By Lauren Crothers
PHNOM PENH, Cambodia
One of two judges tasked with investigating serious allegations against Khmer Rouge suspects in two government-opposed cases laid charges Friday against a former mid-level commander.
A statement released by the Khmer Rouge tribunal said International Co-Investigating Judge Mark Harmon charged Ta An — referred to as Ao An in the notice — in Case 004 with premeditated homicide and crimes against humanity at two security centers and one execution site.
“With the filing of these charges, the Internal Rules of the ECCC permit Ao An, through his lawyers, to have access to the case file and to participate in the investigation, thus accelerating its progress,” the statement continued.
The move comes just three weeks after Judge Harmon charged Ta An’s fellow Case 004 suspect, Im Chaem, with homicide and crimes against humanity, and sole-surviving Case 003 suspect Meas Muth with similar crimes.
A man called Ta Tith is also a suspect in Case 004, but has not been charged to date.
The judge’s Cambodian counterpart at the hybrid court, Judge You Bunleng, took a step back from the cases in 2012.
An email sent to The Anadolu Agency by Neth Pheaktra, the court’s press officer, provided remarks on Judge Bunleng’s position.
“National Co-Investigating Judge You Bunleng said that, in the legal proceeding in the current investigations, it is not very necessary to charge the suspects because according to the investigation, so far, the evidences show more doubts whether the suspects named in these cases are in the court’s personal jurisdiction or not,” Pheaktra wrote.
The email said Judge Bunleng “is committed to continue the discussion and work closely” with his counterpart, but acknowledged that “both judges have different approaches over these cases.”
The pair issued a joint statement in February 2013 that revealed how deep the split is between them. Judge Bunleng said he was done with investigating Case 003, while Judge Harmon called for more witnesses to come forward to provide evidence.
“In Case 004,” Pheaktra wrote, “the two co-investigating judges have, in accordance with the ECCC Internal Rules, recorded a disagreement which covers the issue of charging.”
Asked why no arrests have been made since Meas Muth and Im Chaem were charged, Pheaktra responded judicial police think “now, it is not an appropriate time to act,” because of opposition to the cases. The conclusion was allegedly based on the outcome of several fora held in former Khmer Rouge stronghold areas last November.
Nowhere has that been more apparent than in speeches given by Prime Minister Hun Sen, who has warned that the cases would destabilize the country and bring about a civil war.
Ta An’s lawyer, Richard Rogers, referred questions to his counterpart, Goran Sluiter, who he said had recently met with Ta An. Sluiter did not respond to a request for comment by press time.
