Reversal: Cambodia genocide court to pursue more Khmer Rouge

Mak Remissa / EPA

Foreign tourists look at photographs of Khmer Rouge victims on display at Tuol Sleng Genocide Museum (S-21 prison) in Phnom Penh, Cambodia, on Jan. 11, 2012.

Updated 1:00 p.m. ET Friday:  The court’s National Co-Investigating Judge, You Bunleng, responded on Friday to criticisms lodged against him by his counterpart, International Reserve Co-Investigating Judge Judge Laurent Kasper-Ansermet. The Cambodian judge said Kasper-Ansermet had ill intentions for issuing the statement without his knowledge, claimed he was trying “to confuse public opinion” over his alleged opposition to further investigations, and noted that the Swiss judge was not authorized to undertake any procedural actions while no one has been named to the post of International Co-Investigating Judge.

A judge at Cambodia's genocide court said Thursday that he will reverse a decision to end a controversial investigation into the role of more Khmer Rouge leaders in the 1970s "killing fields" regime that left nearly two million people dead, amid claims by critics that the government had exerted pressure to stop further queries.

The investigation of five unnamed suspects -- covered by what is known as cases 003/004 -- has been troubled since it began in 2009, with allegations of political interference by the Cambodian government and a lack of judicial independence.


An international judge tasked to work on that investigation resigned last year after government ministers made statements about the court not pursuing more trials following the completion of those of four of the regime’s top surviving leaders. Those trials are ongoing.

The court's press office released a statement from another international judge, Laurent Kasper-Ansermet of Switzerland, early Thursday stating that he would order the judicial investigation into case 003 to resume. That case was closed last April, sparking an outcry over how deep the tribunal's examination of the 1975-1979 regime would go.

Kasper-Ansermet's bid to reopen the investigation was the "fresh breath of U.N. air we have been demanding," Theary Seng, a Khmer Rouge survivor and an advocate for victims, wrote to msnbc.com. She noted his "unexpected assertiveness regarding his pursuit of the political(ly) controversial cases 003/4," which she alleged were "expressly blocked by the government."

"The U.N. and the Cambodian government are heading for a showdown because of the unexpected flexing of muscles by the U.N. vis-a-vis the Cambodian government," she added.

Kasper-Ansermet's statement cast a light on the inner workings of the tribunal, which has seemingly been mired in internal tussles since it began operations in 2007, following a decade of halting negotiations between the government and the U.N. over the court's structure and functioning. The Extraordinary Chambers in the Courts of Cambodia is a hybrid of international and Cambodian judges.

The statement detailed how Kasper-Ansermet's attempts to make submissions in the disputed cases were rebuffed by his Cambodian counterpart, who said the Swiss judge had not been officially appointed to replace the one who resigned last year, and by the pre-trial chamber, which said he did not have the qualifications to assume the post.

It also noted that the chamber failed to notify the judge of its decision on the submissions, raising "serious concerns about the lack of impartiality" of its president, the statement said, and called for him to step down from any proceedings related to case 003/004.

Clair Duffy, Khmer Rouge Tribunal Monitor for the Open Society Justice Initiative, said the resumption of the case was an "important development" for victims.

"The premature closure of the 003 investigation was particularly worrying because it came against the background of opposition to further investigations from the Cambodian government," Duffy wrote to msnbc.com. "The proper handling of these two cases still under investigation (cases 003 and 004) will be a litmus test of the court's ability to meet the basic standards of international law that it was set up to achieve, in order to bring justice for victims of the Khmer Rouge, and to promote future adherence to the rule of law in Cambodia."

Under the Khmer Rouge, nearly one quarter of the country’s population – or at least 1.7 million people – died from execution, disease, starvation and overwork, according to the Documentation Center of Cambodia.

The ultra-Maoist group strived to create an agrarian utopia (and called their effort a return to “Year Zero”), forcing city dwellers to rural areas to work on large farms, destroying money, shuttering schools and prohibiting religious worship in the predominantly Buddhist country. Intellectuals, or those with an education, were often deemed their enemies and targeted for execution.

Intensifying border skirmishes with neighboring Vietnam led the Vietnamese to invade Cambodia and thereby end Khmer Rouge rule.

The decision comes a week after the tribunal rejected an appeal for acquittal by Kaing Guek Eav, also known as Duch, a prison chief who oversaw a torture center where at least 12,000 people died. The court instead increased his sentence from 19 years to life.

More from msnbc.com and NBC News:

 

Discuss this post

The S-21 prison is a horrible place but they are finally getting some kind of justice.

So what about us?

When will we get GWB and his band to pay for their crimes?

    Reply#1 - Thu Feb 9, 2012 7:12 PM EST

    Sorry, only the defeated are convicted.

      #1.1 - Thu Feb 9, 2012 7:54 PM EST

      It will never happen! Ever notice that GWB seldom comes out in public.....unlike previous presidents. I think it is because he knows he has the blood of at least 7,000 brave soldiers on his hands from two terribly misguided wars that he started. Obama has been covering up his scat ever since. Thank God he is gone!

        #1.2 - Thu Feb 9, 2012 8:48 PM EST

        Right after we take obama, pelosi and their gangsta hoodto trial for treason and corruption

          #1.3 - Thu Feb 9, 2012 8:53 PM EST

          Judge Bunleng needs to comprehend that there is no Statute of Limitations on genocide.

            #1.4 - Fri Feb 10, 2012 9:02 PM EST
            Reply

            Continue to pursue the justice for those who have been missing, have been killed, and have been abused /tortured to death. U.N. can step in to pursue the violation of the universal human rights.

              Reply#2 - Thu Feb 9, 2012 8:01 PM EST

              The UN ??? You must be joking that failed organization has caused more pain death and suffering through their fumbling, inept "leadership" and corruption

                #2.1 - Thu Feb 9, 2012 8:55 PM EST
                Reply

                This is good news. The Tuoleng Prison, aka S-21 is only one of many hundreds which operated in Cambodia at that time. To indict only Duch while other prison officials remain free doesn't make sense. It would be like indicting Auschwitz guards, while ignoring the officials who operated all the other Nazi death camps remain free. In order for the country to heal and justice prevail, the perpetrators of these atrocities must be held accountable for their horrendous crimes and be brought to justice. There are many unanswered questions and we need them answered.

                That a tribunal exists and trials are taking place is something of a small miracle in Cambodia. The Cambodia government resisted pressure from the international community for years. Finally, a compromise was reached which allowed Cambodian appointed judges to preside over the trials. The current Cambodian government constantly interferes with these proceedings, such as bribing officials. The cambodian government needs to stop interfering in these proceedings and let justice take place. The tribunal should be moved to a neutral country like the Hague.

                • 2 votes
                Reply#3 - Thu Feb 9, 2012 8:07 PM EST

                I just finished reading Children of Cambodia's killing fields : memoirs by survivors / compiled by Dith Pran.

                I'd read Haing Ngor's A Cambodian Odyssey years ago.

                I find it hard to believe that those who were responsible for these horrors still have their defenders in Cambodia and elsewhere.

                  Reply#4 - Thu Feb 9, 2012 10:05 PM EST

                  Another sick page of history thats been reread and thrown on the fires of indifference! I'll guarantee the leader of Iran AHMADINEJAD blames the US for that too!! IGNORANCE is BLISS when your a DICTATOR!

                    Reply#5 - Fri Feb 10, 2012 9:36 AM EST
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