002/19-09-2007-ECCC-OCIJ ЮŲŠ / No: D427
12.
14
2,123 Civil Parties were admitted by the Co-Investigating Judges . Certain applications were
declared inadmissible, essentially for the reason that the victims had suffered harm that was
not directly related to the factual circumstances set out in the Introductory and Supplementary
Submissions. All of the inadmissible applications were, however, kept on the Case File in the
form of Complaints, where they join the 4,151 victims’ complaints already placed on the Case
File by the Co-Prosecutors. Thus, there are 6,274 Complaints at the disposal of the parties, for
their information. This figure is provisional, as a number of the Co-Investigating Judge’s
admissibility orders are under appeal.
13.
On 14 January 2010, the Co-Investigating Judges informed the parties that they considered
the judicial investigation had been concluded.15 The parties then filed a number of requests
under Internal Rule 66(1). The Co-Investigating Judges undertook the action requested, or
rejected the requests by issuing Rule 66(2) orders. On 15 July 2010, the Pre-Trial Chamber
advised that it had disposed of all the appeals filed with the Pre-Trial Chamber against orders
by the Co-Investigating Judges.
16
By order dated 19 July 2010, the Case File was transferred
to the Office of the Co-Prosecutors (OCP) for the purpose of their final submission under
17
Internal Rule 66(4).
14.
On 16 August 2010, the Co-Prosecutors filed their Final Submission, in which they requested
the Co-Investigating Judges to indict Nuon Chea, Ieng Sary, Ieng Thirith and Khieu
Samphan and send them for trial for genocide, crimes against humanity, grave breaches of
the Geneva Conventions of 12 August 1949 and crimes under the 1956 Penal Code of
Cambodia.18
15.
In an Additional Submission filed the same day, the Co-Prosecutors requested the CoInvestigating Judges to issue a dismissal order in respect of Duch.
19
The Co-Investigating
20
Judges issued a separate order on this issue on 14 September 2010.
16.
Finally on 1 September 2010, Ieng Sary filed a Response to the Co-Prosecutors' Final
Submission.
21
Since this response exceeded the permissible number of pages, it was rejected
by the Co-Investigating Judges pursuant to Article 5(1) of the Practice Direction on Filing
22
23
Documents before the ECCC . Ieng Sary then filed an appeal,
decided upon by the Pre-
Trial Chamber on 10 September 2010, which ordered the placement of the Response on the
Case File, indicating that “a reasoned decision in respect of the Appeal shall follow in due
course”.
24
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.
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