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.
On 3 March 2015, the International Co-Investigating Judge charged Im Chaem in absentia in Case 004. On 5 February 2016, the case was severed creating Case File 004/1.
On 22 February 2017, the Co-Investigating Judges dismissed the case against Im Chaem, in the Closing Order (Disposition), and on 10 July 2017 they issued their reasons for doing so in the Closing Order (Reasons). They found she was not subject to the personal jurisdiction of the ECCC which means she was neither a senior leader nor otherwise one of the most responsible officials of the Khmer Rouge regime. On 20 July 2017, the International Co-Prosecutor filed the Notice of Appeal against the Co-Investigating Judges’ Closing Order (Reasons), and on 9 August 2017 he filed the Appeal to the Pre-Trial Chamber.
On 11 and 12 December 2017, the Pre-Trial Chamber held hearings in Case 004/1 to hear the arguments of the parties before issuing its decision on the Appeal.
On 28 June 2018, the Pre-Trial Chamber issued its Considerations on the International Co-Prosecutor’s Appeal against the Co-Investigating Judges’ Closing Order.
The Pre-Trial Chamber unanimously found various procedural defects, in particular with regard to the evidentiary assessment and the undue delay in concluding this judicial investigation.
The Pre-Trial Chamber further ruled that the applicable law before the ECCC does not preclude the national courts’ jurisdiction over criminal justice matters, including Khmer Rouge-era crimes.
The five judges came to different conclusions regarding the merits of the Appeal. Three judges concluded that the ECCC lack personal jurisdiction over Im Chaem while the other two other judges found that there was sufficient evidence to consider that Im Chaem was among those most responsible and that the ECCC therefore has jurisdiction over her.
As four out of five votes in the Pre-Trial Chamber are required to overturn a dismissal order by the Co-Investigating Judges, the Closing Order declaring that the ECCC has no jurisdiction over Im Chaem shall stand. The Pre-Trial Chamber’s Considerations finally conclude Case 004/1.
The Pre-Trial Chamber’s Considerations and the impugned decision are available on the ECCC website: https://www.eccc.gov.kh/en/document/court/considerations-international-co-prosecutors-appeal-closing-order-reasons
Please see this link for information about the charges against Im Chaem.