Countdown to Case 002/02: 11 February 2014 Trial Management Meeting Report

On the 20th of December 2013, Trial Chamber President Nil Nonn issued a memorandum concluding that proceeding with the existing panel of judges to oversee the proceedings for Case 002/02 would prove more expeditious than appointing a whole new bench, though he acknowledged reservations about the legality of either approach.[i]  Heeding the Supreme Court Chamber’s direction that evidentiary hearings in Case 002/02 should begin as soon as possible after the closing statement of Case 002/01, President Nil Nonn released a tentative Workplan on 24 December 2013, asking the parties to prepare their submissions on the scope for Case 002/02.[ii]

In response to this Workplan, the Khieu Samphan Defense team filed a written submission on 5 January 2014 that asked the Chamber to wait until the final verdict is reached in Case 002/01 before beginning the proceedings in the second trial.[iii] The Office of Co-Prosecutors, the Defense team for Nuon Chea, and the Civil Party Lawyers all contested this submission.

On 7 February 2014, The Trial Chamber issued a memo[iv] to schedule a Trial Management Meeting (TMM) on 11 February 2014. The meeting was called to address two points: the general response to Khieu Samphan’s Defense team’s submission on postponing Case 002/02 proceedings until the final verdict,[v] and the response to parties’ submissions on scope for Case 002/02.[vi]

Read the report in English: TMM Report – 11 February 2014

[i] President of the Trial Chamber. “President’s Memorandum on the Proposal to Appoint a Second Panel of the Trial Chamber to Try the Remaining Charges in Case 002” (20 December 2013) E301/4. Par. 4, 7. [hereinafter PRESIDENT MEMO]. [ii] PRESIDENT MEMO [iii] Nuon Chea Defense Team. “Nuon Chea’s Response To Trial Chamber’s Request For Submissions Concerning The Scope Of Case 002/02” (31 January 2014). E301/5/4 [hereinafter, NC SCOPE]. par. 2 [iv] President Trial Chamber. “Adversarial hearing prior to commencement of evidentiary hearing in Case 002/02 (11 February 2014)” (7 February 2014), E301/9. [v] Khieu Samphan Defense Counsel’s Submission re Scope of Case 002/02 (waiting for English translation) [hereinafter KS SCOPE]. [vi] Submissions: NC SCOPE; Office of Co-Prosecutors. “Co-Prosecutors’ Submission re Scope of Case 002/02” (31 January 2014). E301/5/1 [hereinafter OCP SCOPE]; Civil Party lawyers. “Civil Parties’ Submission re Scope of Case 002/02” (31 January 2014). E301/5/3 [hereinafter CP SCOPE]; KS SCOPE.

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