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Since he took office at the ECCC, the Reserve International Co-Investigating Judge, out of respect for the law and the victims, has focused all his energy to continuing the judicial investigation of the highly contentious Cases 003 and 004. In addition to the field investigations that were conducted, the suspects were informed of their rights and were granted access to the case file. By way of a decision on the jurisdiction of the ECC to continue Case 003, the facts under investigation were made public with a view to ensuring that the victims are properly informed and able to exercise their rights.
For reasons which are manifestly more political and financial than strictly judicial, the Reserve International Co-Investigating Judge – whose prerogatives were constantly called into question by his national counterpart for no material legal reason – found himself in a highly hostile environment and was severely impeded in the day-to-day performance of his duties, as a result of which he tendered his resignation to the United Nations Secretary General.
In light of the internal investigations into the violation of ECCC Internal Rule 35, the Reserve International Co-Investigating Judge has reason to believe that several individuals, both current and former staff members of the ECCC, have interfered with the conduct of the investigation in Case File 004. The Reserve International Co-Investigating Judge has therefore reported this to the criminal prosecution authorities of the Kingdom of Cambodia. Moreover, the Reserve International Co-Investigating Judge is of the view that the role played by the National Co-Investigating Judge as described in his Note of 21 March 2012 amounts to a serious interference with the conduct of the judicial investigation in Case Files 003 and 004. The Reserve International Co-Investigating Judge has therefore brought this matter to the attention of the Supreme Council of the Magistracy of the Kingdom of Cambodia.
Finally, the Reserve International Co-Investigating Judge hereby invites all the competent authorities of the Kingdom of Cambodia and the United Nations to take a clear and common stand concerning the future of Case Files 003 and 004 so as to restore the image and dignity of the ECCC and uphold international justice.