Statement from the Co-Investigating Judges Related to Case 003 Requests from the International Co-Prosecutor

In a reasoned decision issued on 7 June 2011, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) have rejected a request for an extension of the deadline for filing Civil Party Applications in Case 003 and three investigative requests filed by the International Co-Prosecutor alone as invalid.

Having examined the applicable legal framework and the Internal Rules governing the ECCC proceedings, the Co-Investigating Judges concluded that the Internal Rules leave no room for (a) solitary action by one Co- Prosecutor, unless either a delegation of power had taken place according to Internal Rule 13 (3), or a Disagreement between the Co- Prosecutors had been recorded pursuant to Rule Internal 71 (1).

As both the National and the International Co-Prosecutor have confirmed that neither a delegation of power had taken place nor a disagreement had been recorded, the Co-Investigating Judges consequently rejected the requests from the International Co-Prosecutor on the basis that they were invalid.

However, the Co-Investigating Judges have on their own motion, pursuant to Internal Rule 39 (4) (b), decided to recognise the validity of any Civil Party Application received within three weeks after the original deadline on 18 May 2011.