19 March 2012
PRESS RELEASE
BY THE INTERNATIONAL RESERVE CO-INVESTIGATING JUDGE
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.
On 30 November 2011, in accordance with Article 5(6) of the ECCC
Agreement, the International Reserve Co-Investigating Judge, Laurent
Kasper-Ansermet, replaced Judge Siegfried Blunk, who resigned as
International Co-Investigating Judge. This position warranted the
conduct of judicial investigations into cases 003 and 004 on the basis
of the two Introductory Submissions filed by the Co-Prosecutors over
three years previously, on 20 November 2008. To this end, Judge Laurent
Kasper-Ansermet has issued a number of decisions, recently notified the
suspects in cases 003 and 004 of their rights (Internal Rule 21), and
will conduct interviews with civil parties the week beginning 19 March
2012.
Judge Laurent Kasper-Ansermet’s authority to investigate cases 003 and
004 has been constantly contested by the National Co-Investigating
Judge, You Bunleng, despite the opinion issued by Pre-Trial Chamber
Judges Downing and Chung confirming that the International Reserve
Co-Investigating Judge should replace the standing Judge in the case of
resignation and has the power to act accordingly.
Judge You Bunleng’s active opposition to investigations into cases 003
and 004 has led to a dysfunctional situation within the ECCC. A
description of the situation will be published. Furthermore, internal
investigations have been opened by Judge Laurent Kasper-Ansermet under
Internal Rule 35 for “interference with the administration of justice”.
Judge Laurent Kasper-Ansermet recently organised an informal meeting
with Judge You Bunleng, during which the latter refused to discuss cases
003 and 004. On 27 February 2012 Judge You Bunleng issued a written
order to Judge Laurent Kasper-Ansermet, demanding that he immediately
cease his “unlawful activity”. This ultimatum was reiterated last week.
In view of the victims’ right to have investigations conducted in a
proper manner and despite his determination to do so, Judge Laurent
Kasper-Ansermet considers that the present circumstances no longer allow
him to properly and freely perform his duties. He has tendered his
resignation with effect from 4 May 2012 and will not order any further
investigations into cases 003 and 004 once those currently under way are
concluded.
Judge Laurent Kasper-Ansermet strongly reiterates his hope that, in the
interests of the Cambodian People and international justice, a solution
enabling the ECCC to properly fulfil its important mandate will be
found.