Pre-Trial Chamber Issues Considerations on International Co-Prosecutor’s Appeal of the Closing Order Against Im Chaem

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.

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