Khmer Rouge Tribunal Sets Out Timeline for Investigations

The international co-investigating judge at the Khmer Rouge tribunal is expected to complete investigations into cases 003 and 004, which have been opposed by the government and conducted in almost complete secrecy, by the middle of next year, according to a work plan released Tuesday.

The 12-page document says International Co-Investigating Judge Mark Harmon will wrap up his investigation into Case 003 in the first quarter of next year and complete his investigation into Case 004 no later than the second.

“It is expected that a notice of conclusion of the investigations into Case 003 could be issued by the first quarter of 2015 and a decision, in the form of a closing order, on whether any suspect(s) will be indicted and sent for trial could be issued by third quarter of 2015,” says the plan, dated September 30.

The release says the investigations, which have been conducted without the cooperation of Cambodian Co-Investigating Judge You Bunleng, have “been impacted by the unforeseen departure of a significant number of critical staff members in the Office of the Co-Investigating Judges,” but that Judge Harmon has recruited volunteers and interns to try to offset the losses.

Since taking up the post in October 2012, Judge Harmon has investigated alleged crimes at 10 different “crime scenarios” in Case 003 and alleged crimes at 55 sites in Case 004, according to the work plan. His office has also conducted 80 field missions and interviewed more than 300 witnesses, it says.

The document says that, given the uncertainty of whether the cases will even make it to trial, it was not possible to say when the trials might be completed. It says that a ruling on the appeal of the guilty verdict in the first phase     of Case 002, which was handed down on August 7, was not expected until the beginning of 2016.

Proceedings in the second phase of Case 002 begin Friday.

The defendants in cases 003 and 004, while officially confidential, have been identified as Meas Muth, Ta Tith, Ta An and Im Chaem, none of whom have been given access to their case files, drawing widespread doubt about the likelihood of a fair trial if the cases go forward.

Long Panhavuth, a program officer at the Cambodian Justice Initiative, said the release of an updated action plan was a step toward more transparency but that failing to include the defendants in the investigations would slow proceedings.

“I am worried about the parties, particularly the defense, who don’t have access to the case file. They will need a lot of time to go through the case file to prepare for the defense,” he said.

“I would say that the faster participation of the defense is much needed and…public information on the process is the shield to defend the integrity of the investigation.”

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