Meas Muth
Related Case(s) : 003
Alias : Khe Muth, Muth1
MEAS Muth (Born 1938) was the Commander of the Democratic Kampuchea Navy (Division 164) and Secretary of Kampong Som Autonomous Sector. He was charged and indicted by the International Co-Investigating Judge in Case 003, while the National Co-Investigating Judge dismissed his case for lack of personal jurisdiction. The case against Meas Muth was terminated in 2021.
Explore the Khmer Rouge hierarchy to understand his role in the secretive system.
Charges
The National Co-Investigating Judge dismissed the charges against Meas Muth, finding that the ECCC has no personal jurisdiction over him because he was not a senior leader nor among those most responsible.
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Finding that Meas Muth was among one of those most responsible, the International Co-Investigating Judge indicted him for:
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- Genocide
- Crimes against humanity
- Grave breaches of the Geneva Conventions 1949
- Violations of the 1956 Penal Code of Cambodia
- The Pre-Trial Chamber held that the Co-Investigating Judges erred in issuing two contradictory Closing Orders but did not reach the required supermajority for a decision on whether to send the case forward to trial or to dismiss it. 16
- Proceedings were terminated by the Supreme Court Chamber due to lack of a definitive and enforceable indictment. 17
Key Findings
The Co-Investigating Judges’ Closing Orders
Both Co-Investigating Judges found in the Case 003 Closing Orders that there was sufficient evidence that Meas Muth:
The Dismissal Order
The National Co-Investigating Judge found that Meas Muth was not a senior leader or most responsible for DK-era crimes because he:
- Was not a member of the CPK Standing Committee. 23
- As an assistant to the CPK Central Committee, did not have the power to participate in the Committee’s decision-making. 24
- Was one of roughly 50 cadres who held the same position, including zone and division secretaries, who all had to follow the Party’s policies. 25
- Did not have authority to take decisions on his own regarding the arrests and killings of captured persons, even though he was tasked with examining and reporting on Vietnamese and Thai boats entering Democratic Kampuchea waters. 26
- Had no connection to or involvement with S-21 and could not independently decide who to arrest from his division and send to S-21. 27
- Was not present during arrests or inspections at Wat Enta Nhien. 28
- Only reported to and received orders from Son Sen and conveyed them to Battalion 450 for implementation at Stung Hav rock quarry. 29
- Was not linked to the commission of crimes at Detention Centre 801. 30
- Did not participate in crimes committed at RAK security centres and other execution sites. 31
The Indictment
The International Co-Investigating Judge found that Meas Muth was among those most responsible for DK-era crimes because he:
- Was a member of a joint criminal enterprise with Son Sen, Sou Met, Ta Mok, and other senior RAK cadres, sharing the common purpose of implementing the CPK policies to establish cooperatives and forced labor worksites, re-educate “bad-elements” and kill “enemies”, target specific groups, and implement the forced marriage of civilians and soldiers of the RAK. 32
- Had far more extensive authority than most other division commanders, where he reported directly to the Party Centre, controlled civilian activities in the Kampong Som Autonomous Sector, including cooperatives, and ordered the arrest and execution of soldiers and civilians. 33
- Was assigned by Son Sen to assist or command specific military operations for the General Staff and was “closely involved in the removal and displacement” of Division 117’s leadership. 34
- Played a major role in the purges of RAK Divisions 164, 502, 310, and 117. 35
- Had the right to arrest and order the execution of both soldiers and civilians. 36
- Had knowledge of and was involved in arrests and transfers of persons to S-21. 37
- Attended meetings, received reports, reported to the upper echelon, and cooperated with Division 1 in capturing boats of the coast of Koh Kong. 38
- Was responsible for crimes committed at Wat Enta Nhien, despite the lack of reliable evidence showing that he ever visited Wat Enta Nhien or was involved in interrogations there. 39
- Gave direct orders to commanders stationed at Stung Hav, was aware that persons relocated there were considered to be “bad elements,” and visited and escorted Chinese workers there. 40
- Was responsible for executions at Ream Area worksites and execution centres due to his position as Division 164 Commander and Kampong Som Autonomous Sector Secretary. 41
- Was responsible for crimes committed at Tuek Sap Security Centre, despite the lack of reliable evidence showing that he ever visited Tuek Sap. 42
- Was responsible for forced marriage in Kampong Som, having been directly involved in the dissemination of the Party’s marriage policy, even though there is no reliable evidence that he conducted or attended wedding ceremonies. 43
On Appeal of the Closing Orders
- The National Pre-Trial Chamber Judges found that the two Closing Orders are equal in value and the law does not allow the Pre-Trial Chamber to rule that any act of either Co-Investigating Judge has preponderance, and thus the case file should be held at the ECCC Archives. 44
- The International Pre-Trial Chamber Judges upheld that the Indictment, finding that Meas Muth is among those most responsible and that the National Co-Investigating Judge lacked legal authority to issue a Dismissal Order. 45
Ultimate Disposition
- The Supreme Court Chamber held that, in light of the Co-Investigating Judges’ illegal actions in issuing two conflicting Closing Orders, neither Closing Order was valid and in the absence of a definite and enforceable indictment, the case against Meas Muth was terminated before the ECCC. 46
Counsel
Mr. Ang Udom, Mr. Michael G. Karnavas, Mr. Ket Khy (provisional counsel), Mr. Alan Yatvin (provisional counsel), Mr. Bun Rithy (provisional counsel)
Related Documents
Interviews
- Written Record of Initial Appearance of Meas Muth, 8 December 2014, D122.
Telegrams
- DK Telegram, Dear Respected Brother 89, 11 June 1976, E3/1190
- DK Telegram, Dear Respected Brother 89, 31 August 1976, E3/813.
- DK Telegram, Telegram 11 to Brother Mut, 24 September 1976, E3/173.
- DK Telegram, Military Telegram 11 to Brother Mut, 27 September 1976, E3/1223.
- DK Telegram, Military Telegram 15 entitled “Brother Mut please be informed”, 6 October 1976, E3/1225.
- DK Telegram, Telegram 10 Instructions for 164, 4 November 1976, E3/1151.
- DK Telegram, Telegram 09 To Respected Brother 89, 30 May 1977, E3/1127.
- DK Telegram, Telegram Number 00, 31 December 1977, E3/867.
Meeting Minutes
- Minutes of Military Works Meeting in Kampong Som, Deployment of DK Navy, 3 August 1976, E3/824.
- Minutes of Meeting of 164 Comrades, 9 September 1976, E3/158.
- Minutes of Divisional and Regiment Secretary-Undersecretary of Logistics Meeting, 19 September 1976, E3/151.
- Minutes of Meetings of Secretaries and Deputy Secretaries of Divisions and Independent Regiments, 9 October 1976, E3/152, pp. 15-16.