Wednesday, July 05, 2006

Khmer genocide trial a step closer

Bangkok Post EDITORIAL
Wednesday July 05, 2006


After years of squabbling and procrastination, Cambodia on Monday took its first physical step to bring former leaders of the Khmer Rouge to trial. In a ceremony at the Silver Pagoda of the royal palace in Phnom Penh, 17 Cambodian and 10 foreign jurists were sworn in, vowing to perform their duties ''honourably, faithfully, impartially and conscientiously''.

Initially, the task of prosecutors is to determine who should be brought before the court. This task may take 12 months. When that is established, the court proceedings will begin and experts predict they may last up to three years before any verdict is reached.

The Khmer Rouge stand accused of creating one of the worst human tragedies of the 20th century. Nobody will ever know exactly how many Cambodians died during the four-year reign of the regime but estimates put it at about 1.7 million.

With an ultimate aim for an agrarian utopia, the regime tried to establish Cambodia as a huge collective farm. In its quest it abolished education, religion, property rights, currency and all human rights, and forced city dwellers to join farmers in the countryside.

Under the harsh and strict methods of the regime, those millions that did not die of overwork or from being executed for not performing their duty, died of starvation. Today's tourist is horrified by a visit to the infamous Tuol Sleng prison, where up to 20,000 people were tortured and then exterminated; but the prison pales into insignificance when all the atrocities throughout the country are considered.

At this stage, experts predict few former Khmer Rouge leaders will actually stand trial. The regime's leader, Pol Pot, died in 1998 while his deputies are now elderly men in their 70s and 80s, many suffering from poor health.

Pol Pot's top deputy Nuon Chea, often referred to as ''Brother Number Two'' is now 79 years old. He has been treated in Bangkok for a heart ailment but reportedly resides just 30 metres from the Thai border in Pailin.

''Brother Number Three'' is Ieng Sary, 77. Whether he can legally be brought to trial remains unknown as he was granted a royal pardon in 1996 after he defected to the Cambodian government. Khieu Samphan, 75, was head of state for the Khmer Rouge and now lives in Pailin.
Others who may be brought to trial include Ta Mok, 80, an allegedly ruthless commander in the southwest whose nickname was ''The Butcher''; and Kang Kek Ieu, alias Duch, the born-again Christian who was the manager of the Tuol Sleng prison.

Just how many rungs down the ladder prosecutors will step is not known, but Prime Minister Hun Sen, a once low-ranking Khmer Rouge member, has openly shown his reluctance to exacerbate the establishment of the trials, let alone contribute his nation's money to fund it. Foreign donors have finally promised most of the $56 million the trials could cost.

Starting next Monday at a specially-built military compound in Kambol, 15km west of Phnom Penh, the Cambodian and international prosecutors will begin their investigation into the genocide and ultimately decide who should face trial.

Not just Cambodians but the world will be closely watching with interest, in the hope that proceedings go expediently and without any government interference.

It is also hoped that prosecutors do not limit the investigation to the aged and infirm top leaders, some of whom will probably die before facing justice.

Millions of people could not have been exterminated by half a dozen of the then top brass.

In the past, the Cambodian justice system has shown it leaves much to be desired, with outside influence common. The independence of this tribunal is paramount in restoring the faith of Cambodians in their judicial process.

Along with the now continuing success of the International Court of Criminal Justice, based in The Hague, this trial hopefully will be a showcase to give hope to other victims of abuse in the world that their perpetrators will also face justice one day.

1 comment:

Anonymous said...

khmer rouge tribunal..get little bit closer to the 55 million dollars for the hun sen government for sure..if i'm not wrong?...eeyore