Logo of Phnom Penh Post newspaper Phnom Penh Post - Judges show cards in 003

Judges show cards in 003

Judges show cards in 003

JUDGES at the Khmer Rouge tribunal appear to have given their most candid reasons yet for their apparent refusal to fully investigate Case 003 in a decision made public yesterday.

The court’s co-investigating judges rejected a request by international co-prosecutor Andrew Cayley that they investigate Case 003 further, according to a July 27 decision released yesterday in redacted form.

“It is still not apparent that the ICP is giving sufficient consideration to the basic jurisdictional requirement of Article 2 ECCC Law, namely that the suspects in Case 003 must be “senior leaders” of DK [Democratic Kampuchea] or “most responsible” for crimes committed during that period [1975 to 1979],” judges You Bunleng and Siegfried Blunk wrote.

After the judges had declared their investigation into the case closed in April, Cayley requested they conduct further investigation – including suspect and witness interviews and crime site examinations – as he is permitted to do by court rules. The judges rejected the request on a technicality, but Cayley re-filed his submission and appealed to the Pre-Trial Chamber.

The judges also stated that Cayley should have made his request prior to the closure of the investigation.

“The decision confirms what everyone already suspected: that the CIJs didn’t conduct a rudimentary investigation in case 003 because they are asserting that suspects are neither ‘senior leaders’ nor ‘most responsible,’” Anne Heindel, a legal adviser at the Documentation Center of Cambodia, said by email yesterday.

The court has come under allegations of bowing to political pressure for its failure to investigate Case 003, which is opposed by the government.

MOST VIEWED

  • Angkor Wat named as the top landmark for the second year

    Travel website TripAdvisor has named Cambodia’s ancient wonder Angkor Wat as the top landmark in the world for the second year running in their Travelers’ Choice Award 2018, an achievement Cambodian tourism operators expect will attract more tourists to the Kingdom. The website uses traveller

  • New US bill ‘is a violation of Cambodian independence’

    After a US congressmen introduced bipartisan legislation that will enact sanctions on Cambodian officials responsible for “undermining democracy” in the Kingdom, government officials and the ruling Cambodian People’s Party on Sunday said they regarded the potential action as the “violation of independence and sovereignty

  • Ministry’s plan for net sparks fears

    The government has ordered all domestic and international internet traffic in the Kingdom to pass through a Data Management Centre (DMC) that has been newly created by the state-owned Telecom Cambodia, in a move some have claimed is an attempt to censor government critics. Spokesman

  • Hun Sen detractors ‘will die’

    Prime Minister Hun Sen on Wednesday said those who curse or insult him would eventually die without a plot of land to bury their bodies after being killed by lightning, suffering the same fate as those who recently died in Thmar Baing district in Koh