Public statement by the Co-Prosecutors regarding investigation in Case 003

The Co-Prosecutors of the Extraordinary Chambers in the Courts of Cambodia issue this public statement in order to ensure that the public is kept informed of proceedings in Case 003, particularly in light of inaccurate and potentially misleading information circulating in the press. As this case remains under judicial investigation, the Co-Prosecutors have sought and received judicial authorisation to make this statement.

The Co-Prosecutors have received and considered information alleging new facts purportedly relating to the investigation in Case 003. The Co-Prosecutors note that facts relating to DK military incursions into Vietnam were already investigated as part of Case 002. Moreover, the alleged new facts bear no relation to the crime sites in Case 003 that have previously been announced to the public and would, in the Co-Prosecutors’ opinion, extend the scope of the existing investigation beyond those facts necessary to assess the question of responsibility for the crimes alleged in the Case 003 Introductory Submission. Various press reports have incorrectly and misleadingly identified individuals as potential targets of investigation.  Contrary to those reports, the former International Co-Investigating Judge expressed no opinion or conclusion that such individuals were within the jurisdiction of the ECCC. 

Accordingly, the Co-Prosecutors have respectfully declined to seise the Co-Investigating Judges of these alleged new facts. In reaching this decision, the Co-Prosecutors have considered the gravity of the crimes alleged in the Introductory Submission; the clearly-established scope of the current investigation; the importance of prioritising the efficient completion of ongoing investigations and trial proceedings before the ECCC; and the established public position of the International Co-Prosecutor that no further cases would be initiated following Cases 003 and 004. 

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