The Phnom Penh Post

International Co-Prosecutor Andrew Cayley gave an interesting presentation at Rutgers on Wednesday, but unfortunately, he did not want to comment on the record about allegations of political interference at the tribunal (particularly in relation to Cases 003 and 004). It would be safe to say, however, in the comments he did make, Cayley expressed "very grave concerns" about the conduct of Cases 003 and 004, as reported in today's Post.

Moreover, Cayley referenced the recent decisions by the Pre-Trial Chamber related to his appeal against a retraction order related to Case 003. Although the chamber found against his appeal, the vote regarding the civil party application of New Zealander Rob Hamill was split along national/international lines, with international judges writing a substantial dissenting opinion questioning the integrity of the Co-Investigating Judges' conduct in Case 003. Read more about it here.

In a public statement released Thursday, Cayley quoted extensively from this dissenting opinion, listing the following findings of the international judges:

Like many journalists, I received a somewhat peculiar message from the Co-Investigating Judges on Thursday. It read that the judges, "have credible information that the content of the Second Introductory Submission which is classified as confidential, has been divulged by a disloyal staff member of the ECCC," and issued a warning "that anyone publishing information from this confidential document is liable to be subjected to proceedings for Interference with the Administration of Justice pursuant to Internal Rule 35."

As James O'Toole explains in today's Post, this warning came in response to an article from the Christian Science Monitor that quoted extensively from the 2008 document. In the document, prosecutors outline allegations against former Khmer Rouge navy commander Meas Mut and air force commander Sou Met. The Monitor article also contends that the leaked document casts doubt on the court's ability to operate independently and suggests that the investigation of Case 003 was inadequate.

After dissemination of the memo related to the "disloyal staff member," activist Theary Seng issued a statement praising the ECCC employee's actions. On behalf of the Association of Khmer Rouge Victims in Cambodia, she wrote:

Rob Hamill capped an emotional day of civil party testimony Monday with an intimate account of how the death of his brother Kerry, who was executed at Tuol Sleng after his yacht drifted off course into Cambodian waters in 1978, devastated his family.

(Rob Hamill/Sovan Philong)

The former Olympic rower described the torture he longed to inflict on prison chief Kaing Guek Eav, alias Duch, for crimes committed during the Khmer Rouge regime:

"Duch, at times I have wanted to 'smash' you, to use your words, in the same way that you smashed so many others," Hamill said in the most confrontational testimony the Khmer Rouge tribunal has yet heard. "At times I have imagined you shackled, starved, whipped and clubbed viciously. I have imagined your scrotum electrified, being forced to eat your own faeces, being nearly drowned and having your throat cut. I have wanted that to be your experience, your reality."