Im Chaem

Photo


Alias
Place of Birth
Kbal Ou village, Cheang Tong Commune, Tram Kok District, Takeo [Source:DC-CAM)
Arrested Date
Defence counsel
Mr. Bit Seanglim (Cambodia) and Mr. Wayne Jordash QC
Position in Democratic Kampuchea

Alleged Preah Net Preah District Secretary and Northwest Zone Sector 5 Deputy Secretary.

Status of case

Im Chaem was charged in absentia on 3 March 2015. On 18 December 2015, the Co-Investigating Judges filed a notice of conclusion of the judicial investigation against Im Chaem. The proceedings against Im Chaem were severed into a new case file, Case 004/01 on 5 February 2016. On 22 February 2017, the Co-Investigating Judges issued the dispositive part of the Closing Order in Case 004/01 dismissing the case against Im Chaem. On 10 July 2017, the full reasoning of the Closing Order was issued. Pre-Trial Chamber is seised of an appeal filed by the international co-prosecutor against the Closing Order in case 004/01.  On 11 and 12 December 2017, the Pre-Trial Chamber held hearings in case 004/01 to hear the arguments of the parties before it issues 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 dismissal of the case against Im Chaem. The Pre-Trial Chamber unanimously held that the Co-Investigating Judges erred in relation to the method of evaluating evidence and the jurisdiction of Cambodian courts to try cases relating to the Khmer Rouge. The Pre-Trial Chamber judges were unable to reach a super-majority on the merits of the appeal. Judges Prak, Ney, and Huot agreed with the dismissal. Judges Baik and Beauvallet disagreed with the Co-Investigating Judges assessment of the evidence and conclusions, and held that Im Chaem did fall within the jurisdiction of the ECCC and should be sent to trial.

Key allegations

Im Chaem has been charged with the following alleged crimes: 

  • Crimes Against Humanity, namely murder, extermination, enslavement, imprisonment, torture, persecution, and other inhumane acts (enforced disappearance, rape, forced marriage and confinement in inhumane conditions)
  • Grave Breaches of the Geneva Conventions of 1949, namely wilful killing, inhuman treatment, wilfully causing great suffering or serious injury to body or health, wilful deprivation of a fair and regular trial, and unlawful confinement of a civilian

 

These crimes were allegedly variously committed

 

  • in Sector 13 of the Southwest Zone, including at Wat Ang Srei Mealy Security Office and Prey Sokhon execution site
  • in Sector 5 of the Northwest Zone, including at Phnom Trayoung Security Office and worksite, Phum Chakrey Security Office and related execution sites including Prey Ta Ruth, Wat Chamkar Khnol Security Office and related sites, Wat Preah Net Preah and related detention and execution sites, Spean Spreng and Prey Roneam dam worksites, Traprang Thma dam worksite, and during the purge of the zone by Southwest cadres.
Case No. Case 004/1
Date
[Corrected 1] [Redacted] IM Chaem’s Response to the International Co-prosecutor’s Rule 66 Final Submission Against Her D304/6/5.1
[Corrected 1] [Redacted] IM Chaem’s Response to the International Co-prosecutor’s Rule 66 Final Submission Against Her D304/6
Table of authorities for International Co-Prosecutor’s Reply regarding Appeal of Closing Order (Reasons) D308/3/1/13.1
International co-prosecutor’s appeal of closing order (reasons) D308/3/1/1
International Co-Prosecutor’s Reply regarding Appeal of Closing Order (Reasons) D308/3/1/13
Table of authorities International co-prosecutor’s appeal of closing order (reasons) D308/3/1/1.1
Response to Pre-Trial Chamber's Decision of 28 June 2018 - D314/2 D314/3
IM Chaem's Response to the International Co-Prosecutor's Appeal of Closing Order (Reasons) D314/3.1
IM Chaem's Response to the International Co-Prosecutor's Appeal of Closing Order (Reasons) D308/3/1/11
Decision on the International Co-Prosecutor’s Request for Reclassification of Submissions on Appeal against the Closing Order (Reasons) D314/2
Considerations on the International Co-Prosecutor’s Appeal of Closing Order (Reasons) D308/3/1/20
IM Chaem's Response to the International Co-Prosecutor's Request for Reclassification of Submissions on Appeal against the Closing Order (Reasons) (D314) D314/1
Decision on Im Chaem's request for reclassification of selected documents from Case File 004/1 D313/2
Table of authorities for International Co-Prosecutor’s request for reclassification of submissions on appeal against the closing order (reasons) D314.1
International Co-Prosecutor’s request for reclassification of submissions on appeal against the closing order (reasons) D314
International Co-prosecutor’s response to Im Chaem’s request for reclassification of selected documents D313/1
[REDACTED] International Co-Prosecutor’s Rule 66 Final Submission Against IM Chaem​ D304/2
Im Chaem’s request for reclassification of selected documents from case file 004/1 D313
International Co-Prosecutor’s Appeal of Decision on Closing Order (Reasons) Redaction or, Alternatively, Request for Reclassification of Closing Order (Reasons) D309/2/1/2
IM Chaem’s Request for Reclassification of her Response to the International Co-Prosecutor’s Final Submission D304/6/1
IM Chaem’s Response to the CPCLS’ Submission on the Position of the ECCC within the Cambodian Legal System(D308/3/1/9) D308/3/1/18
International Co-Prosecutor’s Reply to IM Chaem’s Response to Civil Party Co-Lawyer’s Request D308/3/1/7
IM Chaem’s Response to the CPCLS’ Submission on the Position of the ECCC within the Cambodian Legal System (D308/3/1/9) D304/6/5.5
International Co-Prosecutor’s Submission on the Pre-Trial Chamber Hearing regarding the Appeal of Closing Order (Reasons) D308/3/1/15
Response to the International Co-Prosecutor's Appeal of Decision on Closing Order (Reasons) Redactions or, Alternatively, Request for Reclassification of Closing Order (Reasons) D309/2/1/3

PRESS BRIEFING ON THE UPCOMING JUDGEMENT IN CASE 002/02 AGAINST NUON CHEA AND KHIEU SAMPHAN

In advance of the Trial Chamber’s pronouncement on 16 November 2018 of a summary of the findings and the disposition of the Judgement for Case 002/02 concerning the Accused NUON Chea and KHIEU Samp

Media Alert: Access for public and media accreditation to Case 002/02 judgement

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) notified the Parties that pursuant to Inte