AGENDA FOR CONDUCT OF CRIMINAL PROCEEDINGS Commencing 24 February 2009, 9:00 am
Monday, February 23, 2009
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PRE-TRIAL CHAMBER
CHAMBRE PRELIMINAIRE
Criminal Case File
Nº 002/19-09-2007-ECCC/OCIJ (PTC16)
Dated 10 November 2008
CONDUCT OF CRIMINAL PROCEEDINGS
Commencing 24 February 2009, 9:00 am
Public Hearing
SITTING TIMES
Session 1 : 9 am to 10.15 am
(15 MINUTE BREAK)
Session 2 : 10.30 am to 11.45 am
(1.30h LUNCH BREAK)
Session 3 : 1.15 pm – 2.30 pm
(15 MINUTE BREAK)
Session 4: 2.30 pm - 4.00 pm
8:45am- Members of the public are present in the public gallery.
- The Co-Lawyers and the Charged Person are present in the courtroom.
- The Co-Lawyers for the Civil Parties and the Civil Parties are present in the courtroom.
- The National Greffier announces the Regulations governing the hearing.
- First sound of the bell: The Co-Prosecutors enter the courtroom.
- 4 PHOTOGRAPHERS enter (2 Photographiers and 2 Cameramen).
9:00am
- Second sound of the bell: Greffier invites all persons to stand by announcing “The Court”. The judges enter the courtroom
- The President invites all persons to be seated.
Declaration of the President
In the name of the Cambodian people and the United Nations, today the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia declares open the hearing of the criminal case Nº 002/19-09-2007-ECCC/OCIJ (PTC16), dated 10 November 2008 in which :
- The Charged Person IENG Thirith, alias “Phea”, Cambodian nationality, female, born on 10 March 1932, 5th quartier, Phnom Penh, Cambodia, residing before her arrest at Nº 47B, street 21, Tonle Bassac, Chamkamorn, city of Phnom Penh, father’s name: Khieu On (deceased), mother’s name: Ouk Ponn (deceased), husband’s name: Ieng Sary, 4 children.
- Is charged with crimes against humanity, crimes set out and punishable under articles 5, 29(new) and 39(new) of the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia dated 27 October 2004.
- Defence Co-Lawyers:
Mr. PHAT Pouv Seang
Miss. Diana ELLIS
- Lawyers for the Civil Parties:
Mr. HONG Kimsuon
Mr. LOR Chunthy
Mr. NY Chandy
Mr. KONG Pisey
Mr. YONG Phanith
Mr. KIM Mengkhy
Miss. MOCH Sovannary
Ms. Silke STUDZINSKY
Ms. Martine JACQUIN
Mr. Philippe CANNONE
Mr. Pierre Olivier SUR
Ms. Elizabeth RABESANRATANA
Mr. Olivier BAHOUGNE
The President asks the Greffier:
Are all the participants present at the hearing?
The President Declares:
Present at today’s hearing are:
1. Mr. PRAK Kimsan President
2. Mr. Rowan DOWNING Judge
3. Mr. NEY Thol Judge
4. Mrs. Katinka LAHUIS Judge
5. Mr. HUOT Vuthy Judge
• Mr. PEN Pichsaly Reserve Judge
- Greffiers:
Mr. CHUON Sokreasey
Ms. Anne Marie BURNS
- Co-Prosecutors:
Mr. SENG Bunkheang Deputy Co-Prosecutors
Mr. Vicent de WILDE d’ESTMAEL Deputy Co-Prosecutors
The President invites the charged person to stand before the Judges
Name? Alias? Age? Nationality? Place of birth? Occupation? Pre-arrest address? Father’s name? Mother’s name? Husban’s name? How many children? Defence lawyers? Their names?
The President reads out the rights of the Charged Person
Pursuant to Rule 21(1)(d) of the Internal Rules, the Charged Person IENG Thirith is hereby informed that he:
- is presumed innocent as long as his guilt has not been established
- has the right to be informed of any charges brought against him
- has the right to be defended by a lawyer of his choice; and
- has the right to remain silent.
The President invites the Co-Rapporteur to read the Report of Examination
o Judge HUOT Vuthy (National Judge) reads out the report
The President invites the Charged Person to stand
The President asks the Charged Person whether he would like to make a statement related to his appeal or if he would like his Co-Lawyers to speak on her behalf?
The President invites the Co-Lawyers to make brief observations concerning the Extention of Provisional Detention
(Duration: maximum 1h divided between Co-Lawyers as appropriate)
The President invites the Co-Prosecutors to make brief observations
(Duration: maximum 1h divided between Co-Prosecutors as appropriate)
The President allows defence Co-Lawyers to replies
(Duration: maximum 15 minutes for Co-Lawyers to reply)
The Judges may ask questions
The President asks the Charged Person if she has anything to add
The President provides information concerning the announcement of the decision
On request of any of the parties the PTC continues the hearing in camera
The President declares the hearing concluded
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Tel: +(855) 023 219 814 Fx: +(855) 023 219 841 Web: www.eccc.gov.kh
