UN staff quit war crimes court as fallout continues over third case

Phnom Penh - At least five United Nations staff in the investigations office at the UN-backed Khmer Rouge tribunal have quit their posts since April, national media reported Monday.

The Cambodia Daily newspaper said four full-time staff and one consultant had left following disagreements over the April 29 decision by the investigating judges to close the tribunal's highly politicized third case without allegedly properly investigating the charges.

On Sunday, the Office of Co-Investigating Judges (OCIJ) - Germany's Siegfried Blunk and Cambodia's You Bunleng - released a statement saying they 'welcomed' the departure of their staff since they had questioned the judges' authority to decide on the case.

'In view of questions by the media regarding recent attempts by certain OCIJ staff members who have obtained new jobs outside of OCIJ, to portray their departure as 'resignation' in protest over the CIJs' decision to close investigations in Case 003, the CIJs emphasize that they welcome the departure of all staff members who ignore the sole responsibility of the CIJs in this issue (...)'

The Cambodia Daily quoted the May 5 resignation email from consultant Stephen Heder, an expert on the Khmer Rouge movement.

Heder said he had quit because the judges had decided to close the case 'effectively without investigating it, which I, like others, believe was unreasonable.'

The Cambodia Daily said three unnamed sources had confirmed that the international legal team wrote to UN Secretary-General Ban Ki-moon prior to the closure of Case Three to express their concerns over the quality of the investigation.

Ban's spokesman Martin Nesirky declined to answer questions about that letter.

Case Three reportedly involves two former senior members of the Khmer Rouge military suspected of the deaths of thousands of people.

The Cambodian government has said on many occasions it would not permit Case Three or the court's fourth and final case against another three ex-Khmer Rouge to proceed to trial.

Anne Heindel, a legal adviser at DC-Cam, a genocide research organization, said Monday that news of the resignations showed 'a fundamental lack of confidence' in the work of the court.

'Someone needs to step in and do something drastic,' she said. 'But no matter what might be done, there will now always be disbelief about these cases since they have been so mishandled.'

Last month the international prosecutor Andrew Cayley released a statement saying the investigation in Case Three was deficient.

His comments showed the investigating judges had failed to question the two suspects or visit sites where their alleged crimes had taken place.

In late May the UN rejected allegations it had interfered with investigations at the war crimes tribunal or put any pressure on the investigating judges to scupper the cases.

The court's second case, against four senior surviving leaders of the movement, is scheduled to begin June 27. More than 2 million people are thought to have died during the Khmer Rouge's rule.