Khmer Rouge tribunal judge reopens court's third case

Feb 9, 2012, 12:37 GMT

Phnom Penh - A judge at Cambodia's Khmer Rouge tribunal has reopened investigations into the court's controversial third case, after an earlier probe was deemed 'defective,' according to documents released Thursday.

The order signed by Swiss judge Laurent Kasper-Ansermet on December 2 ruled that 'the judicial investigation in case file 003 must resume.' It stated that a previous investigations had 'deprived suspects, victims and the prosecution of their rights.'

The decision made by the war crimes court's co-investigating judges to close Case 003 investigations without interviewing suspects or inspecting alleged crime sites drew widespread criticism in April.

At the time, international prosecutor Andrew Cayley appealed against the closure citing a litany of judicial failures.

Senior Cambodian officials have repeatedly said that Case 003, along with upcoming Case 004, will not be allowed to reach trial.

But despite the order to reopen the case, Kasper-Ansermet's authority is disputed.

In January, the United Nations accused Cambodia of breaching a 2003 agreement on Khmer Rouge prosecutions when the Phnom Penh judiciary decided not to approve UN-nominated Kasper-Ansermet as international co-investigating judge, following concerns over his use of Twitter.

The UN has stated that Kasper-Ansermet can carry out investigations regardless, but government spokesmen have said the judiciary had the power not to appoint him.

Kasper-Ansermet issued a statement Thursday stating that his Cambodian counterpart at the hybrid court had expressed opposition to 'proposed investigative acts' on the grounds that the Swiss national had no authority to act.

A subsequent memo from the court's pre-trial chamber president, Prak Kimsan, had also not recognized his qualification, said Kasper-Ansermet.

The Swiss judge said the move 'raises serious concerns about the lack of impartiality of Mr Prak Kimsan' and called for him to 'step down voluntarily from any proceedings' related to Cases 003 and 004.

A government spokesman said it would recognize an official decision by the court regarding Case 003, rather than that of a single judge.

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