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

  • US think tank warns of China's 'ulterior motives'

    A US think tank on Tuesday warned that spreading Chinese investment in the Indo-Pacific follows a pattern of leveraging geopolitical influence at the expense of the nations receiving investment, including Cambodia. The report looks at a sample of 15 Chinese port development projects, noting that the

  • More than three tonnes of ivory reportedly bound for Cambodia seized in Mozambique

    A total of 3.5 tonnes of ivory reportedly bound for Cambodia was seized by authorities in Mozambique late last week, according to the NGO Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES' information was based on a report from the

  • Defence Ministry denies weapons in smuggling case came from Cambodia

    After a Thai national was arrested last week for allegedly smuggling guns from Cambodia to Thailand, Cambodia's Defence Ministry has claimed the weapons seized during the arrest are not used in Cambodia, despite the fact that both types of rifle seized are commonly found in

  • Shipwreck found off coast of Koh Kong

    Royal Cambodian Navy researchers are working to identify a decades-old shipwreck found earlier this month off the coast of Koh Kong province. Divers found the 70-metre-long wreck on April 4 about a mile from Koh Chhlam island, according to Navy officials. Deputy Navy Commander Tea Sokha,