01005671 Case File No. 002/19-09-2007/ECCC/TC E313 found NUON Chea fit to stand trial on 15 November 201116 and reaffirmed his fitness on 29 March 2013.17 IENG Sary and KHIEU Samphan did not contest initial expert reports concluding that they were fit to stand trial.18 Following periods of hospitalisation and remote participation, however, the Chamber again appointed experts to evaluate IENG Sary’s fitness in August and November 2012. 19 Based on the resulting expert reports, the Chamber found IENG Sary fit to stand trial on 26 November 2012.20 IENG Sary’s death on 14 March 2013 extinguished all criminal and civil actions against him.21 7. Opening statements in Case 002/01 commenced on 21 November 2011. On 8 February 2013, following the Co-Prosecutors’ appeal against the Trial Chamber’s refusal to expand the scope of the trial to include S-21 and District 12, the Supreme Court Chamber annulled the Trial Chamber’s severance order and all related decisions.22 Accordingly, the Trial Chamber invited further submissions from the parties on the envisaged scope of trial in Case 002/01.23 On 29 March 2013, the Chamber again severed the proceedings in Case 002, limiting the scope of Case 002/01 to crimes against humanity committed during the course of movement of Chamber to implement a series of post-release conditions on IENG Thirith (Decision on Immediate Appeal against the Trial Chamber’s Order to Unconditionally Release IENG Thirith (SCC), E138/1/10/1/5/7, 14 December 2012). Following clarification from the Supreme Court Chamber concerning these conditions, the Trial Chamber implemented them on 27 June 2013 (IENG Thirith Defence Request for Clarification of the Execution of the Supreme Court Chamber’s Decision on Immediate Appeal against the Trial Chamber’s Order to Unconditionally Release the Accused IENG Thirith (E138/1/10/1/5/8), E138/1/10/1/5/8/3 (TC), 27 June 2013; Order on Measures to be Imposed on IENG Thirith, E138/1/10/1/5/8/4 (TC), 19 July 2013). 16 Decision on NUON Chea’s Fitness to Stand Trial and Defence Motion for Additional Medical Expertise, E115/3, 15 November 2011. 17 T. 29 March 2013, p. 2; Second Decision on Accused NUON Chea’s Fitness to Stand Trial, E256/5, 2 April 2013. 18 Scheduling Order for Preliminary Hearing to Stand Trial (TC), E110, 11 August 2011. 19 Medical Examination of Accused IENG Sary, E222, 24 August 2012; Medical Report on Mr. IENG Sary, E222/1, 10 September 2012; Re-appointment of Professor A. John CAMPBELL (IENG Sary) (TC), E238, 8 October 2012. 20 Decision on Accused IENG Sary’s Fitness to Stand Trial, E238/9, 26 November 2012. 21 Termination of the Proceedings against the Accused IENG Sary, E270/1, 14 March 2013. In the interests of justice, the Chamber still took into account relevant submissions made by the IENG Sary Defence prior to his death that remained pertinent to issues in Case 002/01 (see e.g. Decision on Severance of Case 002 following Supreme Court Chamber Decision of 8 February 2013, E284, 26 April 2013, para. 53; Third Decision on Objections to Documents Proposed for Admission Before the Trial Chamber, E185/2, 12 August 2013, fn. 2). 22 Decision on the Co-Prosecutors’ Immediate Appeal of the Trial Chamber’s Decision concerning the Scope of Case 002/01 (SCC), E163/5/1/13, 8 February 2013. 23 Memorandum on Directions to the parties in consequences of the Supreme Court Chamber’s Decision on Co-Prosecutor’s Immediate Appeal of the Trial Chamber’s Decision concerning the Scope of Case 002/01 (TC), E163/5/1/13/1, 12 February 2013. Case 002/01, Judgement, 7 August 2014 - Public 4