ECCC Co-Prosecutors seek reconsideration of the Severance Order

Last month, the Trial Chamber in the Nuon et al. case ordered the separation of proceedings concerning some charges in the indictment. (see previous post)

About a week ago, the Co-Prosecutors have requested the Chamber to reconsider the Order.

In the Co-Prosecutors’ view, more than one trial against the accused, as foreseen by the Order, is “highly unlikely” having regard, in particular, to the advanced age of the accused (86, 85, 80, and 79 years).

The Co-Prosecutors opine that the Order is not representative of the indictment.
Given the substantial risk that the accused will only stand trial once, the Order has the effect of excluding crimes that represent the core and most serious alleged criminal conduct in the indictment.

Accordingly, the Co-Prosecutors propose an alternative form of severance of the indictment which, in their view, is more representative of the core criminal allegations.

See also - ECCC Trial Chamber rejects Prosecution’s request for reconsideration of the severance Order;- The Chamber of the Cambodian Extraordinary Chambers ordered severance of the proceedings; and

- Prosecution moves for splitting Mladic trial. Milosevic lesson learned?