Universal Jurisdiction Mapping of Cases in France
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Cambodia

Premeditated murder of Ung Boun Hor [CASE DISMISSED]

Type of liability
Personne physique

Alleged perpetrator(s)
X

Nationality of alleged perpetrator(s)
n/a

Legal classification of crime(s)
Crimes against humanity
Premeditated murder
Murder
Torture and acts of barbarity

Source of the complaint
Victim

Ongoing proceedings
non

Regime
4 - 113 CP

Summary of facts

In April 1975, when the Khmer Rouge entered Phnom Penh, the Speaker of the National Assembly took refuge in the French Embassy in Phnom Penh. He was then allegedly handed over to the Khmer Rouge by French officials.

Amnesty International France recalls that everyone is presumed innocent until proven guilty according to law.

Legal proceedings

<p>November 3, 1999: Ms. Billong Ung Boun Hor files a complaint with civil party application against X for “crimes against humanity”, “premeditated murder”, “murder” and “acts of torture and barbarity” before the Créteil High Court.<br />
April 5, 2000: A judicial investigation is opened.<br />
March 24, 2003: FIDH and LDH join as civil parties.<br />
October 24, 2007: The Investigating Chamber of the Paris Court of Appeal declares that the French courts lack jurisdiction and refuses to investigate, on the grounds that passive personality jurisdiction applies only to the direct victims of the offense and that “the harm suffered by the relatives of the disappeared person does not make them direct victims of the offense.”<br />
January 21, 2009: The Court of Cassation quashes the judgment of the Investigating Chamber. The Court accepts the jurisdiction of the French courts, stating that the criterion of presence on the territory extends to persons complicit in the offense.<br />
January 26, 2010: The Investigating Chamber of the Paris Court of Appeal orders the resumption of the investigation.<br />
January 27, 2015: The investigating judge issues a dismissal order, because “despite the differences regarding the exact circumstances of the departure of the Cambodian dignitaries on April 20, 1975, all the witnesses agreed that this departure was part of a voluntary surrender.”</p>

Legal issues

Passive personality jurisdiction/victim admissibility criterion

Complaint

oui

Names of NGOs / Victim(s)

Billon UNG BOUN HOR
FIDH
LDH

Legal basis for jurisdiction (article)

113-7 PC

Court of Assizes judgment

n/a

Court of Appeal ruling

n/a

Court of Cassation ruling

n/a

Sources

FIDH, « La Cour de cassation française relance une procédure concernant des actes de torture commis au Cambodge », 2009

FIDH, Cour de cassation, arrêt du 21 janvier 2009

Le Monde, « En France, le combat de Billon Ung pour faire éclater la vérité sur la disparition de son mari au Cambodge », 2022