ECCC rejects appeal from Democratic Kampuchea leaders

The Extraordinary Chamber in the courts of Cambodia on April 30 opened the public hearing on appeal complaints from the former top leaders of Democratic Kampuchea including Ieng Sary, Khieu Samphan and Ieng Thirith against three orders extending the periods of their respective provisional detention. But at the last the court decided to uphold the custody process like before even the charged persons asked for release on bail.

Prak Kim San, president of pre-trial chamber of ECCC said: the court decided to uphold the continuing of the detention periods for three charged person. “The continuing of detention of charged persons are necessary measures of the court to guarantee their presence in front of court and safeguard the safety of the witness and keep evidence for the court process,” He said. Anyway, the charged person involved with serious crimes like crime against humanity, war crimes, and genocide,” he added.

Their cases, called case 002 including Nuon Chea, president of the national assembly during Democratic Kampuchea in 1975-1979 which charged of death of over 1.7 million people will be opened to fully hear in 2011, and verdict of Duch, head of S-21 prison will released some time this year.

“In three decisions rendered on 30 April 2010, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) dismissed appeals lodged by the charged persons Ieng Sary, Khieu Samphan and Ieng Thirith against three orders extending the periods of their respective provisional detention, the statement from the ECCC said and it was read out by Prak Kim San.

It added that Ieng Sary, who held the position of Minister of Foreign Affairs during the Democratic Kampuchea regime, is charged with genocide, crimes against humanity and war crimes; and murder, torture and religious persecution under the 1956 Cambodian Penal Code, the case is still under investigation. He was arrested on 12 November 2007 and was initially placed in Provisional Detention for one year.

The period of Provisional Detention has subsequently been extended twice, by orders from the Co-Investigating Judges issued on 10 November 2008 and 10 November 2009 respectively. It continued that in its decision dismissing the Appeal against the extension of the Provisional Detention, the Pre-Trial Chamber found that Provisional Detention still remains a necessary measure to prevent the Charged Person from fleeing. Furthermore, the Pre-Trial Chamber deemed Provisional Detention necessary in order to protect the security of the Charged Person and to preserve public order. The dismissal of the Appeal means that Ieng Sary may be held in Provisional Detention until 12 November 2010, unless a Closing Order is issued by the Co-Investigating Judges prior to this date.

It added that Khieu Samphan, who held the position of Head of State (Chairman of the State Presidium) during the Democratic Kampuchea regime, is charged with genocide, crimes against humanity and war crimes; and murder, torture and religious persecution under the 1956 Cambodian Penal Code, the case is still under investigation. He was arrested on 19 November 2007 and initially placed in Provisional Detention for one year. The period of Provisional Detention has subsequently been extended twice, by orders from the Co-Investigating Judges issued on 18 November 2008 and 18 November 2009 respectively.

The dismissal of the Appeal means that Khieu Samphan may be held in Provisional Detention until 19 November 2010, unless a closing Order is issued by the Co-Investigating Judges prior to this date.


In its Decision dismissing the Appeal, the Pre-Trial Chamber found that Provisional Detention still remains a necessary measure to protect the security of the Charged Person and to preserve public order.

It went that Ieng Thirith, who held the position of Minister of Social Action during the Democratic Kampuchea regime, is charged with genocide, crimes against humanity and war crimes; and murder, torture and religious persecution under the 1956 Cambodian Penal Code, the case is still under investigation. She was arrested on 12 November 2007 and initially placed in Provisional Detention for one year. The period of Provisional Detention has subsequently been extended twice, by orders from the Co-Investigating Judges issued on 10 November 2008 and 10 November 2009 respectively.

The dismissal of the Appeal means that Ieng Thirith may be held in Provisional Detention until 12 November 2010, unless a closing order is issued by the Co-Investigating Judges prior to this date. “In its Decision dismissing the Appeal against the extension of the Provisional Detention, the Pre-Trial Chamber found that Provisional Detention still remains a necessary measure to prevent the Charged Person from exerting pressure on witnesses or destroying evidence. Furthermore, the Pre-Trial Chamber deemed detention necessary in order to prevent the Charged Person from fleeing and to preserve public order,” the statement noted. ##