Extraordinary Chambers in the Courts of Cambodia ( English Extraordinary Chambers in the Courts of Cambodia , French Chambres extraordinaires au sein des tribunaux cambodgiens , Khmer. Democratic Kampuchea ; abbreviated as NPCC ; also known as the Khmer Rouge Process ), a specialized body created as a result of an agreement between the Government of Cambodia and the United Nations for criminal prosecution Oia of Khmer Rouge leaders .
| Extraordinary Chambers in the Courts of Cambodia | |
|---|---|
| English Extraordinary Chambers in the Courts of Cambodia fr. Chambres extraordinaires au sein des tribunaux cambodgiens Khmer. អង្គ ជំនុំជម្រះ វិសាមញ្ញ ក្នុង តុលាការ កម្ពុជា | |
 emblem of the Extraordinary Chambers | |
| View | mixed criminal court (international national) |
| Instance | higher court |
| Jurisdiction |  Cambodia |
| Established | 2003 year |
| Office languages | English , French , Khmer |
| Composition | international judges are appointed by the Supreme Council of Magistracy of Cambodia on the proposal of the UN Secretary General , local judges are appointed by the Supreme Council of Magistracy on their own |
| Authorized by | • UNGA Resolution 57/228; • Agreement between the UN and the Royal Government of Cambodia dated 06.06.2003; • The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia of 10.27.2004 |
| Life time | until the end of the court |
| Of members | 17 permanent and 6 standby |
| Guide | |
| Chairs | Kong Dream Neil Nonn Prax kimsan |
| Conference hall | |
 | |
| Main building of the Extraordinary Chambers in Phnom Penh | |
| Location | Phnom penh |
| Address | National Road 4, Chaom Chau Commune, Porsenchey District, Phnom Penh, Cambodia |
| Site | |
| http://www.eccc.gov.kh/en (English) | |
The EJCC is a mixed (hybrid) criminal court since it was created jointly by the Royal Government of Cambodia and the United Nations, but formally remains independent of them. The meetings of the Tribunal, in accordance with the mandate, are held in Cambodia with the participation of both local and international judges, which are necessary, first of all, in order to correctly and holistically apply international standards of justice [1] .
The jurisdiction of the Extraordinary Chambers extends to serious violations of Cambodian criminal law, international humanitarian law and customs, violations of international conventions recognized by Cambodia that were committed between April 17, 1975 and January 6, 1979 . This includes crimes against humanity , war crimes , genocide , as well as some crimes under the Cambodian Penal Code of 1956 ( murder , torture and persecution for religious beliefs).
The main objective of the Extraordinary Chambers is to restore justice to the Cambodian people and people who were victims of Khmer Rouge policies from April 1975 to January 1979; holding senior leaders of Democratic Kampuchea accountable and rehabilitating all victims [2] .
Content
Creation
In 1997, the Royal Government of Cambodia requested the Secretary-General of the United Nations to institute an independent trial against senior Khmer Rouge leaders and hold them accountable for committing acts of genocide and crimes against humanity between 1975 and 1979. In 1998, a UN Expert Group was formed by the UN Secretary General to examine existing evidence and evaluate it in order to establish the possibility of bringing Khmer Rouge leaders to trial. After examining all the circumstances in 1999, the Group of Experts presented a report which indicated that Cambodia lacked a sufficient number of qualified legal personnel and that the population was mistrustful of the local law enforcement system, so the creation of a special court with international participation could ensure the establishment of law and justice in the country [3] .
After lengthy negotiations, an agreement between the Government of Cambodia and the UN on the establishment of a special court was reached and signed on June 6, 2003 after approval by the General Assembly [4] . This agreement provided the legal basis, principles and options for cooperation in bringing to justice those responsible during the Khmer Rouge dictatorship.
Two buildings belonging to the Royal Armed Forces of Cambodia were allocated to the Tribunal, on the outskirts of Phnom Penh, closer to Kandal province.
The Government of Cambodia said that due to a lack of financial resources, it would not be able to fully finance the activities of the court and deal with its material and technical support. Therefore, additional costs for financial support were incurred by Canada , India and Japan .
In March 2006, UN Secretary-General Kofi Annan proposed a list of seven international judges for inclusion in the CPJC. In May 2006, Justice Minister An Won Watan announced that the Cambodian Supreme Council of Magistracy had appointed 30 Cambodian judges and approved a list of international judges proposed by the UN as part of the CPJC and was ready to begin the trial of the Khmer Rouge leaders. Judges were sworn in early July 2006 [5] .
Structure
According to the agreement between Cambodia and the UN, the tribunal consists of both local and international judges. Due to the fact that Cambodia inherited the basic features of the French legal system , being previously a colony, the same model was used in the activities of the tribunal as in France - special investigative judges (one Cambodian and one international) are involved in the preliminary investigation of the case, which together decide whether there is a crime in the actions of suspected persons, consider preliminary charges and submit case materials for examination on the merits to the Trial Chamber [6] .
The CPJC consists of the Trial Chamber and the Chamber of the Supreme Court, which are the main judicial links, as well as the Pre-Trial Chamber, which at the stage of the preliminary investigation of the case resolves disputes between prosecutors or investigating judges if they have discrepancies in the qualifications of the defendants. The Pre-Trial Chamber and the Trial Chamber are composed of three Cambodian and two international judges, while the Supreme Court Chamber is composed of four Cambodian judges and three international judges. The Chamber of the Supreme Court is the appellate and final court.
All international judges are appointed by the Supreme Council of Magistracy of Cambodia from the list of candidates nominated by the UN Secretary General. There are also reserve judges who may be called to consider the case in the event of an unforeseen situation. The powers of judges will not cease until the Tribunal has completed its work.
Chamber of the Supreme Court
| Judge | A country |
|---|---|
| Motoo Naguchi | Japan |
| Chandra nihal jasingh | Sri Lanka |
| Agnieszka Kłonowicka Milart | Poland |
| Kong Srim (Chair) | Cambodia |
| Som Seryut | Cambodia |
| Mong Monicharia | Cambodia |
| I'm Narin | Cambodia |
| Florence Mamba (standby) | Zambia |
| Sin Rit (standby) | Cambodia |
Trial Chamber
| Judge | A country |
|---|---|
| Sylvia Cartwright | New Zealand |
| Jean-Marc Laverne | France |
| Neil Nonn (Chair) | Cambodia |
| Yu Ottara | Cambodia |
| I'm sukhan | Cambodia |
| Claudia Fenz (standby) | Austria |
| Taw Moni (standby) | Cambodia |
Pre-Trial Chamber
| Judge | A country |
|---|---|
| Rowan downing | Australia |
| Jung Chanho | The Republic of Korea |
| Prax Kimsan (Chair) | Cambodia |
| Huot Wooty | Cambodia |
| Ney Thol | Cambodia |
| Pen Pichsali (standby) | Cambodia |
| Stephen J. Bwana (standby) | Tanzania |
Jurisdiction and Applicable Law
The Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia established a closed list of crimes for which the court has full subjective jurisdiction [7] :
- Crimes covered by the 1956 Cambodian Penal Code (murder, torture and persecution for religious beliefs);
- crimes provided for in the Genocide Convention ;
- general crimes against humanity (defined in the Rome Statute of the International Criminal Court of 1998 );
- serious violations of the Geneva Conventions ( war crimes );
- violation of the Convention for the Protection of Cultural Property in the Event of Armed Conflict ;
- crimes against diplomats committed in circumstances prohibited by the Vienna Convention on Diplomatic Relations .
Only senior leaders of Democratic Kampuchea and other persons who bear the greatest responsibility for crimes committed from April 17, 1975 to January 6, 1979 in Cambodia can be brought to trial.
If the accused person is found guilty by the court, then he can only be sentenced to imprisonment or confiscation of property . The UCCC, like all other tribunals established with the participation of the United Nations, does not have the right to impose the death penalty .
Accused List
Since the start of the Extraordinary Chambers, only five of the former Khmer Rouge leaders have been indicted by the court for genocide, crimes against humanity and war crimes. Of these, currently only three - Nuon Chea ("brother number two"), Khyu Samphan ("brother number five") and Kang Kek Yeu - are found guilty and sentenced to life imprisonment .
The trial of Ieng Tirith has been suspended indefinitely, because she, due to her illness ( Alzheimer's disease ), cannot be brought to trial [8] .
On March 14, 2013, the former Minister of Foreign Affairs of Democratic Kampuchea Ieng Sari died without waiting for a court verdict, the case against him was dismissed [9] .
| Name | A photo | The charge is brought | PKP | PG | Inverter | VP | UKC | PD | Transferred in CHPS | Current status | Oz |
|---|---|---|---|---|---|---|---|---|---|---|---|
| Kang Kek Yeh | July 31, 2007 | - | - | eight | five | - | - | July 31, 2007 | Serving 35 years in prison in Cambodia [10] | [eleven] | |
| Nuon Chea | September 15, 2010 | 3 | 2 | 12 | 6 | - | - | September 19, 2007 | sentenced on August 7, 2014 [12] to life imprisonment. He died in prison for natural reasons on August 4, 2019. | [13] | |
| Khieu Samphan | September 15, 2010 | 3 | 2 | 12 | 6 | - | - | November 19, 2007 | Serving a life sentence, sentenced on August 7, 2014 [12] | [13] | |
| Ieng Sari | September 15, 2010 | 3 | 2 | 12 | 6 | - | - | November 12, 2007 | Died March 14, 2013 ; case dismissed [9] | [13] | |
| Ieng Tirith | September 15, 2010 | 3 | one | ten | 6 | - | - | November 12, 2007 | Died August 22, 2015 ; case dismissed [14] | [13] |
See also
- Khmer Rouge
- Civil war in cambodia
- Kampuchean-Vietnamese conflict
Notes
- ↑ Introduction to the ECCC unopened (inaccessible link) . Extraordinary Chambers in the Courts of Cambodia. Date of treatment June 14, 2012. Archived July 27, 2011.
- ↑ Why are we having trials now? How will the Khmer Rouge Trials benefit the people of Cambodia? (inaccessible link) . Extraordinary Chambers in the Courts of Cambodia. Date of treatment June 14, 2012. Archived February 19, 2013.
- ↑ Report of the Group of Experts on Cambodia, established pursuant to UNGA Resolution 52/135 . Date of treatment March 18, 2013. Archived on April 8, 2013.
- ↑ A / RES / 57 / 228B (unreachable link) (2 May 20032). Date of treatment December 11, 2010. Archived July 3, 2007.
- ↑ Judges sworn in for Khmer Rouge , BBC News (July 3, 2006).
- ↑ Office of the Co-Investigating Judges (link not available) . Date of treatment June 13, 2011. Archived June 10, 2011.
- ↑ NS / RKM / 1004/006: Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea (PDF) (link not available) . Extraordinary Chambers in the Courts of Cambodia (October 27, 2004). Date of treatment May 13, 2011. Archived on April 17, 2012.
- ↑ The “First Lady” of the Khmer Rouge will not be tried for genocide . Lenta.ru (August 31, 2012). Date of treatment June 22, 2014.
- ↑ 1 2 002 / 19-09-2007: Termination of the Proceedings against the Accused Ieng Sary unopened (PDF). Extraordinary Chambers in the Courts of Cambodia (March 14, 2013). Date of treatment April 9, 2013.
- ↑ 001 / 18-07-2007 / ECCC / SC: Summary of Appeal Judgment (PDF) (link not available) . Extraordinary Chambers in the Courts of Cambodia (February 3, 2012). Date of treatment March 8, 2012. Archived June 29, 2012.
- ↑ 002 / 14-08-2006: Closing order indicting Kaing Guek Eav alias Duch (PDF) (link not available) . Extraordinary Chambers in the Courts of Cambodia (August 8, 2008). Date of treatment May 13, 2011. Archived March 9, 2012.
- ↑ 1 2 McKirdy, Euan . Top Khmer Rouge leaders found guilty of crimes against humanity, sentenced to life in prison , CNN (August 7, 2014). Date of treatment August 7, 2014.
- ↑ 1 2 3 4 002 / 19-09-2007: Closing Order . - ECCC, September 15, 2010.
- ↑ 002 / 19-09-2007: Decision on Co-Prosecutors' Request for Stay of Release Order of Ieng Thirith unopened (PDF) (unavailable link) . Extraordinary Chambers in the Courts of Cambodia (September 16, 2012). Date of treatment September 16, 2012. Archived April 30, 2014.
Links
- Official website of the Extraordinary Chambers (English) (Fr.) (ahem.)
- The official site of the UCC on Facebook (eng.)
- UNAKRT - UN Assistance in the Khmer Rouge Process (French)
- Information about UCCC in the UN Audiovisual Library for International Law (English)
- Extraordinary Chambers in the Courts of Cambodia Bulletin of International Criminal Justice (Russian)
- Rule of law mechanisms for post-conflict states: Maximizing the heritage of mixed courts OHCHR (Russian)