KR Tribunal Co-Investigating Judges on Case 003: Kafka himself couldn't have been more "kafkaesque"

Dear All,

Please find below a statement issued by the Co-Investigating Judges (CIJs) of the Khmer Rouge Tribunal ordering the International Co-Prosecutor, Andrew Cayley, to retract information which the CIJs deem violating the Rule of Confidentiality. Theoretically, this sounds fine, except for one small practical problem: Andrew Cayley's published information was widely distributed to the public. So what the CIJs are saying is something akin to this: "OK, since what you published was confidential, you have to retract that statement even though everybody and their next of kin know what that confidential information is." In summary, Kafka himself couldn't have been more kafkaesque than these 2 CIJs.

We would like to thank the CIJs for enlightening us with today's joke of the century. So much for JUSTICE!

KI-Media team

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Statement from the Co-Investigating Judges

Source:  http://www.eccc.gov.kh/en/articles/statement-co-investigating-judges-0

The Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) have noticed the press release entitled “Statement by the International Co-Prosecutor Regarding Case File 003” (the Statement) dated 09 May 2011.

The Statement contained, among other things, information about crimes that according to the opinion of the International Co-Prosecutor required to be judicially investigated, thereby mentioning in detail as part of Case 003 alleged crimes, crime bases and criminal scenarios. Furthermore, the Statement also contained information about intended future actions from International Co-Prosecutor related to the investigative process.

The International Co-Prosecutor lacked legal basis for making the above mentioned information public, and he also violated the Rule of Confidentiality. For these reasons, the Co-Investigating Judges have issued a reasoned Order whereby the International Co-Prosecutor have been ordered to retract the parts of the statements containing this information within three working days.

The Order can be read in its entirety on the ECCC web site:

http://www.eccc.gov.kh/sites/default/files/documents/courtdoc/D14_EN.PDF