Case 002: Nuon Chea

Office of the Co-Investigating Judges

Written Record of Interview of Witness (28 Aug 2012) (Providing the written transcript of the interview of Witness Norng Sophang)
Nuon Chea, OCIJ, Additional Capacity Of Civil Party Lawyer Group “Avocats Sans Frontiere France” to Ensure Representation of Unrepresented Civil Parties (30 July 2010)
Nuon Chea, OCIJ, Forwarding Order (19 July 2010) (Ordering that Case File 2 be forward to the Co-Prosecutors)
Nuon Chea,OCIJ, Inter-Office Memorandum Of The CIJs Concerning the Legal Representation of Civil Parties, D337/7 (28 June 2010) (providing reasons why legal representation has not yet been assigned to some civil parties)
Nuon Chea,OCIJ, Order in Response to the Decision of the Pre-Trial Chamber on Co-Prosecutors’ Appeal Against the Co-Investigating Judges’ Order on Request to Place Additional Evidentiary Material on the Case File Which Assists in Proving the Charged Persons’ Knowledge of the Crimes, D365/3 (21 June 2010) (responding to a decision by the PTC and expanding the OCIJ’s reasons for a decision on the Co-Prosecutors’ request to place additional evidentiary material in Case File 2)
Nuon Chea, OCIJ, Civil Parties, Capacity And Specialisation of Civil Party Lawyer Group “Avocats Sans Frontiere France”, D337/6/1 (18 May 2010) (offering to represent those civil parties involved in the ECCC proceedings who have not yet obtained legal representation)
Nuon Chea, OCIJ, Order On Co-Prosecutors’ Request For Investigative Action Regarding Interviews of NUON Chea And The Film “Enemies Of The People”, D344/1 (9 April 2010)
Nuon Chea, OCIJ, Letter of the CIJs To Robert Lemkin Dated 15-02-2010, D344/1.3 (15 February 2010)
Nuon Chea, OCIJ,Email Of Robert Lemkin Dated 09-02-2010, D344/1.2 (9 February 2010)
Nuon Chea, OCIJ, Letter of the CIJs To Robert Lemkin Dated 03-02-2010, D344/1.1
(3 February 2010)
Addendum to First ‘Request for Investigation’ (7 Dec 2009) (Suggesting violations of Internal rules and requesting additional investigation).
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)
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).
Nuon Chea’s Fifteenth Request for Investigative Action; and Related Letters from Ieng Sary’s Lawyer Concerning Evidence Obtained from Torture (30 Oct 2009) (Stating that a full assessment of evidence cannot be conducted until the end of the investigation).
Nuon Chea, OCIJ, Response to the Letter of NUON Chea’s lawyers on lack of confidence in the Judicial Investigation, D221/1 (27 October 2009)
Nuon Chea, OCIJ, Def., Letter of NUON Chea’s lawyers on lack of confidence in the Judicial Investigation, D221 (15 October 2009)
Nuon Chea, OCIJ, Order on extension of Provisional Detention of Nuon Chea, C9/6 (15 September 2009).
Fifteenth Request for Investigative Action (1 Sept 2009) (Requesting the OCIJ to identify any torture-tainted evidence it intends to rely upon).
Request of Investigative Actions Dated 14 August 2009 (14 Aug 2009) (Acknowledging receipt of the request).
Nuon Chea, 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 jurisdiction, 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)
Nuon Chea, OCIJ, Def., Eleventh Request for Investigative Action, D158 (27 March 2009) (Requesting that the OCIJ investigate allegations of ongoing corruption at the ECCC)
Nuon Chea, 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)
Partial Transcript of Recorded Interview with Mr. Oeun Tan (9 Oct 2008) (Providing a partial transcript of the interview of Mr. Oeun Tan)
Nuon Chea, OCIJ, Order on Extension of Provisional Detention (16 Sept. 2008)
Nuon Chea, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
Nuon Chea, OCIJ, Order Refusing a Request for Annulment of Initial Appearance (24 Jan. 2008)
- French version
- Khmer version
Nuon Chea, OCIJ, Order of Provisional Detention (19 Sept. 2007)

Pre-Trial Chamber

Pleadings

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)
Waiving Right to Be Present (14 Nov 2012) (Waiving the right to be present at the hearing on that date)
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)
Notice of Joinder to Ieng Sary’s Request E-234 (2 Nov 2012) (Requesting that Ieng Sary’s request to seek clarification as to the questioning of Witness Norng Sophang be joined with Nuon Chea’s request)
Transcript of Trial Proceedings (19 Oct 2012) (Providing a transcript of the proceedings on that date)
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)
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)
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)
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 of Impeachment Material for TCW-487 (28 May 2012) (Setting forth the material it wishes to put before the court to test the credibility of TCW-487)
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)
Nuon Chea, PTC, Joint Observations on Mr. Nuon Chea, Mr. Ieng Sary and Mrs. Ieng Thirith’s Appeals Against the Closing Order (29 Nov 2010) (Civil Parties’ requesting the PTC to reject defense’s appeal of the OCIJ’s Closing Order)
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)
Nuon Chea, PTC, Pros., Notice of intention to Proceed with Appeal, D3652/11 (23 June 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).
Nuon Chea, 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)
Nuon Chea, PTC, Civil Party, Response on the Appeals by Charged Persons on the OCIJ Order on Request for Investigative Action, D158/5/3/10 (20 May 2009) (supporting defence requests for investigation and release of the UN-OIOS report on corruption)
Nuon Chea, PTC, Def., Appeal Against OCIJ Order on Request for Investigative Action, D158/5/1/1 (4 May 2009) (appealling OCIJ decision not to investigate allegations of corruption at the ECCC)
Nuon Chea, PTC, Civil Party, Letter Reminding PTC to Respond to Request for Reconsideration of the Status of the Internal Rules in the Decision on the Appeal Against the Order Refusing Annulment, D55/I/2 (19 Feb. 2009)
Nuon Chea, PTC, Pros., Response to Appeal on Extension of Provisional Detention, C9/4/2 (22 Jan. 2009)
Nuon Chea, PTC, Def., Appeal Against Order Extending Provisional Detention, C9/4/1 (16 Oct. 2008)
Nuon Chea, PTC, Civil Party, Request for Reconsideration of Legal Status of Internal Rules (13 Oct. 2008) (arguing that Internal Rules should be subordinate to Cambodian Criminal Procedure Code)
Nuon Chea, PTC Pros., Response to Appeal on Separation in Detention (29 July 2008) (Note: Declining to challenge Nuon Chea’s appeal on the grounds that precedent from both the Pre-Trial Chamber of the ECCC and other international criminal tribunals indicates that, in most cases, prisoners should not be denied contact with each other)
Nuon Chea, PTC, Def., Appeal Against Order Concerning Provisional Detention Conditions (16 July 2008) (Note: Challenging the separation of prisoners)
Nuon Chea, PTC, Def. (with lawyers for Ieng Sary and Ieng Thirith), Joint Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
Nuon Chea, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
Nuon Chea, PTC, Pros., Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
Nuon Chea, PTC, Def. (with lawyers for Khieu Samphan, Ieng Sary, and Ieng Thirith), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
Nuon Chea, PTC, Pros., Submission on Civil Party Participation in Provisional Detention Appeals (22 Feb. 2008)
Nuon Chea, PTC, Amici- Anne Heindel, Re- Civil Party Participation in Provisional Detention Appeals (22 Feb. 2008)
Nuon Chea, PTC, Amici- Khmer Institute of Democracy, Re- Civil Party Participation in Provisional Detention Appeals (22 Feb 2008)
Nuon Chea, PTC, Amici- Redress Trust, International Federation of Human Rights, and Avocats Sans Frontieres, Re- Civil Party Participation (21 Feb. 2008)
Nuon Chea, PTC, Amici- Dr. Christopher Safferling, Re- Civil Party Participation (20 Feb. 2008)
Nuon Chea, PTC, Amici: Anne Heindel, Re Civil Party Participation (20 Feb. 2008)
- Khmer Version
Nuon Chea, PTC, Amici: Cambodian Human Rights Action Committee, Re Appeal Against Provisional Detention (13 Dec. 2007)
Nuon Chea, PTC, Def., Appeal Against Order of Provisional Detention (12 Nov. 2007)

Orders, Decisions, and Judgments

Sixth Decision on Fitness of the Accused Nuon Chea to Stand Trial (27 Feb. 2018) (Affirming that Nuon Chea is fit to stand trial)
Decision on Placement of New Documents on the Case File (8 June 2012) (Placing 18 new documents onto the Case File)
Nuon Chea, PTC, Directions to the Co-Lawyers for Ieng Sary, Ieng Thirith and Nuon Chea to File a Response to the Appeals Lodged by the Civil Party Applicants (4 May 2011) (Setting a deadline of May 19, 2011 for defense to file their responses to various appeals before the Pre-Trial Chamber)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, PTC, Decision on Ieng Thirith’s and Nuon Chea’s Appeal Against the Closing Order: Reasons for Continuation of Provisional Detention (21 Jan 2011) (Rejecting the appeals and offering reasons for the extension of provisional detention)
Nuon Chea, PTC, Decision on Urgent Request to Order Resumption of Detention Interviews (19 Jan 2011) (Forwarding the request to the Trial Chamber)
Nuon Chea, PTC, Decision on Ieng Thirith’s and Nuon Chea’s Appeals Against the Closing Order (13 Jan 2011) (Rejecting the appeals, but partially granting two requests for changes to the Closing Order, and sending the cases to trial)
Nuon Chea, 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)
Nuon Chea, PTC, Decision on civil parties’ request for extension of page limit for appeal against order on the admissibility of civil party applicants from current residents of Kampong Speu province (22 September 2010) [only available in Khmer]
Nuon Chea, PTC, Decision on application for disqualification of Judge You Bunleng (9 September 2010)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, PTC, Second decision on Nuon Chea’s and Ieng Sary’s Appeal against the OCIJ Order on requests to summons Witnesses, D314/1/12 (9 September 2010)
Nuon Chea, PTC, Decision on Nuon Chea’s appeal against the Co-Investigating Judges’ Order rejecting request for a Second Expert Opinion, D356/2/9 (1 July 2010) (finding the defense appeal inadmissible)
Nuon Chea, PTC, Decision on Appeal against OCIJ Order on Nuon Chea’s Eighteenth Request for Investigative Action, D273/3/5 (15 June 2010) (denying the defence request for investigative action in interviewing certain persons)
Nuon Chea, PTC, Decision on Appeal against OCIJ Order Rejecting Request for a Second Expert Opinion, D356/2/8 (10 June 2010) (denying the defence request for a second expert opinion)
Nuon Chea, PTC, Decision on Nuon Chea’s Application for Disqualification of Judge Marcel Lemonde (23 March 2010)
Nuon Chea, PTC, Decision on Appeal against the Co-Investigating Judges’ Order on the Charged Person’s Eleventh Request for Investigative Action, D158/5/1/15 (18 August 2009) (finding the Defence appeal inadmissible)
Nuon Chea, PTC, Decision on Appeal Against Extension of Provisional Detention, C9/4/7 (18 May 2009)(affirming extension of provisional detention)
Nuon Chea, PTC, Decision on Civil Parties’ Request for Reconsideration [of Decision on Appeal Against Order Refusing Request for Annulment dated 26 Aug. 2008], D55/I/13 (25 Feb 2009)(denying the request for reconsideration of the decision that the Internal Rules are the favored over the Cambodian Code of Criminal Procedure in the event the two conflict, because the moving parties have failed to show that the challenged Decision is erroneous or leads to injustice)
Nuon Chea, PTC, Decision on Appeal Regarding Appointment of an Expert (22 Oct. 2008) (finding that the appeal of the application to the Co-Investigating Judges to appoint an expert to determine fitness for trial was admissible, but denying the need for the expert)
Nuon Chea, PTC, Decision on Appeal Concerning Provisional Detention Conditions (26 Sept. 2008) (Note: setting aside OCIJ order of 20 May 2008 prohibiting communication between detainees)
Nuon Chea, PTC, Decision on Appeal Against Order Refusing Request for Annulment (26 Aug. 2008) (Note: Appeal denied)
Nuon Chea, PTC, Decision on Civil Party Participation in Provisional Detention Appeals (20 Mar. 2008)
Nuon Chea, PTC, Decision on the Appeal Against the Provisional Detention Order (20 March 2008)
Nuon Chea, PTC, Public Order On the Co-Lawyer’s Urgent Application for Disqualification of Judge Ney Thol Pending the Appeal Against the Provisional Detention Order (4 Feb. 2008)

Trial Chamber

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).
Nuon Chea’s Response to the Proposed Transfer of Evidentiary Material to the Tuol Sleng Museum (22 Apr. 2019) (Objecting to the transfer of the documents before all proceedings in Case 002/02 have been concluded).
Nuon Chea’s Letter Authorising His Lawyers to File an Appeal Against the Case 002/02 Judgment (9 Apr. 2019) (Table of Authorities)
Assignment of New Foreign Co-Lawyer to Represent Mr. Nuon Chea in Case 002/02 (23 Jan. 2019) (Appointing Ms. Doreen Chen as the Foreign Co-Lawyer for Nuon Chea).
Submissions of the International Co-Lawyer for Nuon Chea on His Status in Case 002/02 (15 May 2018) (Addressing concerns that Victor Koppe is not licensed to practice before the ECCC).
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 Case 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).
Nuon Chea’s Amended Closing Brief in Case 002/02 (28 Sept. 2017).
Co-Prosecutor’s Closing Brief (2 May 2017).
Nuon Chea’s Closing Brief in Case 002/02 (2 May 2017).
Civil Party Lead Co-Lawyers’ Closing Brief in Case 002/02 (Public Redacted with Confidential Annexes) (2 May 2017).
Waiving Right to be Present (11 Jan. 2017) (Waiving the Accused’s right to be present on that date).
Waiving Right to be Present (10 Jan 2017) (Waiving the Accused’s right to be present on that date).
Co-Prosecutors’ Response to Nuon Chea’s Request Regarding the Page Limit, Time Limit, and Content of His Closing Brief (21 Oct. 2016) (Requesting that all parties file their closing briefs no later than three months from the date of the conclusion of hearing oral evidence; that the parties make submissions concerning the applicable law in their briefs; requesting page limits for the briefs; and asks that the trial chamber permit all parties to make further submissions on the impact of the judgment on the appeal of case 002/01 on the timeline for preparation of closing briefs).
Civil Party Lead Co-Lawyers’ Response to Nuon Chea’s Request Regarding the Page Limit, Time Limit, and Content of His Closing Brief in Case 002/02 (20 Oct. 2016) (Not opposing the request with respect to page and time limits, but urging that any extension extend to all parties; not opposing the request for a Trial Management Meeting, but suggesting that this meeting occur after the rendering of the Case 002/01 appeal judgment).
Nuon Chea’s Request Regarding the Page Limit, Time Limit, and Content of His Closing Brief in Case 002/02 (11 Oct. 2016) (Requesting an extension of the time limit to draft and file their closing brief from two months to three months, and asking for a 600-page limit for the closing brief, inclusive of footnotes and excluding annexes and appendixes).
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).
Civil Party Lead Co-Lawyers’ Reply to Nuon Chea’s Response to Request for Clarification Relating to Remaining Charges in Case 002 (23 Sept. 2016) (Emphasizing that the omission of reference to Kroch Chhmar Security Center in relation to remaining charges in Case 002 did not stem from an “attempt to avoid incriminating current government officials” and seeking to include it in the Request. Table of Authorities related to the request).
Nuon Chea’s Rule 87(4) Request to Summons Patrick Heuveline as a Demographics Expert in Case 002/02 and to Have Two Related Documents Admitted into Evidence (23 Sept. 2016) (Requesting that the Trial Chamber summons Mr. Patrick Heuveline as an expert in relation to the issue of the death toll during Democratic Kampuchea).
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).
Nuon Chea’s Response to Civil Party Lead Co-Lawyers’ Request for Clarification Relating to the Remaining Charges in Case 002 (19 Sept. 2016) (Requesting that the Trial Chamber include Kroch Chhmar Security Centre in any future discussions of the status of the remaining charges in Case 002).
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).
Nuon Chea’s Rule 87(4) and Rule 93 Requests Related to 2-TCE-82 (Nakagawa Kasumi) (31 Aug. 2016) (Requesting the admission into evidence a recording of the interviews that witness Nakagawa Kasumi performed in preparation of her study on gender-based violence during the Khmer Rouge regime).
Nuon Chea’s Rule 87(4) Request to Admit Nine Documents (Chinese and Thai Sources on Vietnam’s Aggression vis-a-vis Cambodia) (30 Aug. 2016) (Requesting that the Trial Chamber admit into evidence nine documents from Chinese and Thai sources that focus on Vietnam’s aggression toward Cambodia).
Nuon Chea’s Response to International Co-Prosecutor’s Request to Admit Documents Pursuant to rule 87(3) and (4) [E319/52] (29 Aug. 2016) (Requesting that the Trial Chamber reject the Prosecution’s request in its entirety).
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).
Nuon Chea’s Rule 87(4) Request to Admit Four Documents in Relation to Civil Parties 2-TCCP-274 and 2-TCCP-28 (22 Aug. 2016) (Requesting that the Trial Chamber admit four documents into evidence).
Nuon Chea’s Rule 87(4) Request to Admit One Document in Relation to Witness 2-TCW-850 (19 Aug. 2016) (Requesting that a document be admitted into evidence).
Co-Prosecutors’ Response to Nuon Chea’s Rule 87(4) Request to Admit into Evidence an Article Concerning Henri Locard (2-TCE-90) (16 Aug. 2016) (Not objecting to admitting a news article from the Cambodia Daily in which a witness stated that his testimony at trial was ‘cold torture,’ but stating that these comments do not indicate prejudgment or bias).
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).
Nuon Chea’s Rule 87(4) Request for Admission into Evidence of a Document Relevant to Henri Locard’s Testimony (2-TCE-90) (8 Aug. 2016) (Requesting that the Trial Chamber admit an article about a witness describing his negative experience testifying at the ECCC into evidence).
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).
Nuon Chea’s Notice of Current Intention to Exercise his Right to Remain Silent in Case 002/02 (1 Aug. 2016) (Clarifying that it is still Nuon Chea’s intention not to respond to questions and instead exercise his right to remain silent in Case 002/02).
Nuon Chea’s Fifth Witness Request for the Case 002/02 Security Centres and “Internal Purges” Segment (29 July 2016) (Requests that the Trial Chamber summon 8 witnesses to appear during the Security Centres and “Internal Purges” segment of the trial).
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).
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’ 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).
Co-Prosecutors’ Proposed Trial Schedule (with Confidential Annex A) (27 Mar 2013) (Submitting a proposed schedule for the completion of the trial in this case).
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).
Request to Summon TCW-223 as a Character Witness on Behalf of Nuon Chea (22 Feb 2013) (Requesting to summon TCW-223 as the Accused’s sole character witness in Case 002).
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).
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)
Notice of Changes to Defence Team Members List (12 Feb 2013) (Listing the addition of three interns to the Defence Teams)
Response to OCP Objections to Defence Documents (8 Feb 2013) (Requesting that the Chamber admit document E131/1/13.11 into evidence)
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)
Rule 87(4) Request to Use a Document During Cross-Examination (24 Jan 2013) (Requesting to use a document during the examination of TCW-110 and TCW-326)
Co-Prosecutors’ Submission on Scope of the Health Assessment of Nuon Chea and Ieng Sary (21 Jan 2013) (Stating that the upcoming health assessment should cover both physical and mental health and should suggest any adjustments or improvements necessary for treatment)
Preliminary Submissions Concerning the Applicable Law (18 Jan 2013) (Submitting the applicable law concerning the legal elements and modes of liability for the crimes charged in Case 002/01)
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)
Summons-Accused (20 Dec 2012) (Summonsing the Accuseds to court on 8 January 2013)
Re-Appointment of Experts to Review the Health and Fitness of Ieng Sary and Nuon Chea During the Week of 11 March 2013 (18 Dec 2012) (Stating that the health of both Accuseds will be reviewed during that week)
Waiving Right to Be Present (17 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
Waiving Right to Be Present (14 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
Waiving Right to Be Present (13 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
Waiving Right to Be Present (6 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
Waiving Right to Be Present (5 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
Waiving Right to Be Present (4 Dec 2012) (Waiving the Accused’s right to be present at the hearing on that date)
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)
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)
Waiving Right to be Present (23 Nov 2012) (Waiving the Accused’s right to be present at the remainder of the hearings on that date)
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)
Reply to International Co-Prosecutor’s Response to Nuon Chea’s Motion in Support of Ieng Sary’s Request to Hear Hor Namhong and Keat Chhon (23 Nov 2012) (Submitting that the ICP’s response is misleading, unpersuasive and should be rejected by the Chamber)
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)
Memorandum from the Trial Chamber Senior Legal Officer to the Amsterdam Bar Association (19 Oct 2012) (Clarifying that the action taken amounts to a formal complaint by the Chamber)
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-Laywers the opportunity to indicate which Civil Party Applications are part of the representative sample that they wish to offer into evidence)
Continuing Professional Misconduct of Lawyer Admitted to Your Bar Association (18 Oct 2012) (Advising the Departmental Disciplinary Committee for the First Judicial Department, Appellate Division, New York State Supreme Court of the alleged misconduct of Attorney Andrew Ianuzzi)
Transcript of Trial Proceedings (9 Oct 2012) (Providing a partial transcript of the trial proceedings on October 9, 2012)
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)
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’ 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)
Rule 87 Request to Use Documents During Cross-Examination of Witness Philip Short (3 Sept 2012) (Laying out the list of documents it wishes to use during the cross-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)
Co-Prosecutors’ Response to Nuon Chea’s ‘Rule 35 Request Calling for Summary Action Against Minister of Foreign Affairs Hor Namhong’ (27 Aug 2012) (Opposing the Defence motion and arguing that the comments by the Minister do not amount to an interference with justice)
Addendum to Rule 35 Request for Summary Action Against Minister of Foreign Affairs Hor Namhong (24 Aug 2012) (Submitting additional facts that should compel the Trial Chamber to investigate whether there are grounds to begin proceedings against the Minister)
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)
Rule 35 Request Calling for Summary Action Against Minister of Foreign Affairs Hor Namhong (13 Aug 2012) (Stating that the Minister’s recent remarks to the press amount to an interference with justice and asking the Chamber to issue a warning to the Minister)
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)
Response to Rule 87(4) Request to Place a New Document on the Case File (E127) (7 Aug 2012) (Rejecting the Defence request to add a new document to the Case File)
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)
Response to Nuon Chea’s Request for Disclosure of Forwarding Order in Case 003 (E204) (20 July 2012) (Stating the Chamber has no jurisdiction to grant the request and that the Defence did not specify an adequate basis for its application)
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)
Second Rule 87 Request to Use Documents During Cross-Examination of Expert Witness Professor David Chandler (17 July 2012) (Requesting to use supplementary documents in the cross-examination of expert David Chandler)
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)
Rule 87 Request to Use Documents During Cross-Examination of Expert Witness Professor David Chandler (12 July 2012) (Requesting to use documents to test the credibility of expert David Chandler)
Summons-Expert (8 June 2012) (Summoning Expert David Chandler to court on 16 July 2012)
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)
Professional Misconduct of Lawyer[s] Admitted to Your Bar Association (29 June 2012) (Informing the Amsterdam Bar Association and the New York State Bar Association about the misconduct of two lawyers on the Nuon Chea Defence Team)
Co-Prosecutors’ Response to Nuon Chea’s ‘Notice to the Trial Chamber Regarding Research at DC-Cam’ (28 June 2012) (Requesting that the Trial Chamber clarify what actions the Defence wants to take are permissible research actions at DC-Cam)
Request for a Public Oral Hearing Regarding the Calling of Defence Witnesses (22 June 2012) (Requesting a hearing to determine whether the remaining Defence witnesses will be called in court)
Rule 87 Request to Put New Evidence to TCW-321 for Impeachment Purposes (19 June 2012) (Requesting to put certain material to TCW-321 to test the credibility of the witness)
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).
Notice to the Trial Chamber Regarding Research at DC-Cam (19 June 2012) (Putting the Trial Chamber on notice that the Nuon Chea Defence Team intends to conduct independent research at DC-Cam to inspect and ensure the validity of documents the OCP intends to rely upon).
Rule 87 Request to Put New Evidence to TCW-797 for Impeachment Purposes (18 June 2012) (Requesting to put certain material to TCW-797 to test the credibility of the witness)
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)
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)
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).
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)
Application for Immediate Action Pursuant to Rule 35 (25 Apr 2012) (Requesting a full investigation as to the effects of the resignation of Judge Laurent Kasper-Ansermet on the fairness of the proceedings and a stay of the trial until the outcome of such an inquiry has been made)
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)
[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)
Co-Prosecutors’ Response to Nuon Chea’s ‘Request to Hear Defence Witnesses and to Take Other Procedural Measures in Order to Properly Assess Historical Context’ (29 Mar 2012) (Requesting a denial of Nuon Chea’s request because the Defence is asking to be treated exceptionally and to be excused from complying with orders)
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)
Request to Hear Defence Witnesses and to Take Other Procedural Measures in Order to Properly Assess Historical Context (16 Mar 2011) (Requesting that the Trial Chamber not yet close the background segment of the first mini-trial and requesting that the Trial Chamber call other pertinent witnesses whose testimony is relevant to the historical background)
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)
Comments on Civil Party Lead Co-Lawyers’ Letter ‘Urgent Letter to the Trial Chamber Requesting Appropriate Measures to Secure the Temporary Segregation of Witness Kaig Guek Eav from His Fellow Detainees’, 5 March 2012 (7 Mar 2012) (Supporting the request to separate Duch from the Accused persons in Case 002 because Nuon Chea fears threats against his life by the witness)
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)
Co-Prosecutors’ Response to Nuon Chea’s Application for Summary Action Against Prime Minister Hun Sen (5 Mar 2012) (Submitting that the Chamber should not admit the application)
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)
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)
Reply to OCP Response to List of Documents to Be Put Before the Chamber During the First Mini-Trial (27 Feb 2012) (Stating that the Chamber’s decision to prevent the introduction of relevant evidence is a violation of International Law and that flexible and arbitrary deadlines should not be used to thwart the Accused’s right to present evidence)
Co-Prosectuors’ Response to Nuon Chea’s Further Submissions Relating to Request for Clarification of Provenance/Chain of Custody of DC-CAM Documents (24 Feb 2012) (Stating the standard sought by the Defence is more stringent than necessary and that the OCP has already fully provided the amount of information needed to establish the authenticity of documents it seeks to admit)
Co-Prosecutors’ Response to Nuon Chea’s Third Application for Disqualification of Judge Cartwright (24 Feb 2012) (Submitting the application is devoid of merit and should be dismissed just as the prior two applications were)
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)
Application for Summary Action Against Hun Sen Pursuant to Rule 35 (22 Feb 2012) (Applying for summary action against Prime Minister Hun Sen because of recent comments that violate Nuon Chea’s right to be presumed innocent)
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)
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)
List of Defence Team Members (10 Feb 2012) (Providing the most up-to-date list of all Defence Team Members)
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)
Third Application for Disqualification of Judge Cartwright (14 Feb 2012) (Requesting the Trial Chamber admit the application to disqualify Judge Cartwright because recent comments show a bias against Nuon Chea and to order her to immediately step down from any proceedings against Nuon Chea)
Co-Prosecutors’ Response to Nuon Chea’s List of Documents to Be Put Before the Chamber During the First Mini-Trial (13 Feb 2012) (Requesting that the Trial Chamber reject the List of Documents because the Defence did not comply with the Chamber’s directions but noting that 14 of the documents on the List have already been proposed to be admitted by the Co-Prosecutors)
List of Defence Team Members (8 Feb 2012) (Providing the most up-to-date list of each Defence Team Member)
Notice of Change to Defence Team Members List (8 Feb 2012) (Announcing recent arrivals and departures to the Defence Team)
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)
Further Submissions Relating to Request for Clarification of Provenance/Chain of Custody of DC-Cam Documents (9 Feb 2012) (Requesting that the Trial Chamber ask the DC-Cam to provide information with regards to documents on which they intend to rely that are found in its database fields 316 and 317)
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)
List of Documents to Be Put Before the Chamber During the First Mini-Trial (31 Jan 2012) (Submitting the Counsel for Nuon Chea’s first list of specific documents to be put before the Trial Chamber in the first mini-trial and requesting that the Chamber admit all of the documents on the list)
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)
Dr. Bursztajn’s Response to the Trial Chamber’s Order of 20 December 2011 and Related Correspondence (11 Jan 2012) (Stating how the documents in question came into his possession, that they are still in his possession, and that their contents have not been communicated to others)
Document Objections & Further Submissions Pursuant to Rule 92 (5 Jan 2012) (Objecting to the submission of various documents and stating that documents relied upon by the Chamber must be authentic and that the Defence intends to submit more documents to the Chamber)
Nuon Chea, 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)
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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Request for Investigation Pursuant to Rule 35 Regarding Alleged Unauthorized Disclosure of Strictly Confidential Material to External Consultant by Nuon Chea Defence (1 Dec 2011) (Requesting that the Trial Chamber should conduct further investigations to ascertain whether there are sufficient grounds for instigating proceedings before resorting to further punitive measures and stating that the Fitness Decision amounts to an inappropriate attempt to prevent the Defence from carrying its responsibility effectively)
Nuon Chea, TC, Co-Prosecutors’ Joint Response to: 1) Nuon Chea’s Urgent Application for Disqualification of Judge Cartwright; and 2) Ieng Sary’s Request for Investigation Concerning Ex Parte Communications Between the International Co-Prosecutor, Judge Cartwright and Others (1 Dec 2011) (Requesting that the Trial Chamber dismiss the Nuon Chea Application and the Ieng Sary Request as inadmissible, manifestly unfounded, dilatory and/or not in the interests of justice)
Nuon Chea, 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)
Nuon Chea, TC, Opening Statement of Son Arun (23 Nov 2011) (Giving the Opening Statement of Son Arun)
Nuon Chea, TC, Michiel Pestman, Nuon Chea Defence Team Response to Opening Statement by Prosecutor (25 Nov 2011) (Giving a Transcript of Michiel Pestman’s response to the Opening Statement)
Nuon Chea, TC, Request to Place Documents on the Case File (25 Nov 2011) (Requesting to place two documents on the case file)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Recognition of Foreign Co-Laywer Andrew Ianuzzi (24 Nov 2011) (Recognizing Mr. Andrew Ianuzzi as the foreign Co-Lawyer for Nuon Chea for the purposes of the proceedings before the Trial Chamber)
Nuon Chea, 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-Laywers)
Nuon Chea, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
Nuon Chea, TC, Notice of Change to Defence Team Members List (22 Nov 2011) (Noting all recent changes to the Defence Teams)
Nuon Chea, 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).
Nuon Chea, TC, Urgent Application for Disqualification of Judge Cartwright (21 Nov 2011) (Requesting the disqualification of Judge Silvia Cartwright from the rest of the proceedings in Case 002 due to alleged bias)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Objections, Observations, and Notifications Regarding Various Documents to Be Put Before the Trial Chamber (14 Nov 2011) (Requesting the Trial Chamber only admit documents whose authenticity has been verified, requesting a reasonable mechanism for lodging complaints against admitted documents, and rejecting the proposal that witnesses should be permitted to study their previous statements in advance of providing testimony to the chamber)
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.)
Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Response to Co-Prosecutors’ Request for Reconsideration of the Severance Order (11 Oct 2011) (Urging the Trial Chamber to stand by the terms of its current Severance Order)
Lead Co-Lawyers and Civil Party Lawyers Request for Reconsideration of the Terms of the Severance Order E124 (18 Oct 2011) (Requesting the Trial Chamber reconsider its severance order and grant the opportunity to debate the issue in a public hearing in the interests of justice)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Response to Co-Prosecutors’ Request Regarding Nuon Chea’s Second Failure to Comply with the Trial Chamber’s Orders to Provide Their List of Documents and Exhibits Which They Intend to Put Before the Trial Chamber (15 Aug 2011) (Requesting the Trial Chamber to reject the OCP’s motion to preclude Nuon Chea’s defense from submitting any documents or exhibits at trial that were not included in defense’s pre-trial list of evidence that it intends to introduce at trial, arguing the OCP’s request violates the Cambodian Code of Criminal Procedure and Nuon Chea’s fundamental due process rights)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Co-Prosecutors’ Request Regarding Nuon Chea’s Second Failure to Comply with the Trial Chamber’s Orders to Provide Their List of Documents and Exhibits Which They Intend to Put Before the Trial Chamber (5 Aug 2011) (Requesting the Trial Chamber to preclude Nuon Chea’s defense from submitting evidence at trial that was not included in its pre-trial list of proposed documents and exhibits)
Nuon Chea, TC, Response to Co-Prosecutors’ Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP’s motion)
Nuon Chea, TC, Response to Co-Prosecutors’ Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP’s motion as a violation of international legal principles)
Nuon Chea, TC, Joint Response of Ieng Sary, Ieng Thirith and Nuon Chea on Co-Prosecutors’ Submission on Statute of Limitations for National Crimes (17 June 2011) (Requesting the Trial Chamber to reject the submission)
Nuon Chea, TC, Co-Prosecutors’ Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 June 2011)
Nuon Chea, TC, Co-Prosecutors’ Request for the Trial Chamber to Recharacterize the Facts Establishing the Conduct of Rape as the Crime Against Humanity of Rape Rather than the Crime Against Humanity of Other Inhumane Acts (16 June 2011)
Nuon Chea, 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)
Nuon Chea, TC, Co-Prosecutors’ Joint Response to Ieng Sary’s “Motion to Add New Trial Topics to the Trial Schedule” and Nuon Chea’s “Motion in Support of Ieng Sary’s Motion to Add New Trial Topics to the Trial Schedule and Request to Add Additional Topics” (6 Jun 2011) (Requesting the Trial Chamber to reject the requests and, in any event, provide as much advanced notice as possible to the parties regarding the trial schedule)
Nuon Chea, 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)
Nuon Chea, TC, Co-Prosecutors’ Notification of Legal Issus it Intends to Raise at the Initial Hearing (19 Apr 2011)
Nuon Chea, TC, Notice of Joinder in Ieng Sary’s Initial Submissions Regarding Documents to be Relied Upon at Trial & Additional Submissions Regarding New Evidence (19 Apr 2011)
Nuon Chea, TC, Co-Prosecutors’ Response to Nuon Chea’s ‘Request to Trial Chamber to Order Resumption of Detention Interviews’ (28 Mar 2011) (Requesting the Trial Chamber to reject the request)
Nuon Chea, TC, Motion in Support of ‘Ieng Sary’s Motion to Add New Trial Topics to the Trial Schedule’ and Request to Add Additional Topics (25 May 2011)
Nuon Chea, TC, Initial Submissions Regarding Uncontested Facts (25 Mar 2011) (Contesting all facts alleged in the Closing Order)
Nuon Chea, TC, Reply to Co-Prosecutors’ Joint Response to Ieng Thirith, Ieng Sary, and Nuon Chea’s Applications for Disqualification of the Judges (2 Mar 2011) (Responding to the Co-Prosecutors and reiterating their request for disqualification of the Trial Chamber Judges for the appearance of bias)
Nuon Chea, TC, Notice of Appeal of TC’s Decision on the Urgent Application for the Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (1 Mar 2011)
Nuon Chea, 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)
Nuon Chea, TC, Consolidated Preliminary Objections (25 Feb 2011) (Offering their preliminary objections and requesting the immediate release of Nuon Chea and the termination of his prosecution)
Nuon Chea, TC, Urgent Application for Disqualification of the Trial Chamber Judges (24 Feb 2011) (Requesting disqualification of the Trial Chamber Judges and requesting a special panel be convened to determine the application)
Nuon Chea, TC, Summaries of Proposed Witnesses, Experts and Civil Parties (23 Feb 2011)
Nuon Chea, TC, Co-Prosecutors’ Response to Ieng Thirith, Ieng Sary and Nuon Chea’s Applications for Disqualification of the Judges (23 Feb 2011) (Requesting the Trial Chamber to dismiss the applications)
Nuon Chea, TC, Co-Prosecutors’ Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
Nuon Chea, TC, Reply to Co-Prosecutors’ Response to Nuon Chea’s Urgent Application for Appointment of a Fitness Expert (21 Feb 2011) (Emphasizing that defense has stated adequate basis for the appointment of a fitness expert and requesting that one be appointed to examine Nuon Chea)
Nuon Chea, TC, Preliminary Objection Concerning the Legality of the Internal Rules and Effect of Trial Chamber’s Order of 17 January 2011 (11 Feb 2011) (Asking the Trial Chamber to declare the Internal Rules null and void on constitutional grounds)
Nuon Chea, TC, Urgent Request for Additional Time to File Reply to Co-Prosecutors’ Response to Nuon Chea’s Urgent Application for Appointment of a Fitness Expert (10 Feb 2011) (Asking for an extension to file their reply until 21 February 2011)
Nuon Chea, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
Nuon Chea, TC, Urgent Application for Appointment of Fitness Expert (02 Feb 2011) (Requesting the Trial Chamber to appoint an expert to evaluate Nuon Chea’s fitness to stand trial)
Nuon Chea, TC, Co-Prosecutors’ Observations on Ieng Thirith’s and Nuon Chea’s Urgent Defense Request to Determine Deadlines (25 Jan 2011) (Requesting the Trial Chamber to reject Ieng Thirith’s and Nuon Chea’s requests to adjust the commencement date of time limits imposed by Rules 80 and 89)
Nuon Chea, TC, Urgent Application for Immediate Release of Nuon Chea (18 Jan 2011) (Requesting release on multiple procedural grounds)
Nuon Chea, TC, Urgent Defense Request to Determine Deadlines (14 Jan 2011) (Requesting the Trial Chamber to clarify the deadlines imposed by Internal Rules 80 and 89)
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)

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).
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).
Summary of Judgment, Case 002/02 (16 Nov. 2018) (Finding Nuon Chea to be guilty of crimes against humanity, grave breaches of the Geneva Convention, and genocide, and sentencing him to life imprsonment).
Acknowledgment of Receipt of BAKC’s Response Dated 21 June 2018 (27 June 2018).
Status of International Co-Counsel for Nuon Chea in Case 002/02 (2 May 2018) (Inviting Mr. Koppe to immediately seek admission to a recognized association of lawyers in a UN member state other than Cambodia by 15 May 2018).
Status of International Co-Counsel in Case 002/02 (14 March 2018) (Directing the chief of the Defense Support Section to clarify International Co-Counsel Victor Koppe’s status as a member of the Amsterdam Bar Association).
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 Nuon Chea Defence Requests to Hear Additional Witnesses Pursuant to Internal Rule 87(4) (Full Reasons) (30 Mar. 2017) (Granting requests to hear Cheal Cheoun, Huon Choeum, Chhorn Vorn, Sem Am, Long Vun, Tes Ol, Suoy Sav, Nim Kimsreang, Meas Soeun, and Mey Savoeun).
Further Inquiry Regarding Finalisation of Transcripts (24 March 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).
Written Reasons for Decision on Nuon Chea’s Rule 92 Motion to Use Certain S-21 Statements (26 Jan. 2017) (Denying the request to allow the use of the Statements, except within the limited circumstances authorised by the Chamber in the Torture Decision; denying the request to conduct further investigations under Internal Rule 93).
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).
Notice of Trial Chamber’s Decision Not to Hear 2-TCW-946 (Walter Heynowski) (18 Jan. 2017) (Denying the request to hear Prof. Heynowski).
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 Nuon Chea Internal Rule 87(4) Request to Admit Documents Related to Robert Lemkin (2-TCW-877) and on Two Related Internal Rule 93 Requests (28 Dec. 2016).
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 Nuon Chea’s Request for Investigative Action in Relation to Alexander Hinton (2-TCE-88) (10 Nov. 2016) (Denying the request of the Nuon Chea Defence to gain access to the records of interviews collected by Mr. Hinton in preparation of his book, “Why Did they Kill?” and denying the alternative request of the Co-Prosecutors to call 2-TCW-884 as a witness).
Decision on Nuon Chea Defence Internal Rules 87(4) and 93 Request (E445/1) (8 Nov. 2016) (Admitting documents 1 to 7 referred to in E445/1 and denying the admission to document 8).
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).
Decision on Nuon Chea Defence Internal Rule 87(4) Requests E434 and E435 (3 Nov. 2016) (Admitting documents 1, 11, and 12 referred to in E434 and denying the admission of remaining documents; Admitting Document 8 in E435 and denying admission of the remaining documents).
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).
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 Nuon Chea Defence Requests to hear Additional Witnesses pursuant to Internal Rule 87(4) (21 Sept. 2016) (Granting requests to hear Cheal Cheoun, Huon Choeum, Chhorn Vorn, Sem Am, Long Vun, Tes Ol, Suoy Sav, Nim Kimsreang, Meas Soeun, and Mey Savoeun).
Decision on Nuon Chea Rule 87(4) Request for Admission of Material in Relation to the Late King Father Norodom Sihanouk (21 Sept. 2016) (Finding that the proposed Material has limited relevance for the current trial and is inadmissible).
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 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).
Decision on the Parties’ Requests to Admit Documents Pursuant to Internal Rule 87(4) and on Nuon Chea’s Rule 93 Request Relevant to the Testimony of Expert Nakagawa Kasumi (2-TCE-82) (12 Sept. 2016) (Admitting new documents into evidence, but finding that the request related to Nakagawa Kasumi is moot).
Decision on Nuon Chea’s Rule 87(4) Request to Admit into Evidence a Document Related to the Testimony of Expert Henry LOCARD (2-TCE-90) (7 Sept. 2016) (Finding that the requirements of Internal Rule 87(4) have been satisfied and admitting the Document into evidence).
Fifth Decision on Fitness of the Accused Nuon Chea to Stand Trial and Order for Quarterly Cognitive Testing (6 Sept. 2016) (Affirming that Nuon Chea is fit to stand trial).
Decision on Nuon Chea Defence Rule 87(4) Request relating to 2-TCW-1005 (2 Sept. 2016) (Admitting the written record of an interview from a witness in Case 003 into evidence in Case 002).
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 Nuon Chea Defence request to correct his witness lists in relation to Character Witnesses (26 Aug. 2016) (Granting the request).
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 Appointment of Court Appointed Counsel for Khieu Samphan (21 November 2014).
Decision on Applications for the Disqualification of Trial Chamber Judges (14 November 2014).
Decision on Civil Party Lead Co-Lawyers’ Request to Make Opening Remarks (14 October 2014).
Case 002/01 Judgment (7 August 2014).
Decision on Fitness of the Accused Nuon Chea to Stand Trial (28 April 2014).
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 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).
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).
Second Decision on Accused Nuon Chea’s Fitness to Stand Trial (2 Apr 2013) (Affirming its finding that the Accused is fit to stand trial).
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 Consequences 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)
Adjournment of Proceedings (16 Jan 2013) (Requesting that the parties indicate whether their sick clients would waive their right to be present so that the Chamber may continue with the document hearings)
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)
Order to Bring (20 Dec 2012) (Ordering the Detention Facility to bring the Accuseds to court on 8 January 2012)
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 Assignment of Experts (5 July 2012) (Ordering the appointment of David Chandler, Philip Short and Elizabeth Becker as experts in Case 002)
Decision on Nuon Chea Defence Counsel Misconduct (29 June 2012) (Issuing a warning to the Nuon Chea Defence counsel and describing the reasoning for the warning and the consequences should counsel refuse to end their misconduct)
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)
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)
Decision on Nuon Chea’s Request for a Rule 35 Investigation Regarding Inconsistencies in the Audio and Written Records of OCIJ Witness Interviews (13 Mar 2012) (Rejecting the request for a judicial investigation into the matter but informing the parties that should any of the witnesses identified in paragraphs 4-7 of the Nuon Chea request be called to testify, they may be confronted with the discrepancies in their testimony and that any witness in Case 002 may be confronted with any alleged discrepancies in their testimony provided it is in the interest of justice to do so)
Decision on Application for Disqualification of Judge Silvia Cartwright (9 Mar 2012) (Denying Nuon Chea’s request for the immediate and permanent disqualification of Judge Cartwright)
Nuon Chea, TC, Decision on Nuon Chea Defence Request for Internal Rule 35 Investigation Following Unauthorized Disclosure of Confidential Documents (20 Dec 2011) (Ordering the external medical consultant who provided a report the defense (Dr. Bursztajn) to inform the chamber of how he came into possession of confidential documents, whether he still has possession of those documents and to clarify whether any information in those documents has been communicated to third parties)
Nuon Chea, TC, Decision on Motions for Disqualification of Judge Silvia Cartwright (2 Dec 2011) (Rejecting Ieng Sary’s request for an investigation and denyng the immediate and permanent disqualification of Judge Cartwright)
Nuon Chea, 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)
Trial Chamber Response to Nuon Chea’s Request to Temporarily Stay the Proceedings in Case 002 (E131/2) (2 Nov 2011) (Denying the motion and holding there is no basis to grant a temporary stay of the proceedings)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, 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)
Nuon Chea, TC, Decision on Nuon Chea’s Preliminary Objection Alleging the Unconstitutional Character of the ECCC Internal Rules (8 Aug 2011) (Rejecting defense’s objections as inadmissible and meritless)
Nuon Chea, TC, Decision on Nuon Chea’s Request to Trial Chamber to Order Resumption of Detention Interviews (11 May 2011) (Denying the request)
Nuon Chea, TC, Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (16 Feb 2011) (Rejecting the applications)
Nuon Chea, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
Nuon Chea, 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)

Supreme Court Chamber

Pleadings

Co-Prosecutors’ Response to the Urgent Request Concerning the Impact on Appeal Proceedings of Nuon Chea’s Death Prior to the Appeal Judgment (F46/2) (29 Aug. 2019) (Requesting that the Supreme Court Chamber dismiss the Nuon Chea defense request).
Co-Prosecutors’ Urgent Request to File Their Response to the Nuon Chea Defence Team’s Urgent Request in English First (28 Aug. 2019) (Seeking permission to file their request in English by September 2, followed by a Khmer translation).
Civil Party Lead Co-Lawyer’s Response to Nuon Chea’s Urgent Request Concerning the Impact on Appeal Proceedings of Nuon Chea’s Death Prior to the Appeal Judgment (26 Aug. 2019) (Requesting that the Supreme Court Chamber take into account Civil Party rights and interests when deciding the Nuon Chea defence team’s request)
Co-Prosecutors’ Response to the Urgent Request to Reinstate the Nuon Chea Defence Team (22 Aug. 2019) (Stating that it is in the interests of the proper administration of justice for Nuon Chea’s co-lawyers to maintain standing before the SCC until the Urgent Request on the Impact of Nuon Chea’s Death has been decided).
Urgent Request to Reinstate Nuon Chea Defence Team (13 Aug. 2019) (Requesting that the Supreme Court Chamber issue an urgent order to the ECCC Administration to reinstate all members of the Nuon Chea Defence Team immediately until the Supreme Court Chamber determines otherwise).
Urgent Request Concerning the Impact on Appeal Proceedings of Nuon Chea’s Death Prior to the Appeal Judgment (6 Aug. 2019) (Requesting that the Chamber either terminate the appellate proceedings concerning Nuon Chea, vacating the judgment; or allowing the appellate proceedings to continue in the interests of justice, with Nuon Chea’s lawyers continuing representation after his death).
Co-Prosecutors’ Submission of Nuon Chea’s Death Certificate (5 Aug. 2019) (Submitting Nuon Chea’s death certificate).
Co-Prosecutors’ Response to Nuon Chea’s Request for Additional Time and Page Limits for His Appeals Brief (1 Aug. 2019) (Requesting that the Supreme Court Chamber deny Nuon Chea’s request for 10.5 months and 1,000 pages and instead grant an extension of 5 months and 300 pages; and grant the Co-Prosecutors 70% of the combined total of pages and 50% of the combined time granted to both Defence teams).
Civil Party Lead Co-Lawyer’s Response to Nuon Chea’s First Request for an Extension of Time and Page Limits for Filing His Appeal Brief Against the Trial Judgment in Case 002/02 (02 Aug. 2019) (Requesting that the Supreme Court Chamber take into account Civil Party rights and interests when deciding the merits of Nuon Chea’s request).
Nuon Chea’s First Request for an Extension of Time and Page Limits for Filing his Appeal Brief Against the Trial Judgment in Case 002/02 (23 July 2019) (Requesting an extension of 8.5 months, for a total of 10.5 months from the filing of the Notice of Appeal; and an additional 970 pages, for a total of 1,000 pages in English).
Nuon Chea’s Notice of Appeal Against the Trial Judgment in Case 002/02 (1 July 2019) (Alleging numerous errors in law and fact that should invalidate the entire judgment, a series of convictions, or individual convictions).
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).
Nuon Chea’s Urgent First Request for an Extension of Time and Page Limits for Filing His Notice of Appeal Against the Trial Judgement in Case 002/02 (3 Apr. 2019) (Requesting a 150-day extension of the 30-day time limit to file Nuon Chea’s notice of appeal, and a 70-page extension of the 30-page limit for the notice of appeal; Table of Authorities).
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).
Second Request to Consider Additional Evidence in Connection with the Appeal Against the Trial Judgment in Case 002/01
Co-Prosecutors’ Request 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)
Request to Consider Additional Evidence (15 Mar 2013) (Requesting that the Chamber admit the excerpts of the Lemonade Book to be considered with the immediate appeal)
[Redacted] Immediate Appeal Against Trial Chamber Decision on Application for Immediate Action Pursuant to Rule 35 (24 Dec 2012) (Arguing that the Impugned Decision is legally untenable and requesting that the Chamber undertake the requested investigations)
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)
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)
Appeal Against Constructive Dismissal of Application for Immediate Action Pursuant to Rule 35 (10 Oct 2012) (Requesting that the Chamber admit the appeal and evaluate the dismissed Application for Immediate Action)
Co-Prosecutors’ Response to Nuon Chea’s Immediate Appeal Concerning ‘Rule 35 Applications for Summary Action’ (25 June 2012) (Stating Nuon Chea’s appeal is untimely and that the appeal fails to meet the standard of review either for error of law or discernable abuse of discretion)
Request to Accept Late Filing of Appeal Against Trial Chamber Decision Regarding Inconsistencies Between Audio and Written OCIJ Witness Interviews (23 Apr 2012) (Requesting the Supreme Court recognize the late filing because the appeal raises significant issues and no party is prejudiced by the late filing)
Reply to Co-Prosecutors’ Response to Nuon Chea’s Immediate Appeal Against the Trial Chamber Decision Regarding the Fairness of the Judicial Investigation (8 Nov 2011) (Asking the Chamber to grant the relief requested in the Appeal and stating an oral argument at an open hearing would be appropriate in this situation)
Co-Prosecutors’ Response to Nuon Chea’s Appeal Against the Trial Chamber Decision Regarding the Fairness of the Judicial Investigation (2 Nov 2011) (Requesting that the Chamber find the First and Third grounds of the appeal inadmissible, dismiss the appeal in its entirety as failing to meet the standard of review, take any action the Chamber may find appropriate to uphold the integrity of the proceedings, and determine this appeal based on written submissions alone)
Co-Prosecutors’ Request for Extension of Time to Respond to Nuon Chea’s Appeal Against the Trial Chamber Decision Regarding the Fairness of the Judicial Investigation (13 Oct 2011) (Requesting an extension of twenty days to file a response to the Appeal in order to submit a comprehensive response)
[Corrected] Immediate Appeal Against the Trial Chamber Decision Regarding the Fairness of the Judicial Investigation (10 Oct 2011) (Requesting that the Supreme Court Chamber admit the appeal, declare the Impugned Decision invalid, order a public investigation and complete the inquiry before the substantive hearing in Case 002)
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)
Nuon Chea, SC, Reply to Co-Prosecutors’ Response to Nuon Chea’s Appeal Against the Decision on the Urgent Application for Immediate Release of Nuon Chea, Khieu Samphan, and Ieng Thirith (4 Apr 2011) (Requesting the Supreme Court Chamber to annul the decision and order the immediate release of Nuon Chea)
Nuon Chea, SC, Appeal Against Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan, and Ieng Thirith (3 Mar 2011) (Requesting the Supreme Court Chamber to annul the decision and order the immediate release of Nuon Chea)
Nuon Chea, SC, Pros., Co-Prosecutors’ response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)

Orders, Decisions, and Judgments

Decision on Urgent Request Concerning the Impact on Appeal Proceedings of Nuon Chea’s Death Prior to the Appeal Judgment (22 Nov. 2019) (Clarifying that the termination of proceedings did not vacate the Trial Judgment; there is no provision for the proposed appeal to proceed after Nuon Chea’s death; the presumption of innocence applies at all stages of criminal proceedings; the presumption of innocence at appeal is a legal rule and standard applied by the Judges of the Supreme Court Chamber in their review of the grounds of appeal; a final judgment on the guilt or innocence of Nuon Chea cannot be delivered as his death prevented any appellate review; presumption of innocence does not equate to a post mortem finding of not guilty; Nuon Chea’s death does not affect the awards of reparations to the Civil Parties).
Decision on Co-Prosecutors’ Urgent Request to File their Response to the Nuon Chea Defence Team’s Urgent Request in One Language (29 Aug. 2019) (Granting the request).
Decision to Terminate Proceedings against Nuon Chea (13 Aug. 2019) (Finding that Nuon Chea’s death has the effect of extinguishing criminal actions against him and terminates all proceedings against him before the Supreme Court Chamber; and remaining seized of Nuon Chea Defence’s Urgent Request).
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).
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).
Case 002/01 Judgment
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)
Decision on Nuon Chea’s ‘Immediate Appeal Against Trial Chamber Decision on Application for Immediate Action Pursuant to Rule 35’(25 Mar 2013) (Dismissing the appeal in its entirety finding that there is no reasonable basis to believe in any interference with justice)
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)
Request for Information in Relation to Investigations into Interference in Case 003 and 004 (5 Mar 2013) (Requesting the Co-Investigating Judges to provide the Chamber with information on their actions and outcomes regarding investigations in Case 003 and 004)
Order to File a Public Redacted Version of Nuon Chea’s Appeal (E189/3/1/1) (21 Feb 2013) (Instructing the Defence to file a public redacted version of the Appeal).
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 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)
Decision on Nuon Chea’s ‘Appeal Against Constructive Dismissal of Application for Immediate Action Pursuant to Rule 35 (26 Nov 2012) (Dismissing the Appeal as moot without prejudice)
Decision on Nuon Chea’s Appeal Against the Trial Chamber’s Decision on Rule 35 Applications for Summary Action (14 Sept 2012) (Dismissing the appeal on its merits because the issue of criminal liability does not arise in this case)
President’s Order on Replacement of Judge (2 July 2012) (Appointing Reserve Judge Florence N. Mumba to sit in the Supreme Court Chamber until the appointment of a regular judge is made)
Immediate Appeal Against Trial Chamber Decision on Rule 35 Request for Summary Action Against Hun Sen (11 June 2012) (Requesting the Chamber declare the Impugned Decision invalid because the Trial Chamber should have issued a public warning to the prime minister and should have conducted further investigations)
Decision on Nuon Chea’s Request to Accept Late Filing Pursuant to Rule 39(4) (2 May 2012) (Rejecting the request and rejecting the appeal as too late)
Decision on Immediate Appeal by Nuon Chea Against the Trial Chamber’s Decision on Fairness of Judicial Investigation (27 Apr 2012) (Rejecting the appeal and warning the Defence against the disclosure of any classified information without proper authorization)
Decision on Co-Prosecutors’ Request for Extension of Time to Respond to Nuon Chea’s Immediate Appeal Under Internal Rule 104(4)D (18 Oct 2011) (Granting the request insofar as to allow the filing of a response in fifteen calendar days)
Summary of the Reasons For the Decision on Immediate Appeal by Nuon Chea Against the Trial Chamber’s Decision on Fairness of Judicial Investigation (30 Jan 2012) (Rejecting the Appeal, warning the defence against any further unauthorized disclosure of classified information, and deciding to re-classify as public the documents referred to)
Nuon Chea, SC, Decision on Immediate Appeals by Nuon Chea and Ieng Thirith on Urgent Applications for Immediate Release (3 Jun 2011) (Rejecting the appeals)