Showing posts with label Witnesses at Duch's trial. Show all posts
Showing posts with label Witnesses at Duch's trial. Show all posts

Wednesday, February 18, 2009

Khmer Rouge tribunal ends pretrial proceedings

Wednesday, February 18, 2009
By SOPHENG CHEANG and SUSAN POSTLEWAITE

PHNOM PENH, Cambodia (AP) — A long-delayed Khmer Rouge genocide tribunal wrapped up its opening session Wednesday with judges saying they still need to finalize a list of witnesses before announcing when a full trial of the former head of the regime's notorious torture center will begin.

Kaing Guek Eav — better known as Duch — is charged with crimes against humanity. He is the first of five defendants from the close-knit, ultra-communist regime that ruled Cambodia in the 1970s and turned it into a vast slave labor camp in which an estimated 1.7 million people perished.

Three decades after the fall of the Khmer Rouge, the U.N.-assisted tribunal began a procedural session Tuesday to lay the groundwork for a full trial expected in March. The precise date has not been set and details still need to be ironed out, including who will testify.

Judge Silvia Cartwright, a former New Zealand High Court judge, told the court that the tribunal's five judges met Wednesday in private to pare down the lists of proposed witnesses to "consider whether the testimony would be redundant or repetitious."

She said judges had agreed on about 30 of the witnesses proposed by lawyers for the prosecution, defense and civil parties. They dropped a handful of witnesses and postponed a decision on about 20 others. She did not say when a decision would be made.

Among those who are to be summoned to testify are British journalist Nic Dunlop, who discovered Duch in northwestern Cambodia in 1999. An American scholar, David Chandler, the author of several books on Cambodia, will also be asked to testify, the court said.

Duch oversaw the S-21 prison in Phnom Penh — previously a school, now the Tuol Sleng genocide museum — where some 16,000 men, women and children were detained and tortured. Only a handful survived.

Duch, 66, is the only defendant who has expressed remorse for his actions. He is accused of committing or abetting a range of crimes including murder, torture and rape. He did not address the court Tuesday but through his lawyer he again voiced regret.

After the fall of the Khmer Rouge, Duch disappeared for two decades, living under two other names and converting to Christianity before he was located by Dunlop, the British journalist.

Judges also still need to decide whether to admit as evidence a short film shot by Vietnamese soldiers when they entered Tuol Sleng prison in January 1979 after toppling the Khmer Rouge.

The film, which shows decapitated bodies and previously unknown child survivors, was only released by Vietnam in December.

Co-prosecutor Chea Leang said the film provided "crucial" new facts and urged judges to admit it as evidence.

One of Duch's defense lawyers, Car Savuth, argued that the film was manufactured by the Vietnamese. He said orders had been given to kill all prisoners so there could not have been child survivors when the Vietnamese arrived.

"There were no children at S-21 — they were all executed," Duch's lawyer said, arguing that the film was "politically motivated to disguise the truth."

Duch's trial began 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated.

The tribunal, which incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders, has drawn sharp criticism. Its snail-paced proceedings have been plagued by political interference from the Cambodian government as well as allegations of bias and corruption.

Others facing trial are Khieu Samphan, the group's former head of state; Ieng Sary, its foreign minister; his wife Ieng Thirith, who was minister for social affairs; and Nuon Chea, the movement's chief ideologue.

All four have denied committing crimes.

Slow progress in Killing Fields torturer's trial

Feb 18 2009
EK MADRA | PHNOM PENH, CAMBODIA
Reuters


Cambodia's "Killing Fields" tribunal on Wednesday ploughed through lists of witnesses set to testify in the first trial of a senior Khmer Rouge cadre 30 years after the end of a regime blamed for 1,7-million deaths. Duch, former chief of the notorious S-21 torture centre who went on trial for crimes against humanity on Tuesday, sat quietly in a white shirt as the tribunal laid the groundwork for a full-blown trial in March.

"The focus today is on preliminary objections, finalising witness lists and determining additional evidence," said Helen Jarvis, head of public affairs for the tribunal set up to prosecute those most responsible for Khmer Rouge atrocities.

On the streets of the capital Phnom Penh, newspapers with front page stories and photographs of Duch's first day in the dock sold out quickly.

"We cannot forgive them," 48-year-old Seng Hy said between drags on a cigarette. "If they are found guilty, they should get the death sentence."

There is no death penalty in Cambodia and the five Khmer Rouge cadres charged with various crimes against humanity could get life sentences if convicted by the joint Cambodian-United Nations court.

Duch, whose real name is Kaing Guek Eav, is the first of the five to face the panel of five Cambodian and international judges.

No trial dates have been set for the others, who include "Brother Number Two" Nuon Chea and former president Khieu Samphan.

Survivors, former guards and Khmer Rouge experts are expected to testify against Duch, a born-again Christian who has asked forgiveness for the deaths of 14 000 "enemies of the revolution" at S-21. His lawyers argue he was only following orders and should not be made a scapegoat for the Khmer Rouge era.

"The Khmer Rouge denied victims their humanity and in doing so, the Khmer Rouge lost their own humanity," French defence lawyer Francois Roux told reporters after Tuesday's hearing.

"The purpose of this trial is to allow people on both sides to regain their humanity," he said.

But some Cambodians wonder if the trials, which come after a decade of wrangling over jurisdiction and funding, are worth it.

"You don't have to find proof of atrocities because you can see skulls everywhere in Cambodia and you can see the legacy of S-21," said 60-year-old Horn Oeurn.

Khmer Rouge genocide trial opens in Cambodia [-Number of witnesses are being determined today]

Wednesday, February 18, 2009
By SOPHENG CHEANG and SUSAN POSTLEWAITE

PHNOM PENH, Cambodia (AP) — The former head of the Khmer Rouge's most notorious torture center sat behind protective glass Wednesday as judges held a closed-door meeting on details including when to start testimony at Cambodia's long-delayed genocide tribunal.

Kaing Guek Eav — better known as Duch — is charged with crimes against humanity. He is the first of five defendants who belonged to a close-knit, ultra-communist regime that ruled Cambodia in the 1970s and turned it into a vast slave labor camp and charnel house in which 1.7 million or more people perished.

Duch oversaw the S-21 prison in the capital Phnom Penh — previously a school, now the Tuol Sleng genocide museum — where some 16,000 men, women and children were detained and tortured. Only a handful survived.

Duch's case before the U.N.-assisted tribunal opened Tuesday, but the hearing so far has been procedural, and he did not speak to the panel. The pretrial proceedings will lay the groundwork for the full trial expected to begin in March.

Wednesday's proceedings started in private, with judges holding a closed-door session to discuss the witness list, Mao Vuth, a tribunal coordinator said.

The prosecution said it will present 33 witnesses over 40 days, while the defense said it seeks to have 13 witnesses testify over 4 1/2 days. Once the number of witnesses is finalized, judges can set specific trial dates and put Duch on the stand.

Duch, his attorneys and the judges' bench were protected from the public gallery by a thick plexiglass-type barrier.

The 66-year-old Duch, is the only defendant to have expressed remorse for his actions. He is accused of committing or abetting a range of crimes including murder, torture and rape. He did not address the court Tuesday but through his lawyer he again voiced regret.

"Duch acknowledges the facts he's being charged with," his French lawyer Francois Roux said at a press briefing after Tuesday's court session. "Duch wishes to ask forgiveness from the victims but also from the Cambodian people. He will do so publicly. This is the very least he owes the victims."

The tribunal said in an indictment in March that, "Duch necessarily decided how long a prisoner would live, since he ordered their execution based on a personal determination of whether a prisoner had fully confessed" to being an enemy of the regime.

In one mass execution, he gave his men a "kill them all" order, the indictment said. In another incident involving 29 prisoners he told his henchmen to "interrogate four persons, kill the rest," it said.

After the fall of the Khmer Rouge, Duch disappeared for two decades, living under two other names and converting to Christianity before he was located in northwestern Cambodia by a British journalist in 1999.

Kan Hann, 55, who lives in the same district of Kampong Thom province in central Cambodia where Duch grew up, said he came to the trial because his brother and sister died of starvation and overwork under the Khmer Rouge.

"My dream has come true now as I have been waiting for the trial for 30 years," he said.

Duch's trial began 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated.

"This is a very significant day for Cambodia and the world," co-prosecutor Robert Petit told reporters. "Today's proceedings bode well for the commitment of all parties to seek justice for the Khmer Rouge."

The tribunal, which incorporates mixed teams of foreign and Cambodian judges, prosecutors and defenders, has drawn sharp criticism. Its snail-pace proceedings have been plagued by political interference from the Cambodian government, as well as allegations of bias and corruption.

The Cambodian side in the tribunal recently turned down recommendations from the international co-prosecutor to try other Khmer Rouge leaders, as many as six according to some reports.

"The tribunal cannot bring justice to the millions of the Khmer Rouge's victims if it tries only a handful of the most notorious individuals, while scores of former Khmer Rouge officials and commanders remain free," New York-based Human Rights Watch said in a release Monday.

Others facing trial are Khieu Samphan, the group's former head of state; Ieng Sary, its foreign minister; his wife Ieng Thirith, who was minister for social affairs; and Nuon Chea, the movement's chief ideologue.

All four have denied committing crimes.