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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>
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
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