UN expresses concern at transfer of Khmer Rouge tribunal judge

Phnom Penh - The United Nations has officially expressed concern at the proposed transfer of a key Cambodian judge in the upcoming Khmer Rouge tribunal and requested the Cambodian government to reconsider, a spokesman said Wednesday. Co-investigating judge for the 56-million dollar joint UN-Cambodia hearings, You Bunleng, was abruptly named as the new president of the Cambodian Court of Appeal earlier this month after its former head, Ly Vuoch Leng, was removed amidst a bribery scandal.

His transfer out of the Khmer Rouge tribunal sparked immediate protests from advocates of a swift progression of the Extraordinary Chambers in the Courts of Cambodia (ECCC) who said they feared the move would cause further delays to an already drawn-out process.

UN-appointed spokesman for the Extraordinary Chambers in the Courts of Cambodia (ECCC) Peter Foster confirmed by telephone Wednesday that the official letter had been passed to the Cambodian permanent representative in New York last Thursday and said the UN was now awaiting a reply.

In the missive, the UN "officially expresses concern at the transfer of Judge You Bunleng to the Cambodian Court of Appeals" and "invites the government to consider keeping him in his current position," Foster said.

Attempts to bring to trial a handful of aging and often ailing Khmer Rouge leaders held responsible for the deaths of up to 2 million Cambodians during the movement's 1975-79 Democratic Kampuchea regime have constantly stalled since the UN agreed to participate in 2003.

Former leader Pol Pot died at his home in 1998. Former military commander Ta Mok died in hospital last year.

Judge Bunleng had just begun work in earnest with his UN-appointed colleague Marcel Lemonde. The ECCC has been budgeted to last just three years.

Cambodian ECCC media spokesman Reach Sambath also confirmed that he was aware of the UN request.

"Both sides are working on the issue to ensure justice keeps moving forward," Sambath said by telephone.

Kang Kech leu, alias Duch, former commandant of the S-21 secret prison where up to 14,000 people are alleged to have been tortured or killed, is the only person to be indicted so far. However, prosecutors have said five possible names have already been put forward and critics have called for still more prosecutions.

In a statement issued last Thursday, Judge Bunleng said it was an honour to be appointed to the Appeal Court but that "as long as the ECCC considers my presence to be essential it is my duty to continue, ensuring there is no interruption or delay in the process."

"I will continue my mission at the ECCC until such time as an appropriate and smooth transition can be made, and I have already begun consultation with my staff and my international counterpart to reach a mutually acceptable and constructive solution that does not disrupt our work," he added.