Tuesday, December 05, 2006

Youk Chhang: "The concern was about a sham trial and whether the UN would lose face. Victims were left behind"

Huot Sambath (Photo: DC-Cam)
Tuesday, December 5, 2006
KR Victims Return in Anticipation of Tribunal

By Erika Kinetz
THE CAMBODIA DAILY


On Dec 31, 1975, Huot Sambath, then-ambassador to Yugoslavia for King Norodom Sihanouk's government in exile, flew back to Cambodia with the King for what was supposed to be a two-week trip.

His wife, Marie-Felicite Sambath, says that not long after, she received a telegram from then Khmer Rouge deputy prime minister Khieu Samphan, telling her to bring her six children back to Cambodia.

She asked for asylum in France instead.

Now, 40 years later, Marie-Felicite Sambath has returned for the first time to the country that took her husband, her daughter, her mother and her sister.

Already, she has a file from the Documentation Center of Cambodia that tells her, in rough terms, what happened to her husband. He was executed at Tuol Sleng prison in November 1976. But now she wants to know why and how and who—questions she hopes the long-delayed Khmer Rouge tribunal will be able to answer.

"I'm so scared," she said in an interview Monday. "I promised myself never to come back to Cambodia. I can't believe I'm here."

Marie-Felicite Sambath, 72, is just one of the victims who have begun to trickle into the Extraordinary Chambers in the Courts of Cambodia, hoping that somehow the justice it renders will be not just historical, but also personal.

For now, however, the court has little to offer people like her.

Included in the draft internal rules debated at last month's plenary session of the ECCC were provisions for a victim's unit, which would help victims register complaints, find lawyers and sign on as civil parties to the tribunal.

The recent plenary session to discuss the internal rules of the tribunal, which was riven by conflict between the Cambodian and international sides of the court, failed to adopt those rules. Without these rules the trial cannot proceed. Moreover, there is currently no funding set aside for the proposed victims' unit.

ECCC spokesman Peter Foster said that the court recognized the importance of victims.

He referred to a November statement on the plenary session, which said one reason for the delay in reaching an agreement was that there had not been time to adequately address "vital issues before the court, in particular the role of victims and civil party rights."

Meanwhile, Marie-Felicite Sambath and her son Sothea Sambath are largely on their own as they struggle to transform their emotional need for closure in the death of a husband and father into something that might register with the long-awaited tribunal.

"We must find the proper way to approach the tribunal," said Sothea Sambath, 37, who moved to Phnom Penh from New York earlier this year.

Youk Chhang, director of the Documentation Center of Cambodia, said victims were not the priority in the agreement that established the ECCC.

"The concern was about a sham trial and whether the UN would lose face. Victims were left behind. Now here we are, victims all over the place, wanting to know what happened," he said.

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For additional information on Huot Sambath: Click here to read DC-Cam's article in Searching for the truth, No. 20, August 2001. Article starts from page 13 forward (Adobe Acrobat required).

6 comments:

Anonymous said...

The international court will goes nowhere; Phnom Penh gorverment will do everything to delay, delay because they don't want to see the trial at all; otherhand gorverment need time to suck the UN money. Keep my word!.

Anonymous said...

Western judges have no idea about Cambodian leaders. They think that they could find justice for the Cambodian victims, but they fail to understand Cambodian political reasons. Here is one question the UN should reconsider: Do you think that Hun Sen would allow you to put him on trail too? No way, unless he is out of power. Otherwise, keep some money to help the poor in Cambodia than to use it to pay judges and lawyers. Hun Sen was former Khemr Rouge soldier, as well as many other Cambodain politicians and the former King. The cry for jsutice for Cambodian victims will never be heard. If Hun Sen's government falls apart, there will be hope for Cambodian victims. Please think it twice before you take another action on trial of Khmer Rouge leaders. It will never work if you expect them to go alongside with you. Have fun.

Anonymous said...

Circus show! My poor people!

Anonymous said...

The KK's trail will not be possible as long as the CPP ruling Cambodia.

Capitalism going Global is also much slower than expected with the Communist Party ruling Vietnam.

What do you think world? Cann't figure out how to do away both of them? Come on!

Anonymous said...

Where is justice? where is justice!!!! Those who killed millions people live freely. One tribunal can't be operated smoothly. Who were behind this scene of killing???? China???? Youn/Vietnam???? Russia???? or USA???? or UN itself??? Why can't this tribunal on khmer rouge leaders work???? Who plays role in obstacling this tribunal process???? Hun Sen??? Sihanouk??? or who else behind Hun Sen???? China??? Vitnam???? They killed people then they obstacle tribunal. They don't want tribunal discover their bad face, their guilty. Dear Mr. Koffi Anan!! Where is justice for millions of victims in Cambodia???? or our lives were just such cheap as animal for those people to use to taste their ideology????????????????
I want to know why my father, my uncles, my aunts..and other khmer people were killed?????????

Anonymous said...

ah this is the story about the Sambath's legacy. my guess (i know am right) is Sophea Sambath is the same person as Rami Sambath from khmerconnection.com. isn't he once accused of being a cheater?