Uncertain verdict [for Judge Laurent Kasper-Ansermet]

Reserve co-investigating judge Laurent Kasper-Ansermet. (ECCC)

Monday, 16 January 2012
Bridget Di Certo
The Phnom Penh Post

Late on Friday, a day after inadvertently leaked government information showed Prime Minister Hun Sen had become involved in his appointment to the Khmer Rouge tribunal, Investigating Judge Laurent Kasper-Ansermet received the first phone call.

By yesterday morning, there had been several more, all telling him the same thing – the Supreme Council of Magistracy had met and refused to endorse him.

The purported meeting, which Kasper-Ansermet was told took place on Friday, remains shrouded in secrecy, and neither the United Nations nor the Council of Ministers’ Press and Quick Reaction Unit had received confirmation from the Supreme Council of Magistracy when contacted yesterday.

Without the SCM’s official endorsement, Kasper-Ansermet is unable to officially investigate the court’s controversial cases 003 and 004.

“If my rejection is confirmed, I may explain the situation to the UN, but I can’t do more,” Kasper-Ansermet said. “I am of the opinion that I replaced my predecessor validly under the law governing the tribunal, and that is contested by my national colleague.

“Everyone understands now that I intend to conduct further investigations in cases 003 and 004.

“I was expecting some difficulties [in assuming the co-investigating judge position], but not the real determination from my colleague to have such different opinions on the matter,” the Swiss national said yesterday, referring to a recent flurry of publicly combative statements by Cambodian Co-Investigating Judge You Bunleng.

The UN’s nominee, who has served as reserve judge at the tribunal since December 2010, said he has taken important decisions in respect of cases 003 and 004 and that he has a team of international investigators ready to begin work.

The failure of the SCM to swiftly appoint Kasper-Ansermet has effectively paralysed investigations into the cases, which are opposed by the Cambodian government.

“The position adopted by my national colleague leads to the situation where the [Office of the Co-Investigating Judges] would not be anymore constituted according to the law and therefore not properly functioning,” Kasper-Ansermet said. “It has been like walking in shackles.”