Statement of the International Co-Prosecutor of the Extraordinary Chambers in the Courts of Cambodia clarify misunderstanding related to the MEAS Muth case.

On 13th April 2021, the International Co-Prosecutor of the Extraordinary Chambers in the Courts of Cambodia released a statement to inform the public regarding the Pre-Trial Chamber’s 7 April 2021 disposition of appeals in the case against MEAS Muth. This decision caused a small a brief misunderstanding because, apparently, the Pre-Trial Chamber’s decision (“Considerations”) had dismissed the case against MEAS Muth, and then, decided to stop the case from proceeding to trial. Brenda J. Hollis, the International Co-Prosecutor, reformulated this conclusion by saying that there two conflicting closing orders issued by two Investigating Judges. The first one, an indictment order, indicted MEAS Muth for the international crimes of genocide, crimes against humanity and war crimes, as well as violations of the Cambodian Criminal Code, and consequently sent him to trial. The second one, a dismissal order, did not consider that MEAS Muth fall within the tribunal’s personal jurisdiction, which released him from trial. She stressed that under the ECCC’s governing law a “decision” requires agreement of at least four of the five judges of the Pre-Trial Chamber to represent a majority. After the all the judged had voted, there were five votes in favour of the indictment order, which satisfies the majority requirement. Therefore, it has been determined that the MEAS Muth case must go to trial. For further information, please visit: https://www.eccc.gov.kh/en/articles/statements-international-and-national-co-prosecutors-case-003