Getting From Where We Are to ECCC's First Trial
On the 5 December 2008, the Pre-Trial Chamber rendered its Decision on the appeal of the Co-
Investigating Judges’ Closing Order against Kaing Guek Eav (alias Duch). Since the Trial Chamber is now seized of this case, the ECCC wishes to provide the following information with regards to he next steps in the proceedings:
1) According to Rule 80 of the Internal Rules, the Co-Prosecutors have 15 days to submit to the
Chamber a list of witnesses and experts they intend to summon. From the notification of this list, the Accused and/or any Civil Party will also have 15 days to submit additional lists of witnesses and experts;
2) In order to facilitate the fair and expeditious conduct of the proceedings the Trial Chamber will organize a Trial Management Meeting to allow exchanges between the parties, to facilitate the setting of the dates of the Initial and Substantive Hearings and to review the status of the case. This Meeting is scheduled for the 15 and 16 January 2009. This meeting will be held without the presence of the public (Rule 79(7).
3) After the Trial Management Meeting, the President of the Trial Chamber will fix the date of the Initial Hearing during which the Chamber will consider the lists of potential witnesses and experts filed by the Parties, preliminary objections and applications submitted by victims to be joined as civil parties. In this regard, the Chamber emphasizes that Rule 23(4) sets an important deadline for the filing of applications to be joined as a Civil Party: provided that the President does not exercise his right to shorten or extend the deadline, in order to be admissible, these applications must be filed with the Victims’ Unit at least 10 working days before the Initial Hearing. The deadline for filing will be set in the Order setting the date of the Initial Hearing.
4) The Substantive Hearing will be scheduled after the completion of the Initial Hearing.