KRT Trial Monitor C002 – Special Report on Ieng Thirith’s Fitness to Stand Trial (November 2012)

Ieng Thirith, alias “Phea,” is one of four Accused in Case 002 at the ECCC.  She was indicted on 10 September 2010 for crimes against humanity, genocide, and grave breaches of the Geneva Conventions of 1949.  However, on 21 February 2011, Ieng Thirith’s Defense filed for an assessment of the fitness to stand trial of the Accused and asserted that, “the mental condition of the Accused inhibits the Defense in its ability to prepare for the forthcoming trial.” On 17 November 2011, after multiple hearings and expert evaluations, Ieng Thirith was found unfit to stand trial on the basis of a mental condition.  The Trial Chamber severed Ieng Thirith’s case from the others in Case 002 to avoid delay of the other Defendants’ trial, and ordered her immediate and unconditional release.  The OCP filed an immediate appeal, which was granted by the Supreme Court Chamber on 13 December 2011.  The Supreme Court ordered Ieng Thirith held, treated for her medical issues, and reassessed in six months to see if she is fit to stand trial.  This reassessment and the related hearings occurred between 27-31 August 2012, with a final Decision from the Court in favor of indefinite stay of proceedings and provisional release issued on 13 September.  The Co-Prosecutors immediately appealed this decision on 14 September 2012, on the basis that they believed the Court should retain more supervision of the indicted person.  The Supreme Court Chamber will hear arguments regarding this appeal on 13 November 2012.

With Ieng Thirith’s case once again coming to the fore of proceedings this month at the ECCC, AIJI is publishing this Special Report to provide a concise review of the pertinent legal and procedural issues confronted by the Court thus far in its handling of this Accused.

Read the report:

KRT Trial Monitor Special Report – Ieng Thirith’s Fitness to Stand Trial  (November 2012).

English – Khmer

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