Kaing Guek Eav (alias "Duch")

Duch Judicial Investigation and Pre-Trial Proceedings Overview

Office of the Co-Investigating Judges

  1. Kaing Guek Eav, OCIJ, Order On Co-Prosecutors' Request For Investigative Action Regarding Interviews of NUON Chea And The Film "Enemies Of The People", D344/1 (09 April 2010) (accepting the Co-Prosecutors’ request to attempt to obtain the film “Enemies of the People” but declining to take steps beyond those already taken)
  2. Kaing Guek Eav, OCIJ, Inter-Office Memorandum of the CIJs Regarding Civil Parties Lawyers Request for Extension of the Deadline for Filing Civil Parties' Supplementary Information, D337/3 (09 April 2010)
  3. Kaing Guek Eav, OCIJ, Civil Parties, Request for Extension of The Deadline For Filing Civil Parties' Supplementary Information, D337/2 (31 March 2010)
  4. Kaing Guek Eav, OCIJ, Inter-Office Memorandum of the CIJs to Victims Support Unit Extending the Deadline for Filing Civil Party Applications, D337/1 (26 March 2010)
  5. Kaing Guek Eav, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
  6. Kaing Guek Eav, OCIJ Press Statement on Closing Order (22 August 2008)
  7. Kaing Guek Eav, OCIJ, Closing Order Indicting Kaing Guek Eav, Alias Duch (8 August 2008)
  8. Kaing Guek Eav, OCIJ, Order Concerning Co-Prosecutor's Requests for Investigative Action (4 June 2008)
  9. Kaing Guek Eav, OCIJ, Order Concerning Civil Parties' Requests for Investigative Action (4 June 2008)
  10. Kaing Guek Eav, OCIJ, Order of Provisional Detention (31 July 2007)

Pre-Trial Chamber

Pleadings
  1. Kaing Guek Eav, PTC, Def., Response to the Amicus Curaie Briefs (25 Nov 2008)(French)
  2. Kaing Guek Eav, PTC, Civil Party, Response to the Joint Criminal Enterprise Amicus Briefs (17 Nov 2008)(concluding Joint Criminal Enterprise III is an acceptable mode of liability at the ECCC)
  3. Kaing Guek Eav, PTC, Civil Party, Response to the Joint Criminal Enterprise Amicus Briefs (17 Nov 2008)(arguing that Joint Criminal Enterprise III is not an acceptable mode of liability at the ECCC)
  4. Kaing Guek Eav, PTC, Pros., Response to the Joint Defence Application to Intervene in the Appeal (4 Nov. 2008)(opposing applications of Nuon Chea, Ieng Thirith, and Khieu Samphan to file pleadings opposing joint criminal enterprise as a permissible mode of liability)
  5. Kaing Guek Eav, PTC, Amici: Professor Antonio Cassese, Re Appeal of Closing Order (28 Oct. 2008) (discussing Joint Criminal Enterprise liability)
  6. Kaing Guek Eav, PTC, Amici: Professor Dr. K. Ambos, Re Appeal of Closing Order (28 Oct. 2008)(discussing Joint Criminal Enterprise liability)
  7. Kaing Guek Eav, PTC, Pros., Appeal of the Closing Order Against Kaing Guek Eav "Duch" Dated 8 Aug 2008 (5 Sept. 2008)
  8. Kaing Guek Eav, PTC, Amici: McGill Centre for Human Rights and Legal Pluralism, Re Appeal of Closing Order (28 Oct. 2008)(discussing Joing Criminal Enterprise liabililty)
  9. Kaing Guek Eav, PTC, Amici Anne Heindel, Re Appeal from Provisional Detention (4 Oct. 2007)
    Khmer version
  10. Kaing Guek Eav, PTC, Pros., Response to Defence Appeal Against Order of Provisional Detention (3 Oct. 2007)(prefaced by PTC Ruling on Defence Request for Redaction)
  11. Kaing Guek Eav, PTC, Amici: Professor David Scheffer, Re Appeal from Provisional Detention (3 Oct. 2007)
    Khmer version
  12. Kaing Guek Eav, PTC, Amici: Jeffrey M. Kahan, Re Appeal from Provisional Detention (2 Oct. 2007)
  13. Kaing Guek Eav, PTC, Def, Appeal Brief Challenging Provisional Detention (5 Sept. 2007)

Orders, Decisions and Judgments
  1. Kaing Guek Eav, TC, Decision on Admissibility of Material in Case File as Evidence, E43/4 (26 May 2009)(finding certain interviews of deceased witnesses and of Duch himself inadmissible, but finding the Chheun Sothy report admissible)
  2. Kaing Guek Eav, TC, Decision to Extend Time Limit for Decision on Request for Release, E39/4 (24 April 2009)(extending time limit for decision on the defence request for conditional release based on Duch's earlier military detention, to allow for time to translate the military's case file into English and French)
  3. Kaing Guek Eav, TC, Decision on Civil Party Request to Make Opening Statement, B23/4 (27 March 2009)(request denied)
  4. Kaing Guek Eav, TC, Decision on Scheduling, E26 (20 March 2009)
  5. Kaing Guek Eav, TC, Decision on Motion Regarding Deceased Civil Party, E2/5/3 (13 March 2009)(allowing husband to continue civil party action instituted by deceased wife)
  6. Kaing Guek Eav, TC, Decision on Admissibility of New Materials and Instructions to Parties, E5/10/2 (11 March 2009)(establishing rules for the admission of documents, namely that they (1) are filed before applicable deadlines or are filed late with good cause and (2) prima facie appear relevant to the ascertainment of the truth, and admitting a document and videotapes pursuant to these rules)
  7. Kaing Guek Eav, TC, Decision on Civil Party Status of Applicants E2/36, E2/51, and E2/69, E2/94/2 (4 March 2009)(declaring E2/51 and E2/69 as civil parties and rejecting E2/36 due to improper identification)
  8. Kaing Guek Eav, PTC, Decision on Appeal Against Closing Order (5 Dec 2008)(granting the Co-Prosecutor's appeal to include domestic crimes of torture and murder in the OCIJ Closing Order indicting Duch but denying the Co-Prosecutor's appeal to include joint criminal enterprise as a mode of liability)
  9. Kaing Guek Eav, PTC, Decision on Joint Defence Request to Intervene on the Issue of Joint Criminal Enterprise (5 Nov. 2008)(denying request on the same grounds as the 16 Oct 2008 decision denying Ieng Sary's request to disqualify the amicus curiae)
  10. Kaing Guek Eav, PTC, Public Notice of Recusal of Judge Ney Thol (13 Oct. 2008)(Judge Ney Thol recuses himselffrom consideration of Prosecutor's Appeal from Closing Order)
  11. Kaing Guek Eav, PTC, Decision on Appeal Against Provisional Detention Order (3 Dec. 2007)
  12. Kaing Guek Eav, PTC, Report on the Examination of the Appeal from Provisional Detention (19 Nov. 2007)

 

Office of the Co-Prosecutors

  1. Press Statement of the International Co-Prosecutor (24 April 2009)
  2. Statement concerning Duch Closing Order (21 Aug. 2008)

 

Trial Chamber

Pleadings

  1. Kaing Guek Eav, TC, Def., Accused's Final Written Statement, E159/8 (11 November 2009) (statement by Kaing Guek Eav to the Trial Chamber)
  2. Kaing Guek Eav, TC, Def., Final Written Submission, E159/8 (11 November 2009)
  3. Kaing Guek Eav, TC, Civil Party (Group 3), Final Submission, E159/5 (11 November 2009)
  4. Kaing Guek Eav, TC, Civil Party (Group 1), Final Written Submission, E159/4 (10 November 2009)
  5. Kaing Guek Eav, TC, Civil Party (Group 1), Final Submission, E159/7 (10 November 2009)
  6. Kaing Guek Eav, TC, Civil Party (Group 2), Rule 92 Submission, E171 (22 September 2009)
  7. Kaing Guek Eav, TC, Def., Response to the Co-Prosecutors' Request for the Application of the Joint Criminal Enterprise Theory in the Present Case, E73/2 (17 September 2009)
  8. Kaing Guek Eav, TC, Civil Party (Group 3), Brief in Support of the Co-Prosecutors' Request for the Application of the Joint Criminal Enterprise Theory in the Present Case, E73/3 (16 September 2009)
  9. Kaing Guek Eav, TC, Civil Party (Group 2), Appeal of Co-Lawyers for Civil Parties (Group 2) against Trial Chamber's Decisions to Exclude Civil Party Lawyers from Questioning the Accused, Witnesses and Experts on the Accused's Character and to Exclude Civil Parties from Submissions on Sentencing, E169 (16 September 2009)
  10. Kaing Guek Eav, TC, Civil Party (joint civil parties), Civil Parties' Co-Lawyers' Joint Submission on Reparations, E159/3 (14 September 2009)
  11. Kaing Guek Eav, TC, Pros., Request for Postponement of the Hearing of the Closing Statements, E159/1 (28 August 2009)
  12. Kaing Guek Eav, TC, Pros., Rule 92 Submission on Applicable Substantive Law, E153 (20 August 2009)
  13. Kaing Guek Eav, TC, Def., Response to Groups 1 and 2 - Civil Parties' Co-Lawyers Joint Request for a Ruling on the Standing of Civil Party Lawyers to make Submissions on Sentencing, E72/2 (18 August 2009)
  14. Kaing Guek Eav, TC, Civil Party (Group 1), Motion to establish nature of relationship between four civil parties of group 1 and direct victims of S-21, E140 (6 August 2009)
  15. Kaing Guek Eav, TC, Decision on Admissibility of Vietnamese Film Footage, E5/10/5 (29 July 2009) (finding the film inadmissible on the grounds that it is superfluous and that its authenticity is questionable)
  16. Kaing Guek Eav, TC, Decision on OCP Request that the Defense Request Regarding Self-Incrimination be Classified as "Confidential," E107/1 (22 July 2009) (denying the OCP request for a hearing on the issue of whether or not the Defense Request should be classified confidential; reiterating the strong presumption towards openness; and reminding the Defense that warning witnesses about their right against self-incrimination is the responsibility of the judges, not counsel)
  17. Duch, TC, Pros., Response to Civil Parties' Request on the Standing of Civil Party Lawyers to Make Submissions on Sentencing, E72/1 (30 June 2009) (stating that the Co-Prosecutors have no view on the issue but noting that, while the Internal Rules and the Cambodian Code of Criminal Procedure make no mention of civil party submissions on sentencing, such submissions appear to be the practice of Cambodian courts)
  18. Duch, TC, Civil Party (Group 1), Reply to Co-Prosecutors Response to Request for Disclosure of UN-OIOS Report, E65/5 (16 June 2009)
  19. Duch, TC, Civil Party (Groups 1 and 2), Joint Request for a Ruling on the Standing of Civil Party Lawyers to Make Submissions on Sentencing, E72 (9 June 2009) (arguing that civil parties should be permitted to make submissions on sentencing, given that such submissions would not only be relevant but also provide a unique and important perspective)
  20. Duch, TC, Pros., Request for the Application of Joint Criminal Enterprise, E73 (8 June 2009) (requesting the application of the doctrine of Joint Criminal Enterprise on the grounds that the doctrine was adequately plead in the Final Submission and was applicable during the period in which Duch's alleged crimes were committed)
  21. Duch, TC, Civil Party (Group 2), Response to Request by Civil Party Group 1 for Disclosure of UN-OIOS Report, E65/3 (4 June 2009) (arguing that disclosure of the UN-OIOS report on corruption at the ECCC is necessary to protect judicial transparency and the fair trial rights of the parties)
  22. Duch, TC, Pros., Response to Certain Civil Parties' Request for Disclosure of UN-OIOS Report, E65/2 (2 June 2009) (arguing that TC deliberation on the request for disclosure of the UN-OIOS report on corruption at the ECCC should be deferred until the PTC has decided appeals on the same issue by other charged persons; in the alternative, arguing that the TC should deny the request for lack of jurisdiction, though noting that disclosure would increase the tribunal's credibility)
  23. Duch, TC, Civil Party (Group 1), Request for Disclosure of UN-OIOS Report, E65 (11 May 2009) (requesting that the TC order the disclosure of the UN-OIOS report on corruption)
  24. Kaing Guek Eav, TC, Pros., Motion to Submit New Evidence (28 Jan 2009)
Exhibits
  1. Kaing Guek Eav, TC, Exhibit: Organizational Chart of Democratic Kampuchea presented by Craig Etchson on 18 May, E66 (29 May 2009)
  2. Duch, TC, Exhibit: Chart of Khmer Rouge Leadership Structure presented by Craig Etcheson, E72 (28 May 2009)
  3. Kaing Guek Eav, TC, Exhibit: Map of Houses and Offices of Duch and Map of Phnom Penh (27 April 2009)
  4. Kaing Guek Eav, TC, Exhibit: S-21 Organizational Charts (27 April 2009)

Orders, Decisions, and Judgments

  1. Kaing Guek Eav, TC, Judgement, E188 (26 July 2010)
  2. Kaing Guek Eav, TC, Order relevant to the 2009 Penal Code of Cambodia , E180/1 (5 February 2010)
  3. Kaing Guek Eav, TC, Order relevant to the 2009 Penal Code of Cambodia, E180/1 (5 February 2010)
  4. Kaing Guek Eav, TC, Decision on Parties Requests to Put Certain Documents before the Chamber Pursuant to Rule 87 (2), E176 (28 October 2009)
  5. Kaing Guek Eav, TC, Decision on Civil Party Co-lawyers’ joint request for a ruling on the standing of Civil Party lawyers to make submissions on sentencing and directions concerning the questioning of the accused, experts and witnesses testifying on character, E72/3 (9 October 2009)
  6. Kaing Guek Eav, TC, Decision on Civil Party Co-lawyers’ joint request for a ruling on the standing of Civil Party lawyers to make submissions on sentencing and directions concerning the questioning of the accused, experts and witnesses testifying on character, E72/3 (9 October 2009)
  7. Kaing Guek Eav, TC, Scheduling Order for Closing Statements, E170 (30 September 2009)
  8. Kaing Guek Eav, TC, Decision on Group1 - Civil Parties' Co-Lawyers' Request that the Trial Chamber Facilitate the Disclosure of an UN-OIOS Report to the Parties, E65/9 (23 September 2009)
  9. Kaing Guek Eav, TC, Direction on Proceedings Relevant to Reparations and on the Filing of Final Written Submissions, E159 (27 August 2009)
  10. Kaing Guek Eav, TC, Schedule of the Hearing by Topic for the period of 17 August to 17 September 2009, E91/5 (14 August 2009)
  11. Kaing Guek Eav, TC, Order Scheduling the Trial Proceedings (Topics and Order of call of Witnesses) for the period of 17 August to 17 September 2009, E138 (13 August 2009)
  12. Kaing Guek Eav, TC, Decision on Request to reconsider decision on proof of identify for civil party application, E2/94/4 (10 August 2009) (declining to reconsider the Trial Chamber’s decision of 3 March 2009 in which it declared the civil party application of E2/36 to be inadmissible)
  13. Duch, TC, Decision on Ieng Sary's Request to Make Submissions on Prosecutor's Request for the Application of Joint Criminal Enterprise, E90 (3 July 2009) (denying the request on the basis that Ieng Sary is not a party to the proceedings against Duch)
  14. Duch, TC, Decision on Request for Release, E39/5 (15 June 2009) (finding that Duch's provisional detention during trial warranted under the Internal Rules and holding that his imprisonment from 1999 to 2007 by the Cambodian military and current provisional detention by the ECCC will be credited against any judgment imposed; also finding that Duch's prior imprisonment by the military violated domestic law and international fair trial rights and holding that Duch is entitled to a remedy to be determined at the conclusion of trial)
  15. Kaing Guek Eav, TC, Order Scheduling the Start of the Substantive Hearing and Sitting Days for the Next Three Months (23 Feb. 2009)
  16. Kaing Guek Eav, TC, Internal Regulations Governing the Courtroom on Hearing Days (19 Jan. 2009)

Supreme Court Chamber

Pleadings

  1. Kaing Guek Eav, SC, Civil Party (Group 2), Supplementary Appeal against Trial Chamber's Decision to Exclude Civil Party Lawyers from Questioning the Accused, Witnesses and Experts on the Accused's Character, E169/1/1 (28 October 2009)

Orders, Decisions, and Judgments

  1. Kaing Guek Eav, SC, Decision on the Appeals filed by lawyers for Civil Parties (Groups 2 and 3) against the Trial Chamber’s Oral Decisions of 27 August 2009, E/169/1/2 (28 December 2009)
  2. Kaing Guek Eav, SC, Civil Party (Groups 2 and 3), Decision on the Appeals filed by lawyers for Civil Parties (Groups 2 and 3) against the Trial Chamber's Oral Decisions of 27 August 2009, E169/1/2 (24 December 2009)
 
 
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