Today, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia concluded three days of hearings in Case 004/2 against AO An. The International Co-Prosecutor, the Deputy National Co-Prosecutor, and National and International Defence Co-Lawyers presented their arguments on the case. AO An provided the Pre-Trial Chamber with a medical report stating that for health reasons he was unfit to travel the long distance to the Court. He was represented by his Co-Lawyers at the hearing.
The Pre-Trial Chamber was seised of the Appeals lodged by the National Co-Prosecutor and the Co-Lawyers for AO An, on 14 December 2018 and 19 December 2018, respectively, against the Closing Order (Indictment), issued by the International Co-Investigating Judge on 16 August 2018 in Case 004/2, and the Appeal lodged by the International Co-Prosecutor on 20 December 2018 against the Order Dismissing the Case against AO An, issued by the National Co-Investigating Judge on 16 August 2018 in Case 004/2.
A case report, which sets out the relevant facts and procedural history of Case 004/2, as well as the details of the Appeals currently before the Chamber, has been issued on behalf of the whole Pre-Trial Chamber. The public redacted version of the report is available at:
https://www.eccc.gov.kh/sites/default/files/documents/courtdoc/%5Bdate-in-tz%5D/D359_7_Redacted_EN.PDF
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The Pre-Trial Chamber will determine if AO An satisfies the criteria of the court’s jurisdiction and whether there are sufficient charges to indict him for the crimes alleged or the charges against him should be dismissed. The Chamber will now adjourn to deliberate on its decision. The decision would be final with no further appeals.