Logo of Phnom Penh Post newspaper Phnom Penh Post - Judge alleged misconduct

Judge alleged misconduct

Judge alleged misconduct

One day before co-investigating judges closed investigations into government-opposed Case 003, Kaing Guek Eav, alias Duch, gave evidence that suspects Meas Muth and Sou Met were among those most responsible for the horrors of the Khmer Rouge regime, according to documents obtained by the Post yesterday.

The document was a complaint against Cambodian Judge You Bunleng composed by now-resigned international reserve co-investigating Judge Laurent Kasper-Ansermet, who filed it to the Supreme Council of Magistracy in early May.

“[Kasper-Ansermet] refers this matter to the Supreme Council of Magistracy for consideration of the conduct of Judge You Bunleng by the Disciplinary Council for disciplinary action,” the complaint reads.

“[Kasper-Ansermet] requests the Supreme Council of Magistracy to suspend Judge You Bunleng’s current duties as National Co-Investigating Judge of the Office of the Co-Investigating Judges, until such a time that his conduct is considered by the Disciplinary Council,” the Swiss national wrote.

Kasper-Ansermet recounts a litany of acts by You Bunleng evidencing what he surmises as judicial misconduct in relation to cases 003 and 004.

In June 2010, You Bunleng removed his signature from an order to begin investigations into Case 003 for a number of reasons including “the current context of Cambodian society as a whole and potential impacts that these measures might have on case file 002, which is being conducted with no difficulty”, the complaint alleges.

You Bunleng refused to acknowledge Kasper-Ansermet’s authority at the tribunal, despite several protests by the UN and other international judges.

You Bunleng’s persistence to block Kasper-Ansermet turned into instructions that were disseminated to national staff at the tribunal, according to Kasper-Ansermet.

“It appears clearly that the behaviour of several national staff and their reluctance to collaborate in any way with Judge Kasper-Ansermet originates from the clear instructions on the part of Judge You,” Kasper-Ansermet wrote.

“These instructions given not only to his staff but also to the Court Management Section, made any progress in relation to Case File 003 and Case File 004 virtually impossible, thus interfering with the Administration of Justice,” the Swiss judge added, saying that You Bunleng’s conduct was “unworthy of a representative of the judiciary”.

Officials at the Justice Ministry have not responded to repeated requests by the Post to confirm receipt of the complaint.

To contact the reporter on this story: Bridget Di Certo at [email protected]

MOST VIEWED

  • EU officials: Ending EBA an 18-month procedure

    EU officials have confirmed that it will take a total of 18 months to complete the procedure if Cambodia’s preferential Everything But Arms (EBA) trade agreement is to be withdrawn. According to EU Agriculture and Rural Development spokesman Daniel Rosario, the formal process has not

  • IPU slams government claim

    The president of the Inter-Parliamentary Union (IPU), Gabriela Cuevas Barron, has refuted a claim by the National Assembly that she “highly appreciated the achievements of Cambodia” in its July national elections with a tweet saying “Of course not!” before adding “No congratulations”. A delegation from

  • Conflict lingers on Paris Accords

    As the Kingdom prepares to commemorate on October 23 the 27th anniversary of the signing of the 1991 Paris Peace Accords, which ushered in an end to nearly two decades of civil war, there is political conflict on whether the tenets of the agreement are still being

  • EU agrees VN trade deal despite rights concerns

    The EU on Wednesday agreed to a free-trade agreement (FTA) with Vietnam, a country described as having a “major rights-abusing government”. This comes amid the 28-nation bloc preparing the procedure for a possible withdrawal of Cambodia’s Everything But Arms (EBA) preferential trade agreement on