Statement by the CO-INVESTIGATING JUDGES on the article "Staying Khmer Rouge tribunal cases mulled" in the PHNOM PENH Post of 8 May 2017

The Co-Investigating Judges have taken note of the above-mentioned article and have decided to inform the public directly in order to avoid speculations based on inaccurate facts, not least because some parties have already explicitly or implicitly acknowledged the existence of the decision to the press.

It is correct that a request for submissions has gone out to the parties in Cases 003, 004 and 004/2 and to the court's Office of Administration, expressing the Judges' deep concerns about the funding situation of the Tribunal and what it may mean for the future of these cases.

The request was sent as confidential because it is on the one hand part of the investigation phase, which is generally confidential, and on the other hand, because of the highly sensitive nature of the issue since it is obvious that the Office of Administration will have to consult with the UN and the Government of Cambodia about the budget-related issues. This is a delicate matter and not properly discussed in the public domain at this stage.

The article is also inaccurate in that, firstly, this was a decision taken by both Judges jointly - it is therefore incorrect to attribute its contents and motivation to the International Co-Investigating Judge alone.  Secondly, there is no "official summary" of the decision. The Phnom Penh Post quotes verbatim from either the document or an excerpt provided by the informant. This information was leaked in violation of the informant's duty of confidentiality and constitutes a serious and regrettable breach of professional trust.

The Co-Investigating Judges have no further comments on the matter.

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