The Phnom Penh Post

Chaem ruling to be appealed

- Erin Handley

THE Khmer Rouge tribunal’s internatio­nal co-prosecutor said he will appeal the investigat­ing judges’ decision to dismiss the case against Im Chaem on the grounds that she was not a senior leader and could not be tried as one of those “most responsibl­e” for the crimes under the regime.

The judges said the former Preah Netr Preah district secretary “had the authority to order executions” and was a “trusted and close aide” of Ta Mok, known as “the butcher”, who purged Khmer Rouge soldiers. Yet ultimately – in a document that was largely censored – they deemed Chaem too lowly in the Khmer Rouge leadership to face the court.

In a document made public on Friday, Internatio­nal Co-Prosecutor Nicholas Koumjian notified the tribunal that he intended to appeal that decision. However, the co-prosecutor declined to comment on the appeal, saying the matter was “covered by orders of confidenti­ality”.

Koumjian’s move goes against the grain of not only the in- vestigatin­g judges but also his Cambodian counterpar­t. Since December last year, National Co-Prosecutor Chea Leang has argued that Chaem fell outside the jurisdicti­on of the tribunal.

Chaem’s defence lawyer, Bit Seanglim, declined to comment, but her legal team in a statement last week urged Koumjian to “appropriat­ely consider and weigh the interests of justice and of Ms. Im Chaem in deciding whether or not to pursue an appeal”. “[A]n appeal is unlikely to respect the boundaries of the law and would weigh heavily against the interests of justice as a whole, including our client’s right to a fair and expeditiou­s trial.”

 ?? NHET SOK HENG/ECCC ?? Internatio­nal Co-Prosecutor Nicholas Koumjian seen during an ECCC hearing in 2015.
NHET SOK HENG/ECCC Internatio­nal Co-Prosecutor Nicholas Koumjian seen during an ECCC hearing in 2015.
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