Translate

28 September 2011

The Chamber of the Cambodian Extraordinary Chambers ordered severance of the proceedings

In February 2011, the ECCC adopted new Rule 89 ter, which allows the Trial Chamber to severe the proceedings.
In particular, pursuant to the Rule, the Trial Chamber may order the separation of proceedings concerning part or the entirety of the charges contained in an indictment. The cases as separated shall be tried and adjudicated in such order as the Trial Chamber deems appropriate.

Last week, in accordance with this Rule, the Trial Chamber in the Nuon et al. case ordered the separation of proceedings concerning some charges and relevant factual allegations described in the indictment.

The Chamber ordered that the number of witnesses to be called by the Chamber will be limited to those whose proposed testimony is required for the first trial.

It was emphasised that the separation of proceedings would enable the Chamber to issue a verdict following a shortened trial, safeguarding the fundamental interest of victims in achieving meaningful and timely justice, and the right of the accused to an expeditious trial.

Nuon et al., Severance Order pursuant to Internal Rule 89 ter, Case No. 002-ECCC, T. Ch., 22 September 2011.

See also Prosecution moves for splitting Mladic trial. Milosevic lesson learned?


Recent posts