Judge alleged misconduct

You Bunleng (L) and Laurent Kasper-Ansermet

Monday, 28 May 2012
Bridget Di Certo
The Phnom Penh Post

One day before co-investigating judges closed investigations into government-opposed Case 003, Kaing Guek Eav, alias Duch, gave evidence that suspects Meas Muth and Sou Met were among those most responsible for the horrors of the Khmer Rouge regime, according to documents obtained by the Post yesterday.

The document was a complaint against Cambodian Judge You Bunleng composed by now-resigned international reserve co-investigating Judge Laurent Kasper-Ansermet, who filed it to the Supreme Council of Magistracy in early May.

“[Kasper-Ansermet] refers this matter to the Supreme Council of Magistracy for consideration of the conduct of Judge You Bunleng by the Disciplinary Council for disciplinary action,” the complaint reads.

“[Kasper-Ansermet] requests the Supreme Council of Magistracy to suspend Judge You Bunleng’s current duties as National Co-Investigating Judge of the Office of the Co-Investigating Judges, until such a time that his conduct is considered by the Disciplinary Council,” the Swiss national wrote.

Kasper-Ansermet recounts a litany of acts by You Bunleng evidencing what he surmises as judicial misconduct in relation to cases 003 and 004.

In June 2010, You Bunleng removed his signature from an order to begin investigations into Case 003 for a number of reasons including “the current context of Cambodian society as a whole and potential impacts that these measures might have on case file 002, which is being conducted with no difficulty”, the complaint alleges.

You Bunleng refused to acknowledge Kasper-Ansermet’s authority at the tribunal, despite several protests by the UN and other international judges.

You Bunleng’s persistence to block Kasper-Ansermet turned into instructions that were disseminated to national staff at the tribunal, according to Kasper-Ansermet.

“It appears clearly that the behaviour of several national staff and their reluctance to collaborate in any way with Judge Kasper-Ansermet originates from the clear instructions on the part of Judge You,” Kasper-Ansermet wrote.

“These instructions given not only to his staff but also to the Court Management Section, made any progress in relation to Case File 003 and Case File 004 virtually impossible, thus interfering with the Administration of Justice,” the Swiss judge added, saying that You Bunleng’s conduct was “unworthy of a representative of the judiciary”.

Officials at the Justice Ministry have not responded to repeated requests by the Post to confirm receipt of the complaint.