Im Chaem

Im Chaem was charged in absentia on 3 March 2015. On 18 December 2015, the Co-Investigating Judges filed a notice of conclusion of the judicial investigation against Im Chaem. The proceedings against Im Chaem were severed into a new case file, Case 004/01 on 5 February 2016. On 22 February 2017, the Co-Investigating Judges issued the dispositive part of the Closing Order in Case 004/01 dismissing the case against Im Chaem. On 10 July 2017, the full reasoning of the Closing Order was issued. Pre-Trial Chamber is seised of an appeal filed by the international co-prosecutor against the Closing Order in case 004/01.  On 11 and 12 December 2017, the Pre-Trial Chamber held hearings in case 004/01 to hear the arguments of the parties before it issues its decision on the appeal.

On 28 June 2018, 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.