08 Sept 2008By A.L.G.
Cambodge Soir Hebdo
Click here to read the original article in French
The judges of the Khmer Rouges Tribunal have decided to restrict the Defence’s possibilities to appeal.
The Khmer Rouge Tribunal’s (KRT) Defence Support Section blames the judges and their decision to modify rule 104 from the code of procedures in effect at the KRT, relative to the appeal procedures.
The judges decided to modify this rule by reducing the defendant’s possibilities to appeal the following cases: “a mistake concerning a question of law which invalidates the decision” and “a mistake concerning a question of fact which caused a legal mistake”.
In the past, “any question of law and of fact” gave the defendants the possibility to appeal.
“This means that a defendant has now a right of appeal before the ECCC (Extraordinary Chambers in the Courts of Cambodia, official name for the KRT) which is more limited than before any other court of law in Cambodia”, declares the Defence Support Section in a communiqué dated Friday 5 September.
According to the law behind the ECCC, the judges have the authorisation to modify the rules of procedures in case of “exceptional circumstances”, conditions which currently aren’t met, according to the Defence Support Section.
The Khmer Rouge Tribunal’s (KRT) Defence Support Section blames the judges and their decision to modify rule 104 from the code of procedures in effect at the KRT, relative to the appeal procedures.
The judges decided to modify this rule by reducing the defendant’s possibilities to appeal the following cases: “a mistake concerning a question of law which invalidates the decision” and “a mistake concerning a question of fact which caused a legal mistake”.
In the past, “any question of law and of fact” gave the defendants the possibility to appeal.
“This means that a defendant has now a right of appeal before the ECCC (Extraordinary Chambers in the Courts of Cambodia, official name for the KRT) which is more limited than before any other court of law in Cambodia”, declares the Defence Support Section in a communiqué dated Friday 5 September.
According to the law behind the ECCC, the judges have the authorisation to modify the rules of procedures in case of “exceptional circumstances”, conditions which currently aren’t met, according to the Defence Support Section.
No comments:
Post a Comment