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.
Case 004 remains the case against Yim Tith after the severance of the case and the creation of case files 004/01 (Im Chaem) and 004/02 (Ao An). On 9 December 2015, the International Co-Investigating Judge charged Yim Tith in Case 004. On 5 September 2017, the judicial investigation in Case 004 was closed for the second time after dealing with a number of additional requests from the parties.
On 28 June 2019, the Co-Investigating Judges issued two separate closing orders in the case against Yim Tith, due to a disagreement about whether Yim Tith 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 Yim Tith does not fall under the ECCC’s personal jurisdiction under either category and dismissed the case against Yim Tith for that reason. The International Co-Investigating Judge was of the view that Yim Tith 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 Yim Tith 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 Co-Lawyers additionally appealed against the issuance of two separate closing orders.