ECCC Issues Two Separate Closing Orders Against Another Khmer Rouge’s Leader
AKP Phnom Penh, November 28, 2018 --
Today, the Co-Investigating Judges issued two separate Closing Orders in the case against Meas Muth, due to a disagreement about whether Meas Muth is subject to the Extraordinary Chambers in the Courts of Cambodia (ECCC)’s personal jurisdiction as a senior leader or one of the persons most responsible for crimes committed during the period of Democratic Kampuchea.
According to an ECCC's press release, the National Co-Investigating Judge is of the view that Meas Muth does not fall under the ECCC’s personal jurisdiction under either category and dismisses the case against Meas Muth for that reason. In reaching that decision, he considered the degree of participation by Meas Muth and the gravity of the crimes, and other factors such as the substance of the ECCC Law and Agreement as well as the intentions of their drafters.
The International Co-Investigating Judge is of the view that Meas Muth 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 the genocide of the Vietnamese, crimes against humanity, war crimes as well as premeditated homicide under Cambodian law. Some charges could not be substantiated during the investigation and were accordingly dismissed.
Both Judges filed their Closing Order in their own working language with a translation to follow as soon as possible. However, they each provide a summary of their reasons in both languages, to ensure the public is adequately informed of the outcome until the full translations are filed.
Both Judges also made separate decisions on the admissibility of civil party applications.
Meas Muth has been accused of having committed war crimes and crimes against humanity during the Khmer Rouge 1975-1979. He was a member of the communist movement from the 1960s. He served as the Secretary of division 164 of the central area of Cambodia.
By Khan Sophirom