UN Cambodia war crimes court rejects call to probe Case 3 further [-Travesty of justice at the ECCC]

Clowns In Justice robe: Bandit You Bunleng (L) and Herr Doktor Siegfried Blunk (R)

Jun 7, 2011
DPA

This means victims have just one day to file applications and follows accusations the investigating judges are attempting to bring Case Three to a rapid conclusion.

Phnom Penh - The investigating judges at the UN-backed Cambodian war crimes tribunal in Phnom Pennh Tuesday rejected further investigation into a controversial case known as Case Three concerning former Khmer Rouge blamed for tens of thousands of deaths.

The decision, which is subject to appeal, came a month after international prosecutor Andrew Cayley said the investigation into Case Three was deficient and called for further steps, including questioning the suspects and visiting crime scenes.

The call came in the face of fears that pressure has been applied to shut down Case Three and Case Four as a result of opposition from the Cambodian government and donor fatigue.

The two cases involve five former Khmer Rouge held responsible for tens of thousands of deaths during the movement's rule of Cambodia between 1975 and 1979, when more than 2 million people are thought to have died.

The investigating judges - Germany's Siegfried Blunk and Cambodia's You Bunleng - rejected Cayley's request, saying he did not have the right to make the request as his Cambodian counterpart at the tribunal did not agree more work was needed.

The tribunal is a hybrid UN-Cambodian structure, with local and international staff in equivalent positions throughout.

Anne Heindel, a legal adviser at Phnom Penh's genocide research organization DC-Cam, said the judges had chosen to rule not on the merits of Cayley's request, but on his authority to make the request.

'(Case Three) will always dog the legacy of this court,' she said.

The investigating judges also extended by three weeks a May 18 deadline for potential victims of Case Three crimes to come forward. Cayley had requested a six-week extension.

This means victims have just one day to file applications and follows accusations the investigating judges are attempting to bring Case Three to a rapid conclusion.

Heindel described this as 'the clearest violation of civil party rights we have seen at this tribunal.'

In late May the UN rejected allegations it had interfered with investigations or put pressure on the court regarding Cases Three and Four.

Case Two against four senior surviving leaders of the movement is scheduled to begin June 27.