Eloquently and firmly, two brothers of victims close the door to forgiveness

Kambol (Phnom Penh, Cambodia). 20/08/2009: Chum Sirath, 68-year-old civil party, on a screen in the press room at the ECCC during his testimony on Day 62 in Duch’s trial (Photo: John Vink/ Magnum)

22-08-2009
By Stéphanie Gée
Ka-set

Drama is an important component of justice. It helps write the key moments of a trial. Its impetus lies in eloquence, provocation, unsettling the opponent and historical perspective. To this day, this weapon – not to say this necessity – has mostly been the prerogative of the defence. During this week of powerful and moving testimonies, civil parties stole the show from Duch. Thursday August 20th, Mr Chum Sirath spoke to the court. Humourous, incisive, pertinent, sensitive, sometimes lawyer, sometimes prosecutor, he cornered Duch, who lost some of his eloquence. His performance crudely recalled the near-inexistence of the prosecution in Duch’s trial. Like Chum Sirath, Mr Ou Savrith, who testified from France, left no chance for any forgiveness to the accused.

A civil party at ease

Until the last minute, like all the other civil parties who preceded him, Mr Sirath, 68 years old, was not feeling too confident. Talking in public and in a trial about the suffering his relatives must have been through and the deep affliction cast on his family by this tragedy was a dauting challenge. Yet, as soon as he entered the courtroom, Mr Sirath managed to show a level of ease only Duch had demonstrated until then. With the difference that the civil party was on the right side of the courtroom. The director of an IT company in Cambodia, who has French and Cambodian nationality, was bereaved of two brothers, a sister-in-law and probably the latter’s baby, all eliminated at S-21.

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'I betrayed friends,' says S-21 chief

Friday, 21 August 2009
Cheang Sokha
The Phnom Penh Post

Former Tuol Sleng prison chief Kaing Guek Eav, alias Duch, told Cambodia's war crimes court Thursday that he made a conscious effort to ignore friends and colleagues who were sent to the torture facility, an act he said was tantamount to betrayal.

"I would like to reiterate that my friends who were arrested and detained at S-21 were numerous, and I had to get away from them. I betrayed friends and colleagues," he said.

"I had to pretend not to see them because I did not want to face them."

He went on to say that all detainees at the prison were considered enemies and were doomed to be executed.

Duch's comments came in response to the testimony of Chum Sirath, 68, a civil party who said his brother, Chum Narith, had studied with the prison chief in 1968. Chum Narith was arrested and sent to Tuol Sleng in 1976.

"I have struggled constantly, every day and night, trying to forget the suffering and misery of my siblings," said Chum Sirath, who was living in Switzerland during the regime but who lost two brothers and a sister-in-law to it.

Chum Sirath also said he did not believe Duch's oft-repeated confessions and apologies were genuine, prompting Trial Chamber President Nil Nonn to assure him that the chamber would issue a "fair and just" verdict.

"I have struggled constantly, every day and night, trying to forget..."

"The proceedings before this chamber have been ongoing for several months, and at the end the chamber will consider all the information and evidence and then issue a judgement, which will be fair and just," Nil Nonn said.

Court spokesman Reach Sambath said Thursday that proceedings in the Duch case would conclude in late September or early October, and that a verdict would be reached in early 2010.

One member of the KRT civil party rejects Duch’s apology

20 August 2009
By Leang Delux
Radio France Internationale
Translated from Khmer by Heng Soy

This is the second day that Chum Sirath, a civil party in the KR Tribunal, declared that he will ignore Duch’s apology. Chum Sirath said that Duch’s apology is dishonest. Duch declared that he unconditionally accepts the scolding and the accusation by the civil party.

On Thursday, 68-year-old Chum Sirath, who is part of the civil party, declared during the court chamber hearing that the apology offered by the accused Duch was dishonest and it was offered to dupe the public and comfort his personal feelings only. Chum Sirath continued his declaration while fixing his glaze on Duch, saying that he does not care at all about Duch’s apology. He said that he came to KRT to demand justice, a justice that will tell him about the cause and the timing of the murder of his younger brothers.

Chum Sirath has 2 younger brothers, one sister-in-law, and a nephew who were sent to the S-21 center. According to Chum Sirath’s claim, Chum Sinarith, one of his two brothers sent to S-21, was a friend of the accused Duch.

However, Duch could not fulfill Chum Sirath’s request. Duch replied to Chum Sirath that he did not even know that Chum Sinarith, his former friend, was sent to S-21 which was then under his control. During the hearing, Duch sadly indicated that several of his friends were sent to S-21. However, he had to turn away from all his friends to save himself because he did not have the ability to help any of them. Duch also declared that he unconditionally accepts all the scolding and the accusations leveled by the civil party with a smile.

Duch Put Friends in Prison, Too

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
20 August 2009

The Khmer Rouge prison chief Duch told a UN-backed court Thursday he had not spared friends in the murderous prison known as S-21, as they were considered “enemies” of the revolution.

“I loved them, respected them, but I couldn’t go to see them,” Duch told the court, following the testimony of a civil party complainant in the trial.

The complainant, Chum Searath, criticized Duch for cowardly acts and of [not?] helping his friends and fellow teachers at S-21, also known as Tuol Sleng.

Duch, 66, whose real name is Kaing Kek Iev, is facing atrocity crimes charges for his role as administrator of Tuol Sleng and other sites, where prosecutors say 12,380 people were sent to their deaths.

Duch said he had been “incapable” of helping even his friends.

“As you know,” he told the court, “it was the principle that those who were arrested were considered as enemies.”