Monday, August 02, 2010

Closure for Cambodia [-Sorry, not for all Cambodians!]

Monday, August 02, 2010
Katherine Marshall
Georgetown/On Faith
The Washington Post (USA)


Phnom Penh was hot, noisy, and bustling last week. Cars, motorcycles, and the ubiquitous tuk tuks (motorcycle taxis) raced through the city with perpetual near collisions. Markets were full. Children were everywhere. There were clouds gathering, but the coming storms of the rainy season held off.

The talk of the town was the long-awaited verdict in the international trial of Kaing Guek Eav, alias Commandant Duch, announced on July 26 by the Extraordinary Chambers in the Courts of Cambodia, a joint United Nations-Cambodian Government tribunal set up to try some of the leaders responsible for the 1975-79 Khmer Rouge genocide in Cambodia. Thirty years have passed, so it's high time to bring the surviving perpetrators to account. The trial of Duch is the first to come to a conclusion.

Duch's conviction was not in question. He was in charge of the notorious Tuol Sleng prison, where somewhere between 12,000 and 20,000 plus people entered, to be registered, tortured, and sent to their death. Fewer than ten who entered are thought to have emerged alive. Duch was renowned for his meticulous attention to detail - incredible records survive - and his cruelty. He acknowledged what he had done; his lame defense was that he was following orders. A convert to Christianity, he held out his faith and the good he said he has done since the Khmer Rouge period as character evidence.

Duch was sentenced to 35 years in prison, but with two reductions, the first to compensate for a period when he was held illegally, and for time served. The bottom line is 19 more years to serve.

The first reaction was outrage at the lightness of the sentence. Duch is now 67 so he is likely to die in prison, but still the sentence seemed almost an insult. But there is also a complex sense of pride that the trial took place. While an initial reaction is to want Duch to suffer at least a fraction of the torment he inflicted on his victims, many in this country permeated with Buddhist thinking take satisfaction that he will suffer horribly in a future life. Vengeance does not seem high on the agenda and many who hold prominent positions have some shadows in their past that they would just as soon leave be.

There was outrage also that the tribunal essentially ducked all issues of reparations, arguing that it had no way to enforce such awards. Page after page of motions for memorials and other steps were dismissed on those grounds. That, surely, is unfinished business for Cambodia, as a government and a people.

The monumental effort to ensure justice that the long verdict report reflects gets some credit. So does the fact that the glacial process does represent a route to come to terms with the past. The proceedings have been televised, and the newspapers have reported on witness after witness over the long life of the trial. But so far only one man has been in the dock. Four more are slated for trials, but most former Khmer Rouge live normal lives. Cambodian children are taught little about what happened, much less why, so they grow up with an uneasy sense of storms left behind.

Closure in the Duch case is a milestone but only a first step toward the reconciliation that needs to occur among the survivors and the perpetrators. Many programs work to address this challenge, including the remarkable Documentation Center of Cambodia led from Yale University and village by village programs in Cambodia, like those of the International Center for Conciliation. But the efforts are barely scratching the surface.

Many Cambodians want to look to the future and relegate the past to some distant drawer. But the heavy clouds are there, and it often feels as if a new storm could break. Pained memories and buried anger are very much part of Cambodian reality today. The multiple efforts to face it, with justice, compassion and understanding, are not only desirable. They are essential.

Katherine Marshall is a senior fellow at Georgetown's Berkley Center for Religion, Peace and World Affairs, a Visiting Professor, and Executive Director of the World Faiths Development Dialogue.

6 comments:

  1. Anonymous12:58 AM

    "PER YEAR BEHIND BARS FOR EVERY 646 CAMBODIAN LIVES." WHAT DOES THAT REALLY SAY ABOUT CAMBODIAN LEGAL SYSTEM? HERE IN UNITED STATES, IF YOU HAVE COMMITTED A CRIME AGAINST ANOTHER PERSON BY TAKING THE LIFE OF OTHERS, FIRST YOU HAVE TO GO THROUGH A PROCESS OF "DUE PROCESS", AND THIS HAPPENS TO EVERYONE WHO ARE LIVING HERE IN THE UNITED STATES, EVEN FOR THE PRESIDENT OF UNITED STATES. " YOU ARE INNOCENCE UNTIL PROVEN GUILTY."

    THUS THE BALANCE OF JUDICIAL POWER FALLS IN THE HAND OF THE JURIES OF HIS PEERS AND THE JUDGE, IN FACT, THE JUDGE HAS VERY LITTLE POWER IN THE COURT ROOM. HOWEVER, IT IS THE JURIES THAT ACTUALLY WOULD HEAR THE CASE WHILE THE JUDGE IS ONLY THERE TO INSTRUCT AND ORCHESTRATE THE ENTIRE PROCESS AND THAT INCLUDING OBSERVING THE DUE PROCESS, PROSECUTORS FOR THE STATE, ATTORNEYS FOR THE ACCUSED AND OBSERVING THE JURIES AND TRIAL, JUST TO MAKE SURE THAT ALL SYSTEMS ARE BEHAVE ACCORDING TO RULES SET FORTH IN THE JUDICIAL SYSTEM AND RENDERED HIS JUDGEMENT BASED ON FACTS WIHOUT BIAS AGAINST NEITHER THE ACCUSED AND THE VICTIM.

    BUT THE CASE OF KHMER ROUGE TRIAL, IT IS RATHER STRANGE HOW THE PROCESS IS TAKING PLACE AND HOW ARE LAWS ARE BEING TRANSLATED AND CONDUCTED. JUST TAKE THE RENDERING OF A JUDGEMENT AGAINST DUCH OR KAING GEK IEV. ALTHOUGH THIS MAN WAS NOT ONE OF THE LEADERS DURING THE KHMER ROUGE, BUT DUE TO HIS INVOLVEMENT IN THE S-21 AND FOR HIS RESPONSIBILITIES AGAINST THE VICTIMS WHICH HAS TAKEN OF MORE THAN 12,000 LIVES, THUS RECEIVED 30THEN REDUCED TO 19 YEARS OF IMPRISONMENT. " A LIFE FOR A LIFE." THIS IS WHAT PUNISHMENT IS ALL ABOUT, BUT IN THE CASE OF DUCH, IT IS NOT SO...HAVING KILLED MORE THAN 12,000 AND RECEIVED A SENTENCED OF 19 YEARS, THAT IS A SLAP ON THE WRIST. IN ADDITION, THIS WOULD TRANSLATES TO ALL THAT ARE IN POWER RIGHT THIS MOMENET IN CAMBODIA AND THE MESSAGE IS: "IT IS OK TO KILL AS MANY LIVES AS POSSIBLE IN CAMBODIA, THE MOST YOU WOULD DO IS ABOUT 19 YEARS." THAT IS EXACTLY WHAT IT IS TELLING THE MANY LEADERS IN CAMBODIA. NEITHER THOSE WHO WERE RESPONSIBLED FOR THE ATROCITY IN CAMBODIA HAVE ACTUALLY BEEN CONVICTED. NORODOM SIHANOUK, KHEIV SAMPHAN, KHEIV KANARITH, NOUN CHEA, AND IENG SARY. NOT TO MENTION THOSE WHO ARE STILL ALIVE TODAY THAT WERE ALSO HELD KEY POSITIONS DURING THE KHMER ROUGE REGIME.

    WHAT REALLY HURTS ME AS KHMER IS THAT OUR LIFE MEANT NOTHING TO THOSE WHO HAVE CONTRIBUTED TO THE ATROCITY OF CAMBODIA. BUT IF KHMER WERE JEWS OF ISRAEL, THE OUTCOME WOULD HAVE BEEN DIFFERENT. KHMER IN THE EYES OF INTERNATIONAL COMMUNITY...KHMER IS A SECOND CLASS CITIZENS. WHAT DOES THAT TELL US A PEOPLE OF THE WORLD? THERE IS ONLY ONE WORLD, BUT DIFFERENT CLASSES. THE ANGER AGAINST THESE NATIONS THUS LED TO HATRED AGAINST THE WEST, THE EUROPEANS. WAR IN CAMBODIA IS NOT POSSIBLE IF IT WAS NOT CONTRIBUTED BY THOSE WHO ARE IN POWER AT THE TIME THAT HELPED BROUGHT DESTRUCTIONS TO CAMBODIA. THE QUESTIONS...WHERE ARE THEY NOW? THIS WOULD LEAD MOST KHMERS TO BECOME AN ASSASSINS AND TERRORISTS AGAINST NATIONS THAT HAVE CONTRIBUTED TO THE ATROCITIES IN CAMBODIA. I SAY TO YOU NOW, IF I HAVE A BUTTON IN MY HAND I WOULD JUST THINK ABOUT THAT. BECAUSE THE EVILNESS OF THIS WORLD IS FAR GREATER THAN THE KINDNESS OF HUMANITY. THIS WORLD HAS GONE MADE, IN STEAD OF SAVING LIVES THEY KILLED MORE AND MORE AND FIND WAYS TO KILL EVEN MORE, IN THE CASE OF WEAPON OF MASS DESTRUCTION. WHEN WILL IT ALL END? WHEN WILL WE LEARN TO RECOGNIZE THAT WAR WILL NOT BRING HUMANITY ANYTHING THAN TO DESTROY LIVES BY THE HAND AND THE MIND OF WHICH WE HAVE PUT IN TO DEVELOP SUCH INSTRUMENTS THAT CAN ACTUALLY DESTROY THE WORLD OVER. WHEN WILL THIS EVER END. IF I WERE TO DIE, I WANT TO BE THE ONE WHO WILL HAVE ACCESS TO THESE BUTTONS AND WAIT FOR KINGDOM COMES.


    X-MEN

    ReplyDelete
  2. Anonymous4:33 AM

    Democratic Kampuchea Pol Pot Khmer Rouge Regime's leaders and members:
    Pol Pot
    Nuon Chea
    Ieng Sary
    Ta Mok
    Khieu Samphan
    Son Sen
    Ieng Thearith
    Kaing Guek Eav aka Samak Mith Duch
    Chea Sim
    Heng Samrin
    Hor Namhong aka Samak Mith Yaem
    Keat Chhon
    Ouk Bunchhoeun
    Sim Ka
    Hun Sen...

    Committed:
    Tortures
    Brutality
    Executions
    Massacres
    Mass Murder
    Genocide
    Atrocities
    Crimes Against Humanity
    Starvations
    Slavery
    Force Labour
    Overwork to Death
    Human Abuses
    Persecution
    Unlawful Detention


    Cambodian People's Party Hun Sen Khmer Rouge Regime's leaders and members:
    Hun Sen
    Chea Sim
    Heng Samrin
    Hor Namhong aka Samak Mith Yaem
    Keat Chhon
    Ouk Bunchhoeun
    Sim Ka...

    Committed:
    Attempted Murders
    Attempted Murder on Chea Vichea
    Attempted Assassinations
    Attempted Assassination on Sam Rainsy
    Assassinations
    Assassinated Journalists
    Assassinated Political Opponents
    Assassinated Leaders of the Free Trade Union
    Assassinated over 80 members of Sam Rainsy Party.

    Sam Rainsy LIC 31 October 2009 - Cairo, Egypt
    "As of today, over eighty members of my party have been assassinated. Countless others have been injured, arrested, jailed, or forced to go into hiding or into exile."
      
    Executions
    Executed over 100 members of FUNCINPEC Party
    Murders
    Murdered 3 Leaders of the Free Trade Union 
    Murdered Chea Vichea
    Murdered Ros Sovannareth
    Murdered Hy Vuthy
    Murdered 10 Journalists
    Murdered Khim Sambo
    Murdered Khim Sambo's son 
    Murdered members of Sam Rainsy Party.
    Murdered activists of Sam Rainsy Party
    Murdered Innocent Men
    Murdered Innocent Women
    Murdered Innocent Children
    Killed Innocent Khmer Peoples.
    Extrajudicial Execution
    Grenade Attack
    Terrorism
    Drive by Shooting
    Brutalities
    Police Brutality Against Monks
    Police Brutality Against Evictees
    Tortures
    Intimidations
    Death Threats
    Threatening
    Human Abductions
    Human Abuses
    Human Rights Abuses
    Human Trafficking
    Drugs Trafficking
    Under Age Child Sex
    Corruptions
    Bribery
    Embezzlement
    Treason
    Border Encroachment, allow Vietnam to encroaching into Cambodia.
    Signed away our territories to Vietnam; Koh Tral, almost half of our ocean territory oil field and others.  
    Illegal Arrest
    Illegal Mass Evictions
    Illegal Land Grabbing
    Illegal Firearms
    Illegal Logging
    Illegal Deforestation

    Illegally use of remote detonate bomb on Sokha Helicopter, while Hok Lundy and other military officials were on board.

    Lightning strike many airplanes, but did not fall from the sky.  Lightning strike out side of airplane and discharge electricity to ground. 
    Source:  Lightning, Discovery Channel

    Illegally Sold State Properties
    Illegally Removed Parliamentary Immunity of Parliament Members
    Plunder National Resources
    Acid Attacks
    Turn Cambodia into a Lawless Country.
    Oppression
    Injustice
    Steal Votes
    Bring Foreigners from Vietnam to vote in Cambodia for Cambodian People's Party.
    Use Dead people's names to vote for Cambodian People's Party.
    Disqualified potential Sam Rainsy Party's voters. 
    Abuse the Court as a tools for CPP to send political opponents and journalists to jail.
    Abuse of Power
    Abuse the Laws
    Abuse the National Election Committee
    Abuse the National Assembly
    Violate the Laws
    Violate the Constitution
    Violate the Paris Accords
    Impunity
    Persecution
    Unlawful Detention
    Death in custody.

    Under the Cambodian People's Party Hun Sen Khmer Rouge Regime, no criminals that has been committed crimes against journalists, political opponents, leaders of the Free Trade Union, innocent men, women and children have ever been brought to justice. 

    ReplyDelete
  3. Anonymous4:40 AM

    Who killed 1.7 million innocent Khmer peoples?

    a) Pol Pot
    b) Nuon Chea
    c) Ta Mok 
    d) Khieu Samphan 
    e) Son Sen 
    f) Kaing Guek Eav aka Samak Mith Duch
    g) Ieng Sary 
    h) Ieng Thearith
    i) Chea Sim
    j) Heng Samrin
    k) Hor Namhong aka Samak Mith Yaem
    l) Keat Chhon
    m) Ouk Bunchhoeun
    n) Sim Ka
    o) Hun Sen...
    p) all of above

    Source:
    DC-CAM
    Document Center of Cambodia


    On October 7, 2009 Chea Sim, Heng Samrin, Hor Namhong, Keat Chhon, Ouk Bunchhoeun and Sim Ka has been summoned by the UN backed Khmer Rouge Tribunal court (ECCC).

    ReplyDelete
  4. Anonymous4:45 AM

    Which one of these Khmer Rouge(s) list below is the current Khmer Rouge Regime's leader?

    a) Pol Pot
    b) Nuon Chea
    c) Ta Mok 
    d) Khieu Samphan 
    e) Son Sen 
    f) Kaing Guek Eav aka Samak Mith Duch
    g) Ieng Sary 
    h) Ieng Thearith
    i) Chea Sim
    j) Heng Samrin
    k) Hor Namhong aka Samak Mith Yaem
    l) Keat Chhon
    m) Ouk Bunchhoeun
    n) Sim Ka
    o) Hun Sen

    Fact:
    Pol Pot is a Khmer Rouge leader of the Democratic Kampuchea Khmer Rouge Regime.

    Hun Sen was a Khmer Rouge commander of the Democratic Kampuchea Khmer Rouge Regime and now, a Khmer Rouge leader of the Cambodian People's Party Khmer Rouge Regime.

    On October 7, 2009 Chea Sim, Heng Samrin, Hor Namhong, Keat Chhon, Ouk Bunchhoeun and Sim Ka has been summoned by the UN backed Khmer Rouge Tribunal court (ECCC).

    ReplyDelete
  5. Anonymous4:54 AM

    Which one of these Khmer Rouge(s) list below is a prison chief of Boeung Trabek prison B32?

    a) Pol Pot
    b) Nuon Chea
    c) Ta Mok 
    d) Khieu Samphan 
    e) Son Sen 
    f) Kaing Guek Eav aka Samak Mith Duch
    g) Ieng Sary 
    h) Ieng Thearith
    i) Chea Sim
    j) Heng Samrin
    k) Hor Namhong aka Samak Mith Yaem
    l) Keat Chhon
    m) Ouk Bunchhoeun
    n) Sim Ka
    o) Hun Sen

    Source:
    DC-CAM
    Document Center of Cambodia

    Fact:
    During the Democratic Kampuchea Pol Pot Khmer Rouge Regime;
    There are 196 prisons.
    There are 196 prison chiefs.
    There are 1.7 million innocent Khmer peoples killed by the Democratic Kampuchea Pol Pot Khmer Rouge Regime.

    Democratic Kampuchea Pol Pot Khmer Rouge Regime's leaders and members:
    Pol Pot
    Nuon Chea
    Ieng Sary
    Ta Mok
    Khieu Samphan
    Son Sen
    Ieng Thearith
    Kaing Guek Eav aka Samak Mith Duch
    Chea Sim
    Heng Samrin
    Hor Namhong
    Keat Chhon
    Ouk Bunchhoeun
    Sim Ka
    Hun Sen...

    Kaing Guek Eav is a prison chief of Toul Sleng prison S21.
    Source:
    DC-CAM
    Document Center of Cambodia

    The UN backed Khmer Rouge Tribunal court (ECCC) must indict 195 other prison chiefs.

    "I will not allow the UN backed Khmer Rouge Tribunal court (ECCC) to indict more Khmer Rouge Regime leaders, I rather let the court (KRT ECCC) fail.  Indict more Khmer Rouge Regime's leaders will lead the country into a civil war."
    Samak Mith Hun Sen
    Cambodian People's Party Hun Sen Khmer Rouge Regime's leader

    Samak Mith Hun Sen will not allow the UN backed Khmer Rouge Tribunal court (ECCC) to indict more Khmer Rouge Regime leaders who is responsible for killing 1.7 million innocent Khmer peoples.

    Samak Mith Hun Sen threaten to turn Cambodia back into the Killing Fields all over again.

    War with whom?
    War with innocent Khmer peoples without weapon?

    Once a Khmer Rouge, always a Khmer Rouge.

    A good Khmer Rouge(s) is a dead Khmer Rouge(s)

    Khmer Rouge(s) continue to kill innocent Khmer peoples.

    Cambodian People's Party Hun Sen Khmer Rouge Regime's leaders and members:
    Hun Sen
    Chea Sim
    Heng Samrin
    Hor Namhong aka Samak Mith Yaem
    Keat Chhon
    Ouk Bunchhoeun
    Sim Ka...

    "(Samak Mith) Duch (Kaing Guek Eav) 19 years sentence is too short and doesn't fit his crimes."
    Samak Mith Yaem (Hor Namhong)
    Prison Chief of Boeung Trabek prison B32

    Hor Namhong want the whole world to know that he is not a Khmer Rouge and a prison chief of Boeung Trabek prison B32.

    Hor Namhong is a prison chief of Boeung Trabek prison B32.
    Source:
    Phnom Penh Post

    Hor Namhong said to the French judge that he is not a prison chief of Boeung Trabek prison B32, in fact members of his family was killed by Khmer Rouge(s).

    Hor Namhong can lies all he want, at the end, he got summoned and will get indict, prosecute, convict and sentence.

    Criminals likes to lies.

    The place where criminals lies the most is inside the court room in front of the judge(s).

    On October 7, 2009 Chea Sim, Heng Samrin, Hor Namhong, Keat Chhon, Ouk Bunchhoeun and Sim Ka has been summoned by the UN backed Khmer Rouge Tribunal court (ECCC).

    ReplyDelete
  6. Anonymous6:11 PM

    As long as the American, who ordered to drop Cambodian republicans in 1975 into the arms of Khmer rouges, is not prosecuted, no justice would be done because he really sent us voluntarely to the killing field.

    ReplyDelete