Legal Farce at ECCC Toward Dismissing Case 003 - The OCIJ's Press Release

http://www.thearyseng.com/columnist/32-theary-sengs-blog/294-legal-farce-at-eccc-toward-dismissing-case-003-ocij-press-release

Extraordinary Chambers in the Courts of Cambodia

Press Release of Public Affairs

re

The Statement of the Co-Investigating Judges

(sent out late FRIDAY afternoon, before long weekend of Labor Day on Monday, in light international attention on Cambodia-Thai border fatal clashes in its 9th day, against the backdrop of Royal Wedding frenzy, Syrian crackdown and Alabama tornado)

Cover page addressed only to the Co-Prosecutors, 2nd page with this very terse one sentence.

"The Co-Investigating Judges today (29 April 2011) in a public decision concluded the investigations in Case 003 (the Case File containing more than 2.000 pieces of evidence, comprising more than 48.000 pages),and have notified the parties [ONLY the Co-Prosecutors] according to Rule 66.1."

Theary Seng's Note:

This Press Release and Statement of Co-Investigating Judges You Bunleng (Khmer) and Siegfried Blunk (UN) are very disturbing in confirming our fears - the ECCC's dismissal of Case 003 and 004 involving 5 additional charged persons to the existing 5 individuals of Case 001 (Duch) and 002 (Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith).

First, this is the only first statement/public information re Case 003 or Case 004 of the new UN (German) Co-Investigating Judge Siegfriend Blunk since he took up this position in December 2010, consisting of ONE SENTENCE, failing in his Rule 56 obligation to provide public information.

The Office of Co-Investigating Judges forwarded the Introduction Submissions of Case 003 (charged persons Meas Muth, Sou Met?) and Case 004 (Battambang Im Chaem and two other district chiefs?) to the Co-Investigating Judges for investigation since Sept. 2009 -- almost 20 MONTHS ago, whereby the CIJs have conducted ZERO field investigation, which they and the Public Affairs Press Release failed to mention! They failed to mention that their 40-member staff -- both Khmer and UN -- have been idled, with the Khmer staff only called back to the work only after public scrutiny resulting from the lodging of my and Rob Hamill's civil party applications. They failed to mention that they have been shuffling papers, some of the "2.000 pieces of evidence, comprising more than 48.000 pages" mentioned -- if at any at all for the last 20 months.

Hence, the Co-Investigating Judges have closed the investigation WITHOUT conducting ANY FIELD INVESTIGATIONS after 20 months of inactivity since the Introduction Submissions and 7 months since the end of investigation of Case 002 (Closing Order) in Sept. 2010.

It is also disturbing that the ECCC has not officially informed me via documentation of receipt of my and Rob Hamill's civil party application to Cases 003/004 (Our application is strongest to Case 003 if charged persons Meas Muth and Sou Met, as we have little connection that we know of to Case 004 regarding three district chiefs including madam Im Chaem).

The Chief of ECCC Victims Support Section informed me via a telephone call that his office has received my application. And when it was established that I will be a guest on the popular 30-45 minute radio call-in show on Radio Free Asia on Friday, 23 April 2011, Reach Sambath who was a guest with me stated on the air that the ECCC has received my application in good form and that as of that day (Friday, April 23), the Co-Investigating Judges have received my application. However, there has been NO DOCUMENTATION OF THIS RECEIPT AS A MATTER OF HISTORICAL DOCUMENTARY RECORD besides a radio broadcast in the Khmer language.

If our suspicion is correct - that the ECCC is on an expedited path to dismissing Cases 003/004, beginning with Case 003 as it involves 2 very public figures (me and Rob Hamill) -- then this terse Statement of the Co-Investigating Judges closing the investigation of Case 003 is a very disturbing, concrete step. They must first closed the investigation before they can dismiss. The great fear is that they will dismiss the Case 003 before confirming me or Rob Hamill as a civil party to this Case. Because once we are made civil parties, we have the right to appeal the dismissal of Case 003. We also have the right to appeal our civil party applications should they not recognize us, but our case made stronger if only there is a case concerning us. But if Case 003, then our applications are made substantially weaker as the case involving us (Case 003 involving Meas Muth and Sou Met, and not Im Chaem and the other 2 district chiefs).