The Court Report

SEPTEMBER 2012

The Extraordinary Chambers in the Courts of Moving Forward Through Justice

Kaing Guek Eav sentenced to life in prison Special Edition Special

Ieng Thirith, minister of social affairs under the regime, is released from provisional detention. Ieng Thirith Released from Provisional Detention

Former Khmer Rouge minister Ieng Thirith was Prosecutors, the Supreme Court Chamber ordered released on 16 September from the detention that she undergo additional treatment recom- facility of the Extraordinary Chambers in the Courts mended by medical experts and that her condition of Cambodia under conditions, following a ruling be reassessed within six months. On 13 Septem- by the President of the ECCC’s Supreme Court ber, the chamber reaffirmed its earlier ruling that Case 002: Release of Ieng Thirith Ieng of Release 002: Case Chamber. Her release is an interim measure while Ieng Thirith is unfit to stand trial due to her de- In this issue the Supreme Court Chamber considers the merits mentia, most likely Alzheimer’s disease. In view of of an appeal lodged by the Co-Prosecutors against her mental state, which rendered her incapable of the Trial Chamber’s decision to release Ieng Thirith understanding or complying with conditions, the FAQs on her unconditionally. Trial Chamber ordered that she be released with 2 release Three days earlier, on 13 September, the Trial no coercive conditions. However, it acceded to Chamber delivered its decision reassessing the some of the Co-Prosecutors’ requests by per- 4 Overview of proceedings fitness to stand trial of the accused. In November mitting certain administrative measures to accom- 2011, the Trial Chamber had found Ieng Thirith pany her release. unfit to stand trial. Following an appeal by the Co- Prior to reaching its decision, the Trial Chamber

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The Court Report: Special Edition Frequently Asked Questions: Release of Accused Ieng Thirith

On 16 September 2012, accused Ieng Thirith mons by the court. In addition, she is remind- was released from provisional detention in ed not to interfere with the administration of compliance with a court order. Below are justice. answers to frequently asked questions on her release and fitness to stand trial. Q. Does this mean Ieng Thirith is found not guilty on the charges brought against her? Q. Why was Ieng Thirith released from de- No, neither the Trial Chamber nor the Su- tention? preme Court Chamber has determined the On 13 September 2012, the Trial Chamber guilt or innocence of Ieng Thirith with regards affirmed that Ieng Thirith remained unfit to to the charges of crimes against humanity, stand trial because she suffered from moder- grave breaches of the 1949 Geneva Conven- ate to severe dementia, likely Alzheimer’s tions and for which she has been disease. As there was no longer any prospect indicted. While trial proceedings against Ieng that she could be tried before the ECCC, the Thirith have been stayed since November Trial Chamber lacked a legal basis to keep her 2011 when she was initially found unfit to in detention, and therefore ordered her im- stand trial, the charges against her are not mediate unconditional release. This followed withdrawn. She remains an accused person an earlier decision of 16 November 2011 before the ECCC. where the Trial Chamber had also found Ieng Thirith unfit to stand trial and followed the Q. How can she be released if she is still imposition of further medical treatment or- Accused Ieng Thirith’s fitness to stand trial has been charged? evaluated by the Extraordinary Chambers in the dered by the Supreme Court Chamber follow- Courts of Cambodia. In its ruling on the reassessment of Ieng ing a prosecution appeal of the Trial Cham- Thirith’s fitness to stand trial, the Trial Cham- ber’s November 2011 decision. ber found that there is no reasonable possi- her passport and identity card and make her- bility that Ieng Thirith will recover her cogni- The Trial Chamber concluded that due to her self available for a weekly security check. tive functions in order for her to become fit long-term and short-term memory loss, Ieng They appealed the Trial Chamber’s decision to to stand trial in the foreseeable future. The Thirith would be unable to understand suffi- release her without conditions, and requested continued detention of Ieng Thirith would ciently the course of proceedings to enable the President of the Supreme Court Chamber violate her fundamental rights, notably the her to adequately instruct her defence law- to stay the release order. protection against indefinite detention in yers and to effectively participate in her own The President of the Supreme Court Chamber national and international law. defence. The Trial Chamber also noted that due to Ieng Thirith’s medical condition, it on 16 September 2012 found it unnecessary Neither the Prosecution nor the Defence has appeared unlikely that she would be able to to keep the accused detained while the ap- contested the Trial Chamber’s decision to peal is pending, and decided to release her on testify at trial. release Ieng Thirith. Only the Trial Chamber’s the following provisional conditions: Ieng powers to impose conditions surrounding her Although the Co-Prosecutors agreed with the Thirith must (1) provide her residing address release are contested on appeal. Trial Chamber that Ieng Thirith should be to the chamber and seek authorization before released, they sought to impose conditions on moving; (2) surrender her passport and re- Q. Does Ieng Thirith’s release affect the on- her release such as requiring her to surrender main in Cambodia; (3) respond to any sum- going trial of the three other co-accused in

Ieng Thirith’s Release (continued from page 1) heard in late August court-appointed medical unfit to stand trial but the Prosecution re- that in consequence of there being no pro- experts who testified that Ieng Thirith’s condi- quested that several conditions be imposed spect of the accused ever being tried, the tion had deteriorated further despite the upon her release. Trial Chamber also lacked jurisdiction to additional treatment ordered in consequence Having considered the medical experts’ impose coercive measures for her release. In of the Supreme Court Chamber’s decision, conclusions and legal arguments from all par- response to measures sought by the Co- that treatment options had been exhausted ties, the Trial Chamber affirmed its previous Prosecutors, the chamber nonetheless re- and that there is no reasonable prospect of finding that Ieng Thirith is unfit to stand trial. quested that she remain within Cambodia the accused’s mental state improving such The chamber ordered her immediate release and to inform the court of her address of that she could instruct her lawyers and partic- as in consequence of the indefinite stay of residence. ipate in her defense. Neither the Prosecution proceedings against the accused, there was On the following day, the prosecution nor the Defence disputed that Ieng Thirith is no legal basis to further detain her. Noting appealed the Trial Chamber’s decision, argu- The Court Report: Special Edition 2 2 Frequently Asked Questions on Ieng Thirith’s Release (continued from page 2)

Case 002, namely , Khieu Sam- that the ECCC was obliged to exhaust all course and consequences of the proceed- phan and her husband ? measures available to help improve Ieng ings, evidential details, the ability to instruct No, Ieng Thirith was separated from Case 002 Thirith’s mental health such that she may his or her lawyers, and the capacity to testi- in November 2011 and the trial proceedings become fit to stand trial. The Supreme Court fy. against her have been stayed since that date. Chamber directed the Trial Chamber to iden- A decision on fitness to stand trial is a judicial Trial proceedings against the remaining three tify, in consultation with the experts, addi- decision. The judges make a decision after co-accused continue. tional medical treatment for Ieng Thirith and considering the findings from medical ex- to re-assess her condition within six months perts and relevant legal issues. Q. How did the ECCC determine Ieng Thirith’s of the start of the medical treatment. fitness to stand trial? Following the completion of medical treat- Q. What does the prosecution’s appeal en- The assessment of Ieng Thirith’s fitness to ment implemented in consequence of the tail? stand trial before the Trial Chamber began in SCC’s decision, the Trial Chamber re- On 14 September 2012, the prosecution April 2011 following a motion submitted by appointed three of the five medical experts to appealed the Trial Chamber’s decision, argu- her defence team alleging that she was unfit examine Ieng Thirith on 27-28 August 2012. ing that the Trial Chamber has jurisdiction to to stand trial. Ieng Thirith’s counsel indicated Following various examinations, tests and impose coercive measures on Ieng Thirith’s that they experienced difficulties receiving interviews of the accused and her carers, the release, and requested the Supreme Court instructions from the Accused as to how she experts – Dr. John Campbell of New Zealand, Chamber to amend the Trial Chamber’s deci- wished them to conduct her defence. The Dr. Seena Fazel of United Kingdom and Dr. sion and require the accused to comply with Trial Chamber then appointed five medical Huot Lina of Cambodia – testified during the specific conditions. experts to examine the accused’s mental and hearings on 30-31 August 2012 that Ieng physical fitness and held public hearings to The prosecution has proposed the following Thirith’s mental state had deteriorated de- examine the findings of the medical experts in six conditions for release: that Ieng Thirith spite the additional treatment and that she August and October 2011. The court- (1) resides at a specified home address; (2) suffered from “moderate to severe” demen- appointed medical experts testified at that be available for a weekly safety check by tia that is permanent and irreversible. There time that she was suffering from “mild to authorities and officials; (3) surrenders her are no additional medical treatments that moderate” dementia, likely Alzheimer’s dis- passport and identification card; (4) refrains may help improve Ieng Thirith’s mental condi- ease. from contacting the other co-accused tion such that she would become fit to stand (except her husband, Ieng Sary); (5) refrains The Chamber then evaluated the medical trial. from contacting any witness or expert sched- information provided by the experts in the On 13 September 2012, the Trial Chamber uled to testify before the Chamber; (6) and light of several criteria contained in the inter- reaffirmed that Ieng Thirith remains unfit to undergoes medical examinations once every national jurisprudence concerning fitness to stand trial and ordered that she be released six months. stand trial. In a first decision issued on 17 without coercive conditions. The prosecution November 2011, the Trial Chamber unani- appealed this decision, arguing her release Q. What is the next step? mously found Ieng Thirith unfit to stand trial should be subject to conditions. The Supreme Court Chamber will rule on the in light of these criteria, severed the proceed- ings against her from the other co-accused’s prosecution’s appeal within three months of Q. What does fitness to stand trial mean? in Case 002 and stayed the proceedings the Co-Prosecutors’ filing of the notification Fitness to stand trial is based on a general against her, and ordered her unconditional of appeal. principle that an accused person can only be release. tried if he/she has sufficient mental and phys-

In its decision following an appeal of the deci- ical capacity to exercise his or her rights dur- sion to release the Accused, the Supreme ing trial. These rights include the capacity to (Edited by The Trial Chamber’s senior legal officer) Court Chamber ruled on 13 December 2011 understand the nature of the charges, the

Ieng Thirith’s Release (continued from page 2) ing that conditions should be imposed on ruling requires Ieng Thirith to inform the remains an accused person charged with Ieng Thirith’s release in the form of judicial chamber of her address of residence, surren- crimes against humanity, grave breaches of supervision and requested the President of der her passport and travel documents, re- the 1949 Geneva Conventions and genocide. the Supreme Court Chamber not to release main inside Cambodia, and respond to any The three other co-accused, Nuon Chea, Ieng her until the appeal is resolved. summons issued by the court. Sary and , are currently being On 16 September, President Kong Srim Following the President’s ruling, Ieng tried for these charges by the Trial Chamber. found that it is unnecessary to keep Ieng Thirith was released to her family after nearly The Supreme Court Chamber is expected Thirith detained while his Chamber deter- five years in detention. She is now under the to issue a decision on the prosecution’s ap- mines the prosecution’s appeal, but ruled care of her daughter who has been appoint- peal within three months. that conditions must be imposed on her ed as her guardian by the Mu- release pending the appeal decision. His nicipal Court. Despite her release, Ieng Thirith (Edited by The Trial Chamber’s senior legal officer) The Court Report: Special Edition 2 3 Overview of Proceedings Against Ieng Thirith in Case 002 TIMELINE Name: IENG Thirith Investigation into crimes committed by Ieng Thirith, along with Alias: Phea Nuon Chea, Ieng Sary, Khieu Samphan and Kaing Guek Eav Date of Birth: 10 March 18 July 2007 alias Duch, is initiated by the Co-Prosecution’s first Introducto- ry Submission. Later, the Co-Investigating Judges separate the 1932 five accused into two cases with Duch in Case 001 and the Place of Birth: Phnom other four accused in Case 002. Penh Position in Democratic 12 Nov 2007 Ieng Thirith is arrested and placed in pre-trial detention. Kampuchea: Minister of Ieng Thirith, along with the three other accused, is indicted for Social Affairs crimes against humanity, genocide, grave breaches of the 15 Sep 2010 Date of Arrest: 12 No- Geneva Conventions of 1949, and offences under the 1956 vember 2007 Penal Code of Cambodia (homicide, torture and religious per- secution) in the Co-Investigating Judges’Closing Order. Personal Background: The Pre-Trial Chamber confirms the indictments of the four Ieng Thirith graduated from the Lycée Sisowath in 13 Jan 2011 accused with minor amendments, in response to appeals Phnom Penh, before she went to study in Paris, where against the closing order filed by the defence teams. she majored in Shakespeare studies at the Sorbonne. 27-30 Jun The Trial Chamber holds an Initial Hearing in Case 002 to con- She became the first Cambodian to receive a degree in 2011 sider preliminary objections and witnesses, effectively opening English Literature. Returning to Cambodia in 1957, she the long-awaited trial. worked as a professor before founding a private English 29-31 Aug The Trial Chamber holds preliminary hearing on the fitness to school in 1960. 2011 stand trial of Ieng Thirith and her co-accused Nuon Chea. On 9 October 1975, Ieng Thirith was allegedly appointed The Trial Chamber rules out charges under the 1956 Cambodi- minister of social affairs of . It is 22 Sep 2011 an penal code from the indictment and severs the case into a alleged that she remained with the Khmer Rouge move- series of separate trials. ment until her husband Ieng Sary was granted a royal The Trial Chamber finds Ieng Thirith unfit to stand trial, stays amnesty and pardon in 1996. Thereafter, they lived to- 17 Nov 2011 the proceedings against her, severs her from Case 002 and gether in Phnom Penh until being placed in pre-trial orders her release. Prosecutors file an appeal against the ac- cused’s immediate release the following day. detention by the ECCC in November 2007.

21-23 Nov The Trial Chamber hears Opening Statements in Case 002 from Co-Prosecutors and responses by the accused and their Key Allegations 2011 lawyers, except Ieng Thirith. Ieng Thirith is charged with: The Supreme Court Chamber sets aside the Trial Chamber  Crimes against humanity: murder, extermination, 13 Dec 2011 decision to immediately release Ieng Thirith. It orders the accused to remain detained and undergo medical treatment; enslavement, deportation, imprisonment, torture, her fitness is to be reassessed in six months’ time. persecution and other inhumane acts  Genocide: of the Vietnamese community 30-31 Aug Medical experts testify before the Trial Chamber that Ieng 2012 Thirith suffers from moderate to severe dementia.  Grave breaches of the Geneva Conventions of 1949: willful killing, torture or inhumane treatment, willful- Trial Chamber rules that Ieng Thirith remains unfit to stand 13 Sep 2012 ly causing great suffering or serious injury to body or trial and orders her immediate and unconditional release. health, willfully depriving a prisoner of war or civilian the rights of fair and regular trial, unlawful deporta- The prosecution appeals the Trial Chamber’s decision and 14 Sep 2012 requests the Supreme Court Chamber reexamine the release tion or unlawful confinement of a civilian

order and impose conditions. Although she was found unfit to stand trial and the pro- Ieng Thirith is released from provisional detention in compli- ceedings against her have been indefinitely stayed, she 16 Sep 2012 ance with a court order. The Supreme Court Chamber will issue remains an accused person charged with the above a ruling on the prosecution’s appeal within three months. allegations.

The Court Report Special Edition

Publisher: DIM Sovannarom, Chief of Public Affairs Section Editorial team: Yuko MAEDA, Public Affairs Officer; Kalyan SANN, Writer; Gabrielle HUBLER, Consultant; Isabel RUTHERFURD, Intern; Sarah COLLMAN, Intern; Legal Advisor: Lars OLSEN, Legal Communications Officer Photographer: NHET Sok Heng, TV/Radio Officer

The Court Report Special Edition is produced by the Public Affairs Section for public information purposes only. It is notan official court document.

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