April 17, 2021

ECCC’s Co-Investigating Judges Issues Closing Orders in the Case of Yim Tith

Today, the Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) issued two separate closing orders in the case against Yim Tith, due to a disagreement about whether he is subject to the 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 ECCC's press release, the National Co-Investigating Judge is of the view that Yim Tith does not fall under the ECCC's personal jurisdiction under either category and dismisses the case against him for that reason. In reaching that decision, he considered the degree of participation by Yim Tith 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 Yim Tith 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 Khmer Krom, crimes against humanity, war crimes as well as domestic offences 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.

The Co-Investigating Judges jointly signed an order terminating the remainder of the investigation in Case 004. This marks the end of all investigations which the Co-Investigating Judges had still been seised of.

Yim Tith is a senior Khmer Rouge who was alleged for the genocide of the Khmer Krom; crimes against humanity, namely murder; extermination; enslavement; deportation; imprisonment; torture; persecution against the so-called 17 April people, East Zone Evacuees, Northwest Zone cadres.

These crimes were allegedly variously committed in Takeo province (Southwest Zone) at Wat Pratheat security centre; Kraing Ta Chan security centre; Preil Village execution site; Wat Angkun execution site; Slaeng Village forest execution site; Prey Sokhon execution site; and Wat Ang Srei Muny; in Battambang province (Northwest Zone) at Koas Krala security centre; Anlong Vil Breng and related execution site; etc.

Source: Agency Kampuchea Press