002/19-09-2007-ECCC-OCIJ-PTC
The Application Under Rule 33 Of The Internal Rules
2. The Applicants present this application in accordance with Rule 33 of the Internal Rules
and in response to the of the Co-Investigating Judges’ Order of 28 July 2009,1 which was
appealed against on 11 September. The Applicants are well placed to assist the Pre-Trial
Chambers in the proper determination of the issues on appeal. Both their experience in
combating impunity for crimes under international law, including torture, and their
struggle against torture throughout the world are decades-long, internationally-known and
well-publicised.
3. A ruling by the Pre-Trial Chamber upholding the Co-Investing Judges’ Order and
admitting statements established to have been made as a result of torture (henceforth:
obtained by torture) would have wider ramifications than simply the effect upon the
present case or other cases within the ECCC, and it is therefore appropriate that the
Chamber consider seeking amicus curiae submissions in respect of this issue to assist in
reaching a decision that accords fully with international law.
4. In order to assist the Pre-Trial Chamber to consider their request expeditiously, the
Applicants hereby include in the paragraphs which follow their submission. If granted
leave to present an Amicus Curiae submission, the Applicants respectfully request the
Chamber to consider the submission below. The Applicants will supplement this with any
further information or appendixes requested by the Chamber.
The Applicants’ Interest in the Issue of Admissibility of Statements Obtained by Torture
5. The admissibility of information including statements obtained by torture raises issues
surrounding the scope of Article 15 of the UN Convention on Torture and Other Cruel,
Inhuman Or Degrading Treatment Or Punishment (UNCAT), which all parties agree
binds these Chambers, and which is the focus of this brief.
Specific Issues the Applicants Seek to Address
6. The Applicants’ submission answers the following questions at issue in this appeal:
6.1. Whether statements obtained by torture may be used (as evidence that the
statements were made) only against the physical2 torturers only;
1
Office of the Co-Investigating Judges, Order on the use of statements which were or may have been obtained by torture, in
the case of Prosecutor v. Ieng Thirigh (Case No. 002/19-09-2007/ECCC/OCIJ), filed 28 July 2009.
2
This term is used here to denote the actual or direct perpetrator, bearing in mind that torture can be mental as well as
physical.
Amicus Curie Application (AI, ICJ, REDRESS)
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