The Office of Co-Prosecutors has forwarded the Introductory Submission of Cases 003/004 to the Office of Co-Investigating Judges (after ruling by Pre-Trial Chamber over conflict between national and international co-prosecutors).  The Cases are now under investigation by the OCIJ, but unfortunately only by the UN personnel and even then very tepidly due to political interference and international fatigue.

Civil party applicant Theary Seng after the press conference (Phnom Penh, 4 April 2011)

Theary Seng's Letter to the Editor re UN Lars Olsen's statements

Internal Rules, ECCC, 23 Feb. 2011 (Rev. 7)

Provisions relevant for Case 003/004

Preamble

NOW THEREFORE the ECCC have adopted the following Internal Rules, the purpose of which is to consolidate applicable Cambodian procedure for proceedings before the ECCC [simply, the ECCC, as part of the agreement between the RGC and the UN, uses the Cambodian Code of Criminal Procedure of the national court system which permits a victim to file a civil party application at the very inception of the legal process; many times, it’s the victims who start the legal criminal proceeding by filing against the alleged perpetrator] and, pursuant to Articles 20 new, 23 new, and 33 new of the ECCC Law and Article 12(1) of the Agreement, to adopt additional rules where these existing procedures do not deal with a particular matter, or if there is uncertainty regarding their interpretation or application, or if there is a question regarding their consistency with international standards.

Rule 23. General Principles of Victims Participation as Civil Parties

1. The purpose of Civil Party action before the ECCC is to:

a) Participate in criminal proceedings against those responsible for crimes within the jurisdiction of the ECCC by supporting the prosecution; and

b) Seek collective and moral reparations, as provided in Rule 23 quinquies.

Rule 23 bis. Application and admission of Civil Parties

1. In order for Civil Party action to be admissible, the Civil Party applicant shall:

b) demonstrate as a direct consequence of at least one of the crimes alleged against the Charged Person, that he or she has in fact suffered physical, material or psychological injury upon which a claim of collective and moral reparation might be based. When considering the admissibility of the Civil Party application, the Co-Investigating Judges shall be satisfied that facts alleged in support of the application are more likely than not to be true.

2. A Victim who wishes to be joined as a Civil Party shall submit such application in writing no later than fifteen (15) days [a deadline, not when a civil party can file] after the Co-Investigating Judges notify the parties of the conclusion of the judicial investigation pursuant to IR 66(1). Subject to the provisions in these IRs relating to the protection of Victims, the Co-Investigating Judges must notify the Co-Prosecutors and the Charged Person [defined in the Glossary of the ECCC Internal Rules as "Charged Person” (personne mise en examen) - "refers to any person who is subject to prosecution in a particular case, during the period between the Introductory Submission and Indictment or dismissal of the case" the period Cases 003/004 are in now]. The Co-Investigating Judges may reject Civil Party applications at any time until the date of the Closing Order. Such orders shall be open to expedited appeal to the Pre-Trial Chamber by the Civil Party applicant as prescribed by Practice Direction. Such appeals shall not stay the proceedings. Unless and until rejected, Civil Party applicants may exercise Civil Party rights.

[...]

4. All Civil Party applications must contain sufficient information to allow verification of their compliance with these IRs. In particular, the application must provide details of the status as a Victim, specify the alleged crime and attach any evidence of the injury suffered, or tending to show the guilt of the alleged perpetrator...

C – Judicial Investigations Rule 55. General Provisions Concerning Investigations

1. A judicial investigation is compulsory for crimes within the jurisdiction of the ECCC.

2. The Co-Investigating Judges shall only investigate the facts set out in an Introductory Submission or a Supplementary Submission.

[...]

6. The Greffier of the Co-Investigating Judges shall keep a case file, including a written record of the investigation. At all times, the Co-Prosecutors and the lawyers for the other parties shall have the right to examine and make copies of the case file under the supervision of the Greffier of the Co-Investigating Judges, during working days and subject to the requirements of the proper functioning of the ECCC.

[...]

10. At any time during an investigation, the Co-Prosecutors, a Charged Person or a Civil Party may request the Co-Investigating Judges to make such orders or undertake such investigative action as they consider useful for the conduct of the investigation...

Rule 66. Notification of Conclusion of Judicial Investigation

1. Where the Co-Investigating Judges consider that an investigation has been concluded, they shall notify all the parties and their lawyers. This decision shall be made public. The parties shall have 15 (fifteen) days to request further investigative action. They may waive such period.

Rule 35. Interference with the Administration of Justice

1. The ECCC may sanction or refer to the appropriate authorities, any person who knowingly and wilfully interferes with the administration of justice, including any person who:

a) discloses confidential information in violation of an order of the Co-Investigating Judges or the Chambers;

b) without just excuse, fails to comply with an order to attend, or produce documents or other evidence before the Co-Investigating Judges or the Chambers;

c) destroys or otherwise tampers in any way with any documents, exhibits or other evidence in a case before the ECCC;

d) threatens, intimidates, causes any injury or offers a bribe to, or otherwise interferes with a witness, or potential witness, who is giving, has given, or may give evidence in proceedings before the Co-Investigating Judges or a Chamber;

e) threatens, intimidates, offers a bribe to, or otherwise seeks to coerce any other person, with the intention of preventing that other person from complying with an order of the Co-Investigating Judges or the Chambers;

f) knowingly assists a Charged Person or Accused to evade the jurisdiction of the ECCC; or

g) incites or attempts to commit any of the acts set out above.

. . . . .

Theary Seng's Letter to the Editor re UN Lars Olsen's statements

VOA: Complainant Raises Names of More Defendants, 4 April 2011

Theary Seng's Letter to the Editor re UN Lars Olsen's statements

Letter to the Editor re Reach Sambath's statements

Theary C. SENG (Photo:  Radio Free Asia)

Victim(s) Sue 2 Former KR Military Commanders

(Radio Free Asia, 7 April 2011)

The Phnom Penh Post (Khmer), Friday, 8 April 2011