ECCC Publishes Its Considerations on Conflicting Closing Orders in Case 004/2 [1]
On December 19, 2019, the Pre-Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) released its Considerations on Appeals Against Closing Orders in Case 004/02 [3] against AO An. A press release [4] from the ECCC and a statement [5] by the International Co-Prosecutor explain that the ECCC was faced with conflicting closing-investigating judges' orders for the first time. Following an investigation into allegations against AO An, the international co-investigating judges concluded that the case should proceed to trial and issued an order accordingly. However, the national co-investigating judges disagreed, holding that the case against AO An was ultra vires and dismissing the case. In view of the conflicting orders and the failure of the national and international co-investigating judges to reach a supermajority in favor of either conclusion, the Pre-Trial Chamber followed the Rules of the ECCC [6] (Rule 77(13)(b), specifically) and ordered that the case be sent to trial.