2011 Webby Honoree
2011 Silver Trumpet Winner - Publicity Club of Chicago
2010 Golden Trumpet Winner - Publicity Club of Chicago
Nuon Chea
Nuon Chea
Office of the Co-Investigating Judges
- Nuon Chea, OCIJ, Additional Capacity Of Civil Party Lawyer Group “Avocats Sans Frontiere France” to Ensure Representation of Unrepresented Civil Parties (30 July 2010)
- Nuon Chea, OCIJ, Forwarding Order (19 July 2010) (Ordering that Case File 2 be forward to the Co-Prosecutors)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, OCIJ, Order On Co-Prosecutors' Request For Investigative Action Regarding Interviews of NUON Chea And The Film "Enemies Of The People", D344/1 (9 April 2010)
- Nuon Chea, OCIJ, Letter of the CIJs To Robert Lemkin Dated 15-02-2010, D344/1.3 (15 February 2010)
- Nuon Chea, OCIJ, Email Of Robert Lemkin Dated 09-02-2010, D344/1.2 (9 February 2010)
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Nuon Chea, OCIJ, Letter of the CIJs To Robert Lemkin Dated 03-02-2010, D344/1.1
(3 February 2010) - Nuon Chea, OCIJ, Response to the Letter of NUON Chea's lawyers on lack of confidence in the Judicial Investigation, D221/1 (27 October 2009)
- Nuon Chea, OCIJ, Def., Letter of NUON Chea's lawyers on lack of confidence in the Judicial Investigation, D221, (15 October 2009)
- Nuon Chea, OCIJ, Order on extension of Provisional Detention of Nuon Chea, C9/6 (15 September 2009)
- Nuon Chea, 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)
- Nuon Chea, OCIJ, Def., Eleventh Request for Investigative Action, D158 (27 March 2009)(requesting that the OCIJ investigate allegations of ongoing corruption at the ECCC)
- Nuon Chea, 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)
- Nuon Chea, OCIJ, Order on Extension of Provisional Detention (16 Sept. 2008)
- Nuon Chea, OCIJ, Order Concerning Translation Rights and Obligations of the Parties (20 June 2008)
- Nuon Chea, OCIJ, Order Refusing a Request for Annulment of Initial Appearance (24 Jan. 2008)
- Nuon Chea, OCIJ, Order of Provisional Detention (19 Sept. 2007)
Pre-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)
- Nuon Chea, 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)
- Nuon Chea, PTC, Pros., Notice of intention to Proceed with Appeal, D3652/11 (23 June 2010)
- Nuon Chea, 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)
- Nuon Chea, PTC, Civil Party, Response on the Appeals by Charged Persons on the OCIJ Order on Request for Investigative Action, D158/5/3/10 (20 May 2009) (supporting defence requests for investigation and release of the UN-OIOS report on corruption)
- Nuon Chea, PTC, Def., Appeal Against OCIJ Order on Request for Investigative Action, D158/5/1/1 (4 May 2009)(appealling OCIJ decision not to investigate allegations of corruption at the ECCC)
- Nuon Chea, PTC, Civil Party, Letter Reminding PTC to Respond to Request for Reconsideration of the Status of the Internal Rules in the Decision on the Appeal Against the Order Refusing Annulment, D55/I/2 (19 Feb. 2009)
- Nuon Chea, PTC, Pros., Response to Appeal on Extension of Provisional Detention, C9/4/2 (22 Jan. 2009)
- Nuon Chea, PTC, Def., Appeal Against Order Extending Provisional Detention, C9/4/1 (16 Oct. 2008)
- Nuon Chea, PTC, Civil Party, Request for Reconsideration of Legal Status of Internal Rules (13 Oct. 2008)(arguing that Internal Rules should be subordinate to Cambodian Criminal Procedure Code)
- Nuon Chea, PTC Pros., Response to Appeal on Separation in Detention (29 July 2008) (Note: Declining to challenge Nuon Chea's appeal on the grounds that precedent from both the Pre-Trial Chamber of the ECCC and other international criminal tribunals indicates that, in most cases, prisoners should not be denied contact with each other)
- Nuon Chea, PTC, Def., Appeal Against Order Concerning Provisional Detention Conditions (16 July 2008) (Note: Challenging the separation of prisoners)
- Nuon Chea, PTC, Def. (with lawyers for Ieng Sary and Ieng Thirith), Joint Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
- Nuon Chea, PTC, Civil Party (joint civil parties), Joint Response to Submissions on the Participation of Civil Parties in Provisional Detention Appeals (6 Mar. 2008)
- Nuon Chea, PTC, Pros., Response to Submissions on Civil Party Participation in Provisional Detention Appeals (6 Mar. 2008)
- Nuon Chea, PTC, Def. (with lawyers for Khieu Samphan, Ieng Sary, and Ieng Thirith), Submissions on Civil-Party Participation in Appeals Related to Provisional Detention (22 Feb. 2008)
- Nuon Chea, PTC, Pros., Submission on Civil Party Participation in Provisional Detention Appeals (22 Feb. 2008)
- Nuon Chea, PTC, Amici- Anne Heindel, Re- Civil Party Participation in Provisional Detention Appeals (22 Feb. 2008)
- Nuon Chea, PTC, Amici- Khmer Institute of Democracy, Re- Civil Party Participation in Provisional Detention Appeals (22 Feb 2008)
- Nuon Chea, PTC, Amici- Redress Trust, International Federation of Human Rights, and Avocats Sans Frontieres, Re- Civil Party Participation (21 Feb. 2008)
- Nuon Chea, PTC, Amici- Dr. Christopher Safferling, Re- Civil Party Participation (20 Feb. 2008)
- Nuon Chea, PTC, Amici: Anne Heindel, Re Civil Party Participation (20 Feb. 2008)
- Nuon Chea, PTC, Amici: Cambodian Human Rights Action Committee, Re Appeal Against Provisional Detention (13 Dec. 2007)
- Nuon Chea, PTC, Def., Appeal Against Order of Provisional Detention (12 Nov. 2007)
Orders, Decisions, and Judgments
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, PTC, Decision on Ieng Thirith's and Nuon Chea's Appeal Against the Closing Order: Reasons for Continuation of Provisional Detention (21 Jan 2011) (Rejecting the appeals and offering reasons for the extension of provisional detention)
- Nuon Chea, PTC, Decision on Urgent Request to Order Resumption of Detention Interviews (19 Jan 2011) (Forwarding the request to the Trial Chamber)
- Nuon Chea, PTC, Decision on Ieng Thirith's and Nuon Chea's Appeals Against the Closing Order (13 Jan 2011) (Rejecting the appeals, but partially granting two requests for changes to the Closing Order, and sending the cases to trial)
- Nuon Chea, 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)
- Nuon Chea, PTC, Decision on civil parties' request for extension of page limit for appeal against order on the admissibility of civil party applicants from current residents of Kampong Speu province (22 September 2010) [only available in Khmer]
- Nuon Chea, PTC, Decision on application for disqualification of Judge You Bunleng (9 September 2010)
- Nuon Chea, PTC, Decision on appeal of Co-lawyers for civil parties against order on civil parties'request for investigative actions concerning all properties owned by the charged persons (4 August 2010)
- Nuon Chea, PTC, Decision on Appeal of Co-Lawyers for Civil Parties against Order Rejecting Request to Interview Persons named in the Forced Marriage and Enforced Disappearance Requests for Investigative Action (21 July 2010)
- Nuon Chea, 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)
- Nuon Chea, PTC, Decision on Nuon Chea's appeal against the Co-Investigating Judges' Order rejecting request for a Second Expert Opinion, D356/2/9 (1 July 2010) (finding the defense appeal inadmissible)
- Nuon Chea, PTC, Decision on Appeal against OCIJ Order on Nuon Chea’s Eighteenth Request for Investigative Action, D273/3/5 (15 June 2010) (denying the defence request for investigative action in interviewing certain persons)
- Nuon Chea, PTC, Decision on Appeal against OCIJ Order Rejecting Request for a Second Expert Opinion, D356/2/8 (10 June 2010) (denying the defence request for a second expert opinion)
- Nuon Chea, PTC, Decision on Nuon Chea's Application for Disqualification of Judge Marcel Lemonde (23 March 2010)
- Nuon Chea, PTC, Decision on Appeal against the Co-Investigating Judges' Order on the Charged Person's Eleventh Request for Investigative Action, D158/5/1/15 (18 August 2009) (finding the Defence appeal inadmissible)
- Nuon Chea, PTC, Decision on Appeal Against Extension of Provisional Detention, C9/4/7 (18 May 2009)(affirming extension of provisional detention)
- Nuon Chea, PTC, Decision on Civil Parties' Request for Reconsideration [of Decision on Appeal Against Order Refusing Request for Annulment dated 26 Aug. 2008], D55/I/13 (25 Feb 2009)(denying the request for reconsideration of the decision that the Internal Rules are the favored over the Cambodian Code of Criminal Procedure in the event the two conflict, because the moving parties have failed to show that the challenged Decision is erroneous or leads to injustice)
- Nuon Chea, PTC, Decision on Appeal Regarding Appointment of an Expert (22 Oct. 2008)(finding that the appeal of the application to the Co-Investigating Judges to appoint an expert to determine fitness for trial was admissible, but denying the need for the expert)
- Nuon Chea, PTC, Decision on Appeal Concerning Provisional Detention Conditions (26 Sept. 2008)(Note: setting aside OCIJ order of 20 May 2008 prohibiting communication between detainees)
- Nuon Chea, PTC, Decision on Appeal Against Order Refusing Request for Annulment (26 Aug. 2008) (Note: Appeal denied)
- Nuon Chea, PTC, Decision on Civil Party Participation in Provisional Detention Appeals (20 Mar. 2008)
- Nuon Chea, PTC, Decision on the Appeal Against the Provisional Detention Order (20 March 2008)
- Nuon Chea, PTC, Public Order On the Co-Lawyer's Urgent Application for Disqualification of Judge Ney Thol Pending the Appeal Against the Provisional Detention Order (4 Feb. 2008)
Trial Chamber
Pleadings
- Document Objections & Further Submissions Pursuant to Rule 92 (5 Jan 2012) (Objecting to the submission of various documents and stating that documents relied upon by the Chamber must be authentic and that the Defence intends to submit more documents to the Chamber)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Next Group of Witnesses and Experts to be Heard in Case 002/01 (15 Dec 2011) (Outlining the order of the proceedings once the Trial Chamber resumes on 10 January 2012)
- Nuon Chea, 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)
- Nuon Chea, 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 required resolution before the hearing of the substance in Case 002)
- Nuon Chea, TC, List of Defence Team Members (9 Dec 2011) (Giving an up-to-date list of all Defence Team Members)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Request for Investigation Pursuant to Rule 35 Regarding Alleged Unauthorized Disclosure of Strictly Confidential Material to External Consultant by Nuon Chea Defence (1 Dec 2011) (Requesting that the Trial Chamber should conduct further investigations to ascertain whether there are sufficient grounds for instigating proceedings before resorting to further punitive measures and stating that the Fitness Decision amounts to an inappropriate attempt to prevent the Defence from carrying its responsibility effectively)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Opening Statement of Son Arun (23 Nov 2011) (Giving the Opening Statement of Son Arun)
- Nuon Chea, TC, Michiel Pestman, Nuon Chea Defence Team Response to Opening Statement by Prosecutor (25 Nov 2011) (Giving a Transcript of Michiel Pestman's response to the Opening Statement)
- Nuon Chea, TC, Request to Place Documents on the Case File (25 Nov 2011) (Requesting to place two documents on the case file)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Recognition of Foreign Co-Laywer Andrew Ianuzzi (24 Nov 2011) (Recognizing Mr. Andrew Ianuzzi as the foreign Co-Lawyer for Nuon Chea for the purposes of the proceedings before the Trial Chamber)
- Nuon Chea, 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)
- Nuon Chea, TC, List of Defence Team Members (22 Nov 2011) (Listing the names of all Defence Team Members)
- Nuon Chea, TC, Notice of Change to Defence Team Members List (22 Nov 2011) (Noting all recent changes to the Defence Teams)
- Nuon Chea, 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).
- Nuon Chea, TC, Urgent Application for Disqualification of Judge Cartwright (21 Nov 2011) (Requesting the disqualification of Judge Silvia Cartwright from the rest of the proceedings in Case 002 due to alleged bias)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Objections, Observations, and Notifications Regarding Various Documents to Be Put Before the Trial Chamber (14 Nov 2011) (Requesting the Trial Chamber only admit documents whose authenticity has been verified, requesting a reasonable mechanism for lodging complaints against admitted documents, and rejecting the proposal that witnesses should be permitted to study their previous statements in advance of providing testimony to the chamber)
- 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.)
- Notice of Change to Defence Team Members List (2 Nov 2011) (Listing the departure of some defence members and the arrival of others)
- List of Defence Team Members (2 Nov 2011) (Listing the defence team members for each of the accused in Case 002)
- 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Response to Co-Prosecutors' Request for Reconsideration of the Severance Order (11 Oct 2011) (Urging the Trial Chamber to stand by the terms of its current Severance Order)
- 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Response to Co-Prosecutors' Request Regarding Nuon Chea's Second Failure to Comply with the Trial Chamber's Orders to Provide Their List of Documents and Exhibits Which They Intend to Put Before the Trial Chamber (15 Aug 2011) (Requesting the Trial Chamber to reject the OCP's motion to preclude Nuon Chea's defense from submitting any documents or exhibits at trial that were not included in defense's pre-trial list of evidence that it intends to introduce at trial, arguing the OCP's request violates the Cambodian Code of Criminal Procedure and Nuon Chea's fundamental due process rights)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Co-Prosecutors' Request Regarding Nuon Chea's Second Failure to Comply with the Trial Chamber's Orders to Provide Their List of Documents and Exhibits Which They Intend to Put Before the Trial Chamber (5 Aug 2011) (Requesting the Trial Chamber to preclude Nuon Chea's defense from submitting evidence at trial that was not included in its pre-trial list of proposed documents and exhibits)
- Nuon Chea, TC, Response to Co-Prosecutors' Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP's motion)
- Nuon Chea, TC, Response to Co-Prosecutors' Request for the Trial Chamber to Exclude the Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity (22 Jul 2011) (Requesting the Trial Chamber to reject the OCP's motion as a violation of international legal principles)
- Nuon Chea, TC, Joint Response of Ieng Sary, Ieng Thirith and Nuon Chea on Co-Prosecutors' Submission on Statute of Limitations for National Crimes (17 June 2011) (Requesting the Trial Chamber to reject the submission)
- Nuon Chea, TC, Co-Prosecutors' Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability (17 June 2011)
- Nuon Chea, 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 June 2011)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Co-Prosecutors' Notification of Legal Issus it Intends to Raise at the Initial Hearing (19 Apr 2011)
- Nuon Chea, TC, Notice of Joinder in Ieng Sary's Initial Submissions Regarding Documents to be Relied Upon at Trial & Additional Submissions Regarding New Evidence (19 Apr 2011)
- Nuon Chea, TC, Co-Prosecutors' Response to Nuon Chea's 'Request to Trial Chamber to Order Resumption of Detention Interviews' (28 Mar 2011) (Requesting the Trial Chamber to reject the request)
- Nuon Chea, TC, Motion in Support of 'Ieng Sary's Motion to Add New Trial Topics to the Trial Schedule' and Request to Add Additional Topics (25 May 2011)
- Nuon Chea, TC, Initial Submissions Regarding Uncontested Facts (25 Mar 2011) (Contesting all facts alleged in the Closing Order)
- Nuon Chea, TC, Reply to Co-Prosecutors' Joint Response to Ieng Thirith, Ieng Sary, and Nuon Chea's Applications for Disqualification of the Judges (2 Mar 2011) (Responding to the Co-Prosecutors and reiterating their request for disqualification of the Trial Chamber Judges for the appearance of bias)
- Nuon Chea, TC, Notice of Appeal of TC's Decision on the Urgent Application for the Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (1 Mar 2011)
- Nuon Chea, 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)
- Nuon Chea, TC, Consolidated Preliminary Objections (25 Feb 2011) (Offering their preliminary objections and requesting the immediate release of Nuon Chea and the termination of his prosecution)
- Nuon Chea, TC, Urgent Application for Disqualification of the Trial Chamber Judges (24 Feb 2011) (Requesting disqualification of the Trial Chamber Judges and requesting a special panel be convened to determine the application)
- Nuon Chea, TC, Summaries of Proposed Witnesses, Experts and Civil Parties (23 Feb 2011)
- Nuon Chea, 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)
- Nuon Chea, TC, Co-Prosecutors' Rule 80 Witness, Civil Party and Expert Summaries (23 Feb 2011)
- Nuon Chea, TC, Reply to Co-Prosecutors' Response to Nuon Chea's Urgent Application for Appointment of a Fitness Expert (21 Feb 2011) (Emphasizing that defense has stated adequate basis for the appointment of a fitness expert and requesting that one be appointed to examine Nuon Chea)
- Nuon Chea, TC, Preliminary Objection Concerning the Legality of the Internal Rules and Effect of Trial Chamber's Order of 17 January 2011 (11 Feb 2011) (Asking the Trial Chamber to declare the Internal Rules null and void on constitutional grounds)
- Nuon Chea, TC, Urgent Request for Additional Time to File Reply to Co-Prosecutors’ Response to Nuon Chea’s Urgent Application for Appointment of a Fitness Expert (10 Feb 2011) (Asking for an extension to file their reply until 21 February 2011)
- Nuon Chea, TC, Co-Prosecutors’ Request for Clarification on Procedure for Response to Preliminary Objections (9 Feb 2011) (Requesting clarification on Rule 89(2) procedures)
- Nuon Chea, TC, Urgent Application for Appointment of Fitness Expert (02 Feb 2011) (Requesting the Trial Chamber to appoint an expert to evaluate Nuon Chea's fitness to stand trial)
- Nuon Chea, TC, Co-Prosecutors' Observations on Ieng Thirith's and Nuon Chea's Urgent Defense Request to Determine Deadlines (25 Jan 2011) (Requesting the Trial Chamber to reject Ieng Thirith's and Nuon Chea's requests to adjust the commencement date of time limits imposed by Rules 80 and 89)
- Nuon Chea, TC, Urgent Application for Immediate Release of Nuon Chea (18 Jan 2011) (Requesting release on multiple procedural grounds)
- Nuon Chea, TC, Urgent Defense Request to Determine Deadlines (14 Jan 2011) (Requesting the Trial Chamber to clarify the deadlines imposed by Internal Rules 80 and 89)
Orders, Decisions, and Judgments
- Nuon Chea, TC, Decision on Nuon Chea Defence Request for Internal Rule 35 Investigation Following Unauthorized Disclosure of Confidential Documents (20 Dec 2011) (Ordering the external medical consultant who provided a report the defense (Dr. Bursztajn) to inform the chamber of how he came into possession of confidential documents, whether he still has possession of those documents and to clarify whether any information in those documents has been communicated to third parties)
- Nuon Chea, TC, Decision on Motions for Disqualification of Judge Silvia Cartwright (2 Dec 2011) (Rejecting Ieng Sary's request for an investigation and denyng the immediate and permanent disqualification of Judge Cartwright)
- Nuon Chea, 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)
- Trial Chamber Response to Nuon Chea's Request to Temporarily Stay the Proceedings in Case 002 (E131/2) (2 Nov 2011) (Denying the motion and holding there is no basis to grant a temporary stay of the proceedings)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, 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)
- Nuon Chea, TC, Decision on Nuon Chea's Preliminary Objection Alleging the Unconstitutional Character of the ECCC Internal Rules (8 Aug 2011) (Rejecting defense's objections as inadmissible and meritless)
- Nuon Chea, TC, Decision on Nuon Chea's Request to Trial Chamber to Order Resumption of Detention Interviews (11 May 2011) (Denying the request)
- Nuon Chea, TC, Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan and Ieng Thirith (16 Feb 2011) (Rejecting the applications)
- Nuon Chea, TC, Consolidated Scheduling Order (27 Jan 2011) (Consolidating the hearings for all defense appeals of the Closing Order)
- Nuon Chea, 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
- 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)
- Nuon Chea, SC, Reply to Co-Prosecutors' Response to Nuon Chea's Appeal Against the Decision on the Urgent Application for Immediate Release of Nuon Chea, Khieu Samphan, and Ieng Thirith (4 Apr 2011) (Requesting the Supreme Court Chamber to annul the decision and order the immediate release of Nuon Chea)
- Nuon Chea, SC, Appeal Against Decision on the Urgent Applications for Immediate Release of Nuon Chea, Khieu Samphan, and Ieng Thirith (3 Mar 2011) (Requesting the Supreme Court Chamber to annul the decision and order the immediate release of Nuon Chea)
- Nuon Chea, SC, Pros., Co-Prosecutors' response to the DSS request to submit an amicus curiae brief to the Supreme Court Chamber (23 September 2010)
Orders, Decisions, and Judgments
News
Agence France-Presse
February 3, 2012






