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 are divided into what is known as Case Files 003 and 004.
Meas Muth and Sou Met were initially named as suspects in Case 003. The judicial investigation against Sou Met was terminated on 2 June 2015 following his death. Meas Muth was charged in absentia by the International Co-Investigating Judge in March 2015 and appeared voluntarily before him in December 2015 where he was notified of additional charges.
On 28 November 2018, the Co-Investigating Judges issued two separate closing orders in the case against Meas Muth, due to a disagreement about whether Meas Muth 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 was of the view that Meas Muth does not fall under the ECCC’s personal jurisdiction under either category and dismissed the case against Meas Muth for that reason. The International Co-Investigating Judge was of the view that Meas Muth 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 genocide, crimes against humanity, war crimes and domestic offences under Cambodian law.
The Co-Lawyers for Meas Muth and National Co-Prosecutor filed appeals against the International Co-Investigating Judge’s Closing Order (Indictment), whereas the International Co-Prosecutor filed an appeal against the National Co-Investigating Judge’s Closing Order (Dismissal). The Pre-Trial Chamber held three days of hearings on the appeals against the closing orders on 27, 28 and 29 November 2019.