Civil parties urged to justify their status in Duch’s trial

Kambol (Phnom Penh, Cambodia). 26/08/2009: Ty Srinna, co-lawyer for civil parties, on Day 65 in Duch’s trial at the ECCC 
(Photo: John Vink / Magnum)

26-08-2009
By Stéphanie Gée
Ka-set

The issue of the admissibility of victims’ applications as civil parties in Duch’s trial was unresolved since the initial hearing on February 17th and 18th 2009. Two weeks ago, the Chamber asked the defence to prepare their observations on these applications, should they have any. The defence did. Since Tuesday August 25th, a heated debate started between the defence counsel and civil party lawyers, with the former challenging the legitimacy of some of the civil parties in the absence of adequate relevant documents while the latter protested such a questioning of the civil parties’ word barely a few weeks away from the end of the hearings.

26 civil parties challenged by the defence

Marie-Paule Canizarès, colleague of François Roux, Duch’s international lawyer, announced yesterday that the defence intended to challenge the admissibility* of 26 civil parties, all civil parties who did not request to be heard by the Chamber. These objections related to two elements: it appeared from the case file there was no filiation or other family link established between the civil party and the victim represented, or there was no element proving that the victim represented could have been detained at S-21.

Alain Werner: it is too late for such a questioning

It was time to discuss these contested cases, but Alain Werner, co-lawyer for civil party group 1, intervened to argue that, in light of Articles 23.4 and 83.4 of the Internal Rules, the examination of the admissibility of these civil party applications “at the initial hearing, not after” – even if Article 100 allowed the Chamber to rule on the admissibility of a civil party application in the judgment. “There is a rationale to this: when a civil party application is declared inadmissible, this allows for a means of redress […] for the civil party, who may appeal the decision before the Supreme Court Chamber.” The lawyer “preliminarily” asked the Chamber to “rule on this issue and say precisely whether or not the defence […] is entitled today, a few weeks from the closing of these hearings, to come and question the admissibility of the applications of 26 civil parties.” Alain Werner was immediately supported by the lawyers for the other civil party groups.

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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.

Tioulong Antonia demands justice from Duch

Duch (L) and Mrs. Tioulong Antonia (R) (Photo: Ly Meng Huor, RFI)

Tuesday, August 18, 2009
By Ly Meng Huor
Radio France International
Translated from Khmer by Heng Soy

Mrs. Tioulong Antonia, the daughter of Samdech Chakrey Nhiek Tioulong, demanded justice from Duch, the former S-21 jail chief, during the court hearing on 18 August. Mrs. Tioulong Antonia is currently working for the French “L’Express” magazine, and she is part of the civil party because her older sister, Tioulong Raingsy and the latter’s husband, Lim Ky Mary, died at the Tuol Sleng jail in 1976.

The case of the torture imposed on the daughter and the son-in-law of Samdech Chakrey Nhiek Tioulong, prior to their killings at the Tuol Sleng (S-21) jail under the KR rouge regime, was discussed during today’s hearing for Duch. Mrs. Tioulong Raingsy was the second of the seven daughters of Samdech Chakrey Nhiek Tioulong. The latter was a high-ranking Cambodian official [and former general] and he was also a faithful follower of former King Norodom Sihanouk during his crusade to demand independence from France, as well as under the Sangkum Reastr Niyum regime.

During Duch’s hearing, Mrs. Tioulong Antonia recounted her sadness for the loss of her older sister and her brother-in-law, Mrs. Tioulong Rainsy and Mr. Lim Ky Mary, who were killed on 31 April 1976 at the Tuol Sleng jail. Mrs. Tioulong Antonia said that this crime cannot be pardoned and it cannot take place again any longer. Before ending her statement, Mrs. Tioulong Antonia also asked Duch to confirm the killing of her sister and her brother-in-law.

Duch then stood up from the corner of the court chamber, and he politely replied to Mrs. Tioulong Antonia, recognizing the fact that the couple was indeed killed at S-21 (Tuol Sleng) jail. As for the decision to send the couple to their death at the Tuol Sleng jail, Duch indicated that it was the policy of the Communist Party of Kampuchea. Duch also saluted and greeted Mrs. Meas Ket, the wife of Samdech Chakrey Tioulong, who was also present in the hearing chamber. Duch’s hearing on 18 August continued with the testimony from three other victims: (1) 33-year-old Hav Sophea whose father, Mr. Chin Sea, was killed at the Tuol Sleng jail, (2) 55-year-old So Song whose brother-in-law, Mr. Meas Sun, was killed in Tuol Sleng, and (3) 52-year-old Neth Phally, whose older brother Neth Bunthy, was killed in Tuol Sleng jail.

Witness says she saw Duch kill Cambodians

Nam Mon, a former medic at the Khmer Rouge's S21 prison, testifies on July 13 2009, at the Cambodia war crimes trial of Comrade Duch. [ABC]

Mon, 13 Jul 2009
Robert Carmichael, Phnom Penh
ABC Radio Australia

A former medic at Khmer Rouge's S21 prison has testified at a trial in Cambodia that she saw the prison warden bludgeon two men to death.

Nam Mon, a civil claimant at the United Nations-back war crimes trial in Phnom Penh, is the first witness so far to speak of seeing the warden, known Comrade Duch, killing inmates.

Her testimony is significant to Duch's defence because he has said he simply followed orders and did not personally torture or kill any of the 15,000 people murdered at the prison between 1975 and 1979.

Uncles bludgeoned

Nam Mon told the court that while working as a medic at S21, she watched from the third floor as Duch beat both of her uncles to death under a palm tree outside the prison gate.

But Duch, whose real name is Kaing Guek Eav, rejected her testimony entirely.

He said none of the names she had provided were on the list of S21 prisoners and said there were no women medics in the prison.

He said he was shocked that all of Nam Mon's family had died under the Khmer Rouge.

Duch is charged with crimes against humanity and faces life in prison if convicted.

Four other former Khmer Rouge leaders will face the court once Duch's trial ends later this year.

KRouge victim identifies photos of dead family

Monday, July 13, 2009

PHNOM PENH (AFP) — A woman who said she survived the Khmer Rouge's main torture centre has identified at Cambodia's UN-backed war crimes court chilling photos of family members killed at the jail.

Nam Mon, 48, was testifying at the trial of prison chief Duch, who is accused of overseeing the torture and extermination of around 15,000 people who passed through Tuol Sleng prison during the regime's brutal 1975-1979 rule.

"This is the photo of my father the moment he was dying," Nam Mon said after being shown an image of an emaciated man lying down, staring into the air.

As a court-appointed psychiatrist comforted her, Nam Mon identified black and white prison photos of her parents, three brothers and a sister-in-law executed at the prison.

Recognised as a civil claimant in the case against Duch, Nam Mon told the court Thursday that one of her brothers had been ordered to kill her father. Her testimony was adjourned last week when she began to weep uncontrollably.

Nam Mon said that her two elder brothers were guards at Tuol Sleng before her family was killed at the notorious jail, while she initially lived and worked there as a medic before being interrogated herself.

"I treated the sick. I saw prisoners who were beaten and interrogated... I only saw the wounds and the bleeding on bodies of prisoners while I treated them," Nam Mon said Monday.

The 66-year-old Duch, real name Kaing Guek Eav, begged for forgiveness from victims near the start of his trial for war crimes and crimes against humanity, after accepting responsibility for his role overseeing the jail.

But he has consistently rejected claims by prosecutors that he held a central leadership role in the Khmer Rouge, and says he never personally executed anyone.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia's cities in a bid to forge a communist utopia. Up to two million people were executed or died of starvation, overwork or torture.

Four other former Khmer Rouge leaders are currently in detention and are expected to face trial next year.

Norng Chanphal, a surviving child of S-21, pleads to become Civil Party at Duch trial

Ta Lorng, (Kompong Speu, Cambodia), 24/02/2009. Norng Chanphal, one of the four children who survived S-21. (Photo: Vandy Rattana)

04-03-2009
By Duong Sokha, with Stéphanie Gée
Ka-set

Norng Chanphal is the last victim who submitted an application to become a civil party before the Khmer Rouge court as part of Case 1, the trial of Khmer Rouge torturer Duch. He did so on February 4th exactly, i.e. two days after the official deadline for applications and 13 days before the opening of the technical preparation hearing of the trial of S-21 director at the Trial Chamber. Introducing himself as a key-witness on the basis that he survived, as a child, the hell of the detention and torture centre, Chanphal caused a stir with his sudden show-up. Ka-set went to meet Norng Chanphal in the province of Kampong Speu.

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