Case 004

Judicial Administration Committee

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 refusal fulfills the necessary requirements).

Rules and Procedure Committee

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)

Office of the Co-Investigating Judges

Pleadings

International Co-Prosecutor’s Urgent Request to Modify the Schedule for the Filing of the Final Submission in Case 004/02 in Light of Limited Translation Resources (26 May 2017) (Requesting that the Co-Investigating Judges modify the filing schedule so that the submission can be translated into Khmer).
International co-prosecutor’s response to the International Co-Investigating Judge’s Call for Submissions Regarding Crimes Against Humanity (19 May 2016).
Ao An’s submission on whether an attack by a state or organization against members of its ownarmed forces could qualify as a crime against humanity under Customary international law in 1975-1979 (19 May 2016).
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 Benlung’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

Decision on Yim Tith’s Request for Extension of Deadline for Notice of Appeal of Closing Orders in Case 004 (19 July 2019) (Granting the request and ordering the parties to file any Notices of Appeal against the Closing orders in Case 004 within fourteen days after translation of both Closing Orders have been notified).
Order Dismissing the Case Against Yim Tith (28 June 2019) (The National Co-Investigating Judge dismisses the case against Yim Tith).
Order Terminating the Remainder of the Investigation in Case 004 (28 June 2019) (Terminating the remainder of the investigation in Case 004, including the Rule 67 Facts as defined and set out in paragraph 5 of the International Co-Investigating Judge’s closing order, to the extent that it was not addressed in the previously issued closing orders in case 004).
Order Rejecting Civil Party Applications (28 June 2019) (The National Co-Investigating Judge rejects all Civil Party Applications in Case 004).
Order on Admissibility of Civil Party Applications (28 June 2019) (Order by the International Co-Investigating judge declaring all civil party applications listed in Annex A admissible; declaring all civil party applications listed in Annex B inadmissible; Declaring that the civil party applications and related documents in Annex C be considered as complaints; rejecting the request for protective measures made by the Requesting Applicant).
[REDACTED] Closing Order (28 June 2019) (Indicting Yim Tith for genocide, crimes against humanity, war crimes, and violations of the 1956 Penal Code).
Closing Order (Indictment) (16 Aug. 2018) (Indicting Ao An for genocide, crimes against humanity, and violations of the 1956 Penal Code).
International Co-Investigating Judge’s Order on Admissibility of Civil Party Applicants (16 Aug. 2018).
[REDACTED] Forwarding Order Pursuant to internal rule 66 (4) in Case 004 (1 March 2018).
Decision on Ao An’s Urgent Request for Disclosure of Documents Relating to Disagreements (18 Sept. 2017) (Denying the request).
[REDACTED] Second Notice of Conclusion of Judicial Investigation Against Yim Tith (5 Sept. 2017).
[REDACTED] Combined Decision on the Impact of the Budgetary Situation on Cases 003, 004, and 004/2 and Related Submissions by the Defence for Yim Tith (11 Aug. 2017) (Deferring the decision on a stay for the time being).
Notice of Conclusion of Judicial Investigation Against Yim Tith (13 June 2017) (Notifying the parties and their lawyers that the investigation against Yim Tith has been concluded, and informing the parties that they may request further investigative action within 15 days).
Decision on the International Co-Prosecutor’s Request to Modify the Schedule for the Filing of Final Submissions (5 June 2017) (Authorizing the International Co-Prosecutor to file submissions in English and Khmer by 21 August 2017).
Notification Pursuant to Internal Rule 66 bis (2) (04 May 2017) (Notifying the parties of the OCIJ’s intention to exclude Facts 6, 13, 14, and facts relating to Crime Sites 8, 14, 15, 23, 24, and 25 from the investigation pursuant to Internal Rule 66 bis).
Second Notice of Conclusion of Judicial Investigation Against Ao An (29 March 2017) (Notifying the parties that the investigation against Ao An has been concluded, and informing the parties that no period for further investigation is required under the Internal Rules, and hence none is granted).
Order Amending the Charges Against Yim Tith (29 Mar. 2017) (Informing Yim Tith of the amended charges in the Annex to this order).
Notice of Provisional Discontinuance Regarding Facts Relating To Six Crime Sites (17 March 2017).
Notice of Intention to Add Modes of Liability by Way of Judicial Order and of Provisional Discontinuance (20 Jan. 2017).
Notice of Conclusion of Judicial Investigation Against Ao An (16 Dec. 2016) (Notifying the parties and their lawyers that the investigation against Ao An has been concluded and that the parties may request further investigative action within 15 days).
Order for Severance of Ao An from Case 004 (16 Dec. 2016) (Ordering the severance of Ao An from case 004; instructing the Greffier to create a case file numbered 004/02; and informing Yim Tith and Im Chaem’s defence teams that they will have access to case file 004/02).
Notice of Placement on the Case File of Available Records Relating to the Establishment of the ECCC (19 Sept. 2016) (Instructing the Greffier to place on Case File 004 documents listed in the Annex to this decision and the correspondence between the Office of the Co-Investigating Judges and the United Nations for the provision of these documents).
Notice of Provisional Discontinuance Regarding Individual Allegations (25 Aug. 2016).
[REDACTED] Consolidated Decision on the Requests for Investigative Action Concerning the Crime of Forced Pregnancy and Forced Impregnation (13 June 2016).
Notice of Extension of Page Limit to Respond to Amicus Curiae Briefs (01 June 2016)
Request for Comments Regarding Alleged Facts not to be Investigated Further (04 Mar. 2016).
[REDACTED] Order for severance of IM Chaem for case 004 (05 Feb 2016).
Notice of Conclusion of Judicial Investigation Against IM Chaem (18 Dec 2015).
Decision on Request to the Co-Investigating Judges to Order the OCIJ Greffier to Immediately Place the Defence’s Filings on the Case File (4 Aug 2014).
Decision on Motion for Annulment of Investigative Action Pursuant to Internal Rule 76 (22 Apr 2014)
Decision on the [Name Redacted] Defense Requests to Access the Case File and Take Part in the Judicial Investigation (31 Jul 2013).
Lawyer’s Recognition Decision Regarding KONG Phallack and Mahdev MOHAN on Case File 004 (01 Jul 2013).
Decision on Motion and Supplemental Brief on Suspects Right to Counsel (17 May 2013).
Lawyer’s Recognition Decision Concerning All Civil Party Applications on Case File No.004 (1 Apr 2013) (Accrediting and recognizing the 20 lawyers willing to represent the victims before the ECCC).
Note on the Placement of Documents on Case File 004 (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 004)

Pre-Trial Chamber

Pleadings

Response to International Co-Prosecutor’s Request for All Required Administrative Actions to Be Taken to Forward Case File 004/02 (Ao An) to the Trial Chamber (18 Feb. 2020) (Requesting that the Pre-Trial Chamber deny the International Co-Prosecutor’s Request on the grounds that Case 004/02 was effectively terminated on 19 Dec. 2019; Table of Authorities).
International Co-Prosecutor’s Request for All Required Administrative Actions to be Taken to Forward Case File 004/2 (Ao An) to the Trial Chamber (4 Feb. 2020) (Requesting the Pre-Trial Chamber to take all necessary administrative actions to ensure that the Case 004/02 (Ao An) Indictment and remaining Case File are immediately transferred to the Trial Chamber; Table of Authorities).
International Co-Prosecutor’s Request for Extensions for Her Response and Reply Relating to the Appeals in Case 004 (16 Dec. 2019).
Yim Tith’s Urgent Request for Extension of Page and Time Limits for His Responses to the Appeals of the Closing Orders (11 Dec. 2019).
Yim Tith’s Reply to the International Co-Prosecutor’s Response to Yim Tith’s Request for Extension of Page and Time Limits for His Appeal of the Closing Orders (4 Oct. 2019) (Requesting that the Pre-Trial Chamber disregard the International Co-Prosecutor’s Response to Yim Tith’s Request as Irrelevant).
Request to File Yim Tith’s Reply to the International Co-Prosecutor’s Response to Yim Tith’s Request for Extension of Page and Time Limits for His Appeal of the Closing Orders in One Language (4 Oct. 2019) (Requesting that the Pre-Trial Chamber allow the Defence to file the Reply in English only until the Interpretation and Translation Unit is able to deliver the Khmer translation).
International Co-Prosecutor’s Response to Yim Tith’s Request for Extension of Page and Time Limits for His Appeal of the Closing Orders (25 Sept. 2019) (Not opposing the page and time limit extensions requested by Yim Tith’s defence team but requesting that Yim Tith respond separately to the issues from the Indictment order and the Dismissal order, with neither document exceeding 100 pages).
International Co-Prosecutor’s Request to File Her Response to the National Co-Prosecutor’s Appeal Against the Indictment in English First (25 Sept. 2019)
International Co-Prosecutor’s Request for an Extension of the Time and Page Limits for Her Appeal Against the Order Dismissing the Case Against Yim Tith (19 Sept. 2019) (Requesting that the Pre-Trial Chamber allow her to extend the time limit for her appeal to 60 days and extend the page limit for her appeal of the dismissal order to 100 pages).
Yim Tith’s Request for Extension of Page and Time Limits for His Appeal of the Closing Orders (17 Sept. 2019) (Requesting a page limit extension to 150 pages and an extension of the time limit to 45 days commencing on the date of receipt of the translation of both Closing Orders)
International Co-Prosecutor’s Response to the National Co-Prosecutor’s Request to File Her Appeal Against the ICIJ’s Indictment in Khmer First (13 Sept. 2019) (Not objecting to the request).
Appeal Against Order on the Admissibility of Civil Party Applicants (13 Sept. 2019).
National Co-Prosecutor’s Request for Filing Her Appeal Brief Against the International Co-Investigating Judge’s Closing Order (Indictment) in Khmer First (12 Sept. 2019)
Civil Party Co-Lawyers’ Urgent Request for an Extension of Time and Pages to Appeal the Civil Party Admissibility Decisions in Case 004 (2 Aug. 2019) (Requesting an extension of the filing deadline for appeals to Civil Party admissibility decisions to 30 days after the notification of the Khmer language translation of the OCIJ Closing Order, and an increase of the page limit to 45 pages).
International Co-Prosecutor’s Response to the Civil Party Co-Lawyer’s Request Regarding the Appeal of the Admissibility Order D384 (D384/1) (31 July 2019) (Not opposing the Civil Party Co-Lawyer’s request for an extension of deadline and page limit).
Civil Party Lawyer’s Urgent Request for an Extension of Time and Pages to Appeal the Civil Party Admissibility Decisions in Case 004 (26 July 2019) (Requesting an extension of the filing deadline for appeals to Civil Party admissibility decisions in Case 004 to 30 days after the notification of the Khmer language translation of the Closing Order; increase the page limit for appeals filings on Civil Party admissibility to 45 pages; and permit the Co-Lawyer for Civil Parties to submit her appeals in a single language, Khmer or English, with translations to soon follow).
Defence Support Section Request for a Stay in Case 004 Proceedings Before the Pre-Trial Chamber and For Measures Pertaining to the Effective Representation of Suspects in Case 004(11 Oct 2011) (Requesting a stay in the proceedings due to a lack of effective legal representation for the suspects in Case 004)

Orders, Decisions and Judgments

Decision on Requests for Extensions of Page and Time Limits for Responses Relating to Appeals in Case 004 (06 Jan. 2019) (Granting the requests in part).
Considerations on Appeals Against Closing Orders (19 Dec. 2019) (Approving that Ao An be sent for trial as provided in the Closing Order (Indictment) and finding that the Trial Chamber be seized on the basis of the Closing Order (Indictment) under Internal Rule 77(13)(b)).
Decision on Yim Tith’s Request for Extension of Page and Time Limits for His Appeal of the Closing Orders in Case 004 (30 Oct. 2019) (Granting the request in part; ordering the the Parties to file separate appeals against each Closing Order in separate documents; allowing the parties to file appeals against the Closing orders within 40 days; allowing the parties to file 100-page submissions on appeals; instructing the ITU to ensure that requested translations are issued within 30 days from the filing of the appeals; denying the rest of the request).
Decision on Yim Tith’s Request that the Pre-Trial Chamber Order the Urgent Provision of an Accurate English Translation of the ORder Dismissing the Case Against Yim Tith and Suspend the Closing Order Appeal Time Limits (26 Sept. 2019) (Ordering the suspension of the time limit for the Parties to file their appeals against the Closing Orders in Case 004 until the notification of the Interpretation and Translation Unit’s corrected translation of the National Co-Investigating Judge’s Dismissal Order).
Decision on Ao An’s Urgent Request for Continuation of Ao An’s Defence Team Budget (2 Sept. 2019) (Finding the Urgent Request inadmissible and denying the request to stay the planned budget reductions).
Decision on Civil Party Co-Lawyers’ Urgent Requests for an Extension of Time and Pages to Appeal the Civil Party Admissibility Decisions in Case 004 (22 Aug. 2019) (Granting the extensions of time and page limits, allowing the Civil Parties to file 45-page appeals to the Civil Party admissibility decisions in Case 004 in English or French, or 90-pages in Khmer, within 30 days from the notification in Khmer of the International Co-Investigating Judge’s Closing Order).
Scheduling Order for the Pre-Trial Chamber’s Hearing on Appeals Against Closing Orders (3 June 2019) (Ordering hearings on June 19-21)
[REDACTED] Decision on Requests for Extension of Time and Page Limits for Responses and Replies Relating to the Appeals Against the Closing Orders in Case 004/02 (22 Jan. 2019) (Granting the request in part).
[REDACTED] Decision on Request for Extension of Time and Page Limit for Appeal Against the Closing Order (Indictment) (8 Nov. 2018) (Granting the Request in Part).
[REDACTED] Decision on [Redacted]’s Appeal of the Decision on [Redacted]’s Request for Correction of Translation Errors in Written Records of Interview (19 Oct. 2018) (Rejecting the Appeal as inadmissible under Internal Rule 21).
Decision on Co-Prosecutors’ Request for Extension of Deadlines for Notices of Appeal of Closing Orders in Case 004/2 (5 Sept. 2018).
Decision on Civil Party Requests for Extension of Time and Page Limits (27 Aug. 2018).
[REDACTED] Decision on Application to Annul the Requests for and use of Civil Parties’ Supplementary Information and Associated Investigative Products in Case 004 (20 Aug. 2018).
[REDACTED] Scheduling Order for the Pre-Trial Chamber’s Hearing on Appeal Against Closing Order (14 Nov. 2017) (Ordering a hearing on Dec. 11-12, 2017).
[REDACTED] Decision on Application to Annul the Placement of Case 002 Oral Testimonies onto Case File 004 (26 Oct. 2017) (Rejecting the Co-Lawyers for the Defense’s application to bar oral statements from Case 002 from being added to Case File 004).
[REDACTED] Decision on Appeal of the Decision on Request to Place Materials on Case File 004 (25 Oct. 2017) (Dismissing the appeal as inadmissible).
[REDACTED] Decision on the International Co-Prosecutor’s Request for Additional Time to File His Reply (29 Sept. 2017) (Granting the International Co-Prosecutor until 16 Oct. 2017 to file his reply).
[REDACTED] Decision on Appeal Against Internal Rule 66(4) Forwarding Order (6 Sept. 2017) (Dismissing the appeal as inadmissible).
[REDACTED] Decision on Appeal Against the Decision on Application to Annul the Entire Investigation (5 Sept. 2017) (Dismissing the appeal as inadmissible).
[REDACTED] Decision on the National Civil Party Co-Lawyer’s Request Regarding the Filing of Response to the Appeal Against the Closing Order and Invitation to File Submissions (29 Aug. 2017) (Denying the National Civil Party Co-Lawyer’s request, but inviting submissions on the position of the ECCC within the Cambodian Legal System).
[REDACTED] Decision on Application to Annul the Investigative Material Produced by Paolo Stocchi (25 Aug. 2017) (Annulling one off-the-record interview with appellant, removing two pages of the case file from the record, and dismissing the remainder of the application).
Considerations on Application to Annul Investigative Action and Orders Relating to Kang Hort Dam (11 Aug. 2017) (Finding the application admissible but declaring that the Pre-Trial Chamber has not assembled a majority of votes for a decision on the merits).
[REDACTED] Decision on International Co-Prosecutor’s Appeal of Decision on Request for Investigative Action (11 Aug. 2017) (Finding the appeal inadmissible).
[REDACTED] Considerations on Application to Annul the Investigation Into Forced Marriage in Sangkae District (Sector 1) (25 July 2017) (Finding the application admissible but declaring that the Pre-Trial Chamber has not assembled a majority of votes for a decision on the merits).
[REDACTED] Decision on Request for Suspension of D361/4 Deadline Pending Resolution of Appeal Proceedings (19 July 2017) (Dismissing the suspension request).
[REDACTED] Decision on Appeal Against the 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 (30 June 2017) (Dismissing the Appeal as inadmissible).
[REDACTED] Decision on Appeal Against the Decision on Tenth Request for Investigative Action (26 Apr. 2017) (Finding the Appeal admissible, and dismissing the Appeal)
[REDACTED] Decision on Appeal Against Decision on Seventh Request for Investigative Action (3 Apr. 2017) (Finding the Appeal admissible and dismissing the Appeal).
[REDACTED] Decision on Application to Annul Decisions D193/55, D193/57, D193/59 and D193/61 (15 Feb. 2017) (Dismissing the Application).
[REDACTED] Decision on the International Co-Prosecutor’s Appeal of Decision on Request for Investigative Action Regarding Sexual Violence at Prison No. 8 and in Bakan District (13 Feb. 2017).
[REDACTED] Considerations on Application to Seise the Pre-Trial Chamber With a View to Annulment of Investigation of Tuol Beng and Wat Angkuonh Dei and Charges Related to Tuol Beng (14 Dec. 2016) (Finding the Application admissible but declaring that the Pre-Trial Chamber has not assembled an affirmative vote of at least four Judges to issue a decision on the merits).
[REDACTED] Considerations on Appeal Against Decision on Fifth Request for Investigative Action (16 June 2016).
Decision on YIM Tith ‘s Notice of Withdrawal of Appeal Against the International Co-Investigating Judge’s Decision on Urgent Requests to Reconsider the Disclosure of Case 004 Witness Statements in Case 002/02 (02 June 2016)
[REDACTED] Considerations on Application to Seise the Pre-Trial Chamber With a View to Annulment of Investigative Action Concerning Forced Marriage (17 May 2016) (Finding the Application admissible but declaring that the Pre-Trial Chamber has not assembled an affirmative vote of at least four Judges to issue a decision on the merits).
[REDACTED] Decision Appeal Against Order on ’s Responses D193/47, D193/49, D193/51, D193/53, D193/56 and D193/60 (31 Mar 2016)
[REDACTED] Decision on Appeal Against the International Co-Investigating Judge’s Decision on Motion to Reconsider and Vacate Summons Dated 29 July 2014 (09 Dec 2015).
Decision on Appeal Against the Co-Investigating Judges’ Constructive Denial of His Request For the International Co-Investigating Judge to Reconsider the Disclosure of Case 004 Witness Statements in Case 002/02 (27 Feb 2015).
Decision on Appeal Against the Decision Rejecting his request for Information Concerning the Co-Investigating Judges’ Disagreement of 5 April 2013 (22 Jan 2015).
Decision on Appeal Against the International Co-Investigating Judge’s Clarification on the Validity of a Summons Issued by One Co-Investigating Judge (4 Dec 2014).
Considerations of the Pre-Trial Chamber on Appeal Against the Decision Denying His Application to the Co-Investigating Judges Requesting Them to Seize the Pre-Trial Chamber with a View to Annul the Judicial Investigation (21 Nov 2014)
Decision on [Name Redacted] Appeal Against the Decision Denying his Request for Clarification (13 Nov 2014).
Considerations of the Pre-Trial Chamber on [Redacted]’s Appeal Against the International Co-Investigating Judge’s Decision Denying his Request to Access the Case File And to Take Part in the Investigation (31 Oct 2014).
Decision on Appeal Against Constructive Dismissal of [Redacted]’s Request for Investigative Action (22 Oct 2014).
Decision on Appeal Against International Co-Investigating Judge’s Decision Denying Annulment Motion (13 Oct 2014).
Decision on Appeal Against International Co-Investigating Judge’s Decision Denying Requests for Investigative Actions (30 Sep 2014).
Considerations of the Pre-Trial Chamber on [Name Redacted] Appeal Against the Decision Denying his Requests to Access the Case File and Take Part in the Judicial Investigation (15 Jan 2014).
Considerations of the Pre-Trial Chamber Regarding the Appeal against Order on the Admissibility of Civil Party Applicant [name redacted] (28 Feb 2012).
Opinion of the Pre-Trial Chamber Judges Downing and Chung on the Disagreement between the Co-Investigating Judges Pursuant to Internal Rule 72 (23 February 2012).
Decision on Defense Support Section Request for a Stay in Case 004 Proceedings before the Pre-Trial Chamber and for Measures Pertaining to the Effective Representation of Suspects in Case 004 (20 Feb 2012) (Denying the request).
Considerations of the Pre-Trial Chamber Regarding the Appeal Against Order on the Admissibility of Civil Party Applicant Robert Hamill (14 Feb 2012).

Supreme Court Chamber

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).