TITLE

The Doctrine of Abuse of Process: A Comment on the Cambodia Tribunal's Decisions in the Case against Duch (2007)

AUTHOR(S)
RYNGAERT, CEDRIC
PUB. DATE
September 2008
SOURCE
Leiden Journal of International Law;2008, Vol. 21 Issue 3, p719
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The Cambodia Tribunal's co-investigating judges' first order, for the provisional detention of Duch, one of the suspects for the atrocities committed by the regime of Democratic Kampuchea in the 1970s, addresses the application of the doctrines of male captus bene detentus and abuse of process. The order, confirmed by the pre-trial chamber, states, relying on those doctrines, that Duch's unreasonably long prior detention, ordered by the Cambodian Military Court, does not bar his provisional detention by the Cambodia Tribunal. This article argues that the order is in accordance with applications of the relevant doctrines by the international criminal tribunals in similar cases, and that, absent involvement of the international or hybrid tribunal, abuse of process can, and should, only be successfully applied in case of torture or serious mistreatment of the suspect.
ACCESSION #
56670203

 

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