Cambodia's Khmer Rouge Court Must Fully Investigate Case 003

PHNOM PENH—The Open Society Justice Initiative is calling on the co-prosecutors at the United Nations-backed Khmer Rouge tribunal in Cambodia to ensure the fullest possible investigation into two former senior Khmer Rouge commanders who are the subjects of its third proposed case.

The Extraordinary Chambers in the Courts of Cambodia (ECCC), which combines international and local judicial staff, said on Friday April 29th that its two co-investigating judges, Siegfried Blunk and You Bunleng, had closed their investigation into the tribunal’s third case (Case 003).

The court's co-prosecutors now have until May 14 to call for further investigative actions, before the co-investigating judges decide whether or not the suspects should face trial.

Case 003 is believed to involve Sou Met, the former commander of the Khmer Rouge air force, and Meas Mut, the commander of the navy, and involves allegations of murder, torture, unlawful detention, forced labour and persecution. A fourth proposed case, involving three more suspects, is still being considered by the co-investigating judges.

In a brief statement, the co-investigating judges said that the 003 case file contains more than 2,000 pieces of evidence, comprising more than 48,000 pages. 

But since Judge Blunk took office in December last year, the court’s spokesman has repeatedly said that no field investigations were being carried out. The court has not appointed defense counsel for either suspect, and neither has been questioned by the co-investigating judges.

Prospective civil parties have also not been given any indication of the scope of the investigation, nor direction in filing complaints that could aid in the prosecution of the suspects. 

The Justice Initiative calls upon the co-prosecutors—in particular, the British international co-prosecutor, Mr. Andrew Cayley—to take all steps available to ensure that a full, genuine, and impartial investigation is carried out, including the questioning of suspects and the conduct of field investigations. To this end, requests for further investigative acts should be made immediately.

The Justice Initiative also urges the co-prosecutors to act with as much transparency as is consistent with the needs of justice, given the need to demonstrate the legitimacy of these proceedings to Cambodia’s population and other relatives of victims.

Hun Sen, Cambodia’s prime minister, informed UN Secretary General Ban Ki-moon late last year that no further cases by the court would be “allowed”, beyond its first two trials. The court is currently considering the appeal of Kang Kech Eav, or Duch, the former commander of the Tuol Sleng prison, against a 35 year sentence in its first trial. Its second trial, against the Khmer Rouge’s four surviving top leaders, is expected to open this summer.