Leaving aside Judge Kasper-Ansermet’s claim to be a co-investigating judge of the ECCC without having been appointed by the Supreme Council of the Magistracy, does anyone besides me find it strange that his first proposed action is to re-open an investigation already concluded by his predecessor?
If that is permissible, what does it mean for other decisions of the ECCC?
If a judge of the ECCC Supreme Court finds it necessary to resign, can his or her replacement decide to re-open the recent appeal ruling on Case 001?
If a Trial Chamber judge resigns, can the new judge decide that Duch’s lawyers’ disagreements with one another messed up his case on the final day of his trial and, in the interests of fairness, that day’s proceedings should be re-run?
If so, this creates some problems for Cambodian and international NGOs: should they support the appointment of the reserve judge in such a situation?
Clearly, it is incumbent on the reserve judges of all chambers of the ECCC to ease the NGOs’ decisions by indicating well in advance what they would rule in any impending case — as Judge Kasper-Ansermet did on his Twitter page.
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