Decision Rejecting UN Selected Judge from Khmer Rouge Tribunals Stands

By: Jessica Ties
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia – Cambodia has announced that it will not overrule the rejection of Judge Kasper-Ansermet who was selected by the United Nations to preside over the Khmer Rouge Tribunal which is also known as the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Cambodian officials have rejected a judge selected by the UN to preside over the Khmer Rouge Tribunal (Photo Courtesy of Radio Free Asia).

According to an official spokesman, Phay Siphan, Cambodia’s Supreme Council of Magistracy is entrusted with final decision-making authority on whether the government would accept the United Nation’s choice of co-investigating judge at the Khmer Rouge Tribunal.

As such, the Cambodian government maintains that they are unable to override a decision made by the top judicial body despite statements by United Nations officials that the rejection is a breach of the ECCC agreement.

Special expert on U.N. assistance to the Khmer Rouge trial, David Scheffer, claims the Cambodia did not have authority under the agreement to prevent Kasper-Ansermet from taking the position.

“Our view is that this particular individual, judge Kasper-Ansermet, has clear authority to fulfill his duties in this country and we look forward to him doing so,” Scheffer stated.

According to Scheffer, Kasper-Ansermet is expected to begin work on the investigation of two individuals suspected to have played a role in the “year zero” revolution that claimed the lives of over two million.

Many believe that his intention to investigate the two individuals is what led to his rejection. Many believe that Cambodia’s government is attempting to prevent the investigation of further cases and the two individual’s in question have been particularly controversial.

Furthermore, Cambodia’s Prime Minister Hun Sen, who was himself a Khmer Rouge soldier, has threatened civil war if more indictments are issued.

A meeting between UN Secretary General’s Special Expert David Scheffer and Cambodian Deputy Prime Minister Sok An, which was intended to settle a dispute over the appointment of the co-investigating judge, proved fruitless.

According to a statement by Cambodia’s Council of Ministers, the two sides held differing views on the interpretation of tribunal agreement but “…they intend to continue their close discussions on the most critical issues, and both remain optimistic that the court can achieve its mandate.”

Many believe that the Cambodian government has continuously placed hurdles in front of the tribunal causing some to question the nation’s dedication to a successful tribunal.

Since its founding in 2003, the tribunal has spent $150 million dollars and has achieved only one conviction.

The man convicted was sentenced to thirty-five years in prison, which was later commuted to nineteen years, for his role in the death of 14,000 people at a Cambodian torture center.

The tribunal stems from the execution, torture, starvation, overwork and disease that occurred under the Maoist regime between 1975 and 1979 and resulted in over two million deaths.

 

For more information, please see:

AFP – UN Defends Judge in Khmer Rouge Trial Row – 25 January 2012

Reuters – U.N. Says Won’t Change Judge for Cambodia War Crimes Court – 25 January 2012

Voice of America – UN Insists on Appointment of Swiss Tribunal Judge – 25 January 2012

Radio  Free Asia – No Reversal of Tribunal Judge Decision – 24 January 2012

Author: Impunity Watch Archive