Case 003

Office of the Co-Investigating Judges

Pleadings

  1. Response to the International Reserve Co-Investigating Judge's Note of 21 March 2012 (28 Mar 2012) (Responding to the Rules and Procedure Committee's response and stating that the grounds for concern remain valid)
  2. Your Letter of 27 February 2012 (5 Mar 2012) (Responding to Judge You Benlung's letter and stating Judge Laurent Kasper Ansermet's authority to act as Reserve International Co-Investigating Judge)
  3. Abrupt Stop of Unlawful Acts and of the Use of My Name to Link to These Acts (27 Feb 2012) (Stating that Judge You Benlung does not recognize Judge Laurent Kasper Ansermet's authority as a Reserve International Co-Investigating Judge and asking Judge Laurent Kasper Ansermet to stop his unlawful actions)

Orders, Decisions and Judgments

  1. Lawyer's Recognition Decision Concerning All Civil Party Applications on Case File No.003 (26 Feb 2013) (Accrediting and recognizing the 14 lawyers willing to represent the victims before the ECCC in Case 003).
  2. Decision on Personal Jurisdiction and Investigative Policy Regarding Suspect (2 May 2012) (Deciding this suspect was also a Khmer Rouge official and that the ECCC has the jurisdiction to bring the suspect to justice)
  3. Decision on Personal Jurisdiction and Investigative Policy Regarding Suspect [Redacted] (2 May 2012) (Deciding that the suspect was a Khmer Rouge official and that the ECCC has the jurisdiction to bring the suspect to justice)
  4. Note on the Placement of Documents on Case File 003 (16 Mar 2012) (Deciding that the Letter of Judge You Bunleng and the response to that Letter shall be placed on the Case File in Case 003)
  5. Order on the Reconsideration of the Admissibility of Civil Party Application of Robert Hamill (24 Feb 2012) (Granting Robert Hamill's Civil Party application and granting him access to Case File 003)
  6. Order on Resuming the Judicial Investigation (2 Dec 2011) (Ruling that the judicial investigation in Case 003 must resume pursuant to the Introductory Submission and declaring admissible the International Co-Prosecutor's requests for investigative action)
  7. Considerations of the Pre-Trial Chamber Regarding the International Co-Prosecutor's Appeal Against the Decision on Time Extension Request and Investigative Requests Regarding Case 003 (2 Nov 2011) (Rejecting the International Co-Prosecutor's request to publish a redacted version of the first Case File 003 Investigative request because it could not get an affirmative vote of at least four judges to reach a decision on the appeal)
  8. TNT Delivery Tracking of Corrected Decision to Civil Party Rob Hamill (19 Aug 2011) (Acknowledging service of the Order on the Admissibility of Civil Party Application of Robert Hamill, D11/2/3)
  9. Case 003, OCIJ, Order on International Co-Prosecutor's Public Statement Regarding Case File 003 (18 May 2011) (Ordering the International Co-Prosecutor to file a retraction of a public statement he made related to the Case 003 investigation)
  10. Case 003, OCIJ, Notice of Conclusion of Judicial Investigation (29 Apr 2011) (Notifying the court that the Office of Co-Investigating Judges have concluded the Case 003 investigation)

Notes

  1. Note of the International Reserve Co-Investigating Judge to the Parties on the Egregious Dysfunctions Within the ECCC Impeding the Proper Conduct of Investigations in Cases 003 and 004 (21 Mar 2012) (Outlining Judge Laurent Kasper-Ansermet's allegations that serious irregularities, dysfunctional situations, and violations of procedure exist in the ECCC so as to impede and endanger the pursuit of a fair and just trial in Case 003 and 004)

Pre-Trial Chamber

Pleadings

  1. Returning the Documents Communicated to Pre-Trial Chamber by the Office of Administration (3 Feb 2012) (Stating that Documents shall be returned to the Office of Administration because PTC judges have not reached their consent to take the substance of the documents into consideration)
  2. Defence Support Section Request For a Stay in the Proceedings Before the Pre-Trial Chamber and For Measures Pertaining to the Effective Representation of Suspects in Case 003 (29 July 2011) (Requesting that the PTC order a stay of the proceedings in Case 003 to allow the Defence Support Section to take all necessary steps so that suspects in Case 003 may have the proper legal representation)
  3. Case 003, PTC, Appeal Against Order on the Admissibility of Civil Party Applicant (D11/4/3) (Case 003) (3 Oct 2011) (Requesting that the PTC declare the appeal admissible, set aside the order deeming the Appellant inadmissible, and grant the Civil Party status in Case 003)
  4. Case 003, PTC, Considerations of the Pre Trial Chamber Regarding the International Co-Prosecutor's Appeal Against the Decision on Re-Filing of Three Investigative Requests (15 Nov 2011) (Stating the Impugned Order should be overturned and that the filing of the Three Re-Filed Investigative Requests should be recognized as valid)
  5. Case 003, PTC, International Co-Prosecutor's Appeal Against the "Order on International Co-Prosecutor's Public Statement Regarding Case File 003" (25 May 2011) (Requesting the Pre-Trial Chamber to either void or invalidate the order)

Orders, Decisions and Judgements

  1. Decision on Motion for Reconsideration of the Decision on the Defence Support Section Request for a Stay in Case 003 Proceedings Before the Pre-Trial Chamber and for Measures Pertaining to the Effective Representation of Suspects in Case 003 (4 Oct 2012) (Dismissing the Motion for Reconsideration because there were no errors of law or injustice in the original decision)
  2. Considerations of the Pre-Trial Chamber Regarding the Appeal Against Order on the Admissibility of Civil Party Applicant (REDACTED NAME) (28 Feb 2012) (Declaring that they have not assembled an affirmative vote of at least four judges to reach a decision on the Appeal and, therefore, there is no possibility to appeal)
  3. Opinion of Pre-Trial Chamber Judges Downing and Chung on the Disagreement Between the Co-Investigating Judges Pursuant to Internal Rule 72 (10 Feb 2012) (Stating that since a decision on the disagreement could not be reached, the Order proposed by the Reserve International Co-Investigating Judge shall be executed based on the default provision in Internal Rule 72(4)(d))
  4. Case 003, PTC, Decision on Defence Support Section Request for a Stay in Case 003 Proceedings Before the Pre-Trial Chamber and For Measures Pertaining to the Effective Representation of Suspects in Case 003 (15 Dec 2011) (Deciding unanimously that the request is inadmissible)
  5. Case 003, PTC, Considerations of the Pre-Trial Chamber Regarding the International Co-Prosecutor's Appeal Against the Co-Investigating Judges' Order on International Co-Proscutor's Public Statement Regarding Case 003 (24 Oct 2011) (Deciding that the retraction order of the Co-Investigating Judges shall stand and that there is no possibility to appeal)
  6. Case 003, PTC, Considerations of the Pre-Trial Chamber Regarding the Appeal Against Order on the Admissibility of Civil Party Applicant Robert Hamill (24 Oct 2011) (Declaring there is no possibility to appeal because the chamber could not assemble an affirmative vote of at least four judges to reach a decision on access to the case file or on the issues raised on the appeal)
  7. Case 003, PTC, Order Suspending the Enforcement of the "Order on International Co-Prosecutor's Public Statement Regarding Case File 003" (13 June 2011) (Suspending enforcement of the order until resolution of prosecution's appeal against it)
  8. Case 003, PTC, Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Rule 71 (Public Redacted Version) (18 Aug 2009) (Failing to reach a supermajority vote on the disagreement and, therefore, allowing the International Co-Prosecutor to file an introductory submission with the Office of the Co-Investigating Judges, thereby opening Case 003 and Case 004)

Judicial Administration Committee

Orders, Decisions and Judgments

  1. Decision of the JAC Regarding the Request to Appoint Two International Judges to Hear the Application for Disqualification of the President of the Pre-Trial Chamber (23 Mar 2012) (Deciding that it is not seised with the authority to appoint two international judges to replace two judges on the panel assigned to adjudicate the matter because it is for the chamber alone to decide whether a recusal fulfills the necessary requirements)

Rules and Procedure Committee

Pleadings

  1. RPC Response to the International Co-Investigating Judge's Note of 21 March 2012 (28 Mar 2012) (Explaining that the rejection of Judge Laurent Kasper-Ansermet's amendment was not motivated by hostility towards the Judge and clarifying its reasons for rejection)
     

Supreme Court Chamber

Orders, Decisions, and Judgments

  1. Request for Information in Relation to Investigations into Interference in Case 003 and 004(5 Mar 2013) (Requesting the Co-Investigating Judges to provide the Chamber with information on their actions and outcomes regarding investigations in Case 003 and 004).

Northwestern University School of Law Center for International Human RightsDocumentation Center of CambodiaIllinois Holocaust Museum and Education CenterJ.B. and M.K. Pritzker Family Foundation