Translate

29 June 2010

Cambodia Tribunal: impartiality of expert

In the Nuon et al. case (ECCC), the Defence questioned the impartiality of an expert in their motion before the Co-Investigating judges.
In particular, the Defence referred to the fact that the expert worked in the same office where two senior members of the Office of the Co-Prosecutors of the ECCC previously worked.

In their decision, the judges had noted that, according to the ECCC Rules, requirements of impartiality do apply to any expert engaged by the investigating judges. However, according to the judges, the above fact does not constitute a sufficient reason to conclude that the expert is not able to be impartial in the proceedings before the ECCC.

Recently, in the Decision of 28 June, the Pre-Trial Chamber denied the Defence appeal and upheld the decision of the Co-Investigating Judges.

Nuon et al., Decision on Ieng Sary's Appeal against the Co-Investigating Judges' Order Denying his Request for Appointment of an Additional Expert to Re-Examine the Subject Matter of the Expert Report Submitted by Ms. Ewa Tabeau and Mr. They Kheam, Case No. 002-ECCC, PTC, 28 June 2010.

Recent posts