ECCC, Case 002/01, Issue 23

Case 002/01

ECCC

Cambodia

English

The importance of the right of the accused to be present in his trial was highlighted this week in the face of Ieng Sary’s deteriorating health. Ieng Sary was rushed to the hospital on Thursday, 17 May 2012, after experiencing severe coughing, difficulty in breathing, and dizziness. When trial resumed on Monday, 21 May 2012, Ieng Sary’s international counsel, Mr. Michael Karnavas, asked for a suspension of the proceedings without opposition from any of the other Parties. The Trial Chamber granted the request and rescheduled the hearing to Wednesday, 23 May 2012, a day after Ieng Sary’s release from the hospital.

On Wednesday, Dr. Lim Sivutha, Ieng Sary’s attending physician, testified to provide the Chamber with information on Ieng Sary’s medical condition and his recommendations for the conduct of subsequent hearings. After deliberating during the break, the Trial Chamber adopted the medical doctor’s recommendation and suspended the proceedings until Monday, 28 May 2012. In order for proceedings to move forward despite Ieng Sary’s condition, it also amended the order of scheduled witness testimonies.

Before the end of the proceedings, Judge Laverge pointed out three documents in the court interface that were not in the Case File. He advised the Prosecution and the Nuon Chea Defense to make written applications for the admission of these documents as new evidence under Rule 87.4 of the Internal Rules.