2011 Webby Honoree
2011 Silver Trumpet Winner - Publicity Club of Chicago
2010 Golden Trumpet Winner - Publicity Club of Chicago
Ieng Sary
Office of the Co-Investigating Judges
- Ieng Sary, OCIJ, Inter-Office Memorandum Of The CIJs Concerning the Legal Representation of Civil Parties, D337/7 (28 June 2010) (providing reasons why legal representation has not yet been assigned to some civil parties)
- Ieng Sary, OCIJ, Order in Response to the Decision of the Pre-Trial Chamber on Co-Prosecutors’ Appeal Against the Co-Investigating Judges’ Order on Request to Place Additional Evidentiary Material on the Case File Which Assists in Proving the Charged Persons’ Knowledge of the Crimes, D365/3 (21 June 2010) (responding to a decision by the PTC and expanding the OCIJ’s reasons for a decision on the Co-Prosecutors’ request to place additional evidentiary material in Case File 2)
- Ieng Sary, OCIJ, Civil Parties, Capacity And Specialisation Of Civil Party Lawyer Group "Avocats Sans Frontiere France", D337/6/1 (18 May 2010) (offering to represent those civil parties involved in the ECCC proceedings who have not yet obtained legal representation)
- Ieng Sary, OCIJ, Inter-Office Memorandum Of The CIJs Concerning the Civil Parties Lawyers Request for Extension of The Deadline For Filing Civil Parties'Supplementary Information, D337/6 (29 April 2010) (reversing the OCIJ's previous decision and extending the deadline for civil parties to submit supplementary information to 30 June 2010)
- Ieng Sary, 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 (9 April 2010) (denying Civil Party request to extend deadline)
- Ieng Sary, OCIJ, Civil Parties, Request for Extension of The Deadline For Filing Civil Parties' Supplementary Information, D337/2 (31 March 2010) (requesting extension of deadline to file supplementary information for one month)
- Ieng Sary, OCIJ, Response To Ieng Sary's Lawyers Request For Information Concerning Complaints Made By Potential Witnesses, A363/1 (4 March 2010)
- Ieng Sary, OCIJ, Def., Request For Information Concerning Complaints Made By Potential Witnesses, A363 (1 March 2010)
- Ieng Sary, OCIJ, Order Issuing Warning Under Rule 38, D367 (25 February 2010)
- Ieng Sary, OCIJ, Pros., Request for the placement on Case File 002 of documents contained in Case File 001, D288, (23 December 2009)
- Ieng Sary, OCIJ, Order on Request for investigative action concerning Forced Marriages and Forced Sexual Relation, D268/2 (22 December 2009)
- Ieng Sary, OCIJ, Response to the "Request for Investigative Action", concerning, Inter Alia, the Strategy of the Co-Investigating Judges in regard to the Judicial investigation, D171/5 (11 December 2009)
- Ieng Sary, OCIJ, Order on the Application at the ECCC of the Form of Liability Known as Joint Criminal Enterprise, D97/13 (8 December 2009)
- Ieng Sary, OCIJ, Order on extension of Provisional Detention, C22/8 (10 November 2009) (extending the provisional detention of Ieng Sary for an additional one year)
- Ieng Sary, OCIJ, Def., Reply to the civil parties' response to IENG Sary's application for sanctions against the Co-Prosecutors for alledgedly misleading the court regarding the law on joint criminal enterprise, D97/9/6 (25 September 2009)
- Ieng Sary, OCIJ, Civil Party (joint civil parties), Response to Ieng Sary's Request for actions under internal rule 35 due to the Co-Prosecutors misleading the court in their Supplementary Observations on Joint Criminal Enterprise filed on 31 December 2008, D97/9/5 (6 August 2009)
- Ieng Sary, OCIJ, Pros., Response to Defense Request for Sanctions Against the OCP for Allegedly Misleading the OCIJ on the Issue of Joint Criminal Enterprise, D97/9/2 (16 July 2009)
- Ieng Sary, OCIJ, Def., Request for Sanctions Under Internal Rule 35 due to Co-Prosecutors Misleading Court in their Supplementary Observations on Joint Criminal Enterprise Filed 31 December 2008, D97/9 (29 June 2009) (alleging that the co-prosecutors failed to identify contrary precedent of which they were aware, and calling for sanctions)
- Ieng Sary, OCIJ, Order on Request for Investigative Action, 158/5 (3 April 2009) (denying joint defence request for investigation into corruption allegations against the tribunal on the grounds that OCIJ power to take any investigative action conducive to ascertaining the truth" is limited by their jursidiction, conferred by Article 2 of the 2004 ECCC Law, to bringing to trial senior leaders of Democratic Kampuchea and those most responsible for international crimes committed between 1975 and 1979; accordingly, extending judicial investigation to these corruption allegations would be an abuse of power)
- Ieng Sary, OCIJ, Motion to Join and Adopt Nuon Chea's Eleventh Request for Investigative Action, D158/2 (27 March 2009)(joining Nuon Chea's request for investigation of allegations of ongoing corruption at the ECCC)
- Ieng Sary, OCIJ, Order on Breach of Confidentiality of the Judicial Investigation, D138 (3 March 2009)(ordering counsel for the defense to remove confidential documents posted on a public website and threatening sanctions if further documents are posted)
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Ieng Sary, OCIJ, Press Statement regarding Order on Breach of Confidentiality of the Judicial Investigation (3 Mar. 2009)
English French Khmer - Ieng Sary, OCIJ, Def., Request for Information Regarding the Potential Existence of Conflict of Interest of OCIJ Investigator Stephen Herder, A252 (30 Jan 2009) (requesting information regarding Herder's possible past employment as an intelligence agent)
- Ieng Sary, OCIJ, Pros., Motion to Submit New Evidence, E5/10 (28 Jan. 2009)
- Ieng Sary, OCIJ, Order on Access to Case File by Detainees, 127 (26 Jan. 2009)(granting detainees the right to access a limited number of case file documents in their cells, provided those documents fit in a lockable file cabinet to be provided each detainee)
- Ieng Sary, OCIJ, Order on Extension of Provisional Detention (10 Nov. 2008)(extending provisional detention for up to one year)
- Ieng Sary, OCIJ, Def., Request Concerning the Interview of Ieng Sary on his conditions of detention on 2 May 2008, A121 (24 June 2008) (requesting that two specified OCIJ investigators not be present at an interview with Ieng Sary)
- Ieng Sary, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
- Ieng Sary, OCIJ, Letter Regarding Request for Information on "the apparent bias and potential existence of a conflict of interest concerning MM S.Herder and D.Boyle," A121 (27 May 2008) (rejecting requests for information because there is no legal obligation to provide information relating to investigators, nor any process for disqualifying them)
- Ieng Sary, OCIJ, Def., Request for Information Concerning the Apparent Bias and Potential Existence of Conflict of Interest of Legal Officer David Boyle, A162 (4 March 2008)
- Ieng Sary, OCIJ, Letter Regarding Request for Information Regarding an Eventual Conflict of Interest, A121 (25 Jan 2008)(providing details of investigator Stephen Herder's temporary assignment to the OCP and explaining that such assignments are commonplace in civil law systems, including the Cambodian system)
- Ieng Sary, OCIJ, Def., Request for Information Concerning Possible Conflict of Interest, A121 (10 Jan 2008) (asking whether investigator Stephen Herder was formerly employed by the OCP)
- Ieng Sary, OCIJ, Order of Provisional Detention (14 Nov. 2007)
Pre-Trial Chamber
Pleadings
- Ieng Sary, PTC, Ieng Sary's Reply to the Joint Observations on Mr. Nuon Chea, Mr. Ieng Sary and Mrs. Ieng Thirith's Appeals Against the Closing Order (4 Jan 2011) (Responding to the Civil Parties' request to the PTC that they reject all appeals of the Case 2 Closing Order)
- Ieng Sary, PTC, Ieng Sary's Reply to the Combined Response by Advocats Sans Frontieres France Co-Lawyers for the Civil Parties to the Appeals by Ieng Sary, Ieng Thirith and Nuon Chea Against the Co-Investigating Judges' Closing Order (13 Dec 2010) (responding to the Civil Parties' submission regarding the OCIJ's Closing Order and requesting amendments to it)
- Ieng Sary, PTC, Joint Observations on Mr. Nuon Chea, Mr. Ieng Sary and Mrs. Ieng Thirith's Appeals Against the Closing Order (29 Nov 2010) (Civil Parties' requesting the PTC to reject defense's appeal of the OCIJ's Closing Order)
- Ieng Sary, PTC, Pros., Co-prosecutors' Request to file a Joint Response to the Appeal Brief of Nuon Chea, Ieng Sary, Khieu Samphan and Ieng Thirith against the Closing Order (6 October 2010)
- Ieng Sary, PTC, Pros., Response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)
- Ieng Sary, PTC, Def., Reply to the Co-Prosecutors' Response to Ieng Sary, Ieng Thirith and Khieu Samphan's Appeals on Joint Criminal Enterprise, D97/14/14 (18 March 2010)
- Ieng Sary, PTC, Def., Notice of Intention to be heard at the Hearing Concerning his Appeal against the OCIJ's Denial of His Defence Team's Request to Conduct Audio/Video Recordings at the ECCC Detention Facility, A371/2/6 (12 May 2010)
- Ieng Sary, PTC, Def., Notice of Intention to be heard at the Hearing Concerning his Appeal against the Application of Command Responsibility at the ECCC, D345/5/6 (12 May 2010)
- Ieng Sary, PTC, Def., Notice of Intent to be heard concerning the OCP's Appeal regarding Request to place on Case File Additional Evidentiary Material which assists in proving the charged persons' knowledge of the Crimes, D365/2/5 (12 May 2010)
- Ieng Sary, PTC, Def., Appeal against the OCIJ’s Order on the Application at the ECCC of the form of liability known as Joint Criminal Enterprise, D97/14/5 (22 January 2010)
- Ieng Sary, PTC, Def., Expedited Request for Extension of Page Limit for Ieng Sary's Appeal against the OCIJ's Order on the Application at the ECCC of the Form of Liability known as Joint Criminal Enterprise, D97/14/3 (15 January 2010)
- Ieng Sary, PTC, Civil Party, Civil Party Co-Lawyers' Response to the Appeal of Ieng Sary against Extension of Provisional Detention, C22/9/3 (22 December 2009)
- Ieng Sary, PTC, Pros., Response to Ieng Sary's Appeal on Extension of Detention, C22/9/2 (18 December 2009)
- Ieng Sary, PTC, Def., Motion to join Nuon Chea's lawyers' Request for Adoption of certain Procedural Measures, D235/1 (12 November 2009)
- Ieng Sary, PTC, Pros., Response to Ieng Sary's Applications for “Appropriate Measures" Concerning the International Judges of the Pre-Trial Chamber (5 November 2009)
- Ieng Sary, PTC, Judges Downing and Lahuis, Response to Ieng Sary's Request for Appropriate Measures to be taken Concerning Certain Statements by Prime Minister Hun Sen which Challenge the Independence of Pre-Trial Chamber Judges Katinka Lahuis and Rowan Downing (1 November 2009)
- Ieng Sary, PTC, Def., Ieng Sary's Request for Appropriate Measures to be taken Concerning certain statements by Prime Minister Hun Sen which Challenge the Independence of Pre-Trial Chamber Judges Katinka Lahuis and Rowan Downing (20 October 2009)
- Ieng Sary, PTC, Def., Reply to the Co-Prosecutors' Response to the Appeal against the Co-Investigating Judges' Order Denying the Joint Defence Request for Investigative Action to Seek Exculpatory Evidence in the Shared Materials Drive, D164/3/4, (24 August 2009)
- Ieng Sary, PTC, Pros., Combined Response to the Appeals by Ieng Thirith, Nuon Chea, Khieu Samphan and Ieng Sary against the Co-Investigating Judges' Order Denying a Joint Defence Request for Investigative Action to Seek Exculpatory Evidence in the Shared Materils Drive, D164/4/2 (10 August 2009)
- Ieng Sary, PTC, Def., Appeal from OCIJ Order Denying Joint Defense Request for Further Investigative Action to Seek Exculpatory Evidence in the Shared Materials Drive, D164/3/1 (27 July 2009) (arguing that the civil nature of the ECCC system means that the OCIJ must investigate the entirety of the case file rather than issuing an indictment when there is "sufficient" evidence, and also adopting the logic of Nuon Chea and Ieng Thirith's previously-lodged appeal)
- Ieng Sary, PTC, Pros., Response to Application for Disqualification of Investigators Herder and Boyle, 2 (23 July 2007) (arguing that (1) Rule 34 applies solely to judges, not investigators, and (2) that defense counsel has failed to identify any information that shows bias)
- Ieng Sary, PTC, Def., Application for the Disqualification of OCIJ Investigators Herder and Boyle, 1 (8 July 2009)
- Ieng Sary, PTC, Pros., Response to Appeal Against OCIJ Order Denying Request for Investigative Action Regarding Allegations of Administrative Corruption, D158/5/4/10 (29 May 2009) (arguing that the OCIJ decision should be upheld because investigation into corruption is outside the jurisdiction of the OCIJ and because there is no sufficient link between allegations of administrative corruption and the fair trial rights of accused persons)
- Ieng Sary, PTC, Def., Appeal Against OCIJ Order on Request for Investigative Action Regarding Ongoing Allegations of Corruption & Request for Expedited Oral Hearing, D158/5/3/1 (4 May 2009)
- Ieng Sary, PTC, Pros., Observations on Appeal Against the OCIJ Confidentiality Order, D138/1/5 (27 March 2009)
- Ieng Sary, PTC, Civil Party, Statement on Appeal Against OCIJ Order on Breach of Confidentiality, D138/1/3 (25 March 2009)(arguing that documents that do not affect the rights and obligations of the parties are not confidential and that any document the confidentiality of which is waived by the concerned party may be published by any party, regardless whether or not it is published on the ECCC website)
- Ieng Sary, PTC, Civil Party (unrepresented - Theary Chan Seng), Statement on Appeal Against OCIJ Order on Breach of Confidentiality, D138/1/4 (25 March 2009)
- Ieng Sary, PTC, Pros., Response to Application to Examine a Doctor During the Oral Hearing of Detention Extension Appeal, C22/5/30 (12 March 2009)
- Ieng Sary, PTC, Def., Expedited Request for Dr. Paulus Falke to Give Expert Evidence During the Oral Hearing on Provisional Detention, C22/5/28 (12 March 2009)
- Ieng Sary, PTC, Pros., Response to Application Seeking Order to Calmette Hospital to Disclose Medical Records, C22/5/27 (10 March 2009)
- Ieng Sary, PTC, Def., Appeal Against the OCIJ Order on Breach of Confidentiality of the Judicial Investigation, D138/1/1 (10 March 2009)
- Ieng Sary, PTC, Def., Expedited Request for an Order to Calmette Hospital to Immediately Disclose Medical Records and List of Treating Physician, C22/5/25 (3 March 2009)
- Ieng Sary, PTC, Pros., Response to Appeal on Extension of Provisional Detention, C22/5/7 (21 Jan. 2009)
- Ieng Sary, PTC, Def., Response to the PTC's Directions Concerning the Co-Prosecutor's Request to Determine the Appeal [from the Order Extending Provisional Detention] on the Basis of Written Submissions Alone, C22/5/9 (19 Jan 2009)
- Ieng Sary, PTC, Def., Appeal Against OCIJ Order on Extension of Provisional Detention, C22/5/1 (10 Dec. 2008)
- Ieng Sary, PTC, Pros., Response to Motion to Disqualify Amicus Curiae in the Duch Closing Order Appeal, D99/3/22 (13 Oct. 2008)
- Ieng Sary, PTC, Def., Motion to Disqualify Prof. Antonio Cassesse et al. from Submitting an Amicus Brief in the Co-Prosecutor's Appeal of the Closing Order Indicting Duch, D99/3/18 (3 Oct. 2008)
- Ieng Sary, PTC, Def., Expedited Request to Make Submissions on the Application of Joint Criminal Enterprise Liability in the Co-Prosecutor's Appeal of the Closing Order Indicting Duch, D99/3/6 (15 Sept. 2008)
- Ieng Sary, PTC, Def., Reply to the Co-Prosecutor's Response to the Appeal on Translation Rights and Obligations of the Parties, A190/II/8 (11 Sept. 2008)
- Ieng Sary, PTC, Pros., Response to Appeal on Translation Rights and Obligations of the Parties, A190/II/5 (15 Aug. 2008)
- Ieng Sary, PTC, Pros., Response to Motion on Joint Criminal Enterprise, D99/II (11 Aug. 2008)
- Ieng Sary, PTC, Def., Appeal Against OCIJ Decision Concerning Translation Rights and Obligations (22 July 2008)
- Ieng Sary, PTC, Civil Party (names redacted), Response of Three Unrepresented Civil Parties to [Theary Seng's] Application for Reconsideration of Civil Parties' Right to Address the Chamber (21 July 2008)
- Ieng Sary, PTC, Civil Party (Theary Seng), Application for Declarative Relief, Not Re-Hearing (17 July 2008)
- Ieng Sary, PTC, Pros., Response to Application for Reconsideration of the Pre-Trial Chamber's Decision Re a Civil Party's Right to Audience (17 July 2008)
- Ieng Sary, PTC, Civil Party (joint civil parties), Observations on Application for Reconsideration of Civil Party's Right to Address the Chamber (17 July 2008)
- Ieng Sary, PTC, Civil Party (Theary Seng), Application of Reconsideration on Civil Party's Right to Address Pre-Trial Chamber (2 July 2008)
- Ieng Sary, PTC, Pros., Response to Submission on Conflict of Interest of OCIJ Investigator (23 June 2008)
- Ieng Sary, PTC, Def., Appeal Against OCIJ Decision on the "Defence Request for Information on Potential Bias of OCIJ Legal Officer David Boyle"(6 June 2008)
- Ieng Sary, PTC, Civil Party (joint civil parties), Response to Appeal Against Provisional Detention Order (20 May 2008)
- Ieng Sary, PTC, Decision on Request to Suspend Consideration of Appeal Against Provisional Detention and Place Ieng Sary in the a Hospital Facility (30 April 2008)(Note: Denying request for suspension; request for hospital admission to be considered with Appeal)
- Ieng Sary, PTC, Pros., Response to the Application to Postpone the Hearing of the Appeal Against the Provisional Detention Order (28 March 2008)
- Ieng Sary, PTC, Def., Application to Postpone the Hearing of the Appeal Against the Provisional Detention Order (21 March 2008)
- Ieng Sary, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
- Ieng Sary, PTC, Def. (with lawyers for Nuon Chea and Ieng Thirith), Joint Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
- Ieng Sary, PTC, Def. (with lawyers for Khieu Samphan, Nuon Chea, and Ieng Thirith), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
- Ieng Sary, PTC, Amici- Mr. Mahdev Mohan and Mrs. Vinita Ramani Mohan, Re Provisional Detention Appeal (19 Feb. 2008)
- Ieng Sary, PTC, Amici: Anne Heindel, Re Appeal Against Order of Provision (18 Feb. 2008)
- Ieng Sary, PTC, Def., Appeal Against Provisional Detention Order (15 Jan. 2008)
Orders, Decisions, and Judgments
- Ieng Sary, PTC, Directions to the Co-Lawyers for Ieng Sary, Ieng Thirith and Nuon Chea to File a Response to the Appeals Lodged by the Civil Party Applicants (4 May 2011) (Setting a deadline of May 19, 2011 for defense to file their responses to various appeals before the Pre-Trial Chamber)
- Ieng Sary, PTC, Decision on Ieng Sary's Request to Reclassify All PTC08 Documents as Public (3 May 2011) (Dismissing the request to reclassify documents pertaining to an investigation conducted pursuant to Internal Rule 35 on allegations of interference with the administration of justice as 'Public')
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal Against the Closing Order (11 Apr 2011) (Dismissing the appeals)
- Ieng Sary, TC, Order on Co-Prosecutors' and Civil Party Lead Co-Lawyers' Request for Extension of Time and Page Limits (4 Mar 2011) (Granting the request in part, allowing a consolidated response to preliminary objections of defense not exceeding 35 pages no later than 21 March 2011)
- Ieng Sary, TC, Trial Chamber Memorandum on the Request Dated 6 January 2011 to the Pre-Trial Chamber by the Co-Lawyers for Nuon Chea Seeking a Resumption of Periodic Detention Interviews, Pursuant to Internal Rule 63(8) (2 Mar 2011) (Rejecting the request for lack of jurisdiction)
- Ieng Sary, PTC, Decision on Appeals by Nuon Chea and Ieng Thirith Against the Closing Order (15 Feb 2011) (Dismissing nearly all appeals, but granting one to add a nexus element to Chapeau requirements listed in the Closing Order)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal Against the Closing Order: Reasons for Continuation of Provisional Detention (24 Jan 2011) (Rejecting the appeals and offering reasons for the extension of provisional detention)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal Against the Closing Order's Extension of His Provisional Detention (21 Jan 2011) (Rejecting the request, finding the extension of provisional detention in accordance with law)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal Against the Closing Order (13 Jan 2011) (Dismissing the appeal, but granting two requests for changes to the Closing Order, and sending the case to trial)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal Against the Closing Order's Extension of His Provisional Detention (13 Jan 2011) (Dismissing the appeal)
- Ieng Sary, PTC, Decision on reconsideration of Co-Prosecutors' Appeal against the Co-Investigating Judges Order on Request to Place Additional Evidentiary Material on the Case File which Assists in Proving the Charged Persons' Knowledge of the Crimes (27 September 2010)
- Ieng Sary, PTC, Decision on Ieng Sary's appeal against OCIJ decision refusing to accept the filing of Ieng Sary's response to the Co-Prosecutors' rule 66 final submission and additional observations and request for stay of the proceedings (20 September 2010)
- Ieng Sary, PTC, Second decision on Nuon Chea's and Ieng Sary's appeal against OCIJ order on request to summons witnesses (9 September 2010)
- Ieng Sary, PTC, [Redacted] Decision on Ieng Sary's Appeal against the Co-Investigating Judge's order denying his request for appointment of an additional demographic expert to Re-examine the subject matter of the expert report submitted by Ms.EWA TABEAU and Mr. THEY KHEAM (29 June 2010)
- Ieng Sary, PTC, Second decision on Nuon Chea's and Ieng Sary's Appeal against the OCIJ Order on requests to summons Witnesses, D314/1/12 (9 September 2010)
- Ieng Sary, PTC, Decision on Ieng Sary's and on Ieng ThirithApplications under Rule 34 to Disqualify Judge Marcel Lemonde[Redacted], (16 June 2010) (unanimously dismissing the defense appeal to disqualify Judge Lemonde on the basis of bias)
- Ieng Sary, PTC, Decision on Ieng Sary's and on Ieng ThirithApplications under Rule 34 to Disqualify Judge Marcel Lemonde[Redacted], (16 June 2010) (unanimously dismissing the defense appeal to disqualify Judge Lemonde on the basis of bias)
- Ieng Sary, PTC, Decision on Co-Prosecutors' Appeal against the Co-Investigating Judges Order on Request to Place on Case File Additional Evidentiary Material which assists in proving the Charged Persons' Knowledge of the Crimes, D365/2/10 (15 June 2010)
- Ieng Sary, PTC, Decision on Ieng sary's appeal against Co-investigating judges's order denying request to allow audio/video recording of meetings with Ieng Sary at the detention faculty, A371/2/12 (14 June 2010) (holding the appeal inadmissible under Internal Rule 77(13))
- Ieng Sary, PTC, Decision on Ieng Sary’s Appeal against Co-Investigating Judges’ Order on Ieng Sary’s Motion against the Application of Command Responsibility, D345/5/11 (09 June 2010) (holding the appeal inadmissible under Internal Rule 77(13))
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal against the Co-investigating's judges's rejection of Ieng Sary's third request to provide the defence with an analytical table of the evidence with the closing order, A372/2/7 (8 June 2010) (holding the appeal inadmissible under Internal Rule 77(13))
- Ieng Sary, PTC, Decision on Appeal against the Co-investigating Juges's Order issuing Warnings under Internal Rule 38, D367/1/5 (07 June 2010) (holding the defense appeal to be inadmissible)
- Ieng Sary, PTC, Decision on the Appeals Against the Co-Investigative Judges Order on Joint Criminal Enterprise (JCE), D97/15/9 (20 May 2010)
- Ieng Sary, PTC, Decision on Admissibility of Ieng Sary's Appeal against the OCIJ's Constructive Denial of Ieng Sary's Requests Concerning the OCIJ's Identification of and Reliance on Evidence Obtained through Torture, D130/7/3/5 (10 May 2010) (declaring Ieng Sary’s appeal to be inadmissible)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal against Order on Extension of Provisional Detention, C22/9/14 (30 April 2010) (affirming the OCIJ’s order to extend the provisional detention of Ieng Sary)
- Ieng Sary, PTC, Pre-Trial Chamber Hearing Schedule (30 April 2010) (setting forth the Pre-Trial Chamber’s hearing schedule for May and June 2010)
- Ieng Sary, PTC, Scheduling order, C22/9/11 (26 April 2010)
- Ieng Sary, PTC, Decision on Ieng Sary's Rule 35 Application for Judge Marcel Lemonde's Disqualification (29 March 2010)
- Ieng Sary, PTC, Decision on Ieng Sary's Expedited Request for Extension of Page Limit for Ieng Sary's Appeal against the OCIJ's Order on the Application at the ECCC of the Form of Liability known as Joint Criminal Enterprise, D97/14/4 (20 January 2010)
- Ieng Sary, PTC, Scheduling Order, C22/9/4 (20 January 2010)
- Ieng Sary, PTC, Decision on Co-Lawyer's Application for Extension of Time to File Ieng Sary's Appeal against the OCIJ's Order on the Application at the ECCC of the Form of Liability Known as Joint Criminal Enterprise, D97/14/2 (22 December 2009)
- Ieng Sary, PTC, Decision on Ieng Sary's Appeal against the Co-Investigating Judges' Constructive Denial of Ieng Sary's Third Request for Investigative Action, D171/4/5 (22 December 2009)
- Ieng Sary, PTC, Decision on Ieng Sary’s Appeal Against the Co-Investigating Judges’ Order on Request for Additional Expert, D140/4/5 (14 December 2009)
- Ieng Sary, PTC, Decision on Ieng Sary's Application to disqualify Co-Investigating Judge Marcel Lemonde (9 December 2009)
- Ieng Sary, PTC, Decision on Ieng Sary's Request for Appropriate Measures Concerning Certain Statements by Prime Minister Hun Sen Challenging the Independence of Pre-Trial Chamber Judges Katinka Lahuis and Rowan Downing (30 November 2009)
- Ieng Sary, PTC, Decision on the Charged Person's Application for Disqualification of Drs. Stephen Heder and David Boyle, (22 September 2009)
- Ieng Sary, PTC, Decision on Admissibility of the Defense Appeal from the OCIJ Order on Breach of Confidentiality, D138/1/8 (13 July 2009) (concluding that the OCP and Civil Parties have no standing to make submissions on the appeal, and that the appeal itself is inadmissible because the PTC may hear appeals only against OCIJ "orders," not appeals against OCIJ "warnings")
- Ieng Sary, PTC, Decision on Appeal Against Provisional Detention, E22/5/39 (26 June 2009) (affirming the OCIJ decision to extend provisional detention)
- Ieng Sary, PTC, Decision on Expedited Request for an Order to Calmette Hospital, C22/5/33 (30 March 2009)(rejecting request as outside the jurisdiction of an appellate body like the PTC)
- Ieng Sary, PTC, Decision on Expedited Request for Dr. Paulus Falke to Give Expert Evidence During the Oral Hearing on Provisional Detention, C22/5/34 (30 March 2009)(rejecting request on the grounds that Ieng Sary's health is not a significant issue in the determination of his appeal from provisional detention)
- Ieng Sary, PTC, Written Version of Oral Decision of 26 February 2009 on the Requests Presented Before the PTC During the Hearing Held on the Same Day, C22/5/24 (27 Feb. 2009)
- Ieng Sary, PTC, Decision on Request to Summon Medical Experts to Give Evidence During the Oral Hearing on Provisional Detention, C22/5/18 (23 Feb. 2009)(rejecting the defense’s request because medical issues were insufficiently briefed in the appeal against provisional detention filings and there was no evidence indicating that further testimony on the issue was necessary)
- Ieng Sary, PTC, Report of Examination of Appeal Against Extension of Provisional Detention, C22/5/17 (23 Feb. 2009)(outlining issues presented by Ieng Sary’s Appeal Against the Order Extending Provisional Detention)
- Ieng Sary, PTC, Decision on Appeal Against the OCIJ’s Order on Translation Rights and Obligations of the Parties, A190/II/9 (20 Feb. 2009)( finding the appeal inadmissible, because the challenged Translation Order does not fall within any of the enumerated categories of appealable decisions established by Rule 74(3)(b))
- Ieng Sary, PTC, Decision on Co-Prosecutor’s Request to Determine the Appeal on the Basis of Written Submissions and Scheduling Order, C22/5/10 (29 Jan. 2009)(rejecting the Co-Prosecutor’s request and scheduling oral hearings)
- Ieng Sary, PTC, Decision on Appeal Regarding Appointment of a Psychiatric Expert (21 Oct. 2008)(finding the appeal of the application to the Co-Investigating Judges to appoint an expert to determine fitness for trial admissible, but denying the need for the expert)
- Ieng Sary, PTC, Decision on Appeal from Provisional Detention (17 Oct. 2008)(denying appeal)
- Ieng Sary, PTC, Decision on Motion to Disqualify Amicus Curiae (14 Oct. 2008)(denying motion on the basis that Ieng Sary does not have standing to move to disqualify an amicus in proceedings against Kang Guek Eav)
- Ieng Sary, PTC, Public Directions on Unrepresented Civil Parties' Rights to Address the Pre-Trial Chamber in Person (29 Aug. 2008)
- Ieng Sary, PTC, Decision on Application for Reconsideration of Civil Parties' Right to Address Pre-Trial Chamber in Person (28 Aug. 2008) (Note: Application for Reconsideration denied)
- Ieng Sary, PTC, Decision on Appeal Against Letter Concerning Request for Information on Legal Officer David Boyle (28 Aug. 2008)
- Ieng Sary, PTC, Further Directions Concerning Application for Reconsideration of Civil Party’s Right to Address the Chamber (14 July 2008)
- Ieng Sary, PTC, Decision on Civil Parties' Request for Protective Measures (8 July 2008) (Note: Granting civil parties' request for confidentiality)
- Ieng Sary, PTC, Decision on Civil Party Request to Address the Court in Person (oral decision 1 July 2008, written decision 3 July 2008) (Note: Denying Theary Seng's request; subsequently challenged)
- Ieng Sary, PTC, Decision on Preliminary Matters Raised by Civil Parties in Appeal Against Provisional Detention (1 July 2008) (Note: Reiterating previous PTC rulings limiting civil party oral submissions on provisional detention and requiring civil parties with counsel to address the court through counsel)
- Ieng Sary, PTC, Report of Examination (25 June 2008) (Note: Describing the Co-Investigating Judges' Order of Provisional Detention, the submissions of the Prosecution and Defence, and relevant facts from the case file, in anticipation of the hearing of the appeal against provisional detention)
- Ieng Sary, PTC, Decision on Defence Request for Translation Services (19 June 2008) (Note: Declaring request inadmissible)
- Ieng Sary, PTC, Directions on Civil Party Oral Submissions in Provisional Detention Hearing (20 May 2008) (Note: Requiring civil parties with counsel to address the court through counsel)
- Ieng Sary, PTC, Decision on Appeal Concerning Contact Between Accused and his Wife Ieng Thirith (30 Apr 2008)(Note: overrules previous OCIJ decision limiting contact)
- Ieng Sary, PTC, Decision on the Application to Postpone the Hearing of the Appeal Against the Provisional Detention Order (1 April 2008)
- Ieng Sary, PTC, Decision on the Admissibility of the Appeal Regarding Visitation (21 March 2008)
Trial Chamber
Pleadings
- Reclassification of Strictly Confidential Documents in Case File 002 (12 Jan 2012) (Listing some of the documents that will be reclassified as public)
- Reclassification of Additional Documents on the Case File (12 Jan 2012) (Stating that the Trial Chamber has reviewed the remaining strictly confidential documents in the Case File and determined that an additional 135 documents should be reclassified as confidential or public)
- [Corrected 1] Scheduling of Oral Hearing on Documents (16-19 January 2012) (11 Jan 2012) (Stating that the Trial Chamber shall devote 16-19 of January to in-court consideration of documentary issues)
- Ieng Sary Letter of Authorization (5 Jan 2012) (Authorizing Ieng Sary's Co-Lawyers to file an Appeal against the Trial Chamber's Decision on Motions for the disqualification of Judge Cartwright)
- Ieng Sary's Objections to the Admission of Certain OCP Documents for the First Four Trial Segments (5 Jan 2012) (Requesting that the Trial Chamber reject the documents listed in the annexes from the first four trial segments)
- Ieng Sary Letter of Authorization (5 Jan 2012) (Authorizing Ieng Sary's Co-Lawyers to file an appeal against the Trial Chamber's decision denying his presence in the courtroom and denying his right to assist in his own defence)
- Ieng Sary Request that the Trial Chamber Direct the Senior Legal Officer to Maintain Open and Transparent Communication With All Parties Concerning Trial Management Issues (E154) (20 Dec 2011) (Stating that the communication in question was appropriately directed to the relevant parties and that future motions of this type will not receive a response from the Chamber)
- Ieng Sary, TC, Judicial Recess During Christmas and New Year Period (20 Dec 2011) (Advising the parties that it will take a recess from 26 Dec 2011 - 3 Jan 2011 and that it will not accept any documents for filing during that time)
- Ieng Sary, TC, Translation Requests in Support of Nuon Chea Motion E142 and Ieng Sary Letter to the Trial Chamber Senior Legal Officer of 11 December 2011 (E142/1) (20 Dec 2011) (Advising it will only entertain allegations of inconsistency between audio recordings and written statements when the inconsistencies are identified with specific particularity and refer to discrepancies on the substance that could have a clear relevance to the ongoing trial and that translation requests should identify and be limited to the portions of the recordings and statements that are inconsistent)
- Ieng Sary, TC, Ieng Sary's Objections to the Admission of Certain Documents Contained in the Footnotes of the Closing Order Paragraphs Read Out in Court (16 Dec 2011) (Objecting to some of the documents set forth in the footnotes of the Closing Order and stating that the parties have not had sufficient time to object to these documents).
- Ieng Sary, TC, Ieng Sary's Partial Support to the Co-Prosecutors' Trial Management Request (16 Dec 2011) (Supporting the first request in its entirety, taking no position with regard to the second request and partial supporting the third request but noting that one week might not be enough time)
- Ieng Sary, TC, Ieng Sary's Objections to the Admission of Certain OCP Documents for the First Trial Segment (16 Dec 2011) (Objecting to the admissibility of certain OCP documents for the first trial segment)
- Ieng Sary, TC, OCP's 'Consolidated Response to Objections to Co-Prosecutors' Document List for First Trial Session' (E131/19) and Ieng Sary's Objections to OCP and Civil Party Documents (9 Dec 2011) (Requesting that the OCP response be rejected)
- Ieng Sary, TC, Transcripts of Witness Interviews (11 Dec 2011) (Requesting that the Trial Chamber direct CMS to provide fill transcripts for each OCIJ interview conducted with the witnesses scheduled to testify in Case 002)
- Ieng Sary, TC, Request for Clarification Concerning Trial Chamber's Procedure for Considering Motions (1 Dec 2011) (Requesting clarification of the Trial Chamber's procedure for deciding applications and motions)
- Ieng Sary, TC, The Accused Ieng Sary's Waiver of Rights to Be Present During Court Proceedings (13 Dec 2011) (Waiving his right to be present during the court proceedings)
- Ieng Sary, TC, Co-Prosecutors' Trial Management Request (14 Dec 2011) (Requesting the Trial Chamber to set down a tentative order of call for all remaining witnesses and civil parties in relation to the first segment of the first trial, to withdraw one expert and four witnesses primarily related to the Accused Ieng Thirith, and to allocate a week of hearings for the purpose of oral argument on the admissibility of documents for five days during 6 to 9 February 2012)
- Ieng Sary, TC, Ieng Sary's Request for the Trial Chamber to Direct the Trial Chamber Senior Legal Officer to Maintain Open and Transparent Communication with All Parties Concerning Trial Management Issues (14 Dec 2011) (Requesting open and transparent communication because the Trial Chamber Senior Legal Officer has been engaging in ex parte communication with select parties concerning matters which are of importance to all parties)
- Ieng Sary, TC, Response to Issues Raised by Parties in Advance of Trial and Scheduling of Informal Meeting with Senior Legal Officer on 18 November 2011 (17 Nov 2011) (Addressing remaining issues that the parties felt requiered resolution before the hearing of the substance in Case 002)
- Ieng Sary, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
- Ieng Sary, TC, Consolidated Response to Objections to Co-Prosecutors' Document List for First Trial Session (1 Dec 2011) (Arguing that the general objections put forward by the Defence are ill-founded and requesting the Trial Chamber to direct the Defence to re-file specific objections, if any, to the Co-Prosecutors' Document list and to admit documents which are not the subject of specific and reasoned objections)
- Ieng Sary, TC, Response to Ieng Sary Defence Letter of 1 December 2011 (6 Dec 2011) (Stating that where matters are urgent, the Trial Chamber decides expeditiously and that the Chamber may also in its discretion determine that replies to responses by the parties are unlikely to materially advance the Chamber's understanding of particular issues and decide that a reply might not be authorized)
- Ieng Sary, TC, Notice of Variation of Order of Call of Civil Parties and Witnesses for First Trial Session (5-16 December 2011) and Further Information Related to Hearing of Evidence During this Session (E131/1.2) (2 Dec 2011) (Providing notice that the Trial chamber intends to change the order of witnesses to be called and to provide the parties with information regarding the hearing of the first Civil Parties and witnesses in Case 002/01)
- Ieng Sary, TC, Co-Prosecutors' Joint Response to: 1) Nuon Chea's Urgent Application for Disqualification of Judge Cartwright; and 2) Ieng Sary's Request for Investigation Concerning Ex Parte Communications Between the International Co-Prosecutor, Judge Cartwright and Others (1 Dec 2011) (Requesting that the Trial Chamber dismiss the Nuon Chea Application and the Ieng Sary Request as inadmissible, manifestly unfounded, dilatory and/or not in the interests of justice)
- Ieng Sary, TC, Co-Prosecutors' Request for Investigation into Witness Deaths (E144) (1 Dec 2011) (Directing WESU to conduct enquiries into the discrepancies in Death Certificates and interviews with trial witnesses and to determine whether these witnesses are in fact deceased)
- Ieng Sary, TC, Notice of Trial Chamber's Disposition of Remaining Pre-Trial Motions (E20, E132, E134, E135, E124/8, E124/9, E124/10, E136 and E139) and Further Guidance to the Civil Party Lead Co-Lawyers (29 Nov 2011) (Stating the document E141 constitutes the final response to the above motions and that per Internal Rule 89ter the Trial Chamber has a discretionary trial management competence that is without right of appeal)
- Ieng Sary, TC, Response to Ieng Sary Defence Request for Access to Strictly Confidential Documents on the Case File (E118) (28 Nov 2011) (Stating that all Medical Documents and WESU risk assessments will remain confidential and ordering a reassessment and reclassification of Civil Party applications and complaints and other documents that have not been identified as relevant to Case 002 because some might no longer be strictly confidential)
- Ieng Sary, TC, Advance Notice of Assignment of Examination of Four Witnesses During First Trial Segment (5-16 December 2011) (28 Nov 2011) (Assigning to the Co-Prosecutors the examination of the four witnesses and stating that the examination shall be limited to the relevant facts)
- Ieng Sary, TC, Provision of Prior Statements to Witnesses in Advance of Testimony at Trial (24 Nov 2011) (Providing guidelines regarding the scope and purpose of providing witnesses with the opportunity to review their prior statements in advance of their testimony)
- Ieng Sary, TC, Ieng Sary's Request for Investigation Concerning Ex Parte Communications Between the International Co-Prosecutor, Judge Cartwright and Others (24 Nov 2011) (Requesting an investigation of all ex parte communications between the International Co-Prosecutor, Judge Cartwright and others so that full disclosure of such communications is made and requesting Judge Cartwright to respectfully recuse herself from the proceedings of Case 002 until this request is decided)
- Ieng Sary, TC, Advance Notice of Assignment of Examination of Three Civil Parties during First Trial Segment (5-16 December 2011) (23 Nov 2011) (Assigning the primary responsibility for the examination of the three Civil Parties to the Civil Party Lead Co-Laywers)
- Ieng Sary, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
- Ieng Sary, TC, Notice of Change to Defence Team Members List (22 Nov 2011) (Noting all recent changes to the Defence Teams)
- Ieng Sary, TC, Response to Ieng Sary Defence Letter Requesting Courtesy Copies (21 Nov 2011) (Providing copies of the sources cited in the Trial Chamber's Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity)
- Ieng Sary, TC, Trial Chamber Response to Lead Co-Lawyers and Civil Party Lawyers' Request to Make a Brief Preliminary Remarks on Behalf of Civil Parties (E131/4) (15 Nov 2011) (Rejecting the request to make a brief preliminary remark on the views and concerns of the Civil Parties)
- Ieng Sary, TC, Co-Prosecutors' Objections to Parties' Proposed Document Lists for First Three Weeks of Trial (14 Nov 2011) (Stating the Co-Prosecutors do not object to the proposed documents on the lists of Ieng Sary, Khieu Samphan, Ieng Thirith or the Civil Party and that they reserve their position with respect to proposed new documents included on any of the lists)
- Ieng Sary, TC, Ieng Sary's Request to Stay the Commencement of the Trial Proceedings Until the Final Determination of Ieng Sary's Preliminary Objections Regarding the Royal Pardon and Amnesty and Ne Bis In Idem: Table of Authorities (4 Nov 2011) (Listing the authorities relied upon for the above request)
- Ieng Sary, TC, Ieng Sary's Request to Stay the Commencement of the Trial Proceedings Until the Final Determination of Ieng Sary's Preliminary Objections Regarding the Royal Pardon and Amnesty and Ne Bis In Idem (4 Nov 2011) (Requesting the Trial Chamber stay the commencement of the Trial Proceedings until the Supreme Court Chamber determines whether issues of the Royal Pardon and Amnesty and/or ne bis in idem prohibit the prosecution of Ieng Sary in the ECCC)
- Ieng Sary, TC, Judicial Recess During the Water Festival Period (2 Nov 2011) (Informing the parties that the Trial Chamber will recess during the Water Festival and will not accept any documents for filing during that time)
- Ieng Sary, TC, Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
- Ieng Sary, TC, List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
- Ieng Sary, TC, Co-Prosecutors' Notification of Documents to Be Put Before the Chamber in Connection With Those Witnesses and Experts Who May Be Called During the First Three Weeks of Trial with Confidential Annex A (1 Nov 2011) (Notifying the Trial Chamber they will seek to admit documents identified in Annex A in connection with the parties called to testify in the first three weeks of trial)
- Ieng Sary, TC, Ieng Sary's Document List for the First Trial Segment (1 Nov 2011) (Submitting Ieng Sary's document list in connection to the witnesses to be called during the first trial segment)
- Ieng Sary, TC, Civil Parties List of Documents Relevant to the Initial Trial Session (28 November- 16 December 2011) (28 Oct 2011) (Requesting that the Trial Chamber file a corrigendum listing the entirety of the documents filed for the first four segments and to admit all the annexes of E109/2)
- Ieng Sary, TC, Civil Parties Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 and for Clarification on Trial Scheduling and Preparation (28 Oct 2011) (Requesting the Trial Chamber schedule a Trial Management Meeting before Nov. 21st and that the chamber respond to any questions presented in the document before the commencement of trial)
- Ieng Sary, TC, Ieng Sary's Notice to the Trial Chamber That He Will Not Testify During Trial (24 Oct 2011) (Notifying the Trial Chamber that he will not testify or answer any questions put to him during any trial or mini-trial in Case 002)
- Ieng Sary, TC, Annex: Mr. Ieng Sary's Notice to the Trial Chamber That He Will Not Testify (24 Oct 2011) (Asserting his right to remain silent at every stage of the proceedings)
- Ieng Sary, TC, Ieng Sary's Support to the Co-Prosecutors' Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 (24 Oct 2011) (Supporting the Co-Prosectuors request for a trial management meeting and regular trial status meetings for Case 002)
- Ieng Sary, TC, Co-Prosecutor's Request for a Trial Management Meeting and Regular Trial Status Meetings for Case 002 (21 Oct 2011) (Requesting that the Trial Chamber schedule a trial management meeting and weekly trial status meetings to allow for the parties to communicate regularly)
- Lead Co-Lawyers and Civil Party Lawyers Request for Reconsideration of the Terms of the Severance Order E124 (18 Oct 2011) (Requesting the Trial Chamber reconsider its severance order and grant the opportunity to debate the issue in a public hearing in the interests of justice)
- Ieng Sary, TC, Ieng Sary's Response to the Co-Prosectuors' Request for Reconsideration of 'Severance Order Pursuant to Internal Rule 89ter' (13 Oct 2011) (Submitting that while reconsideration is permissible, (1) severance must be consistent with 89ter, (2) guidance on severance cannot be taken from the ICTY, (3) the OCP has not demonstrated that the Severance Order is not in the interests of justice and (4) OCP's alternative severance plan will not lead to a speedy trial)
- Ieng Sary, TC, Lead Co-Lawyers Urgent Request on the 19 October 2011 Hearing Following the Chambers' Memorandum E125 (7 Oct 2011) (Requesting the Trial Chamber postpone the 19 October 2011 hearing)
- Ieng Sary, TC, International Co-Prosecutors' Disclosure to Trial Chamber Regarding Interviews of Case 002 Witnesses in Cases 003 and 004 with Strictly Confidential Annex A (6 Oct 2011) (Seeking direction from the Trial Chamber with regards to interviews conducted of Case 002 witnesses in the judicial investigations of Case 003 and Case 004)
- Ieng Sary, TC, Co-Prosecutors' Request for Leave to Reply and Reply to Ieng Sary's Response Regarding the Intentions of the Accused with Respect to Testifying (3 Oct 2011) (Seeking leave to reply to 'Ieng Sary's Response to the Co-Prosecutors' Additional Request for a Direction Regarding the Intentions of the Accused with Respect to Testifying')
-
Ieng Sary, TC, Co-Prosecutors Joint Response to 'Ieng Sary's Request for Access to Strictly Confidential Documents on the Case File' and 'Ieng Thirith Defence Motion Supporting in Part 'Ieng Sary's
Request for Access to Strictly Confidential Documents on the Case File (3 Oct 2011) (Asking the Trial Chamber to dismiss the request insofar as it relates to all strictly confidential documents and that the Trial Chamber issue protective orders and redact confidential material with regards to documents that may be viewed) - Ieng Sary, TC, Co-Prosecutors' Request for Reconsideration of 'Severance Order Pursuant to Internal Rule 89ter (3 Oct 2011) (Requesting that the Trial Chamber revise its order and arguing that the current order needs to be reformulated in the interest of justice)
- Ieng Sary, TC, Ieng Sary's Conditional Support to the Co-Prosecutors' Notice of Request for Reconsideration of the Terms of 'Severance Order Pursuant to Internal Rule 98ter (3 Oct 2011) (Conditionally supporting the Co-Prosecutors' request for reconsideration of the severance order and requesting sufficient time for the parties to examine and respond to the Co-Prosecutors' recommendations)
- Ieng Sary, TC, Co-Prosecutors' Consolidated Reply to Defense Responses to Co-Prosecutors' Requests to Re-characterize Charges in the Indictment and to Exclude the Nexus Requirement for an Armed Conflict to Prove Crimes Against Humanity (11 Aug 2011) (Asking the Trial Chamber to grant their request and, in doing so, reject defense's argument that excluding the nexus requirement would violate the principle of legality)
- Ieng Sary, TC, Co-Prosecutors' Reply to the Responses Regarding the Admission of Written Witness Statements Before the Trial Chamber (10 Aug 2011) (Responding to defense's opposition to the OCP's motion to allow the submission of written witness statements at trial
- Ieng Sary, TC, Joint Response of Ieng Sary, Ieng Thirith and Nuon Chea on Co-Prosecutors' Submission on Statute of Limitations for National Crimes (17 Jun 2011) (Requesting the Trial Chamber to reject the submission)
- Ieng Sary, TC, Co-Prosecutors' Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 Jun 2011)
- Ieng Sary, TC, Co-Prosecutors' Request for the Trial Chamber to Recharacterize the Facts Establishing the Conduct of Rape as the Crime Against Humanity of Rape Rather than the Crime Against Humanity of Other Inhumane Acts (16 Jun 2011)
- Ieng Sary, TC, Co-Prosecutors' Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (15 Jun 2011)
- Ieng Sary, TC, Co-Prosecutors' Combined Response to Ieng Sary's Supplements to His Rule 89 Objection (Ne Bis In Idem and Royal Pardon and Amnesty) (7 Jun 2011) (Requesting the Trial Chamber to reject the appeals)
- Ieng Sary, TC, Co-Prosecutors' Joint Response to Ieng Sary's "Motion to Add New Trial Topics to the Trial Schedule" and Nuon Chea's "Motion in Support of Ieng Sary's Motion to Add New Trial Topics to the Trial Schedule and Request to Add Additional Topics" (6 Jun 2011) (Requesting the Trial Chamber to reject the requests and, in any event, provide as much advanced notice as possible to the parties regarding the trial schedule)
- Ieng Sary, TC, Ieng Sary's Supplement to His Rule 89 Preliminary Objection (Ne Bis In Idem) (27 May 2011) (Requesting the Trial Chamber to find that the principle of ne bis in idem precludes prosecution of Ieng Sary at the ECCC)
- Ieng Sary, TC, Co-Prosecutors' Submission on Statute of Limitations for National Crimes (27 May 2011) (Requesting the Trial Chamber to dismiss all defense appeals related to the statute of limitations for national crimes)
- Ieng Sary, TC, Ieng Sary's Supplement to His Rule 89 Preliminary Objection (Royal Pardon and Amnesty) (27 May 2011) (Requesting the Trial Chamber to find that Ieng Sary's royal pardon and amnesty preclude his prosecution at the ECCC)
- Ieng Sary, TC, Ieng Sary's Motion to Add New Trial Topics to Trial Schedule (23 May 2011) (Requesting various topics be added to the trial schedule)
- Ieng Sary, TC, Co-Prosecutors' Response to "Ieng Sary's Observations to the Co-Prosecutors' Notification of Legal Issues it Intends to Raise at the Initial Hearing" (18 May 2011) (Requesting the Trial Chamber to dismiss Ieng Sary's motion)
- Ieng Sary, TC, Ieng Sary's Indication of the Portions of the Pre-Trial Chamber's Decision on Ieng Sary's Appeal Against the Closing Order Which Require Supplementary Submissions Related to the Application of International Crimes and Forms of Liability at the ECCC (3 May 2011)
- Ieng Sary, TC, Ieng Sary's Observations to the Co-Prosecutors' Notification of Legal Issues it Intends to Raise at the Initial Hearing (3 May 2011) (Requesting the Trial Chamber to block the OCP from raising certain issues at the initial hearing and, instead, to provide their arguments in a written submission)
- Ieng Sary, TC, Ieng Sary's Motion for All Statements of Kaing Guek Eav Alias "Duch" not to be Admitted as Evidence Unless Duch Appears in Court as a Witness & For Disclosure by the OCP and Trial Chamber of Duch's Untruthful Statements (26 Apr 2011)
- Ieng Sary, TC, Response to Ieng Sary and Khieu Samphan on Legal Issues Initial Hearing (25 Apr 2011) (Requesting the Trial Chamber to take note of the Civil Parties' observations regarding arguments defense is likely to raise at the initial hearing)
- Ieng Sary, TC, Co-Prosecutors' Notification of Legal Issus it Intends to Raise at the Initial Hearing (19 Apr 2011)
- Ieng Sary, TC, Ieng Sary's Third Initial List of Documents (19 Apr 2011)
- Ieng Sary, TC, Ieng Sary's Indication of Legal Issues He Intends to Raise at the Initial Hearing (13 Apr 2011)
- Ieng Sary, TC, Co-Prosecutors' Response to 'Ieng Sary's Request for a Direction Stating that Time Limits do not Commence Until Filings are Notified in Both Working Languages of the Defense' (4 Apr 2011) (Requesting the Trial Chamber to reject the request)
- Ieng Sary, TC, Ieng Sary's Request for Clarification as to Whether Decisions and Orders are Being Taken by the Full Trial Chamber (31 Mar 2011)
- Ieng Sary, TC, Ieng Sary's Motion Against the Taking of Judicial Notice of Adjudicated Facts from Case 001 (28 Mar 2011) (Requesting the Trial Chamber to not take judicial notice of adjudicated facts from Case 001 in Case 002)
- Ieng Sary, TC, Ieng Sary's Motion Against Facts of Common Knowledge Being Applied in Case 002 (28 Mar 2011) (Requesting the Trial Chamber to not take judicial notice of any facts of common knowledge in Case 002)
- Ieng Sary, TC, Ieng Sary's Motion Against Facts of Common Knowledge Being Applied in Case 002 (28 Mar 2011) (Requesting the Trial Chamber to not take judicial notice of any facts of common knowledge in Case 002)
- Ieng Sary, TC, Ieng Sary's Motion Against the Taking of Judicial Notice of Adjudicated Facts from Case 001 (28 Mar 2011) (Requesting the Trial Chamber to not take judicial notice of adjudicated facts from Case 001 in Case 002)
- Ieng Sary, TC, Ieng Sary's Request for Clarification as to Whether Decisions and Orders are Being Taken by the Full Trial Chamber (31 Mar 2011)
- Ieng Sary, TC, Ieng Sary's Reply to the Co-Prosecutors' Joint Response to Ieng Thirith, Ieng Sary and Nuon Chea's Applications for Disqualification of the Judges (1 Mar 2011) (Requesting disqualification of the Trial Chamber Judges for the appearance of bias)
- Ieng Sary, TC, Co-Prosecutors' Request for an Extension of Time and Page Limit to Respond to Preliminary Objections of the Accused (1 Mar 2011) (Requesting an extension of 20 pages and 14 days for filing a joint response to all preliminary objections of defense, citing a multitude of objections as their justification)
- Ieng Sary, TC, Summary of Ieng Sary's Rule 89 Preliminary Objections & Notice of Intent of Noncompliance with Future Informal Memoranda Issued In Lieu of Reasoned Judicial Decisions Subject to Appellate Review (25 Feb 2011) (Stating their preliminary objections and requesting the Trial Chamber to find the ECCC lacks jurisdiction over Ieng Sary)
- Ieng Sary, TC, Ieng Sary's Motion to Strike Portions of the Closing Order Due to Defects (24 Feb 2011) (Requesting the Trial Chamber to strike portions of the Closing Order, including all references to national crimes, joint criminal enterprise, genocide, command responsibility and persecution as a crime against humanity)
- Ieng Sary, TC, Ieng Sary's Motion for Civil Parties to Testify Under Oath if They are Permitted to Testify as to Their Knowledge of the Criminal Case (24 Feb 2011)
- Ieng Sary, TC, Ieng Sary's Reply to the Co-Prosecutors' Response to Ieng Sary's Motion Against the Use of Torture Tainted Evidence at Trial (24 Feb 2011) (Responding to the OCP and reiterating their request that the Trial Chamber not consider any evidence obtained by torture, except against persons accused of torture as evidence to show alleged statements were made)
- Ieng Sary, TC, Ieng Sary's Motion Against the Use of All Material Collected by the Documentation Center of Cambodia (24 Feb 2011) (Opposing the use of material collected by DC-Cam on various grounds, including allegations of bias, and requesting a hearing to consider the matter)
- Ieng Sary, TC, Ieng Sary's Notice Reserving His Rights to Object to Civil Parties and Defense Teams' Proposed Witnesses and Experts (24 Feb 2011)
- Ieng Sary, TC, Co-Prosecutors' Response to Ieng Thirith, Ieng Sary and Nuon Chea's Applications for Disqualification of the Judges (23 Feb 2011) (Requesting the Trial Chamber to dismiss the applications)
- Ieng Sary, TC, Ieng Sary's Rule 80 Summaries of Expertise and Qualifications of Each Proposed Expert and Points of the Indictment to Which Each is Expected to Testify (23 Feb 2011)
- Ieng Sary, TC, Co-Prosecutors' Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
- Ieng Sary, TC, Ieng Sary Defense Team's Response to Susan Lamb's Memorandum Dated 18 February 2011 (21 Feb 2011) (Responding to Lamb's memo regarding procedures for filing preliminary objections, taking exception with various points raised)
- Ieng Sary, TC, Ieng Sary's Notification Concerning Objection to OCP Proposed Witnesses (Annexes 3, 3A and 5) (21 Feb 2011) (Reserving the right to object to witnesses listed in Annexes 3, 3A and 5)
- Ieng Sary, TC, Co-Prosecutors' Response to Ieng Sary's Motion Against the Use of Torture Tainted Evidence at Trial (21 Feb 2011) (Requesting the Trial Chamber to dismiss the motion as premature)
- Ieng Sary, TC, Ieng Sary's Motion to Support Ieng Thirith and Nuon Chea's Applications for Disqualification of the Trial Chamber Judges & Ieng Sary's Motion to Join Ieng Thirith's Application for the Trial Chamber to be Replaced - for the Purpose of Adjudicating the Applications - by Reserve Judges of the Trial Chamber or Additional Judges Chosen by the Judicial Administration Committee (17 Feb 2011)
- Ieng Sary, TC, Ieng Sary's Response to 'Trial Chambers Amended Procedures for the Filing of Preliminary Objections and Clarification of Envisaged Response Deadlines' (17 Feb 2011) (Requesting the Trial Chamber to treat each defendant individually and to consider all preliminary objections before reaching any decisions)
- Ieng Sary, TC, Ieng Sary's Rule 89 Preliminary Objection (Statute of Limitations for Grave Breaches) (14 Feb 2011) (Requesting the Trial Chamber to find that the statute of limitations of the 1956 Penal Code bars application of Article 6 of the ECCC's Establishment Law)
- Ieng Sary, TC, Ieng Sary's Rule 89 Preliminary Objection (Rule 89(1)(C)) (14 Feb 2011) (Asking the Trial Chamber to annul its disposition to reject all requests to extend deadlines for trial submissions)
- Ieng Sary, TC, Ieng Sary's List of Proposed Experts and Notification Concerning His Witness and Civil Party Lists (14 Feb 2011)
- Ieng Sary, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
- Ieng Sary, TC, Ieng Sary’s Response to the Co-Prosecutors’ Motion Which Accompanied Their Rule 80 Expert, Witness and Civil Party Lists (8 Feb 2011) (Opposing the OCP’s motion for certain witness examination procedures on several grounds and requesting a hearing to resolve the issues before trial)
- Ieng Sary, TC, Ieng Sary’s Reply to the Co-Prosecutors’ Response to Ieng Sary’s Motion for the Trial Chamber to Conduct the Trial in Case 002 by Following a Proposed Revised Procedure & Request for an Expedited Stay on the Order to File Materials in Preparation for Trial (8 Feb 2011) (Responding to the OCP and requesting a hearing on the issue)
- Ieng Sary, TC, Ieng Sary’s Urgent Expedited Request to File Preliminary Objections in English with the Khmer Translations to Follow (7 Feb 2011)
- Ieng Sary, TC, Ieng Sary's Motion Against the Use of Torture Tainted Evidence at Trial (04 Feb 2001) (Asking the Trial Chamber to rule, as a matter of law, that all torture tainted evidence is inadmissible)
- Ieng Sary, TC, Co-Prosecutors' Observations on Ieng Sary's Motion to Conduct the Trial Through Half-Day Sessions (01 Feb 2011) (Asking the Trial Chamber to reject the request)
- Ieng Sary, TC, Ieng Sary's Reply to the OCP's Response to Ieng Sary's Expedited Request for the Time Period for Preliminary Objections not to Commence Until the Pre-Trial Chamber has Given Reasons for its Decision on Ieng Sary's Appeal Against the Closing Order & Expedited Request for Extension of Time and Page Limit to File Rule 89 Preliminary Objections (31 Jan 2011)
- Ieng Sary, TC, Co-Prosecutors' Response to Ieng Sary's Expedited Request for the Postponement of the Time Period, Extension of the Time and Page Limits Relating to the Rule 89 Preliminary Objections (25 Jan 2011) (Requesting the Trial Chamber to reject the request for the extension of time and page limits for Rule 89 preliminary objections)
- Ieng Sary, TC, Ieng Sary's Motion Requesting Guidelines for Civil Party Participation (24 Jan 2011) (Requesting the Trial Chamber to create guidelines for Civil Party participation in Case 002)
- Ieng Sary, TC, Ieng Sary's Notification to the Trial Chamber's Greffiers to File and Receive all Documents in Khmer and English (24 Jan 2011) (Notifying the Greffiers that Ieng Sary will file and receive all documents in Khmer and English, pursuant to Articles 2.2 and 7.2 of the Practice Direction for Filing Documents before the ECCC)
- Ieng Sary, TC, Ieng Sary's Motion to Conduct the Trial Through Half-Day Sessions (19 Jan 2011) (Requesting the trial be conducted in half-day sessions so that Ieng Sary's health does not prevent him from exercising his right to be present during the proceedings)
Orders, Decisions and Judgments
- Ieng Sary, TC, Decision on Motions for Disqualification of Judge Silvia Cartwright (2 Dec 2011) (Rejecting Ieng Sary's request for an investigation and denying the immediate and permanent disqualification of Judge Cartwright)
- Ieng Sary, TC, Decision on Nuon Chea's Fitness to Stand Trial and Defense Motion for Additional Medical Expertise (15 Nov 2011) (Finding the Accused Nuon Chea is fit to stand trial and dismissing the Defence request for additional expertise)
- Ieng Sary, TC, Decision on Ieng Sary's Rule 89 Preliminary Objections (Ne Bis In Idem and Amnesty and Pardon) (3 Nov 2011) (Dismissing the Defence preliminary objections and declaring the question of the application of the 1996 Royal Decree to national crimes to be moot)
- Ieng Sary, TC, Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement From the Definition of Crimes Against Humanity (26 Oct 2011) (Granting the Co-Prosecutor's request to exclude the armed conflict nexus requirement from the definition of crimes against humanity in Case 002)
- Ieng Sary, TC, Scheduling Order for Opening Statements and Hearing on the Substance in Case 002 (18 Oct 2011) (Scheduling the commencement of opening statements in Case 002 for November 21, 2011 and scheduling the initial segment of the hearing of evidence from November 28-December 16, 2011)
- Ieng Sary, TC, Decision on Co-Prosecutors' Request for Reconsideration of the Terms of the Trial Chamber's Severance Order (E124/2) and Related Motions and Annexes (18 Oct 2011) (Rejecting the Co-Prosecutors' request for reconsideration of its severance order)
- Ieng Sary, TC, Scheduling Order for Hearings of 19 and 20 October 2011 (10 Oct 2011) (Scheduling a hearing on 19 October 2011 to allow the Civil Party Lead Co-Laywers to present their revised reparations specifications and scheduling an additional hearing on 19 October 2011 to permit questioning of the Psychiatric Experts concerning their conclusions regarding Accused Ieng Thirith's fitness to stand trial)
- Ieng Sary, TC, Severance Order Pursuant to Internal Rule 89ter (22 Sept 2011) (Severing Case 002 into multiple trials defined by subject matter, with each trial focusing on distinct portions of the Indictment)
- Ieng Sary, TC, Decision on the Applicability of Joint Criminal Enterprise (12 Sept 2011) (Finding JCE I and JCE II applicable forms of criminal liability under the ECCC's jurisdiction, but finding JCE III inapplicable because it was not part of customary international law between 1975 and 1979)
- Ieng Sary, TC, Decision on Ieng Sary's Request for Release (12 May 2011) (Rejecting the request)
- Ieng Sary, TC, Decision on Ieng Thirith and Ieng Sary's Applications for Disqualification of Judge You Ottara from the Special Bench & Requests for a Special Hearing (9 May 2011) (Denying the applications)
- Ieng Sary, TC, Decision on Ieng Sary's Motion for a Hearing on the Conduct of the Judicial Investigations (8 Apr 2011) (Rejecting the motion and referring defense counsels' conduct to the Defense Support Section for review pursuant to its power to refuse part payment for work claimed where the work carried out is not 'necessary and reasonable').
- Ieng Sary, TC, Trial Chamber Response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71 and E73 Following Trial Management Meeting of 5 April 2011 (8 Apr 2011)
- Ieng Sary, TC, Directions to Parties Concerning Preliminary Objections and Related Issues (5 Apr 2011)
- Ieng Sary, TC, Decision on Ieng Sary's Motions Regarding Judicial Notice of Adjudicated Facts from Case 001 and Facts of Common Knowledge Being Applied in Case 002 (4 Apr 2011) (Rejecting both motions and referring defense counsels' conduct to the Defense Support Section for review pursuant to its power to refuse part payment for work claimed where the work carried out is not 'necessary and reasonable')
- Order to Ieng Sary Defense on Filing of Preliminary Objections (25 Feb 2011) (Directing Ieng Sary's defense to file a single preliminary objections submission of no greater than 35 pages (English) or 50 pages (Khmer) no later than Monday 28 February 2011)
- Ieng Sary, TC, Decision on Ieng Sary's Application to Disqualify Judge Nil Nonn and Related Requests (28 Jan 2011) (Denying the application for dismissal, defense's request for a hearing on the matter, and Co-Prosecutors' request for a time extension to respond to the application)
- Ieng Sary, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
- Ieng Sary, TC, Directive on Access to the Detention Facility and the Case File by Members of Defense Teams (26 Jan 2011) (Clarifying procedures that allow defense teams to access the detention facility and case file)
Supreme Court Chamber
Pleadings
- Co-Prosecutors' Response to Ieng Sary's Appeal Against the Trial Chamber's Decision Requiring the Accused to be Physically Present to Hear Charges and Opening Statements (12 Jan 2012) (Submitting that the Appeal is inadmissible at this stage in the proceedings)
- Ieng Sary's Appeal Against the Trial Chamber's Decision Denying His Right to Waive His Presence in the Courtroom During Trial and Denying His Constitutional Right to Assist in His Own Defence (5 Jan 2012) (Requesting that the Supreme Court Chamber hold that the Trial Chamber erred in compelling Ieng Sary's presence in the courtroom and refusing to allow him to participate in the proceedings)
- Ieng Sary's Appeal Against the Trial Chamber's Decision on Motions for Disqualification of Judge Silvia Cartwright (5 Jan 2012) (Appealing the Trial Chamber's Decision on Motions for Disqualification of Judge Silvia Cartwright because the Trial Chamber mischaracterized and misconstrued Ieng Sary's Request for Investigation and failed to conduct the requested investigation into ex parte meetings between the Judge and the International Co-Prosecutor)
Orders, Decisions and Judgments
- Decision on Ieng Sary's Appeal Against Trial Chamber's Order Requiring His Presence in Court (13 Jan 2012) (Deciding that the Appeal is inadmissible because the substance of the appeal does not fall into the Supreme Court Chamber's limited jurisdiction for immediate appeals)
- Ieng Sary, SC, Annex 2: Comparison Between the 1979 Trial of Ieng Sary and the Introductory Submission (5 Dec 2011) (Comparing the 1979 Trial of Ieng Sary and the Introductory Submission as an accompaniment to the above appeal)
- Ieng Sary, SC, Annex 1: Background (5 Dec 2011) (Providing the background for the above appeal)
- Ieng Sary, SC, Ieng Sary's Appeal Against the Trial Chamber's Decision on Ieng Sary's Rule 89 Preliminary Objections (Ne Bis In Idem and Amnesty and Pardon) (5 Dec 2011) (Appealing the Trial Chamber's Decision on Ieng Sary's Rule 89 preliminary objections and claiming the Trial Chamber erred in law and abused its discretion by deciding that neither the principle of ne bis in idem nor Ieng Sary's Royal Pardon and Amnesty bar Ieng Sary's prosecution)
- Ieng Sary, SC, Ieng Sary's Request for Leave to Reply & Reply to Co-Prosecutors' Response to Ieng Sary's Appeal Against the Trial Chamber Decision to Exclude the Armed Conflict Nexus from the Definition of Crimes Against Humanity (12 Dec 2011) (Requesting leave to reply to the Co-Prosecutors' response to Ieng Sary's Appeal against the Trial Chamber Decision to exclude the armed conflict nexus from the definition of crimes against humanity asserting the OCP errs in stating that the appeal is inadmissible)
- Ieng Sary, SC, Co-Prosecutors' Response to Ieng Sary's Appeal Against the Trial Chamber Decision to Exclude the Armed Conflict Nexus From the Definition of Crimes Against Humanity (2 Dec 2011) (Requesting that the Chamber find the appeal wholly inadmissible and dismiss the request for a public oral hearing)
- Ieng Sary, SC, Annex 4: Letter of Authorization of Ieng Sary to Trial Chamber Judges (25 Nov 2011) (Authorizing the Co-Laywers to file the appeal against the Trial Chamber's Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity)
- Ieng Sary, SC, Annex 3: Commentary on the Armed Conflict Nexus in Crimes Against Humanity (25 Nov 2011) (Providing the text of secondary sources in support of the Armed Conflict Nexus)
- Ieng Sary, SC, Annex 2: Authority on State Practice in Relation to the Development of the Amred Conflict Nexus as Element of Crimes Against Humanity in Customary International Law (1868-Present) (25 Nov 2011) (Providing the text of sources showing the genesis of the armed conflict nexus requirement through a survey of international instruments and national legislation)
- Ieng Sary, SC, Annex 1: Procedural History Leading Up to the Appeal (25 Nov 2011) (Providing the procedural history leading up to the appeal above)
- Ieng Sary, SC, Ieng Sary's Appeal Against the Trial Chamber's Decision on Co-Prosecutors' Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (25 Nov 2011) (Requesting the Supreme Court grant an oral public hearing to address issues raised in the Appeal, declare the appeal admissible, and annul the Impugned Decision excluding the armed conflict nexus requirement from the definition of crimes against humanity to be applied in Case 002)
- Ieng Sary, SC, Amendment of Requirement to File Copies of Authorities (28 Oct 2011) (Exempting the parties in Case 002 from filing copies of authorities that are already in the public domain and easily accessible)
- Ieng Sary, SC, Decision on Two Notices of Appeal Filed by Ieng Sary (8 Apr 2011) (Rejecting the appeals as inadmissible)
- Ieng Sary, SC, Decision on Two Notices of Appeal Filed by Ieng Sary (8 Apr 2011) (Rejecting both notices of appeal as inadmissible)
News
Agence France-Presse
February 3, 2012






