002/19-09-2007-ECCC-OCIJ ЮŲŠ / No: D427 INTRODUCTION I. 1. CREATION OF THE ECCC 1 Following an official request for assistance by the Kingdom of Cambodia on 21 June 1997, the United Nations and the Royal Government of Cambodia signed an Agreement on 6 June 2003 with a view to the trial of senior leaders of Democratic Kampuchea and those most responsible for the national and international crimes committed in Democratic Kampuchea between 17 April 1975 and 6 January 1979 (“ECCC Agreement”). 2. 2 The ECCC was established within the Cambodian judicial system following the promulgation of the “Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea” (“ECCC 3 Law”). It was officially inaugurated on 3 July 2006. II. 3. PROCEDURAL BACKROUND On 10 July 2006, the Co-Prosecutors initiated a preliminary investigation into the crimes that may have been committed by the leaders of Democratic Kampuchea and those most responsible, during the period from 17 April 1975 and 6 January 1979. On 18 July 2007, they filed an Introductory Submission pursuant to Internal Rule 53 containing allegations against five suspects (Nuon Chea, Ieng Sary, Ieng Thirith, Khieu Samphan and Kaing Guek Eav 4 alias Duch) for alleged criminal acts committed in numerous locations. The Case File was then transferred to the Office of the Co-Investigating Judges (OCIJ) to undertake a judicial investigation under Internal Rule 55. 4. On 31 July 2007, Duch was detained by order of the Co-Investigating Judges and transferred to the ECCC Detention Centre. In the course of the judicial investigation he was charged with 5 crimes against humanity and grave breaches of the Geneva Conventions of 12 August 1949. 5. On 19 September 2007, the Co-Investigating Judges ordered the separation of the Case File concerning Duch’s responsibility in respect to S-21.6 6. Also on 19 September 2007, Nuon Chea was detained by order of the Co-Investigating Judges and transferred to the ECCC detention facility. In the course of the judicial investigation he was charged with crimes against humanity, grave breaches of the Geneva Extraordinary Chambers in the Courts of Cambodia, National Road 4, Choam Chao, Dangkao Phnom Penh Mailing address: P.O. Box 71, Phnom Penh; Tel: +855(0)23 218914 Fax: +855(0) 23 218941. 9