Case 003

Orders, Decisions and Judgments

• Decision of the JAC Regarding the Request to Appoint Two International Judges to Hear the Application for Disqualification of the President of the Pre-Trial Chamber (23 Mar 2012) (Deciding that it is not seized with the authority to appoint two international judges to replace two judges on the panel assigned to adjudicate the matter because it is for the chamber alone to decide whether a recusal fulfills the necessary requirements)

Pleadings

• RPC Response to the International Co-Investigating Judge’s Note of 21 March 2012 (28 Mar 2012) (Explaining that the rejection of Judge Laurent Kasper-Ansermet’s amendment was not motivated by hostility towards the Judge and clarifying its reasons for rejection)

Pleadings

• [REDACTED] Meas Muth’s Request for Leave to Supplement His Response to the International Co-Prosecutor’s Final Submission, D256/12 (6 Aug. 2018).
• [REDACTED] Written Record of Initial Appearance of Meas Muth, D174 (14 Dec. 2015).
• Request for information concerning the validity of a summons issued by one Co-Investigating Judge (13 Aug 2014)
• ICIJ’s Response To Letter requesting for information concerning disagreements recorded on 7 February 2013 and 22 February 2013 (22 Jul 2014).
• International Co-Prosecutor’s Response to Notification Concerning The Suspect’s Request to Access the Case File, participation in the Judicial Investigation and Receive the full Introductory Submission (30 Jul 2014)
• Meas Muth’s Submission on Reconsideration of RICIJ’s Personal Jurisdiction Decision and Decision to Grant Access to the Case File in the Notification of Suspect’s Rights (30 Jul 2014)
• Meas Muth’s request to place all submissions on the case file (1 Jul 2014)
• MEAS Muth’s Request To Reclassify As Public His Request To Rescind The 10 December 2014 Arrest Warrant, His Reply To The International Co-Prosecutor’s Response To MEAS Muth’s Request To Rescind The Arrest Warrant Issued On 10 December 2014, the 4 June Arrest Warrant (26 Jun 2014)
• Appeal Register of MEAS Muth’s Notice of Appeal Against Co-Investigating Judge Harmon’s Continuing Refusal to Place Meas Muth’s Submissions on the Case File and To Act Upon Them (03 Jun 2014)
• MEAS Muth’s Notice Regarding his Counsel of Choice Pending A Pre-Trial Chamber Decision on the Conflict of Interest Appeal and Notice Reaffirming Intent to Exercise Right to Remain Silent (27 May 2014)
• Meas Muth’s Request for the Co-investigating Judges to Explain Their Understanding of What Will Occur in the Event the Co-investigating Judges and Pre-trial Chamber Judges Split as to Whether to Close the Investigation or Whether to Arrest, Charge, or Indict Meas Muth (2 Jan 2014)
• Meas Muth’s Request for Clarification Concerning the Status of the Judicial Investigation (30 Dec 2013)
• Meas Muth’s reply to international co-prosecutor’s reply concerning Meas Muth’s expedited request for the OCIJ to reconsider whether it has jurisdiction to determine alleged conflicts of interest (27 Dec 2013)
• Meas Muth’s Motion Against the Application of Grave Breaches of the Geneva Conventions due to Expiry of the Applicable Statute of Limitations (12 Dec 2013)
• International Co-prosecutor’s Reply concerning MEAS Muth’s expedited request for the OCIJ to reconsider whether it has jurisdiction to determine alleged conflicts of interest (5 Dec 2013)
• MEAS Muth’s request for leave to reply to international co-prosecutor’s reply concerning MEAS Muth’s expedited request for the OCIJ to reconsider whether it has jurisdiction to determine alleged conflicts of interest (18 Dec 2013)
• MEAS Muth’s expedited request for the OCIJ to reconsider whether it has jurisdiction to determine alleged conflicts of interest (26 Nov 2013).
• MEAS Muth’s Notice That He Intends to Exercise His Right to Remain Silent and Any Contact With Him Must Be Made Through His Co-Lawyers (11 Nov 2013).
• MEAS Muth’s motion against the application of JCE III (28 Oct 2013)
• MEAS Muth’s motion against the application of crimes listed in article 3 new of the establishment law (national crimes) (24 Oct 2016)
• MEAS Muth’s request for the OCIJ’s criteria concerning “Senior Leaders of Democratic Kampuchea and those who were most responsible (17 Oct 2013).
• MEAS Muth’s request for the OCIJ to compel the OCP to provide the Defence with its criteria concerning “Senior Leaders of Democratic Kampuchea and those who were most responsible” (17 Oct 2013).
• International Reserve Co-Prosecutor’s Reply concerning Conflict of Interest of Co-Lawyers-Designate (11 Oct 2013).
• Annex 11: MEAS Muth’s request for clarification concerning whether the Defence may conduct investigations at the current stage of the proceedings (2 Oct 2013).
• Request to be provided with full Introductory Submission and supporting material (26 Sep 2013).
• Meas Muth’s request to access the case file and participate in the judicial investigation (29 August 2013).
• Response to the International Reserve Co-Investigating Judge’s Note of 21 March 2012 (28 Mar 2012) (Responding to the Rules and Procedure Committee’s response and stating that the grounds for concern remain valid)
• Your Letter of 27 February 2012 (5 Mar 2012) (Responding to Judge You Bounleng’s letter and stating Judge Laurent Kasper Ansermet’s authority to act as Reserve International Co-Investigating Judge)
• Abrupt Stop of Unlawful Acts and of the Use of My Name to Link to These Acts (27 Feb 2012) (Stating that Judge You Benlung does not recognize Judge Laurent Kasper Ansermet’s authority as a Reserve International Co-Investigating Judge and asking Judge Laurent Kasper Ansermet to stop his unlawful actions)

Orders, Decisions and Judgments

• Order Dismissing the Case Against Meas Muth (28 Nov. 2018) (Finding that the ECCC has no personal jurisdiction over Meas Muth on the grounds that . his participation was neither active nor proximate to the commission of the crimes).
• Closing Order (28 Nov. 2018) (Indicting Meas Muth for Genocide, Crimes Against Humanity, War Crimes, and Violations of the 1956 Penal Code, and terminating the remainder of the investigation).
• Order on Admissibility of Civil Party Applications (28 Nov. 2018) (Declaring admissible all civil party applications listed in Annex A; declaring inadmissible all civil party applications listed in Annex B; Declaring that all civil party applications in Annex C be considered as complaints).
• Decision on Meas Muth’s Request for Leave to Supplement his Response to the International Co-Prosecutor’s Final Submission (22 Aug. 2018).
• Order to Place Decisions Regarding Disagreements Onto Case File 003 (18 Sept. 2017).
• Second Notice of Conclusion of Judicial Investigation Against Meas Muth (24 May 2017).
• Notification on the Interpretation of ‘Attack Against the Civilian Population’ in the Context of Crimes Against Humanity With Regard to a State’s or Regime’s Own Armed Forces (7 Feb. 2017) (Finding that, under the law of crimes against humanity as it existed between 1975 and 1979, an attack by a state or organization against its own armed forces amounted to an attack against a civilian population for the purpose of Article 5 of the ECCC Law).
• Notice of Conclusion of Judicial Investigation Against Meas Muth (10 Jan. 2017) (Notifying the parties and their lawyers that the investigation against Meas Muth has been concluded; informing the parties that they may request further investigative action within 30 days).
• Decision to Reduce the Scope of Judicial Investigation Pursuant to Internal Rule 66 bis (10 Jan. 2017).
• [REDACTED] Decision Related to (1) Appeal Against Decision on Nine Applications to Seise the Pre-Trial Chamber With Requests for Annulment and (2) The Two Annulment Requests Referred by the International Co-Investigating Judge (13 Sept. 2016).
• Notice of Placement on the Case File of Available Records Relating to the Establishment of the ECCC (8 Sept. 2016).
• Order on Request to Obtain English Translations of Three German Decisions and one Dutch Decision (21 Jun 2016).
• Notice of Provisional Discontinuance Regarding Individual Allegations (24 Aug. 2016)
• Notice of Extension of Page Limit to Respond to Amicus Curiae Briefs (1 Jun 2016)
• Order for Reclassification as Public of MEAS Muth’s Request for United Nation Archive Materials and Ensuing Correspondence with the United Nations (16 May 2016)
• Call For Submissions by the Parties in Cases 003 and 004 and Call for AMICUS CURIAE Briefs (19 Apr 2016)
• Decision on Meas Muth’s request for clarification concerning crimes against humanity and the nexus with armed conflict (5 Apr 2016)
• Decision on Meas Muth’s motion against the application of JCE III (7 Mar 2016)
• [REDACTED] Decision on Meas Muth’s request for the Co-investigating Judges to clarify whether the defence may contact individuals including (4 Dec 2015)
• Decision on MEAS Muth’s request to reconsider the decision on MEAS Muth’s request to reclassify documents as Public, with confidential annexes (23 Jul 2015)
• Decision On MEAS Muth’s Second Request To Reclassify As Public With Public Annex A And Confidential Annex B (03 Jul 2014)
• Decision On MEAS Muth’s Request To Reclassify As Public With Public Annexes A and B And Confidential Annex C (16 Jun 2015)
• Arrest Warrant of​ Meas Muth (04 Jun 2015)
• [REDACTED] Dismissal Of Allegations Against SOU Met (02 Jun 2015)
• [REDACTED] Notification of Charges Against Meas Muth (3 Mar 2015)
• Decision to charge MEAS Muth in absentia (03 Mar 2015)
• Arrest Warrant of Meas Mut (8 Dec 2014)
• Summons of Meas Mut’s Co-Lawyers for the Initial Appearance of Meas Mut (28 Nov 2014).
• Summons Of Meas Mut For Initial Appearance (26 Nov 2014).
• Order On Suspect’s Request Concerning Summons Signed By One Co-Investigating Judge (26 Sep 2014).
• Order on MEAS Muth’s Request for Leave to Reply on Jurisdiction (19 Dec 2013)
• Order resuming the schedule for filings on the issue of the alleged existence of a conflict of interest in the representation of MEAS Muth (2 Oct 2013).
• Response to MEAS Muth’s request to access the Case File and Participate in the Judicial Investigation (13 Sep 2013).
• Order On The ICP’s Response To Notification Concerning Suspect’s Requests To Access The Case File And Participate In The Judicial Investigation (D82) And The Full Introductory Submission And Supporting Material (D82/2) (31 Jul 2013). 
• Lawyer’s Recognition Decision Concerning All Civil Party Applications on Case File No.003 (26 Feb 2013) (Accrediting and recognizing the 14 lawyers willing to represent the victims before the ECCC in Case 003).
• Decision on Personal Jurisdiction and Investigative Policy Regarding Suspect (2 May 2012) (Deciding this suspect was also a Khmer Rouge official and that the ECCC has the jurisdiction to bring the suspect to justice)
• Decision on Personal Jurisdiction and Investigative Policy Regarding Suspect [Redacted] (2 May 2012) (Deciding that the suspect was a Khmer Rouge official and that the ECCC has the jurisdiction to bring the suspect to justice)
• Note on the Placement of Documents on Case File 003 (16 Mar 2012) (Deciding that the Letter of Judge You Bunleng and the response to that Letter shall be placed on the Case File in Case 003)
• Order on the Reconsideration of the Admissibility of Civil Party Application of Robert Hamill (24 Feb 2012) (Granting Robert Hamill’s Civil Party application and granting him access to Case File 003)
• Order on Resuming the Judicial Investigation (2 Dec 2011) (Ruling that the judicial investigation in Case 003 must resume pursuant to the Introductory Submission and declaring admissible the International Co-Prosecutor’s requests for investigative action)
• Considerations of the Pre-Trial Chamber Regarding the International Co-Prosecutor’s Appeal Against the Decision on Time Extension Request and Investigative Requests Regarding Case 003 (2 Nov 2011) (Rejecting the International Co-Prosecutor’s request to publish a redacted version of the first Case File 003 Investigative request because it could not get an affirmative vote of at least four judges to reach a decision on the appeal)
• TNT Delivery Tracking of Corrected Decision to Civil Party Rob Hamill (19 Aug 2011) (Acknowledging service of the Order on the Admissibility of Civil Party Application of Robert Hamill, D11/2/3)
• Order on International Co-Prosecutor’s Public Statement Regarding Case File 003 (18 May 2011) (Ordering the International Co-Prosecutor to file a retraction of a public statement he made related to the Case 003 investigation)
• Notice of Conclusion of Judicial Investigation (29 Apr 2011) (Notifying the court that the Office of Co-Investigating Judges have concluded the Case 003 investigation)

Notes

• Note of the International Reserve Co-Investigating Judge to the Parties on the Egregious Dysfunctions Within the ECCC Impeding the Proper Conduct of Investigations in Cases 003 and 004 (21 Mar 2012) (Outlining Judge Laurent Kasper-Ansermet’s allegations that serious irregularities, dysfunctional situations, and violations of procedure exist in the ECCC so as to impede and endanger the pursuit of a fair and just trial in Case 003 and 004)

Pleadings

• Meas Muth’s Notice of Intent to Exercise Right to Remain Silent and Waiver of Right to Attend Hearings on the Appeals Against the Closing Orders (18 Oct. 2019)
• Meas Muth’s Notice of Intention to be Heard at the Hearing Concerning the Appeals Against the Closing Orders (11 Sept. 2019) (Notifying the Pre-Trial Chamber that the Defence is able to attend hearings concerning the appeals against the closing orders between 25 and 29 November).
• International Co-Prosecutor’s Response to Pre-Trial Chamber’s Notice to the Parties Regarding the Hearing of the Appeals of Closing Orders in Case 003 (9 Sept. 2019) (Notifying the Pre-Trial Chamber of the International Co-Prosecutor’s intention to attend hearings between 25 and 29 November).
• MEAS Muth’s request to be provided with material from the case 004 case file (4 Apr 2014)
• Returning the Documents Communicated to Pre-Trial Chamber by the Office of Administration (3 Feb 2012) (Stating that Documents shall be returned to the Office of Administration because PTC judges have not reached their consent to take the substance of the documents into consideration)
• Defence Support Section Request For a Stay in the Proceedings Before the Pre-Trial Chamber and For Measures Pertaining to the Effective Representation of Suspects in Case 003 (29 July 2011) (Requesting that the PTC order a stay of the proceedings in Case 003 to allow the Defence Support Section to take all necessary steps so that suspects in Case 003 may have the proper legal representation)
• Appeal Against Order on the Admissibility of Civil Party Applicant (D11/4/3) (Case 003) (3 Oct 2011) (Requesting that the PTC declare the appeal admissible, set aside the order deeming the Appellant inadmissible, and grant the Civil Party status in Case 003)
• Considerations of the Pre Trial Chamber Regarding the International Co-Prosecutor’s Appeal Against the Decision on Re-Filing of Three Investigative Requests (15 Nov 2011) (Stating the Impugned Order should be overturned and that the filing of the Three Re-Filed Investigative Requests should be recognized as valid)
• International Co-Prosecutor’s Appeal Against the “Order on International Co-Prosecutor’s Public Statement Regarding Case File 003″ (25 May 2011) (Requesting the Pre-Trial Chamber to either void or invalidate the order)

Orders, Decisions and Judgements

• Scheduling Order for the Pre-Trial Chamber’s Hearing on Appeals Against Clothing Orders (24 Oct. 2019) (Ordering hearings for November 27-29, 2019).
• Decision on Case 003 Defence’s Urgent Request to Access the Case 004/2 Appeal Hearings (7 June 2019) (Rejecting Meas Muth’s request to observe the proceedings in Case 004/02 on June 19, 20, and 21, 2019).
• [REDACTED] Decision on Application for the Annulment of Torture-Derived Written Records of Interview (24 July 2018).
• [REDACTED] Decision on Request for Annulment of D114/164, D114/167, D114/170, and D114/171 (13 Dec. 2017) (Determining that certain pieces of evidence are not torture-tainted).
• [REDACTED] Decision on Consolidated Appeal Against the International Co-Investigating Judge’s Consolidated Decision on Requests for Reconsideration of Disclosure (D193/76 and D193/77) and the International Co-Prosecutor’s Request for Disclosure (D193/72) and Against the International Co-Investigating Judge’s Consolidated Decision on International Co-Prosecutor’s Requests to Disclose Case 004 Document to Case 002 (D193/70, D193/72, D193/75) (15 Feb. 2017) (Finding the Appeal admissible).
• [REDACTED] Decision on Appeal Against International Co-Investigating Judge’s Consolidated Decision on the International Co-Prosecutor’s Requests to Disclose Case 003 Documents Into Case 002 (D100/25 and D100/29) (15 Feb. 2017) (Dismissing the Appeal as inadmissible).
• [REDACTED] Decision Related to (1) Appeal Against Decision on Nine Applications to Seise the Pre-Trial Chamber With Requests for Annulment and (2) The Two Annulment Requests Referred by the International Co-Investigating Judge (13 Sept. 2016) (Finding that the International Co-Investigating Judge should have referred the Kang Keng, Tuek Sap, Ream, Forced Marriage and Witness Interview Applications; Finding admissible the Grave Breaches, Kratie, Kang Keng, Tuek Sap, Ream, Forced Marriage and Witness Interview Applications; Denying the Grave Breaches Application; Declaring that the Pre-Trial Chamber has not assembled an affirmative vote of at least four judges to reach a decision on the merits of the Kratie, Kang Keng, Tuek Sap, Ream, Forced Marriage, and Witness Interview Applications).
• [REDACTED] Decision on Request for the Pre-Trial Chamber to take a Broad Interpretation of the Permissible Scope of Appeals Against the Closing Order and to Clarify the Procedure for Annulling the Closing Order, or Portions Thereof, If Necessary (28 Apr 2016).
• Decision on appeal against Co-Investigating Judge Harmon’s decision on applications to seise the Pre-Trial camber with two applications for annulment of investigative action (23 Dec 2015).
• Decision on MEAS Muth’s Appeal Against Co-Investigating Judge Harmon’s Decision on MEAS Muth’s Motion to Strike the International Co-Prosecutor’s Supplementary Submission (9 Dec 2015)
• Decision on MEAS Muth’s Appeal Against Co-Investigating Judge Harmon’s Notification of Charges Against MEAS Muth (3 Dec 2015)
• Considerations of the Pre-Trial Chamber on Meas Muth’s urgent request for a stay of execution of arrest warrant (23 Sep 2015)
• Decision on MEAS Muth’s Appeal Against the International Co-Investigating Judge’s Decision Refusing Access to the Case File (17 Jun 2015)
• Decision on MEAS Muth’s Appeal Against the Co-Investigating Judges’ Constructive Denial of MEAS Muth’s Motion to Strike the International Co-Prosecutor’s Supplementary Submission (17 Jun 2015)
• Decision on Appeal Against the Co-Investigating Judges’ Constructive Denial of Request to Access the Case File and to Participate in the Judicial Investigation (9 Sep 2014)
• Decision on appeal against international Co-investigating Judge’s continuing refusal to place submissions on the case file and to act upon them (20 Aug 2014).
• [REDACTED] Decision on appeal against the international Co-investigating judge’s decision rejecting the appointment of ANG Udom and Michael KARNAVAS as his Co-lawyer (17 July 2014).
• Decision on Appeal Against the Co-investigating Judges’ Constructive Denial of Fourteen of Submissions to the Office of the Co-investigating Judges (23 April 2014).
• [REDACTED] Decision on Appeal Against the Co-investigating Judges’ Constructive Denial of Fourteen of Submissions to the [Office of the Co-investigating Judges (13 April 2014)
• Decision on Motion for Reconsideration of the Decision on the Defence Support Section Request for a Stay in Case 003 Proceedings Before the Pre-Trial Chamber and for Measures Pertaining to the Effective Representation of Suspects in Case 003(4 Oct 2012) (Dismissing the Motion for Reconsideration because there were no errors of law or injustice in the original decision)
• Considerations of the Pre-Trial Chamber Regarding the Appeal Against Order on the Admissibility of Civil Party Applicant (REDACTED NAME) (28 Feb 2012) (Declaring that they have not assembled an affirmative vote of at least four judges to reach a decision on the Appeal and, therefore, there is no possibility to appeal)
• Opinion of Pre-Trial Chamber Judges Downing and Chung on the Disagreement Between the Co-Investigating Judges Pursuant to Internal Rule 72 (10 Feb 2012) (Stating that since a decision on the disagreement could not be reached, the Order proposed by the Reserve International Co-Investigating Judge shall be executed based on the default provision in Internal Rule 72(4)(d))
• Decision on Defence Support Section Request for a Stay in Case 003 Proceedings Before the Pre-Trial Chamber and For Measures Pertaining to the Effective Representation of Suspects in Case 003 (15 Dec 2011) (Deciding unanimously that the request is inadmissible)
• Considerations of the Pre-Trial Chamber Regarding the International Co-Prosecutor’s Appeal Against the Co-Investigating Judges’ Order on International Co-Proscutor’s Public Statement Regarding Case 003 (24 Oct 2011) (Deciding that the retraction order of the Co-Investigating Judges shall stand and that there is no possibility to appeal)
• Considerations of the Pre-Trial Chamber Regarding the Appeal Against Order on the Admissibility of Civil Party Applicant Robert Hamill (24 Oct 2011) (Declaring there is no possibility to appeal because the chamber could not assemble an affirmative vote of at least four judges to reach a decision on access to the case file or on the issues raised on the appeal)
• Order Suspending the Enforcement of the “Order on International Co-Prosecutor’s Public Statement Regarding Case File 003” (13 June 2011) (Suspending enforcement of the order until resolution of prosecution’s appeal against it)
• Considerations of the Pre-Trial Chamber Regarding the Disagreement Between the Co-Prosecutors Pursuant to Rule 71 (Public Redacted Version) (18 Aug 2009) (Failing to reach a supermajority vote on the disagreement and, therefore, allowing the International Co-Prosecutor to file an introductory submission with the Office of the Co-Investigating Judges, thereby opening Case 003 and Case 004)

Orders, Decisions, and Judgments

• Request for Information in Relation to Investigations into Interference in Case 003 and 004 (5 Mar 2013) (Requesting the Co-Investigating Judges to provide the Chamber with information on their actions and outcomes regarding investigations in Case 003 and 004).