ECCC Supreme Court Chamber Dismisses Request to Send Case 003 to Trial

 

Buth Reaksmey Kongkea 

According to ECCC’s Press Release, the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) on December 17, 2021 dismissed the International Co-Prosecutor’s request to send Case 003 against Meas Muth to trial.

 By unanimity, the Chamber determined that the “International Co-Prosecutor’s Appeal of the Pre-Trial Chamber’s failure to send Case 003 to trial as required by the ECCC legal framework" was admissible in the interests of justice.  The application was considered by the majority of the Chamber which provided “legal clarity and certainty and:

 1.Rejected the view that the Pre-Trial Chamber had, in its Considerations on Appeals against Closing Orders, unanimously upheld the validity of the indictment against Meas Muth;

2.Confirmed that the Pre-Trial Chamber concluded Case 003 when it issued its Considerations; and

3.Clarified that Case 003 is terminated in the absence of a definitive and enforceable indictment. 

In her dissenting opinion, Judge Maureen Harding Clark concluded that “the decision of the Pre-Trial Chamber must be quashed and Case 003 against Meas Muth should be terminated”. 

The decision is available on the ECCC website: 

https://eccc.gov.kh/sites/default/files/documents/courtdoc/%5Bdate-in-tz%5D/3_1_1_1_EN.PDF 

This press release is disseminated by the Public Affairs Section under internal Rules 9(4) and 21(c) to provide information to the public.


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