A still from a film of S-21 that judges said Wednesday could not be used as evidence. (PHOTO COURTESY OF THE DOCUMENTATION CENTRE OF CAMBODIA)Thursday, 30 July 2009
Georgia Wilkins and Cheang Sokha
The Phnom Penh Post
Controversial footage filmed by Vietnamese troops after the Khmer Rouge fled the capital will not be permitted as evidence.
JUDGES at Cambodia's war crimes court on Wednesday decided against allowing the use of footage of Tuol Sleng prison shot by Vietnamese troops in 1979 as evidence in the trial of the prison's former chief, Kaing Guek Eav, citing time restrictions and concerns that the footage would be repetitive.
Defence lawyers for the accused had previously argued that the authenticity of the footage, which was donated in December by the Vietnamese government, has never been verified.
Prosecutors have said they believe the footage, which shows infants and children in poor health being removed from the compound, is necessary to demonstrate inhumane conditions at Tuol Sleng.
"It is undisputed that the conditions of detention at S-21 were inhumane," judges said in a filing Wednesday.
"The footage is likely to have little impact upon the trial and is in substance repetitious as a means of establishing these facts."
Judges added that "a number of supplementary investigations" would be necessary to prove the credibility of the footage.
"The chamber considers that verification of the reliability of this footage, a precondition for its use as evidence, is unlikely to be obtained within a reasonable time," they said.
Footage 'superfluous'
The footage is purported to show the prison immediately after it was discovered by Vietnamese forces.
Prosecutors had hoped to use the footage to prove that children had been detained with their parents, but judges said the testimony of a man who claimed to be one of the boys in the footage provided sufficient evidence of this.
"In view of the testimony of [child survivor Norng Chan Phal] and other witnesses ... this footage is superfluous to establish that children of arrested cadre were also brought to S-21," the judges said.
Defence lawyer Kar Savuth told the Post Wednesday that he believed the court had made the right decision.
"The reason I do not want to use this video [in the trial] is because most parts of it have been invented," he said. "The trial should be based on real facts, not invented ones."
Spencer Cryder, a legal associate for the Documentation Center of Cambodia, which first obtained the archival footage, said Wednesday that the decision reflected the general tendency of tribunal judges to resist supplementary investigations.
"The trial chamber's decision on the S-21 video did not address the root issue - the investigative inertia that exists during the [tribunal's] trial phase," he said.
"Only the trial chamber can order additional investigations during the trial phase. However, the chamber did not order such an investigation."
JUDGES at Cambodia's war crimes court on Wednesday decided against allowing the use of footage of Tuol Sleng prison shot by Vietnamese troops in 1979 as evidence in the trial of the prison's former chief, Kaing Guek Eav, citing time restrictions and concerns that the footage would be repetitive.
Defence lawyers for the accused had previously argued that the authenticity of the footage, which was donated in December by the Vietnamese government, has never been verified.
Prosecutors have said they believe the footage, which shows infants and children in poor health being removed from the compound, is necessary to demonstrate inhumane conditions at Tuol Sleng.
"It is undisputed that the conditions of detention at S-21 were inhumane," judges said in a filing Wednesday.
"The footage is likely to have little impact upon the trial and is in substance repetitious as a means of establishing these facts."
Judges added that "a number of supplementary investigations" would be necessary to prove the credibility of the footage.
"The chamber considers that verification of the reliability of this footage, a precondition for its use as evidence, is unlikely to be obtained within a reasonable time," they said.
Footage 'superfluous'
The footage is purported to show the prison immediately after it was discovered by Vietnamese forces.
Prosecutors had hoped to use the footage to prove that children had been detained with their parents, but judges said the testimony of a man who claimed to be one of the boys in the footage provided sufficient evidence of this.
"In view of the testimony of [child survivor Norng Chan Phal] and other witnesses ... this footage is superfluous to establish that children of arrested cadre were also brought to S-21," the judges said.
Defence lawyer Kar Savuth told the Post Wednesday that he believed the court had made the right decision.
"The reason I do not want to use this video [in the trial] is because most parts of it have been invented," he said. "The trial should be based on real facts, not invented ones."
Spencer Cryder, a legal associate for the Documentation Center of Cambodia, which first obtained the archival footage, said Wednesday that the decision reflected the general tendency of tribunal judges to resist supplementary investigations.
"The trial chamber's decision on the S-21 video did not address the root issue - the investigative inertia that exists during the [tribunal's] trial phase," he said.
"Only the trial chamber can order additional investigations during the trial phase. However, the chamber did not order such an investigation."
20 comments:
" An insincere and evil friend is more to be feared than a wild beast; a wild beast may wound your body, but an evil friend will wound your mind."- Buddha
This 21st century ,we can watch our Khmer Empire by Google Earth.
Data SIO,NOAA,U.S. Navy,NGA,GEBCO
Vietcong has no Buddha,what I have seen since 1970.
"They who imagine truth in untruth and see untruth in truth will never arrive at the truth."-Buddha
Ladies and Gentle men of International JUDGES.
Here,we have some photos and films:
http://fr.youtube.com/watch?v=sVLTFmWX4VE
http://ki-media.blogspot.com/2009/04/9-lives-of-norodom-sihanouk-part-1-in.html
http://ki-media.blogspot.com/2009/04/9-lives-of-norodom-sihanouk-part-2-in.html
KHMER SONG
http://www.youtube.com/watch?v=SUoUhC-fHfM&feature=channel_page
http://www.youtube.com/watch?v=hZPDQG9cwJA&feature=channel
Khmer Rouge aint’ dum, stupid and bad, Khmer Rouge is smart, we protected the country for no one can invaded our territory at that era. Now, you can see there’s lot of foreigners in Cambodia, land grabbing etc. Those who said lot of ‘Youn’ in Cambodia, why is that? because there’s no more Khmer Rouge to protect Cambodia. Again let take a look at the border Khmer-Thai would you? Again there is no more Khmer rouge to protect Cambodia. You keep putting the blame on Khmer Rouge. You always keep saying Khmer Rouge killed million of people. Of course we already knew that lot of Khmer dead you don’t have to keep mention over again and again. It’s past now and over I wish you do not bring up, it’s not going to do any good for young generation. Who to blame? China? I should blame CHINA. You should not blame Khmer Rouge even we had bad reputation, I know this will never been vanished from your heart. I, a former Khmer Rouge soldier feel sorrow for those whose lost families during Khmre Rouge regime. In according to Duck’s case now he is over 60s year old of age, it seems nothing the United Nation can do beside put him in jail when found guilty. Objectively, you can’t blame ALL Khmer Rouges are bad, human NOT all bad, think and look around you. Do you think you could find good people around you to be trustful? Absolutely not there’s no one you can trust. Can you see some people get kill almost everyday by car accident, brutal argument etc, and being discriminated by race Black-Khmer and White-Khmer-Chinese, using her/his as slavery everyday at home. Hey! let me tell you especially the Phnom Penh people I’ve seen now very dicriminated against Black-Khmer, why? Because they consider Black-Khmer as a slave, low value, White-Khmer Chinese treat them high class better than Black-Khmer. This is abuse than Khmer Rouge living regime. Can you see it, this living society now is worse than Khmer Rouge. I hope you know what I meant? If you still keep getting mad, hate Khmer Rouge, it’s not going to do any good in the future. Khmer Rouge is KHMER and you are KHMER too, thus we must end now in order to have the country growth. SAMAKEE, SAMAKEE, SAMAKEE we will always win with to the enemy.
AngkorianMan Krama Man
Dream on it big boy 10:21pm.
There are dark Cambodian people that are rich and powerful as clear skin Cambodian. The point is, you just don't have a right to go around and kill people. They are not chicken or fish. You big boy Khmer Rouge used to treat people like chicken or fish or You! mr. small man Khmer rouge's soldier used to have mighty power of King. You had gun and had right to finish people off, all because of your silly thinking. Think that it was nothing and no big deal. Wrong Mr.you need to shut your fuc. up pay for your crime and and go to prison.
To: Angerrian Man
No, you're not Khmer Rouge you're Khmer ruined your own stupid brainwashed.
There are discrimination everywhere you go. Thailand discriminates against thais' muslim. France disciminates against Khmer in their land, because they think all Khmers are Khmer Rouge. White American discriminates against African American and other races, but there are education. There are level of tolerance and understanding to live together. For The Khmer Rouge regime? None and zero. People just live their lives and do the hell they want. You do horrible thing, you go to jail and lost your freedom. For that mother fuc.er Khmer Rouge, everything is kill kill kill. Kill their mothers.MotherF. No one ever heard of any government which sent their own people down to hell like they do before. Never heard of. For crying out loud, people have their homes, families, jobs and things to fullfill their days normally and happily. All the suddend, out of their god damm minds, that mother fuck..told everyone to leave their homes and emptying them in the middle of no where. Where was food? or shelter? or medicine? Did that mother fuc.. care? No. Those mother fuc., they cann't think straight. It was so unfortunate that Cambodia was running by those F. up people. Their blood were leach's. Great defending Cambodia's territory for ghost and for a few of your motherfuck.
To 12:25 AM,
What's the hell matter with you Man? Hey Man! I don't want to use offensive language here. You are too much sun bit, whay can you go to tell Daychu Sen saying that you hate Khmer Rouge? Man look! If there’s no 7 January 1979 your ass wouldn’t be in abroad, you gain education and your living style is much better to compare to the People in Cambodia. You need to start contribution to our poorest Cambodian people. You are Khmer and so as me. You still keep saying 'Kill' Kill what? your Mother Fucker Ass Hah? Asshole! Don't fuck with Khmer, I'm Khmer Rouge, I wish if you act as you are during the regime. Man! You'll see what I could have taught you with? Your ass wouldn't be in abroad as now MAN. You get to stop now Man!.
AngkorianMan Krama Man
Only fool would go around and admit themself as Khmer Rouge right now. One stupid will always stupid.
10:21pm Angkorian man
You don’t know how mush lands that we lost to Thai during the KR era. Do your boss let you (former Khmer Rouge soldier) know what they offer to Thai in order to get the support from Thai. Did KR have media, Broadcast, or newspaper?
You said that you (KR) protect Cambodia. Protect with what? You protect Cambodia land with your bloody hands by killing those innocent people and children.
.For over 3 years in the Khmer Rouge regime, I witnessed many killings right before my eyes. I sat there and watched my 4 years old nephew dying. I looked at him with his big head, sunken eyes, and sunken cheeks. He was so thin, all he had was only skin that covered his bones. I saw my friend commit suicide because she could not stand the suffering any longer. Another friend sat there and kept rocking her baby in the cradle--the baby girl had been dead for hours. There are no words to describe how painful she looked. Also the woman in the same unit with me stood there and watched them take away her teenage son to kill. She didn’t even shed a tear. She had no more tears to cry. I saw the Khmer rouge soldiers (like you) take away an ox cart full of children, and return back with an empty, bloody cart. ….
You (Angkorian man) are not humans! What was inside you? Are you evil incarnated? Your way of acting is beyond my understanding. What were you thinking when you raised your hands to kill those children???
And now you said that is over; I wish you get burn in hell.
We all have to let the young generation know what were happen to their country and what their ancestors gone through.
They were just bunch of mess up and sick in head people. Just like I got a gun, i'll kill. You! You! You! That was khmer rouge. Disbelief we looked at them as a little stupid or crazy kid. No one dare to fight with a crazy basterd. Unless, you have a death wish at that time, but there were two millions of us that would rather die then live with a crazy animals. Those skulls in the museum today, said a billion words.
Cambodia must derive from French which they call us Cambodja, but look at the word Cam and bodi. It almost means camp of death body, because people don't necessary referre to the word body unless it's lifeless. That's exactly what happened to Cambodia in the past and almost all of us are still living in that horrible memory today. A country or a camp of death bodies is good? Believe it or not? it's bad, a very bad name and it was a nightmare came true. What happens to Kampuchea? or Angkor country? May be it's time that the Cambodian's leader need to really and seriously change our county's name for good. Angkor is a beloved name and most recognize monument to Cambodian around the world. It's pretty dawn good that the country should be named Angkor instead. Why put up with a stupid name forever????
Think people! Think long and hard.
AngkorianMan, If u were a Khmer rouge, everyone wont die, all victims will be ass raped. During the khmer rouge times u werent even born yet. U were probably still swimmin around ur dad's testies. Stupid idiot claiming to be khmer rouge and boasting. If u are then MAY U AND ALL UR FAMILY DIE FROM CHOKING ON EACH OTHERS GENITALS.
Change our country's name?? You must be american, the idiots that change their khmer name to english names. U need to sit down and breath while thinking. if u still think stupidly, u might aswell kill urself.
Is the suggesting name American or English? What are we going to do with an old fart like you 7:36pm?
I do agree with you, AngkorianMan Krama Man.
Thanks to 5:43 AM,
Remember! if you hate Youn, Youn wanted you to hate Khmer Rouge, Khmer Rouge is 'KHMER', Khmer Angkor, thus if you continue to hate Khmer Rouge, that meand you hate your ownd ancesters, Khmer Angkor. Remember! enemy always wanted you to kill all Khmer Rouge, KILL ALL KHMER THAN THERE WILL BE NO MORE CAMBODIA. I hope you understand my point. Thanks
AngkorianMan Krama Man
A retard residue of the retard regime called KR...need not saying anymore.
some stupid out Khmer and why don't wake up not to be blam to China because behind the killing field did by A Yuonese / Vietnamese, why I said that one of my cousin brother A Yuonese / Vietnamese secret agent ok, after they sued him and they killed him during 1977, A Yuonese / Vietnamese just change the steeling wheel ok, from the real Kun Khmer not A Yuonese / Vietnamese vampire. from Cambodian Victim in Australia
It makes you wonder why didn't anybody at the top do anything? They know the killing the suffering went on, but did nothing. People got killed or missing or had nothing to eat. Oh well. It wasn't a big deal to them. That what's bothering the most. There was no arrest no punishment or justice whatsoever. Each and every Mr. Little man soldier with gun or the president of the village was god or king with ablsolute power. This was Cambodia between 1975 and 1979. You stood up you were a dead meat. Nazi Germany can just move over. Fear just run thru everyone's skull every day and night. January of 1979, a break came. No body really know what it was. Most people just took off and saying good bye to Cambodia. Some are forever. It was a very sad day.
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