ECCC urged to quiz new suspects

9 May 2011
AFP

The international co-prosecutor at Extraordinary Chambers in the Courts of Cambodia on Monday called for the unnamed suspects in a politically sensitive new Khmer Rouge case to face questioning.

In a written statement, Andrew Cayley urged the co-investigating judges to examine more crime sites and "summon and question the suspects", adding that he felt their alleged crimes "have not been fully investigated".

In its landmark first trial, the court sentenced former prison chief Kaing Guek Eav to 30 years in jail in July for overseeing the deaths of 15,000 people during the brutal 1975-1979 regime.

That case is now under appeal, while a second trial involving four of the regime's most senior surviving leaders is due to start in the middle of the year.

But the court has been tight-lipped about progress into potential third and fourth cases against another five members of the regime, whose identities remain confidential and details sketchy.

Tribunal Prosecutors Differ on Added Suspects

Tribunal judges will determine whether more suspects should be investigated.

By Sok Khemara, VOA Khmer
Original report from Washington
10 December 2008

Click here to listen to the Khmer audio program

Cambodian and international prosecutors at the Khmer Rouge tribunal disagree on a plan to investigate and charge more than the currently five jailed leaders of the regime, officials said.

International prosecutor Robert Petit would like to investigate as many as six more suspects, a plan that was vetoed by his Cambodian counterpart, Chea Leang, a source close to the tribunal process said.

“This disagreement rests upon the appropriateness of opening new judicial investigations into crimes committed in various locations throughout Cambodia by certain persons considered to be senior leaders of the Khmer Rouge or persons most responsible for crimes under that regime,” the co-prosecutors said in a statement.

No new suspects or charges have been announced beyond the five already in jail, including prison chief Kaing Kek Iev, whose trial is expected to begin early in 2009.

The Pre-Trial Chamber of the courts will now have to rule over the discrepancy, tribunal spokesman Reach Sambath said.

The disagreement comes as the tribunal faces delays in getting five leaders already in jail to trial and charges of corruption and mismanagement.

UN Assistant Secretary-General for Legal Affairs Peter Taksoe-Jensen arrived in Cambodia Sunday to discuss the functioning of the courts with senior Cambodian officials.

Prosecutor dispute at Khmer trial

Tuesday, December 09, 2008
By Guy de Launey
BBC News, Phnom Penh

The government's enthusiasm for the tribunal has often been questioned

Disagreements have arisen at the Khmer Rouge tribunal in Cambodia over whether more people should be investigated.

The UN-appointed prosecutor asked judges to intervene after he and his Cambodian counterpart were unable to move forward.

It is the first time that international and Cambodian officials have had a public disagreement since the tribunal started two years ago.

The court is looking into the deaths of some two million people in the 1970s.

The filing of an official "statement of disagreement" suggests the tribunal may have a serious problem.

Five former Khmer Rouge leaders are in custody awaiting trial on charges of crimes against humanity.

And international co-prosecutor Robert Petit believes several more people should be investigated.

But he has been unable to convince his Cambodian colleague, Chea Leang. And asking the judges to intervene indicates that any attempts to reach a compromise have failed.

Embarrassment

There has always been the potential for the tribunal to hit such a problem.

Although it is backed by the United Nations, it is actually a Cambodian court. And the government's enthusiasm for the process has frequently been called into question.

Many senior figures in the current administration were themselves formerly members of the Khmer Rouge.

And as the number of prosecutions rises, so does the chance of embarrassment - or worse - for people in high places.

But organisations monitoring the tribunal have said that proceeding with more cases is vital for the court's credibility.

KRT co-prosecutors disagree with each other over the pursuit of addditional KR defendants

Phnom Penh (Cambodia) 20 November 2006. Co-prosecutors Robert Petit and Chea Leang during the plenary session of judges for the KR Tribunal (Photo: John Vink/Magnum)

Extraordinary Chambers in the Courts of Cambodia
Office of the Co-Prosecutors

8 December 2008

STATEMENT OF THE CO-PROSECUTORS

On 1 December 2008, in accordance with Internal Rule 71(2) of this Court, the International Co-Prosecutor filed a Statement of Disagreement between the Co-Prosecutors and forwarded it to the Office of Administration for adjudication by the Pre-Trial Chamber. This disagreement rests upon the appropriateness of opening new judicial investigations into crimes committed in various locations throughout Cambodia by certain persons considered to be senior leaders of the Khmer Rouge or persons most responsible for crimes under that regime. The Office of the Administration has since seized the Pre-Trial Chamber of this disagreement for adjudication. It has also forwarded the case files to the Pre-Trial Chamber.

Preliminary investigation of the Co-Prosecutors and adjudication by the Pre-Trial Chamber of disputes between them are, by law, confidential. This is to uphold presumption of innocence, protection of victims and witnesses and, above all, the integrity of the investigative process.

The Co-Prosecutors shall strive to achieve a consensus throughout the process of a judicial determination of this disagreement. Regardless of this disagreement, the Co-Prosecutors have been and shall continue to work together, in all their cases, to ensure that justice is rendered to the victims of the Khmer Rouge.