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which 3,866 persons were admitted as Civil Parties, the Co-Investigating Judges
charged the Accused for crimes against humanity, genocide, grave breaches of the
Geneva Conventions and violations of the 1956 Penal Code. 6 On appeal, the Pre-Trial
Chamber confirmed the extensive Closing Order, with some amendments, formally
remitting the four Accused to trial on 13 January 2011.7
4.
Following resolution of applications for release on bail and having received
requests by the parties to hear a cumulative total of 1,054 witnesses and to tender
approximately 7,600 documents, the Trial Chamber held a Trial Management Meeting
on 5 April 2011 with a view to expeditiously commencing trial proceedings. An initial
hearing took place between 27 and 30 June 2011 in order to provide early indications
to the parties of priority witnesses, experts and Civil Parties for the earliest phases of
Case 002.8 The Chamber also heard submissions on numerous preliminary objections
to jurisdiction. Those considered as constituting a barrier to the commencement of
trial were decided over the months that followed.9 In particular, having decided that it
was not validly seised with the offences in the 1956 Penal Code in the dispositive part
of the Closing Order in Case 002, and that trial in relation to these domestic crimes
cannot proceed, the Trial Chamber granted IENG Sary’s motion to strike out that part
6
Closing Order (OCIJ), D427, 15 September 2010 (“Closing Order”), para. 1613.
Decision on IENG Thirith and NUON Chea’s Appeal against the Closing Order (PTC),
D427/2/12, 13 January 2011, p. 6; Decision on KHIEU Samphan’s Appeal against the Closing Order
(PTC), D427/4/14, 13 January 2011, p. 4; Decision on IENG Sary’s Appeal against the Closing Order
(PTC), D427/1/26, 13 January 2011, pp. 4-5. The Pre-Trial Chamber amended the Closing Order to
require a nexus between crimes against humanity and an armed conflict and affirmed that rape may be
categorised as another inhumane act. The Trial Chamber later rejected the nexus requirement (Decision
on Co-Prosecutors’ Request to Exclude Armed Conflict Nexus Requirement from the Definition of
Crimes against Humanity, E95/8, 26 October 2011, para. 33).
8
Direction to the Parties (In Advance of Discussion at Initial Hearing of Provisional List of
Witnesses, Experts and Civil Parties) (TC), E108, 29 June 2011.
9
Decision on NUON Chea’s Preliminary Objection alleging the Unconstitutional Character of the
ECCC Internal Rules, E51/14, 8 August 2011; Decision on NUON Chea motions regarding fairness of
judicial investigations (E51/3, E82, E88 and E92), E116, 9 September 2011; Decision on the
Applicability of Joint Criminal Enterprise, E100/6, 12 September 2011; Decision on IENG Sary’s Rule
89 Preliminary Objection (ne bis in idem and Amnesty and Pardon), E51/15, 3 November 2011. Other
submissions, while described as preliminary objections by the parties, were instead considered by the
Chamber as more appropriate for resolution in the judgement or deferred to future trials in Case 002
insofar as they concerned matters beyond the scope of Case 002/01 (Response to Issues Raised by
Parties in Advance of Trial and Scheduling of Informal Meeting with Senior Legal Officer on 18
November 2011 (TC), E141, 17 November 2011).
7
Case 002/01, Judgement, 7 August 2014 - Public
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