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Khmer Rouge Investigative Judge Resigns Over ‘Interference’

By Jack Phillips
Epoch Times Staff
Created: October 10, 2011 Last Updated: November 30, -0001
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A foreign tourist takes photos of skulls of Khmer Rouge victims displayed at the Choeung Ek killing fields memorial in Phnom Penh on May 4, 2011. (Chhin Sothy/AFP/Getty Images)

A foreign tourist takes photos of skulls of Khmer Rouge victims displayed at the Choeung Ek killing fields memorial in Phnom Penh on May 4, 2011. (Chhin Sothy/AFP/Getty Images)

 

A German judge who helped oversee an investigation into Khmer Rouge cases in a United Nations-Cambodian war crimes tribunal, resigned on Monday, citing interference from the government.

Siegfried Blunk said he was stepping down due to the Cambodian government’s objections to investigations of government officials who were in power during the communist Khmer Rouge regime between 1975 and 1979.

While in power, the Khmer Rouge was responsible for the deaths of 1.7 million people—nearly a quarter of the nation’s population of 8 million.

In a statement via the tribunal, formally the Extraordinary Chambers in the Courts of Cambodia (ECCC), Blunk said he resigned after a series of comments from Cambodian officials, who said investigation into two cases would not be allowed. 

According to Human Rights Watch, the reason for the government’s dismissal of the two cases, known as cases 003 and 004, is that the defendants in the cases are lower ranking officials and not considered “most responsible,” which is the criteria for cases that fall under the jurisdiction of the U.N. tribunal.

According to the statement by Blunk, Cambodian Minister of Information Hor Namhong, said last week that the trial is “a Cambodian issue" and the “issue must be decided” internally within the government.

The Cambodian prime minister had also said in December that the cases “will not be allowed,” according to the statement.

It added that while Blunk would not allow himself to be influenced by these statements, “his ability to withstand such pressure by government officials and to perform his duties independently could always be called in doubt.”

Critics, including HRW, have accused Blunk and the other presiding investigative judge You Bunleng, of toeing the government line and failing to fully investigate the cases.

Last week HRW called the judges to step down for failing to fulfill their judicial responsibilities and conduct thorough investigations.

Cases 003 and 004 are of lower level officials who were involved in the Khmer Rouge and are accused of war crimes and crimes against humanity.

The role of the judges is to examine evidence against the suspects, call on witnesses for testimonials, and recommend whether or not the tribunal should prosecute the defendants.

The ECCC is also currently working on the cases of senior Khmer Rouge officials including the case of the second-in-command under Pol Pot, 84-year-old Nuon Chea, and the cases of former President Khieu Samphan, ex-Foreign Minister Ieng Sary and his wife, Ieng Thirith.

Human Rights Watch said that Cambodian Prime Minister Hun Sen, who was himself a soldier under the communist Khmer Rouge, has publicly opposed cases 003 and 004.

His “political interference is responsible for the judges’ failure to investigate the cases properly and has led to staff resignations,” said the rights organization said in a statement last week.

“The investigating judges concluded their investigation into Case 003 without notifying the suspects, interviewing key witnesses, or conducting crime site investigations,” Brad Adams, the Asia director at HRW, said. “This would be shocking for an ordinary crime, but it’s unbelievable when it involves some of the 20th century’s worst atrocities.”

Last year, Kaing Guek Eav, known as “Duch,” the head of an infamous Khmer Rouge prison, was sentenced to 35 years, which was reduced down to 19 years. It was the only conviction the ECCC, which was spent more than $100 million, ever handed down since its inception.

 





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