International Co-Prosecutor Orders to Investigate Five More Persons – Wednesday, 9.9.2009

Posted on 9 September 2009
The Mirror, Vol. 13, No. 629
http://cambodiamirror.wordpress.com/

“Phnom Penh: The International Co-Prosecutor, Mr. William Smith, sent two documents for investigations (the second and third introductory submissions) to the Co-Investigating Judges [at the Khmer Rouge Tribunal] in order to open the way for the Co-Investigating Judges to investigate more suspects.

“In a statement released on Tuesday [8 September 2009], the Acting International Co-Prosecutor stated, ‘The last two Introductory Submissions for investigation cover different crimes which are a part of a “joint criminal enterprise,” and relate to five suspects.’

“According to the same statement, Mr. William Smith said that identifying five new suspects for the Co-Investigating Judges for further investigation will show a broader field of responsibilities for different crimes, committed during the Democratic Kampuchea Regime from 1975 to 1979.

“But, according to the procedures, the investigations will be conducted without arrests and detentions of the suspects. After the investigations end, arrests and detentions can be made only if there are warrants signed and approved by both National and International Co-Investigating Judges. In case that the Co-Investigating Judges disagree, the side that wants to have arrests and detentions must find support of at least 4 votes among the 5 judges of the Extraordinary Chambers in the Courts of Cambodia, otherwise arrests and detentions cannot be made.

“Actually, according to the law, documents sent for investigations have to be kept confidential, but considering the importance of the trial chamber’s affairs and the necessity to provide information to the public about the progress of the procedures, the internal rules allow that the Co-Prosecutors provide summary information to the public, considering certain limits related to the identities of the victims, witnesses, and the investigation.

“According to the published statement, the second Introductory Submission identifies eight instances of alleged murder, torture, unlawful detention, forced labor, and persecution. If testimonies are found related to the above instances, they will be considered to constitute crimes against humanity, which seriously violate the Geneva Conventions and Cambodia’s penal code of 1956 [which was in effect when the Khmer Rouge took power in 1975]. The third Introductory Submission describes 32 instances of alleged murder, torture, unlawful detention, forced labor, and persecution. If testimonies are found, they will constitute crimes against humanity and violations of the penal code of Cambodia of 1956.

“It should be considered that the documents to investigate more suspects were sent on Monday [7 September 2009], the day when Prime Minister Samdech Hun Sen expressed his concern that national instability might break out if more persons are indicted. However, Prime Minister Samdech Hun Sen stated that whether to indict more persons or not is the Khmer Rouge Tribunal’s affair, but he said that he has the obligation to maintain peace in Cambodia.

“Do new tensions between Cambodia and the United Nations start again?”

Rasmei Kampuchea, Vol.17, #4994, 9.9.2009
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Wednesday, 9 September 2009