Appeal by the International Co-Prosecutor Against the Rejection of Investigative Requests in Case File 003

PRESS RELEASE

APPEAL BY THE INTERNATIONAL CO-PROSECUTOR AGAINST THE REJECTION OF INVESTIGATIVE REQUESTS IN CASE FILE 003

The International Co-Prosecutor, Andrew Cayley, makes this public statement pursuant to ECCC Internal Rules 21 and 54 and Article 12(2) of the ECCC Agreement, to ensure that the public is duly informed about ongoing ECCC proceedings in Case 003, and taking into consideration the interests of victims and witnesses, the rights of suspects and the requirements of the investigation.
 
Yesterday, on 18 August 2011, the ECCC Pre-Trial Chamber approved a public redacted version of the International Co-Prosecutor’s appeal against the Co-Investigating Judges’ rejection of: 1) a request for an extension of time for the filing of civil party applications and 2) three requests for additional investigative actions in Case 003. This appeal requests the Pre-Trial Chamber to overturn the Co-Investigating Judges’ decision on a number of grounds, including an incorrect interpretation of the law, and a contravention of the Co-Investigating Judges’ legal obligation to conduct a complete and impartial investigation. As the Co-Investigating Judges refused the International Co-Prosecutor’s investigative requests on procedural grounds, the appeal requests the Pre-Trial Chamber to direct the Co-Investigating Judges to consider the requests on merits.
 
The redacted version of the appeal is available online at the Court’s website: http://www.eccc.gov.kh/en/document/court/international-co-prosecutors-appeal-against-decision-time-extension-request-and-inves.