PRESS STATEMENT

One step forward, two steps back: Rob Hamill’s Civil Party Application in Cases 003 and 004 still in limbo

20 February 2012

Following the Considerations of the Pre-Trial Chamber (PTC) on civil party applicant, Rob Hamill’s Appeal against the decision of the Co-Investigating Judges (CIJs) rejecting his civil claims in Case 003, Mr. Hamill’s Lawyers filed a Request for Reconsideration of his status in Case 003. That Request was filed on 3 January 2012 to the Office of CIJs. Six weeks later, there has still been no acknowledgement of that submission by the Greffier of the Office of the CIJs, nor has the Request been placed on the case file.

On 14 February 2012, the PTC delivered Considerations on a similar appeal by Mr Hamill relating to Case004. In both its Case 003 and 004 Considerations, the PTC unanimously declared that it has not assembled an affirmative vote ofat least four judges on a decision on Mr Hamill’s lawyers request to access the Case File, or to decide on the merits of his Appeals.

In both cases, the three national judges upheld the decision of the CIJs, while the two international judges held that a proper determination on the substance of Mr Hamill’s civil claims could not be made in light of numerous procedural shortcomings in the way the case file documents were handled. These errors included the ‘significant unexplained delays’ in processing documents submitted by Mr Hamill’s legal team; failure to notify Mr Hamill and his lawyers of the rejection order; failure to provide Mr Hamill and his legal team with access to the case files; failure to provide Mr Hamill with information about the scope of the CIJs’ investigation, and failure to forward his application to the Office of the Co-Prosecutors, as a complaint.

Most disconcerting is the continuing procedural irregularities at the Office of the CIJs in the conduct of this current Request for Reconsideration, manifested most recently in the non-placement of Mr Hamill’s Request on the Case File. Following the resignation of Judge Siegfried Blunk in October 2011, International Reserve Co-Investigating Judge Laurent Kasper-Ansermet took on the functions of the international CIJ. As the absence of a super majority vote at the PTC level means that the rejection of Mr. Hamill’s civil party status stands, it is hoped that the Request could be considered afresh by both CIJs, in order that Mr. Hamill receive due recognition for the harm that he suffered, with the additional opportunity for the Office of the CIJs to address, rectify and improve on its past procedural practices and shortcomings.

Civil Party Lawyers welcome the International CIJs’ Order on Resuming the Judicial Investigation into Case 003,and with Judge Kasper-Ansermet’s taking office, it is important that Mr.Hamill’s Request for Reconsideration in Case 003 be properly reconsidered by both CIJs on its merits and in accordance with the proper procedure, so that public confidence can be restored in the CIJs’ ability to ensure legal certainty and transparency in the decisions of its Office, and that victims’ rights at the tribunal is upheld.

Mr SAM Sokong and Ms Lyma NGUYEN

Civil Party Lawyers for Mr. Robert Hamill

SAM Sokong: samsokong@yahoo.com / +855 1260 6101 (Phnom Penh,Cambodia)

Lyma NGUYEN: lyma.nguyen@gmail.com / +61 404 111 579 (Darwin, Australia)

http://www.box.com/s/ocq3v3bdeezq99djvmsy