ECCC Co-Prosecutors: At Loggerheads over New Judicial Investigations
On 1 December 2008, in accordance with Internal Rule 71(2) of this Court, the
International Co-Prosecutor filed a Statement of Disagreement between the Co-
Prosecutors and forwarded it to the Office of Administration for adjudication by the Pre-
Trial Chamber. This disagreement rests upon the appropriateness of opening new judicial
investigations into crimes committed in various locations throughout Cambodia by
certain persons considered to be senior leaders of the Khmer Rouge or persons most
responsible for crimes under that regime. The Office of the Administration has since
seized the Pre-Trial Chamber of this disagreement for adjudication. It has also forwarded
the case files to the Pre-Trial Chamber.
Preliminary investigation of the Co-Prosecutors and adjudication by the Pre-Trial
Chamber of disputes between them are, by law, confidential. This is to uphold
presumption of innocence, protection of victims and witnesses and, above all, the
integrity of the investigative process.
The Co-Prosecutors shall strive to achieve a consensus throughout the process of a
judicial determination of this disagreement. Regardless of this disagreement, the Co-
Prosecutors have been and shall continue to work together, in all their cases, to ensure
that justice is rendered to the victims of the Khmer Rouge.
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