A Change of Guard

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Tuesday 14 June 2011

CCHR Media Comment: CCHR calls for the ECCC to conduct a full and proper investigation into Case 003 and 004

CCHR Media Comment,
Phnom Penh,
14 June 2011

Media Comment: CCHR calls for the ECCC to conduct a full and proper investigation into Case 003 and 004.

The investigating judges at the Khmer Rouge Tribunal have acknowledged that staffers and a consultant have left the Office of Co-Investigating Judges (the "OCIJ") amid discontent over their handling of the court’s controversial third case. This comes in the wake of recent developments at the Extraordinary Chambers in the Court of Cambodia (the “ECCC”) with regards to Case 003 and 004 which last week saw confidential information surrounding Case 003 leaked to the press.

At this current time there are serious concerns as to whether the United Nations is conceding to the demands of the Royal Government of Cambodia (the “RGC”) to close the doors of the ECCC with the conclusion of Case 002. Recent events offer a clear indication that the current Co-Investigating Judges see it as their prerogative to ensure the closure of the ECCC with the conclusion of Case 002. According to the ECCC’s own interpretation, which can be deduced from its conviction of prison chief Kaing GuekIev in Case 001, its jurisdiction is not limited to a handful of leaders that are alleged to have occupied senior political positions within the Khmer Rouge and the government of the Democratic Republic of Kampuchea. A decision to close the ECCC with the conclusion of Case 002 is not therefore based in law but rather it is a political one.

Commenting on the OCIJ, Ou Virak, President of the Cambodian Center for Human Rights, a non-aligned, independent, non-governmental organization that works to promote and protect democracy and respect for human rights throughout Cambodia, said:

“The turmoil surrounding the OCIJ is unprecedented and demonstrates the need for a full and proper investigation into the merits of Cases 003 and 004. The investigation needs to reach out to all affected parties and impartially judge the evidence in support of - as well as against - the accused. This whole episode surrounding case 003 is a farce. Should the ECCC’s door shut without a full investigation into Cases 003 and 004 the UN will have failed the victims of the Khmer Rouge.”

For more information, please contact Ou Virak (tel: +855 (0) 12 40 40 51 or e-mail: ouvirak@cchrcambodia.org).

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