Commentary (Analysis of Decisions on Interim Release at the Extraordinary Chambers in the Courts of Cambodia (ECCC))

Research output: Chapter in Book/Report/Conference proceedingCommentResearchpeer-review

Artur Appazov

As of today, the decision-making organs of the ECCC have issued a number of decisions on applications of suspects and accused persons for provisional release. One only one such application has been successful so far. This situation is regarded as acceptable in other international criminal jurisdictions for the reasons of unavailability of reliable enforcement mechanisms. This is said to justify the pre-trial detention to be de facto the rule rather than exception. However, specific conditions of the Extraordinary Chambers in the Courts of Cambodia (ECCC) warrant a differing appraisal.

The commentary examines a tendency of the decision-makers of the ECCC uncritically to accept arguments in the submissions of the Co-Prosecutors to the effect that the continuous provisional detention is in each case the necessary measure in accordance with the law of the ECCC. At that, the quality of judicial inquiry into factual submissions of the Co-Prosecutors seems to suffer from the absence of regard to evidentiary support. As a result, the decisions are founded on the mere acceptance of the ipse dixit of the Co-Prosecutors rather than on reference to evidentiary foundation.
Original languageEnglish
Title of host publicationAnnotated Leading Cases of International Criminal Tribunals : Extraordinary Chambers in the Courts of Cambodia (7 July 2007-26 July 2010)
EditorsAndré Klip, Steven Freeland
Number of pages8
Volume43
Place of PublicationCambridge, Antwerp, Portland
PublisherIntersentia
Publication date1 Dec 2015
Pages163-170
ISBN (Print)978-1-78068-197-9
Publication statusPublished - 1 Dec 2015
SeriesAnnotated Leading Cases of International Criminal Tribunals
Volume43

ID: 44145723