On 7 September 2009, the International Co-Prosecutor filed two Introductory Submissions, requesting the Co- Investigating Judges to initiate an investigation concerning five suspected persons. These two submissions have been divided into what is known as Case files 003 and 004.
The International Co-Investigating Judge charged Ao An in Case 004 on 27 March 2015 and on 14 March 2016 he expanded the charges. On 16 December 2016, the Co-Investigating Judges concluded the judicial investigation against Ao An and the case was severed creating case file 004/02. The severance was ordered because the charged person has the right to be informed of the decision on the charges brought against him without undue delay, and in order to issue the Closing Order in a reasonable time according to the Internal Rules 67 and 21 (4) whether it be a dismissal order or indictment.
On 16 August 2018, the Co-Investigating Judges issued two separate closing orders in the case against Ao An, due to a disagreement about whether Ao An is subject to the ECCC’s personal jurisdiction as a senior leader or one of the persons most responsible for crimes committed during the period of Democratic Kampuchea.
The National Co-Investigating Judge is of the view that Ao An does not fall under the ECCC’s personal jurisdiction under either category and dismisses the case against Ao An for that reason. In reaching that decision, he considered the degree of participation by AO An and the gravity of the crimes, and other factors such as the substance of the ECCC Law and Agreement as well as the intentions of their drafters.
The International Co-Investigating Judge is of the view that Ao An is subject to the ECCC’s personal jurisdiction as one of the most responsible persons, and that there is sufficient evidence to indict him for the genocide of the Cham and crimes against humanity, as well as domestic offences under Cambodian law.
The Judges had alerted the parties by joint decision of 18 September 2017 that they considered separate closing orders permissible under the law applicable before the ECCC, acknowledging the possible consequences arising from this scenario for any appeal under Internal Rule 77(13).
Please see the link for information about charges against Ao An