ECCC: New Suspect Charged with Genocide in Case 004

ECCCThe International Co-Investigating Judge Michael Bohlander of the Extraordinary Chambers in the Court of Cambodia (ECCC) has charged Ta Tith, or Yim Tith, with crimes including genocide in Case 004.

A statement released today shows that the accused has been charged with genocide against the Khmer Krom, an ethnic minority from Southern Vietnam, as well as with the crimes against humanity of murder, extermination, enslavement, deportation, imprisonment, torture, and forced marriage, and grave breaches of the 1949 Geneva Conventions.

Ta Tith was a secretary of the Khmer Rouge’s Northwest Zone at the time of the genocide which took place in the country from 17 April 1975 to 6 January 1979.

The Cambodia Daily reported that Ta Tith had been charged in person at the Court, after which he returned home with his lawyers.

Im Chaem and Maes Muth, suspects in Cases 003 and 004, had been charged with crimes allegedly committed during the Democratic Kampuchea regime earlier this year on 3 March 2015. Maes Muth was a high ranking navy commander in the Revolutionary Army of Kampuchea. Im Chaem was allegedly secretary of Preah Net Preah District in the North-West Zone. Ta An, or Ao An, the former deputy secretary of the Central Zone during the Democratic Kampuchea regime, had been charged on 30 March 2015.

As a result of the formal charges, Ta Tith and his lawyers now have access to the complete case file and are able to participate in the investigation.

Cases 003 and 004 are opposed by the Cambodian government, with Cambodian police having refused to execute arrest warrants issued by the International Co-Investigating Judge last year for suspect Meas Muth and Im Chaem.

“A Well-Reasoned Opinion?”

Former Khmer Rouge leader Nuon Chea appe

Nuon Chea (left) and Khieu Samphan

The Asian International Justice Initiative (AIJI) has written and published “A Well-Reasoned Opinion? Critical Analysis of the First Case Against the Alleged Senior Leaders of the Khmer Rouge”, a final, comprehensive report on the trial of Nuon Chea and Khieu Samphan in Case 002/01 at the Extraordinary Chambers in the Courts of Cambodia (ECCC).

On 7 August 2014, the ECCC reached an important institutional milestone when the Court published its long-awaited Trial Judgment in the first case against two of the surviving alleged senior leaders of the Khmer Rouge—Nuon Chea and Khieu Samphan The Court found both men guilty of crimes against humanity, and sentenced them each to life imprisonment, while awarding “moral and collective reparations” to the 3,869 Civil Parties participating in the trial.

Despite hopes that the five-year process of judicial investigation, trial, deliberation, and Judgment-drafting would produce a rigorous and insightful final product, in reality, this report argues, the Case 002/01 Judgment fails to deliver the most fundamental output one expects from a criminal trial—systematic application of the elements of crimes to a well-documented body of factual findings. Based, in part, on insight gained from the continuous presence of a team of trial monitors throughout trial, this report provides commentary on “how a contentious and confusing trial process in Case 002/01 ultimately produced a similarly problematic final Judgment.”

Two New Suspects Charged by Cambodia’s Khmer Rouge Tribunal

ECCC

The Extraordinary Chambers in the Courts of Cambodia

On 3 March, the International Co-Investigating Judge Mark Harmon of the UN-backed Extraordinary Chambers in the Courts of Cambodia (ECCC) charged two former Khmer Rouge members with several crimes committed during the Democratic Kampuchea regime.

The suspects in both cases, known as Cases 003 and 004, have been charged in absentia. Both suspects are thought to be among those most responsible for Khmer Rouge atrocities committed between 17 April 1975 and 6 January 1979.

Meas Muth, suspect in Case 003, is said to have had authority over sending people to S-21, the notorious security prison, where they were tortured and ultimately killed. A high ranking navy commander in the Revolutionary Army of Kampuchea, Muth is accused of torture and killing of Vietnamese, Thai and other foreigners captured at sea and on the islands over which Democratic Kampuchea claimed sovereignty. He is also charged with having committed Grave Breaches of the Geneva Conventions of 1949.

Im Chaem, a former district commander was charged with homicide, the crimes against humanity of murder, extermination, enslavement, imprisonment, persecution on political grounds and other inhumane acts at the Phnom Tryoung security centre in Banteay Meanchey province. She was further charged with the crimes against humanity of murder, enslavement, imprisonment and other inhumane acts for her role at the Spean Sreng work site. Continue reading