News Articles

On 27 March 2015, the International Co-Investigating Judge charged Ao An with the following alleged crimes: premeditated homicide, as a violation of the 1956 Cambodian Penal Code, allegedly committed at Kok Pring execution site, Tuol Beng security centre and Wat Au Trakuon security centre; and the Crimes against Humanity of murder, extermination, persecution on political and religious grounds, imprisonment, and other inhumane acts (namely inhumane conditions of detention) at Kok Pring execution site, Tuol Beng security centre and Wat Au Trakuon security centre.

Statement of the International Co-Investigating Judge regarding Case 003

Statement of the International Co-Investigating Judge regarding Case 004

9 districts in Oddar Meancheay, Battambang and Pailin, all located in former Khmer Rouge strongholds, were visited by representatives from the Office of the Co-Investigating Judges and the Public Affairs Section between 12 and 22 November 2014. In close co-operation with the respective District Governors, the ECCC organized nine public forums in Anlong Veng, Trapeang Prasat, Banteay Ampil, Samlaut, Pailin, Sala Krau, Sampov Lun, Phnim Proek and Kamrieng. Each forum was attended by an average of 300 people who came to learn more about the ongoing court proceedings.

The Office of the Co-Investigating Judges was seised of the Co-Prosecutor’s Second Introductory Submission in Case 003 dated 20 November 2008 from the Office of Co-Prosecutors (“OCP”) on 7 September 2009.

The Office of the Co-Investigating Judges has been seised of a Supplementary Submission regarding additional investigations in Case File 004. A number of crime sites under investigation in Case File 004 have yet to be made public. Pursuant to Internal Rule 21(1)(c), the International Co-Investigating Judge wishes to issue the following information about those sites:ADDITIONAL SITES IN CASE FILE 004A) BATTAMBANG PROVINCE

Newly appointed international Co-Investigating Judge Mark Harmon of the United States was sworn on 26 October, at the Extraordinary Chambers in the Courts of Cambodia. He will continue the work in relation to the two remaining cases known as Cases 003 and 004, together with his counterpart, national Co-Investigating Judge You Bunleng.

On 12 July 2012, the Royal Government of Cambodia informed the United Nations of the appointment on 20 June 2012 by the Supreme Council of the Magistracy of the Kingdom of Cambodia of Mr. Mark Harmon of the United States and Mr. Olivier Beauvallet of France as International Co-Investigating Judge and Reserve International Co-Investigating Judge, respectively, of the Extraordinary Chambers in the Courts of Cambodia (“ECCC”).

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.

The Defence Support Section of the Extraordinary Chambers in the Courts of Cambodia has assigned Mr. Mom Luch as a national lawyer to represent a Suspect named in the Third Introductory Submission submitted by the International Co-Prosecutor to the Office of the Co-Investigating Judges on 7 September 2009. The Third Introductory Submission is part of the Case File in Case 004. Mr. Mom has 17 years of experience as a lawyer, primarily working in the field of criminal law. The identity of any Suspects named in the Third Introductory Submission remains confidential.

The International Reserve Co-Investigating Judge, Laurent Kasper-Ansermet, disputes all of the confused allegations contained in the press release dated 26 March 2012 by the National Co-Investigating Judge, You Bunleng. 

On 19 March 2012, the International Reserve Co-Investigating Judge released a Press Statement and made a number of documents public which require an explanation by the National Co-Investigating Judge for the part relating to his Office to avoid any public misunderstanding.

Judge Laurent Kasper-Ansermet has tendered his resignation as International Reserve Co-Investigating Judge to the Secretary-General of the United Nations with effect from 4 May 2012.

Yesterday the International Reserve Co-Investigating Judge Laurent Kasper Ansermet hastily issued a public statement at the very end of the ECCC’s working hours, and hence brought to the understanding of the National Co-Investigation Judge as follows: 1. The successive releases of such statements without the knowledge of the National Co-Investigating Judge reflect Mr. Laurent Kasper Ansermet’s ill intentions.

This public statement is made pursuant to ECCC Internal Rule 21(1)(c) to ensure that the public, and particularly the victims of the crimes under investigation, are duly informed of ongoing ECCC proceedings.

On January 09, 2012 which is a national holiday of the national side of the ECCC, the Reserve International Co-Investigating Judge Laurent Kasper Ansermet issued a Press Statement, which reflects an intention to conceal it from the knowledge of all national sides.

In his previous press release dated 6 December 2011, the International Reserve Co-Investigating Judge emphasized his commitment to keep the public sufficiently informed about major developments in Case Files 003 and 004.

Today, as the reserve international Co-Investigating Judge Laurent Kasper-Ansermet issued a press statement without any consultation with the national Co-Investigating Judge, the national Co-Investigating Judge would like to announce as follows: 1. After the resignation of the international Co-Investigating Judge Siegfried BLUNK on October 9, 2011, a new international Co-Investigating Judge has yet to be officially appointed until now. 

Appointed to the Extraordinary Chambers in the Courts of Cambodia  (ECCC) for the period of the proceedings by Royal Decree dated 30 November 2010, with the approval of the Supreme Council of Magistracy of the Kingdom of Cambodia, and sworn in on 21 February 2011, the international reserve Co-Investigating Judge is called upon under the law to replace his predecessor and to assume the duties performed by the latter up until his unexpected resignation effective 31 October 2011 (Articles 12, 23, 26 and 27 of the ECCC Law). 

In accordance with ECCC Internal Rule 77 (13), the Pre-Trial Chamber’s Considerations Regarding the International Co-Prosecutor's Appeal Against the Co-Investigating Judges’ Order on International Co-Prosecutor’s Public Statement Regarding Case 003 of 24 October 2011 and the Order on International Co-Prosecutor’s Public Statement Regarding Case File 003  (“Retraction Order”) of 18 May 2011, the International Co-Prosecutor Andrew Cayley retracts his Public Statement of 9 May 2011. 

Today, a number of media outlets have reported in their articles issues concerning the Co-Investigating Judges, especially that “…the Co-Investigating Judges backdated and secretly modified documents placed in the Case File 003…”  This allegation has been made on the basis of the minority opinion of the international judges [of the Pre-Trial Chamber] in relation to the appeal by a Civil Party Applicant.

Earlier this week the International Co-Investigating Judge announced his resignation. His resignation was very surprising to me. In fact, the work relationship between the International Co- Investigating Judge and myself as National Co-Investigating Judge has so far developed in a smooth and responsible manner based on legal principles and the ECCC Internal Rules, although there have been some allegations through media speculations made by some outsiders of the Court. As regularly communicated in the monthly ECCC Court Reports and in the Statements of the

After his appointment on 1 December 2010, the International Co-Investigating Judge of the ECCC proceeded with investigations in Cases 003 and 004 in the expectation that a previous statement reportedly made by the Cambodian Prime Minister during a meeting with the Secretary-General that these cases “will not be allowed” did not reflect general government policy.

After Voice of America Khmer on 10 August 2011 quoted verbatim from a confidential document of the ECCC and even showed that document on a video, the Co-Investigating Judges have instituted proceedings for Interference with the Administration of Justice (Contempt of Court) pursuant to ECCC Internal Rule 35. Anyone intending further disclosure of confidential court documents is hereby warned that his case could be transferred to the National Prosecutor pursuant to Rule 35 (2) (c).31 August 2011

So far, the Office of the Co-investigating Judges did not notify the public of the crime sites in Case 004, because, unlike in Case 002, there are serious doubts whether the suspects are “most responsible” according to the jurisdictional requirement of Article 2 ECCC Law. If the Court had no jurisdiction, it would be inappropriate to encourage civil party applications further to the 200 already received in this case, as this could raise expectations which might not be met later on.