Dutch lawyers in Cambodia mega-trial

28 June 2011
By Johan van der Tol
Radio Netherland Worldwide

Two Dutch lawyers are involved in the historic genocide trial which started in Cambodia this week. It centres around four leaders of the Khmer Rouge, the Communist movement which instigated a reign of terror in the latter half of the 1970s. The Dutch lawyers, together with a Cambodian colleague, are defending the regime's deputy leader, Nuon Chea, also known as Brother Number 2. They say obstruction by the Cambodian authorities has been their biggest problem.

Victor Koppe and Michiel Pestman have been involved in a variety of international tribunals. But, Koppe says, this one is unique:

"It has been called the biggest trial since Nuremberg. It's also the first time a Maoist or Communist regime has been put on trial. These two factors make it different from every other trial so far. It's an historic trial and that makes it extremely interesting."

Very worrying

The lawyers and international organisations following the trial have already complained about corruption at the tribunal and interference by the Cambodian authorities putting pressure on the judicial process.

"The direct influence of the Cambodian government on the judges in particular is a major problem. In the months to come we shall see whether that will become problematic to the extent that a fair and honest trial is no longer possible. But there is undoubtedly a great deal of obstruction and that is a very worrying observation."

Walk out

So are foreign lawyers being used to give a dishonest trial an international stamp of approval? Koppe does not believe things are that bad.

"There is a cut-off level, though. And if we fall below that, our client will no longer be prepared to appear in court. He already walked out of the first procedural session because he will not be allowed to challenge a number of things in the new few days."

Between 1975 and 1979 an estimated two million Cambodians died under the Khmer Rouge regime. Many of them died as a result of exhaustion, physical abuse and executions in the 'Killing Fields', rural locations where the urban populations were deported by their Maoist leaders. The charges ranged against Nuon Chea include genocide, war crimes, crimes against humanity and murder.

Vietnam & US

So what arguments can a defence lawyer bring to bear? Koppe is not prepared to go into detail but he does point out that a great deal remains to be said about the time in which the Khmer Rouge came to power and gained control over the country.

"We will attempt to focus on the factors which led him to take decisions and how those decisions were taken. These include the role of neighbouring Vietnam and the consequences of the US bombing campaigns of 1975. Those are just a couple of the many factors our client would like to put before the court."

The trial is expected to last two years. The two Dutch lawyers will spend approximately one year each in Cambodia.