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Reporter(s)

Thuy Linh Nguyen

Co-Prosecutors v [REDACTED], Consideration on [REDACTED] appeal against the International Co-Investigating Judge’s decision to charge her in absentia, Case no 004/01/07-09-2009-ECCC/OCIJ, ICL 1731 (ECCC 2016), 1st March 2016, Extraordinary Chambers in the Courts of Cambodia [ECCC]; Pre-Trial Chamber [ECCC]

Whether the International Co-Investigating Judge (‘ICIJ’) of the Extraordinary Chambers in the Courts of Cambodia (‘ECCC’) erred in law in finding that an initial appearance was not a pre-condition for charging a suspect under the ECCC’s Internal Rules.

Whether the ICIJ erred in law in seeking guidance from the procedural rules of other international tribunals.

Whether the ICIJ erred in finding the circumstances of the case warranted the decision to charge a suspect without holding an initial appearance in their presence and notifying them of the charges through her lawyers.

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