24 October 2011
This morning, Michiel Pestman and Andrew Ianuzzi, defence counsel at the Extraordinary Chambers
in the Courts of Cambodia, filed a criminal complaint with the Office of the Royal Prosecutor attached
to the Phnom Penh Municipal Court. The complaint alleges that Prime Minister Hun Sen and a
number of other senior officials of the Royal Government of Cambodia—individually and through their
participation in a common criminal plan—are guilty of interfering with justice and the rights of the
defendants at the ECCC to a fair trial. In particular, it is said that the Prime Minister and/or his alleged
• publicly indicated that certain witnesses should not testify in Case 002;
• publicly opposed further investigation and proceedings in Cases 003 and 004;
• flouted ECCC summonses to appear for testimony in Case 002 without valid reason; and
• prevented ECCC letters inviting Norodom Sihanouk to testify in Case 002 from reaching the King
Pestman and Ianuzzi have suggested that such executive obstruction in the work of what should be an
independent judicial body is contrary to the principle of separation-of-powers enshrined in the
Cambodian Constitution, unduly compromises the integrity of the proceedings in Case 002 at the
ECCC, and—quite simply—amounts to criminal activity under the Cambodian Penal Code.
The complaint argues that no immunity is available to the putative RGC perpetrators. The particular
offences alleged, if proven at any trial, carry terms of imprisonment and monetary fines.
English and Khmer versions of the complaint (as filed) will be available later today on the website of Mr
Pestman’s Amsterdam firm, Böhler Advocaten: http://www.bohler.eu.