber to note that civil party applications are different from written witness statements and cannot be subject to a prior restriction)
- Co-Prosecutors’ Further Request to Put Before the Chamber Written Statements and Transcripts with Confidential Annexes 1 to 16 (27 July 2012) (Requesting to put relevant written statements and information before the chamber in order to expedite trial and give the Chamber relevant information it would not hear orally otherwise)
- Khieu Samphan Defence Motion E195 and Envisaged Future Procedures for Correction of Transcripts (24 July 2012) (Referring the matter to the Interpretation and Translation Unit for comment and stating that the Interpretation and Translation Unit, not the Chamber, is the proper first point of recourse for translation issues)
- Decision on Assignment of Experts (5 July 2012) (Ordering the appointment of David Chandler, Philip Short and Elizabeth Becker as experts in Case 002)
- Co-Prosecutors’ Request to Admit Witness Statements Relevant to Population Movement Phases 1 and 2 (E208 and E208/2) and Ieng Sary Response (E208/1) (19 July 2012) (Requesting all parties to indicate which documents they propose to give in relation to the population movement phase 1 and 2 by 27 July 2012)
- Permitted Form of Assurances of Non-Prosecution (19 July 2012) (Stating the Witness and Expert Support Section can begin to supply Civil Parties with assurances of non-prosecution in accordance with the procedures set forth)
- Summons-Expert (8 June 2012) (Summoning Expert David Chandler to court on 16 July 2012)
- Response of Your Letter of 21 June 2012 Concerning the Trial Chamber’s Decision on Ieng Sary’s Rule 87(4) (E172/24/2/1) (16 July 2012) (Stating that the documents described in the motion are available to the parties contrary to what was suggested in the decision)
- Sixth Investigative Request of Co-Lawyers for Civil Parties Concerning the Charge of Genocide Against the Khmer Nationals (4 Feb 2010) (Requesting investigative action against the accused persons to determine whether the charge of genocide is justified)
- Response to Nuon Chea’s Request for a Public Oral Hearing Regarding the Calling of Defence Witnesses (5 July 2012) (Submitting that a public hearing is not necessary and that the Trial Chamber can just issue a written decision on the selection of witnesses and experts proposed by the Defence)
- Co-Prosecutors’ Request to Admit Witness Statements Relevant to Phase 2 of the Population Movement and Other Evidentiary Issues with Confidential Annexes I, II, III and Public Annex IV (5 July 2012) (Requesting that the Trial Chamber admit witness statements into evidence and rely on those statements in determining the charges of the accused persons in Case 002)
- Co-Prosecutors’ Request to Provide Case File 002 Documents to Professor David Chandler (4 July 2012) (Requesting that the Trial Chamber send David Chandler the documents they would like him to receive)
- Decision on Co-Prosecutors’ Rule 92 Submission Regarding the Admission of Witness Statements and Other Documents Before the Trial Chamber (20 June 2012) (Outlining the criteria the Trial Chamber will use to assess whether written statements or transcripts may be admitted to trial)
- Assurance Regarding Non-Prosecution (19 June 2012) (Informing a witness that the ECCC Co-Prosecutors will not initiate any prosecutions against them)
- Trial Chamber Response to Co-Prosecutors’ Request for Leave to Provide Assurances with Respect to Non-Prosecution for Witnesses (E200) (19 June 2012) (Supporting the Co-Prosecutors’ initiative to the extent it provides assurances of non-prosecution before the ECCC to witnesses)
- Next Witnesses in Current Segment of Case 002/01 (15 June 2012) (Providing additional information about the order of the next round of witnesses to be called at the current trial session)
- Co-Prosecutors’ Request to Admit Witness Statements Relevant to Phase 1 of the Population Movement (15 June 2012) (Requesting to admit certain witness statements into evidence relating to the forced movement of the population)
- Request for Authority to Provide Case File 002 Documents to Expert Witnesses (13 June 2012) (Requesting the Trial Chamber release select confidential documents to the experts in Case 002)
- Notice to Parties Regarding Revised Modalities of Questioning and Response to Co-Prosecutors’ Request for Clarification Regarding the Use of Documents During Witness Testimony (E201) (13 June 2012) (Stating that when a witness recalls their statement to the OCIJ, the parties shall not continually request the witness to confirm that fact or make the witness merely repeat contents of their statement and should focus instead on other questions)
- Proposed Testimony of Benedict Kiernan Before the Trial Chamber (13 June 2012) (Deciding not to hear the Professor’s testimony because they could not schedule a time for him to testify in person)
- Directions Regarding Documents Sought for Impeachment Purposes (24 May 2012) (Stating that any document the parties intend to use before the chamber must satisfy Internal Rule 87(3) and, if the parties intend to use a new document, they must follow procedure to place that document before the Chamber)
- Hearing on 17 October 2012 (25 May 2012) (Stating the Chamber will sit on that date to hear the testimony of Elizabeth Becker)
- Updated Information Regarding Scheduling of Proposed Experts (25 May 2012) (Giving the updated schedule for expert testimony)
- Co-Prosecutors’ Request for Clarification Regarding the Use of Documents During Witness Testimony (30 May 2012) (Requesting clarification on the use of documents by witnesses in the Chamber and the use of documents previously unseen by witnesses)
- Co-Prosecutors’ Request for Leave to Provide Assurances with Respect to Non-Prosecution for Witnessess (30 May 2012) (Requesting that the Trial Chamber allow the Co-Prosecutors to provide assurances to witnesses)
- Request by Mr. Khieu Samphan’s Defence for Review of the French Transcripts of the Proceedings (16 May 2012) (Requesting a review of the French version of the transcripts and the implementation of measures to avoid problems stemming from speaking too fast)
- Co-Prosecutors’ Motion for the Prioritisation of Testimonies of Elderly Witnesses (24 Apr 2012) (Requesting that the Trial Chamber give scheduling priority to the testimony of any witnesses over 70 as well as any witnesses suffering from health conditions)
- Co-Prosecutors’ Request to Disclose Unredacted Record of Soas Interview of Witness TCW-504 (19 Apr 2012) (Requesting that the unredacted version of the document be placed on the Case File)
- Requests by the Khieu Samphan Defence to Clarify the Status of Certain E3 Documents (E178) and its Motion E167 (11 Apr 2012) (Clarifying that documents with the E3 allocation are those documents that have been put before the Chamber without objections)
- [Corrected] Further Information Regarding Scheduling of Proposed Experts (11 Apr 2012) (Providing information concerning the scheduling of proposed witnesses and experts for the first trial in Case 002)
- Initial Specification of the Substance of the Awards that the Civil Party Lead Co-Lawyers Intend to Seek-Hearing of 19 October 2011 (12 Mar 2012) (Detailing specifications, questions, concerns, problems and thoughts of the Civil Party Lead Co-Lawyers)
- Revised Order of Witnesses for Current Segment of Case 002/01 (28 Mar 2012) (Informing the parties that witnesses who will be giving testimony on communication structures will now be heard at the end of the current trial segment)
- Documents Referenced on the Case File for Case 002/19-09-2007-ECCC/TC (27 Mar 2012) (Asking the parties to re-locate and re-send specific documents)
- Lead Co-Lawyers Observations on the Co-Prosecutors Notice to the Trial Chamber and Parties Regarding Testimony of TCE-38 (14 Mar 2012) (Requesting that the Trial Chamber question the witness through video-link if necessary and notify and inform the witness of what will be expected)
- Lessons Learned From the Experiences of the Elders of Former Generations (21 Mar 2012) (Giving Kaing Guek Eav’s written statement in Case 002)
- Order to Bring (16 Mar 2012) (Ordering Duch to be brought to the main court room of the ECCC on 20 March 2012 at 8:30 A.M. to be questioned by the court)
- Order to Bring (13 Mar 2012) (Ordering Duch to be brought to the main court room of the ECCC on 19 March 2012 at 1:30 P.M. to be questioned by the court)
- Request by the Defence for Mr Khieu Samphan for Clarifications on the Status of Certain Documents Identified as “E3” Documents (5 Mar 2012) (Stating that many documents with the E3 symbol have not been subjected to examination during the proceedings, asking if these documents can be used in the Chamber’s deliberations without further examination, and requesting the Trial Chamber to specify the exact status of E3 documents)
- List of Defence Team Members (6 Mar 2012) (Providing the most up-to-date list of all Defence Team Members)
- Notice of Change to Defence Team Members List (6 Mar 2012) (Noting the arrival of an Intern and the departure of two other Interns)
- Updated Memorandum for Next Document Hearing (12-19 March 2012) (2 Mar 2012) (Clarifying what categories of documents the Chamber will address in oral hearings scheduled for those dates)
- Response to the ‘Co-Prosecutors’ Request for Notice to Be Given to Accused Khieu Samphan on the Consequences of a Refusal to Respond to Questions at Trial’ (2 Mar 2012) (Requesting that the Trial Chamber reject all measures requested by the Co-Prosecutors because of the Accused’s fundamental right to remain silent)
- Reclassification of Statements for Witnesses Who May Testify in Case 002 (29 Feb 2012) (Stating that each statement of the 29 witnesses in Case 002 has been classified as confidential in order to allow the parties to gain access to the statements before the individuals are heard in court)
- Further Oral Hearing on Documents (Commencing 12 March 2012) (24 Feb 2012) (Stating that beginning 12 March 2012 the Trial Chamber will allow time for the oral objection of the listed categories of documents which have not yet been discussed)
- Request for Information Concerning Summaries on Case File 002 (23 Feb 2012) (Asking TCE-33 to indicate pertinent information concerning prepared summaries including whether TCE-33 was the author of the documents, why the summaries were prepared, and the location and availability of the summaries)
- Co-Prosecutors’ Request for Further Document Hearings (16 Feb 2012) (Requesting that the Trial Chamber schedule a hearing on the admissibility of documents listed in Annexes 6-20 of the Co-Prosecutors’ First Phase Document List and schedule a hearing on the presentation of documents relating to administrative and communications structures)
- Co-Prosecutors’ Request for Notice to Be Given to Accused Khieu Samphan on the Consequences of a Refusal to Respond to Questions at Trial (17 Feb 2012) (Requesting that the Trial Chamber notify the Accused that should he refuse to answer questions at trial that negative inferences may be drawn from the refusal and any oral statements he does give are unlikely to be afforded any significant weight)
- Co-Prosecutors’ Response to Khieu Samphan’s ‘Requete Aux Fins De Production A L’Audience Des Document D’Epoque En Original’ (20 Feb 2012) (Requesting that the Trial Chamber either reject the request or order a selective sample of documents be produced)
- List of Reserve Lead Co-Lawyers (15 Feb 2012) (Submitting a list of reserve Lead Co-Lawyers in case both Lead Co-Lawyers are unable to perform their duties)
- Next Group of Witnesses, Civil Parties and Experts to Be Heard in Case 002/01 (17 Feb 2012) (Stating that the Chamber will discuss remaining documents to be put before it and then will commence questioning of the Accused, then witnesses, Civil Parties, and experts)
- Motion for the Original Copies of Contemporaneous Documents to Be Produced Before the Chamber (6 Feb 2012) (Requesting that the Trial Chamber order the DC-CAM to produce any documents it determines to be contemporaneous and make the documents available for the parties to inspect)
- Motion in Response to the Numerous Difficulties Raised by Ms. Lamb’s Email Dated 2 February 2012 (3 Feb 2012) (Requesting the Trial Chamber rule that all decisions pertaining to the Trial will be subject to public debate, that all emails and memoranda will be restricted to procedural matters, that hearings declaring historical context have not been completed, and to provide for the translation of all future emails and memoranda in the language of the Defence)
- Response to the Co-Prosecutors’ Request to Include Additional Crime Sites Within the Scope of the First Trial of Case 002 (13 Feb 2012) (Requesting that the Trial Chamber reject the Co-Prosecutors request because it is repetitive and denying to respond to the substance of the request)
- List of Defence Team Members (10 Feb 2012) (Providing the most up-to-date list of all Defence Team Members)
- Notice of Change to Defence Team Members List (10 Feb 2012) (Noting the arrival of Anta Guisse to Khieu Samphan’s team)
- Co-Prosecutors’ Response to the Trial Chamber ‘Request for Information Concerning Summaries Prepared by TC-33’ (17 Feb 2012) (Stating that the two documents in question are IS 11.1 and IS 11.5 and that the Co-Prosecutors are unaware of any other documents prepared by TC-33 that are not in the case file)
- Co-Prosecutor’s Response to Ieng Sary’s Request for Clarification That No Adverse Inferences Can Be Drawn From an Accused’s Silence When He Exercises His Right to Remain Silent (10 Feb 2012) (Stating that the OCP affirms and endorses the fundamental right to remain silent before the Chamber)
- List of Defence Team Members (8 Feb 2012) (Providing the most up-to-date list of each Defence Team Member)
- Scheduling of Oral Hearing on Documents (13-16 February 2012) (9 Feb 2012) (Providing relevant information in advance of the documentary hearings of 13-16 February 2012)
- Request for Information Concerning Summaries Prepared by TCE-33 (9 Feb 2012) (Requesting that the Co-Prosecutors provide the reference for documents prepared by TCE-33 and to inform the Chamber if there are any other documents prepared by TCE-33 on the case file)
- Hearing of TCE-38 and TCE-44 (6 Feb 2012) (Stating that the Trial Chamber has been unable to confirm the availability of TCE-38 and TCE-44 and that the individuals therefore will not be heard by the Trial Chamber during the current session)
- Official Holidays for 2012 (1 Dec 2011) (Listing all of the official holidays in 2012 for all of the ECCC/UNAKRT staff)
- Judicial Recesses During 2012 (6 Feb 2012) (Listing all of the planned Judicial Recesses for 2012 and informing the parties that the Court Management Section will not accept any documents for filing but that time limits will continue to run during the recesses)
- International Co-Prosecutor’s Disclosure to Trial Chamber of Case 002 Witness Statements in Cases 003 and 004 in Compliance with Trial Chamber Memorandum E127/4 (2 Feb 2012) (Filing all statements made by 29 witnesses contained in Case Files 003 and 004 per the Chamber’s order)
- Trial Chamber Response to Portions of E114, E114/1, E131/1/9, E131/6, E136, and E158 (31 Jan 2012) (Laying out the Oral Decision regarding standards of relevance, reliability and authenticity in the application of Internal Rule 87 as the Trial Chamber’s official response to the portions of the Motions listed above)
- Co-Prosecutors’ Response to Nuon Chea Defence Request for a List of Documents Provided by DC-Cam That Are Contained in the OCP Rule 80 (3) First Phase Document List With Confidential Annexes A & B (23 Jan 2012) (Providing the parties and the Trial Chamber with the list of 2384 documents provided by the DC-Cam which are contained in the Co-Prosecutors Rule 80(3) First Phase Document List)
- Reclassification of Strictly Confidential Documents in Case File 002 (12 Jan 2012) (Listing some of the documents that will be reclassified as public)
- Reclassification of Additional Documents on the Case File (12 Jan 2012) (Stating that the Trial Chamber has reviewed the remaining strictly confidential documents in the Case File and determined that an additional 135 documents should be reclassified as confidential or public)
- [Corrected 1] Scheduling of Oral Hearing on Documents(16-19 January 2012) (11 Jan 2012) (Stating that the Trial Chamber shall devote 16-19 of January to in-court consideration of documentary issues)
- Objection to the Admissibility of the Other Parties’ Remaining Document Lists For the First Four Segments of the First Trial (5 Jan 2012) (Stating that he challenges any assumption of admissibility in relation to documents submitted and that he intends to challenge any document whose content is not appropriately identified in court)
- Co-Prosecutors’ Rule 92 Submission Regarding Indicia of Reliability of the 978 Documents Listed in Connection with Those Witnesses and Experts Who May Be Called During the First Three Weeks of Trial (23 Dec 2011) (Requesting the trial chamber have regard to the indicia of reliability for the 978 documents and then admit all to the Document List)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Translation Requests in Support of Nuon Chea Motion E142 and Ieng Sary Letter to the Trial Chamber Senior Legal Officer of 11 December 2011 (E142/1) (20 Dec 2011) (Advising it will only entertain allegations of inconsistency between audio recordings and written statements when the inconsistencies are identified with specific particularity and refer to discrepancies on the substance that could have a clear relevance to the ongoing trial and that translation requests should identify and be limited to the portions of the recordings and statements that are inconsistent)
- Response to Co-Prosecutors’ Request to Admit Two New Items Into Evidence (19 Dec 2011) (Objecting to the Co-Prosecutors’ late request and moving that the items not be submitted into evidence on the ground that it does not meet the requisite legal criteria)
- Khieu Samphan, TC, Next Group of Witnesses and Experts to be Heard in Case 002/01 (15 Dec 2011) (Outlining the order of the proceedings once the Trial Chamber resumes on 10 January 2012)
- Khieu Samphan, TC, Co-Prosecutors’ Trial Management Request (14 Dec 2011) (Requesting the Trial Chamber to set down a tentative order of call for all remaining witnesses and civil parties in relation to the first segment of the first trial, to withdraw one expert and four witnesses primarily related to the Accused Ieng Thirith, and to allocate a week of hearings for the purpose of oral argument on the admissibility of documents for five days during 6 to 9 February 2012)
- Khieu Samphan, TC, Response to Issues Raised by Parties in Advance of Trial and Scheduling of Informal Meeting with Senior Legal Officer on 18 November 2011 (17 Nov 2011) (Addressing remaining issues that the parties felt required resolution before the hearing of the substance in Case 002).
- Khieu Samphan, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (9 Dec 2011) (Alerting the court to changes in the Khieu Samphan Defence team).
- Khieu Samphan, TC, Co-Prosecutors’ Disclosure of A Khieu Samphan Video Interview and Book Entitled ‘Behind the Killing Fields: A Khmer Rouge Leader and One of His Victims’ By Gina Chon and Thet Sembath (5 Dec 2011) (Requesting that the Trial Chamber admit the video interview and book into the Case File)
- Khieu Samphan, TC, Consolidated Response to Objections to Co-Prosecutors’ Document List for First Trial Session (1 Dec 2011) (Arguing that the general objections put forward by the Defence are ill-founded and requesting the Trial Chamber to direct the Defence to re-file specific objections, if any, to the Co-Prosecutors’ Document list and to admit documents which are not the subject of specific and reasoned objections)
- Khieu Samphan, TC, Notice of Variation of Order of Call of Civil Parties and Witnesses for First Trial Session (5-16 December 2011) and Further Information Related to Hearing of Evidence During this Session (E131/1.2) (2 Dec 2011) (Providing notice that the Trial chamber intends to change the order of witnesses to be called and to provide the parties with information regarding the hearing of the first Civil Parties and witnesses in Case 002/01)
- Khieu Samphan, TC, Co-Prosecutors’ Request for Investigation into Witness Deaths (E144) (1 Dec 2011) (Directing WESU to conduct enquiries into the discrepancies in Death Certificates and interviews with trial witnesses and to determine whether these witnesses are in fact deceased)
- Khieu Samphan, TC, Notice of Trial Chamber’s Disposition of Remaining Pre-Trial Motions (E20, E132, E134, E135, E124/8, E124/9, E124/10, E136 and E139) and Further Guidance to the Civil Party Lead Co-Lawyers (29 Nov 2011) (Stating the document E141 constitutes the final response to the above motions and that per Internal Rule 89ter the Trial Chamber has a discretionary trial management competence that is without right of appeal)
- Khieu Samphan, TC, Advance Notice of Assignment of Examination of Four Witnesses During First Trial Segment (5-16 December 2011) (28 Nov 2011) (Assigning to the Co-Prosecutors the examination of the four witnesses and stating that the examination shall be limited to the relevant facts)
- Khieu Samphan, TC, Provision of Prior Statements to Witnesses in Advance of Testimony at Trial (24 Nov 2011) (Providing guidelines regarding the scope and purpose of providing witnesses with the opportunity to review their prior statements in advance of their testimony)
- Khieu Samphan, TC, Advance Notice of Assignment of Examination of Three Civil Parties during First Trial Segment (5-16 December 2011) (23 Nov 2011) (Assigning the primary responsibility for the examination of the three Civil Parties to the Civil Party Lead Co-Lawyers)
- Khieu Samphan, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (22 Nov 2011) (Noting all recent changes to the Defence Teams)
- Khieu Samphan, TC, Response to Ieng Sary Defence Letter Requesting Courtesy Copies (21 Nov 2011) (Providing copies of the sources cited in the Trial Chamber’s Decision on Co-Prosecutors’ Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
- Khieu Samphan, TC, List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Co-Prosecutors’ Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 Jun 2011)
- Khieu Samphan, TC, Response to Co-Prosecutors’ Submission on Statute of Limitations for National Crimes (17 Jun 2011) (Requesting the Trial Chamber to reject the submission)
- Khieu Samphan, 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 Jun 2011)
- Khieu Samphan, TC, Co-Prosecutors’ Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (15 Jun 2011)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Response to Ieng Sary and Khieu Samphan on Legal Issues Initial Hearing (25 Apr 2011) (Requesting the Trial Chamber to take note of the Civil Parties’ observations regarding arguments defense is likely to raise at the initial hearing)
- Khieu Samphan, TC, Co-Prosecutors’ Notification of Legal Issues it Intends to Raise at the Initial Hearing (19 Apr 2011)
- Khieu Samphan, TC, Legal Issues Initial Hearing (19 Apr 2011) (Notifying the Trial Chamber of the legal issues defense will raise at the initial hearing)
- Khieu Samphan, TC, Uncontested Facts (23 Mar 2011) (Contesting all facts alleged in the Closing Order)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Co-Prosecutors’ Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
- Khieu Samphan, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
- Khieu Samphan, TC, Khieu Samphan’s Motion in Support of Certain Points of Ieng Sary’s Motion of 19 January 2011 (7 Feb 2011) (Supporting Ieng Sary’s motion for half-day trial sessions and asking the Trial Chamber to recognize defense’s right to appear in person at their trial)
- Khieu Samphan, TC, Application for Release Pursuant to Rule 82(3) of the Internal Rules (18 Jan 2011) (Requesting release for failure to bring the Accused Person before the Chambers in under four months since the last decision to extend his pre-trial detention, in violation of Internal Rule 82)
Orders, Decisions, and Judgments
- Order to Reclassify Documents on the Case as Public (27 June 2019) (Directing the Records and Archives Unit to reclassify as public the documents listed in Annexes 1, 2, 3, and 4; deferring a decision on the reclassification of documents in Annex 5 and the twelve filings requested by the Khieu Samphan Defence; and requesting that the Pre-Trial Chamber review Annex 6 and advise the Supreme Court Chamber of any redactions).
- Confidential documents in Case 002/02 judgment proposed for reclassification to public (9 Apr. 2019) (Reclassifying 1,439 confidential documents as public).
- Proposed transfer of S-21 materials provided by Prof. Walter Heynowski (2-TCW-946) to the Tuol Sleng Museum (5 Apr. 2019) (Proposing that a notebook and photographs provided by Walter Heynowski be transfered to the Tuol Sleng Museum).
- Order Designating Reserve Judge to Replace Sitting Judge (5 Apr. 2019) (Designating Judge Martin Greg Karopkin as a sitting judge in the absence of Judge Jean-Marc Lavergne until a full-time sitting judge is appointed).
- Judgment, Case 002/02 (27 Mar. 2019).
- Appeal Register–Khieu Samphan Defence’s Urgent Appeal Against the Judgment Pronounced on 16 November 2018 (20 Nov. 2018) (Confirming receipt of Khieu Samphan Defence’s Urgent Appeal Against the Judgment).
- Summary of Judgment (Case 002/02) (16 Nov. 2018) (Finding Khieu Samphan guilty of crimes against humanity, grave breaches of the Geneva Conventions, and genocide, and acquitting on the remaining crimes, and sentencing him to life imprisonment).
- Sixth Decision on Fitness of the Accused Khieu Samphan to Stand Trial (27 Feb 2018) (Affirming that Khieu Samphan is fit to stand trial).
- Order Assigning Experts to Assess the Accused’s Fitness to Stand Trial and Scheduling Assessment (28 Dec. 2017) (Appointing doctors to examine the health of Nuon Chea and Kieu Samphan).
- Decision on Witnesses, Civil Parties and Experts Proposed to Be Heard During Case 002/02 (18 July 2017) (Setting out the rationale for not calling certain individuals proposed by the parties as relevant to case 002/02).
- Guidelines for Closing Statements in Case 002/02 (7 June 2017).
- Decision on the Co-Prosecutors’ Request to Lift Redactions and Use of Pseudonyms for Case 002/02 Testimony (2 May 2017) (Ordering all closing briefs to be filed confidentially by 2 May 2017, with public redacted versions filed by 16 May 2017).
- Co-Prosecutors’ Request for Extended Deadline for Closing Briefs and Delayed Start of Closing Statements in Case 002/02 (28 Apr. 2017) (Granting a deadline of 2 May 2017 for closing briefs, and scheduling closing statements for 13-22 June 2017).
- Decision on Reduction of the Scope of Case 002 (27 Feb. 2017) (Rejecting the Khieu Samphan Defense Objection to Internal Rule 89 quater; deciding to reduce the scope of Case 002 by excluding all facts set out in the Closing Order in Case 002 not included in Case 002/01 or Case 002/02 pursuant to Internal Rule 89 quater (1); and terminating the proceedings concerning all facts set out in the Closing Order in Case 002 not included in Case 002/01 or Case 002/02 pursuant to Internal Rule 89 quater (3)).
- Decision on International Co-Prosecutor’s Second Urgent Request for Authorization to Provide Confidential Case 002 Documents to the Meas Muth Defence in Case 003 (7 Feb. 2017) (Granting the request and authorizing the Office of the Co-Prosecutor to provide an electronic copy of certain documents to the Meas Muth Defence).
- Decision on International Co-Prosecutor’s Request for Authorization to Provide Confidential Case 002 Documents to the Meas Muth Defence in Case 003 (26 Jan. 2017) (Granting the request and authorizing the Office of the Co-Prosecutor to provide an electronic copy of certain documents to the Meas Muth Defence).
- Order Closing Investigation Related to Documents Received from Prof. Walter Heynowski (26 Jan. 2017) (Directing the Greffier to inform the Director of the Tuol Sleng Museum that the trial chamber does not object to the removal of the metal clips for the purposes of preserving the Heynowski documents; deciding to close the investigation pursuant to Internal Rule 93).
- Admission of Newly Disclosed Written Records of Interviews from Cases 003 and 004 of Witnesses Heard in the Course of the Case 002 Trial Proceedings (26 Jan. 2017) (Admitting the written records of interviews requested by the International Co-Prosecutor).
- Proposed Defence Budget Cuts (16 Jan. 2017) (Supporting postponement of any budget cuts to the Defence teams until at least the end of May 2017).
- Decision on the Requests by the Co-Prosecutors and the Khieu Samphan Defence to admit photographs related to the documentation provided by Professor Walter Heynowski (12 Jan. 2017) (Granting the Co-Prosecutor’s request to admit photographs taken by Walter Heynowski into evidence).
- Further Documents Obtained from Walter Heynowski (5 Jan. 2017) (Inviting the parties to review the documents available and make Internal Rule 87(4) requests by oral submission on Jan. 10).
- Order to Initiate Investigation of Documents Received from Prof. Walter Heynowski (28 Dec. 2016) (Deciding to initiate an additional investigation pursuant to Internal Rule 93 to obtain a description, a scanned copy, and assessment of the uniqueness and authenticity of the Heynowski Documents).
- Decision on Request to Admit Logbook and to Recall two witnesses regarding S-21 (27 Dec. 2016) (Admitting the orange logbook as evidence).
- Decision on Civil Party Lead Co-Lawyers’ Rule 87(4) Request to Admit a Document into Evidence (E285/2) (27 Dec. 2016) (Admitting the appendix of the second edition of the book “Cambodia’s Hidden Scars” into evidence).
- Decision on Co-Prosecutors’ Request to Admit S-21 List of Prisoners and Four S-21 Documents (E393/3) (16 Dec. 2016) (Admitting a list of 1,606 persons who did not appear on the initial Office of the Co-Investigating Judge S-21 Prisoners List into evidence).
- Decision on Khieu Samphan Defence Request for Disclosure of Audio Recordings of Witness Statements from Cases 003 and 004 (17 Nov. 2016) (Ordering the Co-Prosecutors to seek authorization from the International Co-Investigating Judge, and to disclose the audio recordings of all case 003 and 004 Written Records of Interviews admitted or sought for admission in Case 002/02; rejecting the Defence’s request to admit audio recordings; and rejecting the Defence request to sanction Co-Prosecutors for disclosure violations).
- Decision on the Admission into Evidence of the Choeung Ek Study Documents (4 Nov. 2016) (Admitting a variety of documents related to the Choeung Ek Study on the bones of human skeleton remains found at Choeung Ek).
- Memorandum: Closing Briefs, SCC Judgment in Case 002/01 and TMM (3 Nov. 2016) (Granting a Trial Management Meeting on a number of issues related to the closing briefs, and directing parties to file Submissions on Appeal Judgment by Monday, 5 December 2016).
- Decision on Reiterated Request of Khieu Samphan Defence to Hear Stephen Heder (2-TCE-87) and Francois Ponchaud (2-TCE-99) (E408/6) (3 Nov. 2016) (Rejecting the request to hear Stephen Heder and Francois Ponchaud testify on the Nature of the Armed Conflict).
- Ordering Scheduling Cognitive Testing of the Accused (27 Sept. 2016) (Directing the scheduling of three quarterly cognitive tests for Khieu Samphan and Nuon Chea).
- Decision on Requests Regarding Internal Rule 87(4) Deadlines (21 Sept. 2016) (Granting the Nuon Chea and Khieu Samphan Defence Requests for an extension of time until 30 Sept. 2016 to respond to any Internal Rule 87(4) Requests made prior to 1 Sept. 2016; Denying the Nuon Chea Defence Request to require the Co-Prosecutors to identify within disclosed documents the elements that are potentially exculpatory; and Reaffirming that the Co-Prosecutors have an obligation to identify any potentially exculpatory material in their possession).
- Decision on Khieu Samphan’s Rule 87(4) Request to Admit into Evidence Documents Related to the Testimony of Expert Henri Locard (2-TCE-90) (14 Sept. 2016) (Admitting an Article published in The Cambodia Daily into evidence and denying the remainder of the request).
- Decision on the Request for Leave to Submit Amicus Curiae Brief on Forced Marriage (13 Sept. 2016) (Granting the applicants, a group of international legal scholars and researchers, leave to submit an Amicus Curiae brief).
- Third Decision on Fitness of the Accused Khieu Samphan to Stand Trial and Order for Quarterly Cognitive Testing (6 Sep. 2016) (Affirming that Khieu Samphan is fit to stand trial).
- Ruling on Closed Session Testimony of 2-TCW-1002 (2 Sept. 2016) (Permitting witness 2-TCW-1002 to testify in a closed session).
- Decision on International Co-Prosecutor’s Request to Admit Interview of 2-TCW-914 (30 Aug. 2016) (Granting the International Co-Prosecutor’s request to admit four audio recordings of interviews and one written record of an interview with witness 2-TCW-914).
- Decision on Lead Co-Lawyers’ Request to Place Unrevised Translations on the Case File (30 Aug. 2016) (Granting the request to place unrevised translations into the case file with a footnote explaining that they are not revised).
- Decision on Lead Co-Lawyers’ Rule 92 Submission on the Confirmation of the Scope of Case 002/02 Concerning the Charges of Rape Outside the Context of Forced Marriage (30 Aug. 2016) (Rejecting the request to recharacterize the factual allegations of rape at Tram Kok Cooperatives, Kraing Ta Chan Security Centre, and S-21).
- Decision on Khieu Samphan Request for an Extension of Time to Respond to the International Co-Prosecutor’s Motion E319/52 (8 Aug.2016) (Granting the Request for an extension of time to respond to the Co-Prosecutor’s request to admit 35 documents from Case 004 into evidence in Case 002/02).
- Order for Video-Link Testimony of Civil Party 2-TCCP-1049 (5 Aug. 2016) (Ordering the Civil Party lawyers to facilitate a witness’ statements on the harm suffered by video-link from France).
- Outstanding Issues Relating to Expert Michael Vickery (4 Aug. 2016) (Describing issues concerning a witness who had confirmed that he would not testify).
- Decision on the Khieu Samphan Defence’s Request to Replace Documents (27 July 2016) (Finding that the parties were notified of the 2016 version of a book used as evidence in a timely manner, and finding the request moot).
- Decision on the Appointment of Court Appointed Counsel for Khieu Samphan (21 November 2014).
- Decision on Applications for the Disqualification of Trial Chamber Judges (14 November 2014).
- Case 002/01 Judgment (7 August 2014).
- Decision on Fitness of the Accused Khieu Samphan to Stand Trial
- Further Information Regarding Remaining Preliminary Objections (25 April 2014).
- Order to File Updated Material in Preparation for Trial in Case 002/02 (8 April 2014).
- Decision on Additional Severance of Case 002 and Scope of Case 002/02 (4 April 2014).
- Decision on Khieu Samphan Request to Postpone Commencement of Case 002/02 Until a Final Judgement is Handed Down in Case 002/01 (21 March 2014)(Denying Request)
- Decision on Khieu Samphan’s Application for Immediate Release (26 Apr 2013) (Rejecting the application for release and ordering the continued detention of the Accused).
- Decision on Severance of Case 002 Following Supreme Court Chamber Decision of 8 February 2013 (26 Apr 2013) (Deciding to confine the scope of the first trial in Case 002 to the forced movement of population phases one and two and executions committed at Toul Po Chrey).
- Decision on Designation of TCE-33 (26 Apr 2013) (Affirming that it will hear the evidence of TCE-33).
- Order for Video-Link Testimony of Khieu Samphan Character Witnesses and TCW-277 and TCW-84 (24 Apr 2013) (Ordering testimony of witnesses by video-link from France).
- Response to OCIJ Request to Change the Status of Certain Documents in Case File 002 to Public (12 Apr 2013) (Agreeing the documents should be reclassified as public).
- Response to the Internal 87(4) Requests of the Co-Prosecutors, Nuon Chea, and Khieu Samphan (E236/4/1, E265, E271, E276, E276/1) (10 Apr 2013) (Finding the requirements satisfied for the TCW-110 letter, Short interview and Norodom interview).
- The Status of the ECCC Funding (27 Mar 2013) (Seeking confirmation of stable and adequate funding for the courts).
- Postponement of Expert Testimony (6 Mar 2013) (Postponing the questioning of two expert witnesses due to Ieng Sary’s illness and disputes over funds for translators).
- Scheduling of Experts Philip Short and Elizabeth Becker and Postponement of Fact Witnesses Until Decision on Severance (26 Feb 2013) (Stating that the Chamber will still hear Experts Short and Becker in early March but that other witness testimony will be postponed until the decision on severance is made).
- Supplementary Questions to the Parties Following Hearing of 18 February 2013 in Consequence of the Supreme Court Chamber’s Decision on Co-Prosecutors’ Immediate Appeal of the Trial Chamber’s Decision Concerning the Scope of Case 002/01(E163/5/1/13) (19 Feb 2013) (Requesting that the parties provide information in light of Supreme Court Chamber’s decision)
- Response to Motions E246 and E185/1/1 and Other Sundry Requests Concerning Documents and Deadlines (13 Feb 2013) (Requesting that the parties file any further objections to the motion in one consolidated response, ordering the parties to ensure all evidence tendered is available by 4 March in all three ECCC languages, and granting and rejecting a few document motions)
- Directions to the Parties in Consequence of the Supreme Court Chamber’s Decision on Co-Prosecutors’ Immediate Appeal of the Trial Chamber’s Decision Concerning the Scope of Case 002/01 (E163/5/1/13) (12 Feb 2013) (Scheduling a hearing to address issues raised by the Supreme Court’s decision regarding the scope of the Case)
- Further Information Regarding Trial Scheduling (7 Feb 2013) (Providing scheduling changes and updates for the Trial)
- Response to Co-Prosecutors’ Follow-Up Request to Place on the Case File a Video Recording of a Lecture by Expert Philip Short (E260/1) (31 Jan 2013) (Granting the request to place the video recording on the Case File)
- Response to Internal Rule 87(4) Requests to Place New Documents on the Case File Concerning the Testimony of Witness Francois Ponchaud and Sydney Schanberg (E243) and Experts Philip Short (E226, 226/1 and 230) and Elizabeth Becker (E232 and E232/1) (18 Jan 2013) (Admitting some but not all of the requested documents into the Case File)
- Revised Schedule for Forthcoming Document Hearings (Commencing Monday 21 January 2013) (17 Jan 2013) (Informing the parties that the Chamber will issue a revised schedule for the document hearings)
- Response to Rule 87(4) Requests to Place New Documents on the Case File Concerning the Testimony of Witness Hun Chhunly (E236/3) (15 Jan 2013) (Refusing to admit the document because the Co-Prosecutors did not satisfy the requirement that the document could not have been discovered with the exercise of due diligence)
- Order to Bring (20 Dec 2012) (Ordering the Detention Facility to bring the Accuseds to court on 8 January 2012)
- Decision on Defence Requests Concerning Irregularities Alleged to Have Occurred During the Judicial Investigation (E221, E223, E224, E224/2, E234, E234/2, E241 and E241/1) (7 Dec 2012) (Rejecting all Defence requests and warning the Ieng Sary Defence not to conduct any investigations)
- Decision on Objections to Documents Proposed to Be Put Before the Chamber in Co-Prosecutors’ Annexes A6-A11 and A14-A20 and By the Other Parties (3 Dec 2012) (Deciding that all documents put forth by the Co-Prosecutors except 7 are deemed as before the Chamber and that documents put forth by the Civil Party Lead Co-Lawyers, Khieu Samphan, and Ieng Sary are also deemed as before the Chamber)
- Notification of Decision on Co-Prosecutors’ Request to Include Additional Crime Sites within the Scope of Trial in Case 002/01 and Deadline for Submission of Applicable Law Portion of Closing Briefs (8 Oct 2012) (Rejecting most of the proposals to extend the trial to include additional crime sites but deciding to include the killings at Toul Po Chrey)
- Order to Strike Words from the Record/Public (5 Oct 2012) (Striking the words that were spoken by the Defence Counsel after the adjournment of the hearing from the record)
- Decision on Presentation of Certain Documents (3 Sept 2012) (Providing the full reasons for its oral decision on the presentation of documents by the Nuon Chea Defence)
- Decision on Placement of New Documents on the Case File (8 June 2012) (Placing 18 new documents onto the Case File)
- Decision Concerning New Documents and Other Related Issues (30 Apr 2012) (Deciding the admissibility of various identified documents into the Case File and Shared Materials Drive)
- Decision on Objections to Documents Proposed to Be Put Before the Chamber on the Co-Prosecutors’ Annexes A1-A5 and to Documents Cited in Paragraphs of the Closing Order Relevant to the First Two Trial Segments of Case 002/01 (9 Apr 2012) (Deciding that all documents cited in the Closing Order relevant to the decision have been put before the chamber with a few exceptions and denying Nuon Chea’s request for more information and Khieu Samphan’s request that original copies of contemporaneous documents be produced)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Directions to Parties Concerning Preliminary Objections and Related Issues (5 Apr 2011)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Order on Co-Prosecutors’ and Civil Party Lead Co-Lawyers’ Request for Extension of Time and Page Limits (4 Mar 2011) (Granting the request in part, allowing a consolidated response to preliminary objections of defense not exceeding 35 pages no later than 21 March 2011)
- Khieu Samphan, TC, Trial Chamber Memorandum on the Request Dated 6 January 2011 to the Pre-Trial Chamber by the Co-Lawyers for Nuon Chea Seeking a Resumption of Periodic Detention Interviews, Pursuant to Internal Rule 63(8) (2 Mar 2011) (Rejecting the request for lack of jurisdiction)
- Khieu Samphan, TC, Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (16 Feb 2011) (Rejecting the applications)
- Khieu Samphan, 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)
- Khieu Samphan, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
Pleadings
- Co-Prosecutors’ Response to the Declaration of a Possible Conflict of Interest Filed by the International Civil Party Lead Co-Lawyer (9 Dec. 2019) (Requesting that the Supreme Court declare that the past interactions between International Civil Party Lead Co-Lawyer Megan Hirst and Reserve Judge Rapoza did not amount to a conflict of interest or create the risk of such conflict; Table of Authorities).
- Civil Party Lead Co-Lawyers’ Response to Khieu Samphan’s Application for Disqualification of Six Appeal Judges (25 Nov. 2019) (Requesting the the Supreme Court Chamber dismiss Khieu Samphan’s application for disqualification and dismiss the request for an oral hearing; Table of Authorities).
- Co-Prosecutors’ Response to Khieu Samphan’s Application to Disqualify the Six Appeal Judges Who Adjudicated Case 002/01 (25 Nov. 2019) (Requesting that the Supreme Court Chamber deny Khieu Samphan’s Disqualification Application; Table of Authorities).
- Khieu Samphan’s Reply to the Prosecution’s Response to His Request to Admit Additional Evidence (4 Nov. 2019) (Requesting that the Supreme Court Chamber grant its request to admit additional evidence).
- Khieu Samphan’s Application for Disqualification of the Six Appeals Judges who Adjudicated in Case 002/01 (31 Oct. 2019) (Seeking the disqualification of six judges who adjudicated Case 002/01 pursuant to Internal Rule 34).
- Requests Concerning the Civil Party Lead Co-Lawyers’ Response to Khieu Samphan’s Appeal (28 Oct. 2019) (Requesting that the Supreme Court Chamber allow the Lead Co-Lawyers to file their response to Khieu Samphan’s appeal brief 60 days following the notification of the Co-Prosecutors’ response; grant an extension of the page limit to 320 pages; and permit the Lead Co-Lawyers to file their response in English with the Khmer translation to follow at the earliest opportunity; Table of Authorities).
- Co-Prosecutors’ Response to Khieu Samphan’s Request to Admit Additional Evidence (24 Oct. 2019) (Requesting that the Supreme Court Chamber reject the admission of the proposed evidence and dismiss Khieu Samphan’s admission request; Table of Authorities).
- Khieu Samphan Defence Request to Reject the Civil Party “Submissions” (F50/1/1) pursuant to the Practice Direction on the Filing of Documents (11 Oct. 2019) (Requesting that the Supreme Court reject the Civil Party submissions).
- Civil Party Lead Co-Lawyers’ Submissions Relating to Khieu Samphan’s Response to the Co-Prosecutors’ Appeal (7 Oct. 2019)
- Khieu Samphan’s Reply to the Co-Prosecutors Concerning the Presumption of Innocence on Appeal (9 Sept. 2019) (Requesting the the Supreme Court Chamber dismiss the submissions of the Co-Prosecutors and find that the presumption of innocence continues to apply on appeal).
- Khieu Samphan Defence’s Response to the Prosecution’s Amendment of the Request Concerning its Response to the Defence’s Appeal Brief (21 Aug. 2019) (Requesting that the Supreme Court Chamber grant the prosecution proportionate extensions for filing its response, pursuant to its 002/01 jurisprudence)
- Co-Prosecutor’s Appeal Against the Case 002/02 Trial Judgment (20 Aug. 2019) (Appealing the Trial Chamber’s exclusion of male victims of forced sexual intercourse from the conviction for the crime against humanity of other inhumane acts)
- Co-Prosecutors’ Amendment of Request for Additional Time and Pages for Appeal Response Brief (19 Aug. 2019) (Requesting an extension of their response brief of 70% of the combined total of pages and of 50% of the combined time granted to the Defence teams)
- Khieu Samphan Defence Response to the Prosecution’s Request Concerning its Appeal Briefs [F47/1, paras. 25-26(ii)] (7 Aug. 2019) (Requesting that the Supreme Court Chamber deny the Prosecution’s request for proportionate extensions, pursuant to its case 002/01 jurisprudence; and to decide upon all the pending requests on an urgent basis, even if this requires issuing the dispositions initially, and then the reasons in due course).
- Khieu Samphan’s Defence Reply to the Responses to its Request for Extension of Time and Page Limits for Filing his Appeal Brief (29 July 2019) (Explaining that the request for extensions of time and page limits is reasonable and warranted by the particular circumstances of the case).
- Co-Prosecutor’s Response to Khieu Samphan’s Request for Additional Time and Page Limits for Appellate Briefs (22 July 2019) (Requesting that the Supreme Court Chamber deny Khieu Samphan’s request; grant a proportionate amount of extensions to the Co-Prosecutors for their response briefs; and instruct the parties to structure their briefs in a way that clearly mirrors and substantiates their notices of appeal, avoids unnecessary repetition, and follows the internal rules and ECCC jurisprudence).
- Civil Party Lead Co-Lawyer’s Response to Khieu Samphan’s Request for Extensions of Time and Page Limits for Appeal Brief (22 July 2019) (Requesting that the Supreme Court Chamber take into account Civil Party rights and interests when deciding the merits of the Defence Request).
- Khieu Samphan’s Request for an Extension of Time and Page Limits for Filing his Appeal Brief (10 July 2019) (Requesting the Supreme Court Chamber to grant leave to the Defence to file a 950-page appeal brief in French within 10.5 months of filing its notice of appeal; and requesting leave to file a response to the Prosecution’s appeal brief; or in the alternative, considering holding a trial management meeting at a public hearing).
- Co-Prosecutor’s Response to Khieu Samphan’s Request for Annulment of the Decision E463/1/3 on his Urgent Appeal of the Judgment of 16 November 2018 (9 July 2019) (Notifying the Chamber that the Co-Prosecutors will not file a substantive response to the Request because they are not privy to the information relevant to a determination of the merits of the Request).
- Khieu Samphan’s Notice of Appeal (002/02) (1 July 2019) (Requesting the Supreme Court Chamber to declare the judgment null and void; in the alternative, to overturn the judgment and find the Accused not guilty on each count; or in the further alternative to review the conviction and hand down a fixed-term prison sentence).
- Khieu Samphan’s Reply and Response to the Prosecution on Extension of Time and Number of Pages for Notices of Appeal (23 Apr. 2019) (Maintaining the Defence’s Request to the Supreme Court Chamber to confirm the postponing the starting point of Khieu Samphan’s appeal time-limit to the day after notification on Mar. 28, 2019 of the full written reasons for the judgement, and authorizing a 100-page notice of appeal in French and Khmer within 8 months of such notification).
- Civil Party Lead Co-Lawyers’ Response to Defence Requests for Extensions of Time and Page Limits (12 Apr. 2019) (Requesting that the Supreme Court Chamber take into account Civil Party rights and interests when deciding the merits of the Defence Requests).
- Co-Prosecutor’s Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal (11 Apr. 2019) (Requesting that the Supreme Court Chamber deny the requests for additional time and pages, and instead grant only a 45-day extension and no page-limit increase).
- Khieu Samphan Defence Request for Extension of Time and Number of Pages to File Notice of Appeal (3 Apr. 2019) (Requesting an extension of seven months and a page limit of 100 pages for the appeal).
- Khieu Samphan’s Request for Annulment of Decision E463/1/3 on his Urgent Appeal against the Judgement of 16 November 2018 (20 Mar. 2019) (Requesting the Supreme Court Chamber to annul the decision on the Appeal and to render a new decision in accordance with respect for due process and Khieu Samphan’s fundamental rights).
- Co-Prosecutor’s Response to Khieu Samphan’s Appeal Against the Judgment Pronounced on 16 November 2018 (30 Nov. 2018) (Submitting that Khieu Samphan’s Appeal is inadmissible at this stage of proceedings and requesting that it be dismissed in its entirety).
- Co-Prosecutors’ Response to Civil Party Lead Co-Lawyers’ Immediate Appeal Against Trial Chamber Decision Regarding Rape Outside the Context of Forced Marriage (24 Oct. 2016) (Requesting that the Supreme Court Chamber dismiss the Civil Party Lead Co-Lawyers’ Immediate Appeal against the Trial Chamber Decision on their Request for confirmation of the scope of Case 002/02 concerning the charges of rape outside the context of forced marriage).
- Co-Prosecutors’ vRequest for an Urgent Order to the Trial Chamber to Issue a Reasoned Decision on the Severance of Case 002 (23 Apr 2013) (Requesting that the Supreme Court Chamber order the Trial Chamber to provide written reasons for its oral decision on the severance of Case 002).
- Decision on Co-Prosecutors’ Request for Appeal Hearing on Scope of Trial in Case 002/01 or Leave to File Joint Reply (18 Dec 2012) (Denying the Co-Prosecutors request for a public hearing on the immediate appeal and dismissing their alternative request to file a joint reply)
- Co-Prosecutors’ Reply to Nuon Chea Response to Appeal of Decision Concerning the Scope of Trial in Case 002/01 (3 Dec 2012) (Requesting that the Chamber reject the arguments made by the Defence)
- Response to Co-Prosecutors’ Immediate Appeal of Decision on Scope of Trial in Case 002/01(30 Nov 2012) (Requesting that the Chamber reject the appeal because the Trial Chamber’s decision was based on legitimate considerations)
- Co-Prosecutors’ Reply to Ieng Sary Response to Appeal of Decision Concerning the Scope of Trial in Case 002/01 (26 Nov 2012) (Requesting that the Chamber reject the arguments made by the Defence)
- Co-Prosecutors’ Request for a Public Oral Hearing of the Immediate Appeal of the Decision Concerning the Scope of Trial in Case 002/01 or in the Alternative Request to File a Joint Reply to the Three Defence Responses (21 Nov 2012) (Requesting that the Chamber hold a public oral argument regarding the appeal or, in the alternative, that the Co-Prosecutors’ be allowed to file a joint reply)
- Civil Party Lead Co-Lawyers Support to the Co-Prosecutors’ Immediate Appeal of Decision Concerning the Scope of Trial in Case 002/01 (21 Nov 2012) (Supporting the Co-Prosecutors appeal proposing an extension of the scope of the trial)
- Co-Prosecutors’ Immediate Appeal of Decision Concerning the Scope of Trial in Case 002/01 with Annex I and Confidential Annex II (7 Nov 2012) (Requesting that the Supreme Court Chamber hold that an extension of the scope of trial is in the interest of justice and amend the Impugned Decision to include two sites in the scope of the trial)
- Khieu Samphan, 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)
- Khieu Samphan, SC, Co-Prosecutors’ Response to Khieu Samphan’s Appeal Against the Decision on the Application for Immediate Release (28 Mar 2011) (Requesting the Supreme Court Chamber to reject the appeal)
Orders, Decisions, and Judgments
- Response to Invitation to the Six Judges of the Supreme Court Chamber Who Adjudicated Case 002/02 (31 Jan. 2020) (Announcing that Judge Mwachande-Mumba will make no submissions in response to the application for disqualfication).
- Response to Invitation to the Six Judges of the Supreme Court Chamber who Adjudicated Case 002/02 (31 Jan. 2020) (Submitting that Judge Jayasinghe has no personal or financial interests that might affect impartiality, and that Judge Jayasinghe is aware and mindful of the obligation to exercise judicial functions in accordance with and respect for the rule of law).
- Decision on Khieu Samphan’s Request to Reject the Civil Parties Submission (29 Jan. 2020) (Granting Khieu Samphan’s request to reject the Civil Parties’ submission).
- Invitation to the Six Judges of the Supreme Court Chamber Who Adjudicated Case 002/1 (22 Jan. 2020) (Inviting the judges to present written responses to Khieu Samphan’s application for their disqualification).
- Decision on Khieu Samphan’s Request for Admission of Additional Evidence (6 Jan. 2020) (Granting the defense request and deciding to admit additional evidence and corresponding audio recordings).
- Decision on Requests Concerning the Civil Party Lead Co-Lawyers Response to Khieu Samphan Appeal (6 Dec. 2019) (Declaring the request admissible; granting the request in part; and directing the Civil Parties to file their Response to Khieu Samphan’s Appeal Brief, not to exceed 320 pages, in English or French with a Khmer translation to follow at the soonest opportunity, within 40 days from the notification of the Co-Prosecutors’ response).
- Decision on the Co-Prosecutors and Civil Party Urgent Requests for Extension of Time to Respond to Khieu Samphan’s Disqualification Request (15 Nov. 2019) (Declaring the extension requests admissible and granting the extension requests).
- Decision on Khieu Samphan’s Request for Extensions of Time and Page Limits for Filing His Appeal Brief (23 Aug. 2019) (Directing Khieu Samphan to file his appeal brief, not to exceed 750 pages, on or by 27 Feb. 2020 in English or French, with a Khmer translation to follow; Directing Khieu Samphan to file his response to the Co-Prosecutors’ appeal brief within 30 days from the notification of the decision; Directing the Co-prosecutors to file their response, not to exceed 350 pages, within 120 days of notification of Khieu Samphan’s appeal brief).
- Decision on Khieu Samphan’s Request for Annulment of Decision E463/1/3 on his Urgent Appeal against the Judgment of 16 November 2018 (16 Aug. 2019) (Dismissing Khieu Samphan’s request).
- Decision on Khieu Samphan’s Application for Review of Decision on Requests for Extensions of Time and Page Limits on Notices of Appeal (7 June 2019) (Dismissing Khieu Samphan’s request for review of the Decision).
- Decision on Nuon Chea and Khieu Samphan’s Requests for Extensions of Time and Page Limits on Notices of Appeal (26 Apr. 2019) (Granting Nuon Chea and Khieu Samphan’s Requests in part and ordering that the parties file their notices of appeal in English and/or French to a maximum of 60 pages, along with a Khmer translation, on or before July 1, 2019).
- Decision on Khieu Samphan’s Urgent Appeal against the Summary of Judgment Pronounced on 16 November 2018 (13 Feb. 2019) (Finding that Khieu Samphan’s appeal is not admissible).
- Order Appointing Reserve Judge (13 Feb. 2019) (Appointing Judge Phillip Rapoza to sit in the Supreme Court Chamber).
- Decision on Civil Parties’ Immediate Appeal Against the Trial Chamber’s Decision on the Scope of Case 002/02 in Relation to the Charges of Rape (12 Jan 2017) (Dismissing the Appeal as inadmissible pursuant to Internal Rule 107(1)).
- Appeal Judgment (23 Nov. 2016) (Reversing Nuon Chea and Khieu Samphan’s convictions for the crimes against humanity of extermination, murder, and persecution on political grounds; affirming Nuon Chea and Khieu Samphan’s life sentences; dismissing the Co-Prosecutors’ appeal as inadmissible; and ordering that Nuon Chea and Khieu Samphan remain in the custody of the ECCC pending their transfer to prison).
- Order Scheduling Pronouncement of Appeal Judgment (12 Sept. 2016) (Notifying the parties that the Appeal Judgment will be pronounced on 23 Nov. 2016).
- Decision on Immediate Appeals Against Trial Chamber’s Second Decision on Severance of Case 002 – Summary of Reasons (23 July 2013)
- Order Regarding the Establishment of a Second Trial Panel (23 July 2013)
- Order for Immediate Compliance with Rule 108 of the Internal Rules (12 Mar 2013) (Ordering the Trial Chamber to immediately forward Case 002 to the Supreme Court Chamber)
- Mr. Khieu Samphan’s Immediate Appeal Against the Decision Issued in the Form of an Email Sent from Ms Lamb on 21 February 2013 (26 Feb 2013) (Appealing an email by the Senior Legal Officer stating that the email constitutes a decision).
- Mr. Khieu Samphan’s Defence Team’s Request that Orders and Decisions Rendered by the Supreme Court Chamber be Notified to Them in the Three Official Languages of the ECCC (20 Feb 2013) (Requesting that the Chamber deliver all future decisions in all three languages so that the parties are not disadvantaged).
- Decision on the Co-Prosecutors’ Immediate Appeal of the Trial Chamber’s Decision Concerning the Scope of Case 002/01 (8 Feb 2013) (Declaring the severance of Case 002 invalid and finding the Trial Chamber’s severance order to be based on an erroneous interpretation of law which resulted in a violation of parties’ rights)
- Decision on Request by Co-Lawyers for Khieu Samphan for Extension of Time to Respond to Co-Prosecutors’ Immediate Appeal of Decision Concerning the Scope of Trial in Case 002/01 (20 Nov 2012) (Deciding that the Co-Lawyers may respond to the Immediate Appeal within ten days of receiving the French translation)
- Khieu Samphan, SC, Decision on Immediate Appeal by Khieu Samphan on Application for Release (6 Jun 2011) (Rejecting the appeal)
- Khieu Samphan, SC, Reply (11 Apr 2011) (Responding to the OCP’s request before the Supreme Court Chamber to reject defense’s appeal of the Trial Chamber’s decision to deny defense’s application for immediate release)