01005668 Case File No. 002/19-09-2007/ECCC/TC E313 1. INTRODUCTION 1. The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (“Chamber” and “ECCC”, respectively), seised of Case File 002/19-092007/ECCC/TC (“Case 002”), renders its Judgement against NUON Chea and KHIEU Samphan in Case 002/01. 1.1. Brief Procedural Overview of the Case 2. On 18 July 2007, the Co-Prosecutors filed an Introductory Submission pursuant to Internal Rule 53 alleging that NUON Chea, IENG Sary, KHIEU Samphan, IENG Thirith and KAING Guek Eav alias Duch committed various crimes within the jurisdiction of the ECCC.1 On 19 September 2007, the Co-Investigating Judges ordered the severance of the charges under investigation into two case files: Case 001, the scope of which was limited to the allegations against KAING Guek Eav concerning S-21, and Case 002 which incorporates all remaining charges. 2 On 26 July 2010, KAING Guek Eav was convicted of crimes against humanity and grave breaches of the Geneva Conventions.3 The Co-Investigating Judges dismissed the charges against KAING Guek Eav in Case 002 on 14 September 2010.4 3. Between 19 September and 19 November 2007, NUON Chea, IENG Sary, KHIEU Samphan and IENG Thirith were arrested by order of the Co-Investigating Judges, transferred to the ECCC detention facility and notified of the charges against them.5 On 15 September 2010, following a three-year judicial investigation during 1 Introductory Submission, D3, 18 July 2007. The Co-Prosecutors have sole jurisdiction to initiate prosecution of crimes under ECCC jurisdiction by issuing an Introductory Submission (Internal Rules 49(1) and 53). This initiates a judicial investigation conducted by the Co-Investigating Judges (Internal Rule 53(1)). Once this judicial process has started, a judicial investigation is compulsory for crimes within the jurisdiction of the ECCC (Internal Rule 55(1)). The Co-Prosecutors cannot reduce or withdraw all or part of the charges which must be determined by judicial decision. 2 Separation Order (OCIJ), D18, 19 September 2007. 3 Case 001, Judgement, 26 July 2010 (“KAING Guek Eav Trial Judgement”); See also, Case 001, Appeal Judgement (SCC), 3 February 2012 (“KAING Guek Eav Appeal Judgement”). 4 Dismissal Order (OCIJ), D420, 14 September 2010. 5 Written Record of Arrest of NUON Chea (OCIJ), C7, 19 September 2007; Provisional Detention Order of NUON Chea (OCIJ), C9, 19 September 2007; Detention Order of IENG Sary (OCIJ), C23, 14 November 2007; Police Custody Decision (OCIJ), C14, 12 November 2007; Written Record of Arrest of KHIEU Samphan (OCIJ), C24/I, 19 November 2007; Provisional Detention Order (OCIJ), C26, 19 November 2007; Police Custody Decision (OCIJ), C15, 12 November 2007; Written Record of Arrest (OCIJ), C13/I, 12 November 2007; Arrest Warrant (OCIJ), C13, 8 November 2007. Case 002/01, Judgement, 7 August 2014 - Public 1