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On 22 February 2017, the Co-Investigating Judges issued a joint closing order in the proceedings against Im Chaem in Case 004/1.
They dismissed the case, because according to their evaluation of the evidence collected during the investigation, Im Chaem is not subject to the ECCC’s personal jurisdiction, which means she was neither a senior leader nor otherwise one of the most responsible officials of the Khmer Rouge regime.
Due to the current logistical and budgetary restrictions which impact on the time needed for the production of the final draft of both the English and Khmer versions, and bearing in mind the right of the charged person to have the outcome of the proceedings against her determined as soon as possible, the Co-Investigating Judges decided to issue the dispositive part of the closing order now, together with a summary of the reasons, with a separate document containing the full reasons to be filed in due course.
The dismissal also means that all civil party applications related to Im Chaem had to be rejected; the Co-Investigating Judges made such an order on the same date.
Due to the nature of the closing order as a dimissal, the reasons for this decision, as far as they relate to the substance of the charges themselves, and the decision on the civil party applications shall remain confidential unless the dismissal is overturned on appeal and a trial ordered by the Pre-Trial Chamber.
The Co-Investigating Judges will, however, produce and disseminate a public version of their main legal findings surrounding the issue of personal jurisdiction upon filing of the full reasons.