Case 003

Summary:

On 7 September 2009, the international Co-Prosecutor filed two Introductory Submissions, requesting the Co- Investigating Judges to initiate an investigation of five additional suspected persons. These two submissions have been divided into what is known as Case files 003 and 004.

The Case 003 Introductory Submission addresses alleged crimes of murder, extermination, torture, unlawful imprisonment, enslavement, persecution and other inhumane acts.  If proven, these acts would constitute crimes against humanity, grave breaches of the Geneva Conventions and violations of the 1956 Cambodian Penal Code.

Although defendants in Case 003 have not officially been named, it has widely been reported that former Navy Commander, Meas Mut, and former Air Force Commander, Sou Met, are the two suspects to be investigated.  Both allegedly oversaw the arrests and transportation of prisoners to the S-21 prison.

On 14 December 2012, defence lawyers Ang Udom and Michael Karnavas were assigned to one of the Case 003 suspects.

Controversy has surrounded both Cases 003 and 004, with several split-decisions of the Pre-Trial Chamber along international and national lines and numerous allegations of political interference.

Indeed, the future of Case 003 remains uncertain, as the judicial investigation was closed on 29 April 2011 by Co-Investigating Judges Siegfried Blunk and You Bunleng, and reopened unilaterally by International Reserve Co-Investigating Judge Laurent Kasper-Ansermet on 2 December 2011.  Kasper-Ansermet acted on the basis that the investigation into Case 003 was closed prematurely and remained manifestly incomplete. Many international critics claim that this highlights a reluctance by the Cambodian government to try Khmer Rouge officials who managed to switch alliances towards the end of the conflict.

The current International Co-Investigating Judge, Mark B. Harmon, has recently clarified that Case 003 remains open and the investigation of the alleged crimes are continuing.  A disagreement with the National Co-Investigating Judge has since been recorded on this point and may go to the Pre-Trial Chamber for determination.

A list of the decisions made by the ECCC for Cases 003 and 004 can be found here:

http://www.eccc.gov.kh/en/case/topic/286 (Case 003) http://www.eccc.gov.kh/en/case/topic/98 (Case 004)

Recent Stories on case 003:

  • Genocide Charges Delivered to Muth Phnom Penh Post | Tuesday, 15 December 2015 | Alessandro Marazzi Sassoon Case 003 suspect Meas Muth was charged with genocide, crimes against humanity, grave breaches of the Geneva Convention and homicide yesterday morning by Khmer Rouge tribunal international co-investigating judge Michael Bohlander in Battambang town. Muth had already been charged in absentia in March by former international co-investigating ...
  • Mr Meas Muth charged in Case 003 Posted 14 December 2015 by ECCC On 14 December 2015, the International Co-Investigating Judge charged Mr Meas Muth with the following alleged crimes: Genocide; Crimes against Humanity, namely murder; extermination; enslavement; imprisonment; torture; persecution; other inhumane acts (inhumane treatment, enforced disappearances, forced labour, forced marriage, rape and attacks on human dignity due to conditions of detention); Grave Breaches of ...
  • The International Co-Investigating Judge Charges Meas Muth in absentia in Case 003 Statement of the International Co-Investigating Judge regarding Case 003 On 3 March 2015, the International Co-Investigating Judge charged Meas Muth in absentia with the following alleged crimes: homicide, as a violation of the 1956 Cambodian Penal Code; Crimes against Humanity of murder, extermination, enslavement, imprisonment, persecution on political and ethnic grounds, and other inhumane acts allegedly ...
  • The International Co-Investigating Judge Charges Meas Muth in absentia in Case 003 Statement of the International Co-Investigating Judge regarding Case 003 On 3 March 2015, the International Co-Investigating Judge charged Meas Muth in absentia with the following alleged crimes: homicide, as a violation of the 1956 Cambodian Penal Code; Crimes against Humanity of murder, extermination, enslavement, imprisonment, persecution on political and ethnic grounds, and other inhumane acts allegedly ...
  • Researchers Probe Alleged KR Island Massacre By Lauren Crothers, Cambodia Daily, 29 August 2014 Koh Tang, an idyllic maritime outpost about 50 km off Cambodia’s southern coast, is best known as the site of the May 1975 Mayaguez incident, when Khmer Rouge forces captured a U.S. container ship and 41 American servicemen died in a rescue attempt. But the attention of researchers at the ...
  • Government-Opposed KRT Investigation Proceeds Phnom Penh Post, 6 July 2013, By Lauren Crothers –   Khmer Rouge tribunal International Co-Investigating Judge Mark Harmon is continuing to push ahead with the cases known as 003 and 004, signing off on the accreditation of two more civil party lawyers who will join the investigations, which the government says should not proceed. The two accreditation ...
  • Death of Sou Met highlights concern over court: monitors Phnom Penh Post, 28 June 2013, By Stuart White and Cheang Sokha –   Former Khmer Rouge Air Force Commander and war crimes suspect Sou Met died on June 14 from complications resulting from diabetes, and was cremated three days later in Battambang, a military official at the base where Met had worked said yesterday. Major General Ek Sam ...
  • Case 003, 004 Victims Told How To Apply As Civil Parties Phnom Penh Post, 4 June 2013, page 2, by Justine Drennan The Khmer Rouge tribunal yesterday circulated a digital version of a new leaflet on how victims of the Khmer Rouge can apply to become civil parties in government-opposed cases 003 and 004 – cases many have publicly doubted will ever be tried. Court spokesman Lars Olsen ...
  • Wanted: Lawyers For Hot Cases Phnom Penh Post, 15 May 2013, front page, by Abby Seiff Forced to investigate government-opposed cases 003 and 004 without the assistance of his national counterparts, the Khmer Rouge tribunal’s international co-investigating judge is seeking to hire his own team of Cambodian lawyers, according to court documents. Judge Mark Harmon “has reached out to representatives of the ...
  • Breath of Life for Stalled Case Phnom Penh Post, 22 April 2013, page 3, by Abby Seiff Twenty lawyers representing hundreds of victims have been given access to the files of cases 003 and 004, following years of inaction and stonewalling by the Khmer Rouge tribunal’s Office of the Co-Investigating Judges. The orders do not, however, change the status of the defence teams, ...

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