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Fitness to Stand Trial II
Week Ending October 20, 2011
On 23 August 2011, the Trial Chamber of the ECCC appointed four psychiatrists to assess the state of Accused Ieng Thirith’s mental health. The four Experts agreed on their collective findings and submitted a report on 10 October 2011 to the Chamber. Two of the four, Dr. Hout Lina and Dr. Seena Fazel, subsequently testified before the Chamber during a two-day fitness hearing conducted on 19 and 20 October 2011. This report provides a summary of these proceedings.
Fitness To Stand Trial
Week Ending August 31, 2011
On 29 to 31 August 2011, the Trial Chamber conducted a preliminary hearing on the fitness to stand trial of Ieng Thirith and Nuon Chea, following the submission of the reports of Professor John Campbell, the medical expert the Chamber appointed to examine the health of the Accused Ieng Sary, Ieng Thirith and Nuon Chea.
A joint session was held on the first day of hearing for issues common to Ieng Thirith and Nuon Chea, particularly the qualifications of Professor Campbell as an expert and the methodology he used in his assessments. In the discussion of his methodology, Professor Campbell explained the various sources he used in arriving at his evaluation. The second day focused on issues relating to Professor Campbell’s report on Ieng Thirith, which disclosed that, she is most likely suffering from Alzheimer’s disease, the most common cause of dementia. Professor Campbell concluded that Ieng Thirith is cognitively impaired to the point that she will be unable to meaningfully participate in her trial. On the final day of the preliminary hearing, the geriatrician maintained that based on his assessment, Nuon Chea is fit to stand trial.
Ieng Thirith, Nuon Chea, Khieu Samphan and Ieng Sary Report No. 1
Initial Hearing June 27-30, 2011
Beginning 27 June 2011, the Trial Chamber of the ECCC presided over several days of Initial Hearings in the case against four alleged senior leaders of the Khmer Rouge: Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan. This marked the official commencement of the trial pursuant to Rule 80 bis. During the hearing, the Chamber considered the parties’ lists of potential witnesses and the initial specifications of reparations awards the CPLCL intend to seek under Rule 23 quinquies. The parties also presented their oral arguments on the following legal issues: ne bis in idem (also known as “double jeopardy” in common law systems), the royal pardon and amnesty granted to Ieng Sary by King Norodom Sihanouk, the statute of limitations for grave breaches of the 1949 Geneva Conventions, and the statute of limitations for the national crimes within the jurisdiction of the ECCC.