Sunday, April 11, 2010

The embassy, the widow and the traitor

April 1975: Some French citizens can be seen discussing with KR soldiers
On this photo published by DPA, Mr. Ung Bun Hor (C) is surrounded by French cops and he seems to be resiting them (Photo: Ullstein, DPA)
Mr. Ung Bun Hor, former president the Khmer Republic regime National Assembly, and his wife, Mrs. Billon Ung during happier time.

By Jérôme Becquet and Adrien Le Gal
Cambodge Soir Hebdo

No. 128, Vol. 3, 8-21 April 2010

Translated from French by Pheuk Silola


On 20 April 1975, high-ranking Khmer Republic officials crossed the gate into the French embassy where they would all find a certain death. Did a French citizen betrayed them by informing the Khmer Rouge of their presence? Can the French authorities be blamed for handingover these officials to the KR? The widow of one of these officials hopes to find the truth from the French justice, but she could also turn the ECCC for help.

“I hope that the truth will be given on the exact conditions in which my husband disappeared with the active complicity of the French authorities of the time which were led by President Valery Giscard d’Estaing and also under the Jacques Chirac administration,” claimed Billon Ung, the widow of the president of the Khmer Republic regime National Assembly. The latter took refuge inside the compound of the French embassy.

The date was 20 April 1975. The KR had entered Phnom Penh three days earlier and they emptied the city of all its residents. All foreigners living in the city had gathered at the French embassy, starting on 17 April, several high-ranking officials of the Lon Nol regime also came to find asylum there, including Ung Bun Hor, the president of the National Assembly. However, three days later, the “super-traitors” were sentenced to death by the new KR regime, and they were handed over to the KR who were waiting for them in front of the French embassy, at exactly 3PM, as confirmed by a telegram sent by Jean Dyrac, the French vice-consul, to the Quai d’Orsay [the French ministry of Foreign Affairs]. “I was able to escape with my children 10 days before the arrival of the communist soldiers in the city,” Billon Ung recalled. “In Paris, while watching the news on TV, I saw this photo of him, standing up, about to be handed over to the KR.” Since then, the photo disappeared from the archive of the French National Institute of Audiovisual, Billon Ung claimed.

A widow’s crusade

She obtained her French citizenship in 1976, at the age of 36. Twenty years later, she launched herself into a lengthy legal crusade accusing France of handing over her husband to the KR while he was asking for asylum. “I brought up a lawsuit against X in December 1999 at the Creteil Tribunal, for crime against humanity, assassination, as well as torture and barbaric acts,” she declared. Why did she wait so long? “For security reasons,” Billon Ung claimed.

Since then, the French justice system moved at a snail pace. “Just for my lawsuit case, three investigation judges had to take care of it,” she said. “The second judge to be involved in my case was able to lift the defense secret on one portion of the telegrams exchanged between Jean Dyrac and the then-French authorities. Then, in January 2007, young Judge Toublanc got involved in the case, and he finally declared himself incompetent to continue the investigation.” It was incomprehensible, said Patrick Baudoin, one of the two lawyers of Billon Ung. He also happens to be a lawyer for the International Federation of Human Rigths. “The reason given was that the conditions stipulated by the Penal Code to justify the universal competency of a French judge were not met. The Paris Appeal court confirmed this finding in October 2007, but in January 2009, the Court of Cassation [the equivalent of the Supreme Court] believed that it was the opposite, and that the conditions were all met and the investigation could continue. We cannot talk about active cooperation from the French authorities which are most often hostile to see the conclusion of this case, due to political considerations.”

A “traitor” inside the French embassy?

François Ponchaud who was present in the French embassy during that time, remains hesitant on the need to re-open this case. “I understand Billon Ung’s suffering … But, the KR are the ones who should be blamed, not French vice-consul Jean Dyrac! Nevertheless, if it was found that France gave him the order to hand over these officials [to the KR], then it would be a mistake from the [French] state.”

More troubling news: the fact that the KR knew about the presence of these high-ranking officials inside the French embassy. François Ponchaud added: “I would like to know who gave out the list of Cambodian officials who took refuge inside the embassy. For example, I met Prince Sirik Matak under a big tree on front of the Le Phnom hotel [currently Le Royal Hotel]. He was saying that he “was waiting” for his cousin Sihanouk. One of my friends, Bernard Berger, took him in his Ami 6 car, hid him under a blanket and sneaked him inside the French embassy through the back door. The [French] authorities hid him inside a locked office. Who revealed that he was there? Maybe a French citizen snitched? It is also possible that the KR intercepted the radio communications with France … To me, this remains a mystery.”

Patrice de Beer, then a reporter for the French newspaper Le Monde who was based in Thailand, was also inside the embassy on 17 April, but he said that he did not see “Ung Bun Hor, nor Prince Sirik Matak who, on 12 April, refused the offer made by US ambassador James Gunther Dean to leave Cambodia with him in a helicopter.” “But, we quickly learned that they were inside [the embassy],” he added.

Telegrams sent by Jean Dyrac to the Quai d’Orsay on the same day indicated that “Ung Bun Hor forced the entry [into the embassy], and that he is currently maintained under our control inside one of our rooms. Prince Sirik Matak succeeded in entering the embassy compound by stepping over the gate with two of his bodyguards dressed as civilians.” This story differs from the one told by François Ponchaud. Roland Neveu, a former war photographer, also presented a version that is different from the one told by the embassy. He remembered that members of the Khmer Republic regime were isolated. Patrice de Beer and Roland Neveu described Jean Dyrac as being “overwhelmed by the events,” as a “civil servant – albeit a consular one, i.e. not diplomatic – who takes orders given out by Paris.” “The KR demanded that all Khmer citizens leave the embassy,” Patrice de Beer added. “Curiously, they made an exception for the Cham people. Some Cambodians left on their own accord, such as [Dith Pran], the assistant of the New York Times, who was able to disappear with the crowd and was able to leave Phnom Penh and later survived. We helped him prepare his meager luggage, we gave him dollar bills which he sewed into his clothes. But, one can imagine that the KR would be more brutal against those who resisted their orders. Maybe, they [KR] would have entered the embassy compound.”

Giscard and Chirac targeted

Another telegram by Jean Dyrac dated 18 April 1975 sent to the Quai d’Orsay, informed about the KR demand to visit the embassy. “To this, we replied by a promise to set up a list of all the people present within three days,” Jean Dyrac indicated under increasing pressure. He also sent to Paris a list of people whom the KR wish to be handed over to them. Sirik Matak and Ung Bun Hor featured on that list.

To determine the responsibilities in this case, Billon Ung claimed that she has sufficient “documents that would compromise the French administration of that time.” With the help of William Bourdon and Patrick Beaudoin, her two lawyers, Billon Ung will ask that Valery Giscard d’Estaing and Jacques Chirac appear as a witness “to learn about their exact role during that time.” Giscard d’Estaing was the French president between 1974 and 1981, while Chirac was his prime minister, and both of them were the recipients of the telegrams sent over by Jean Dyrac and François Bizot. “I would like to come face to face with Jean Dyrac and François Bizot to learn the truth and to ask them how they can go to sleep peacefully at night time after handing over more than 800 people to the KR?”, she added.

The French magazine “L’Express” reported in 2009 about “troubling differences over the dates, the schedules, and the famous list … between those included in François Bizot’s book ‘Le Portail’ and some of the depositions transcript.” When asked by Cambodge Soir Hebdo about this topic, François Bizot declined to answer: “Now, I forget all of that. Since this affair is coming back up, I decline all interview requests sent to me. What can one try or want to understand still?” he said.

Another troubling factor: a photo showing Ung Bun Hor with arms raised up and surrounded by two French cops. Published by the US media as a proof to the effect that France handed over the former president of the Khmer Republic National Assembly, however, its origin remains uncertain. The author of this photo was never found. According to Claude Juvenal, a reporter for the AFP, the back of the photo, as also cited by L’Express magazine, showed the date as being 17 April rather than 20 April. Roland Neveu and Patrice de Beer were not there at the time the picture was taken, but the latter said that he did not believe the version in which Ung Bun Hor “left voluntarily as he was resigned to the fact, and that he was dignified,” as reported in Jean Dyrac’s telegram. Patrice de Beer’s version of the event is favored by Billon Ung. François Ponchaud who used to believe that Ung Bun Hor was “pushed out” of the embassy after seeing this photo, is currently no longer certain: “I was inside the embassy, but I did not see the event with my own eyes,” he indicated.

Where will the case head to next? Creteil or the ECCC?

Last January, the Paris Appeal Court confirmed the findings of the Court of Cassation. A new investigation judge should be appointed by the Creteil Tribunal. “The investigation should resume in the upcoming months,” Patrick Beaudoin indicated. Is there any real chance of success? “We are clearly in a case that calls for [the judge’s] universal competency,” Patrick Beaudoin said. “Billon Ung turned to the French justice because it was the only way for her husband’s disappearance not to be left unpunished, and also so that she could have a chance to understand what had happened. Let’s recall that that the French courts have issued two sentences on the basis of the universal competency,” Patrick Baudoin said. Billon Ung even wishes that France “recognizes the fact the French authorities under Giscard and Chirac committed a serious mistake, a criminal act or malfeasance, by handing over my husband to the KR.”

Billon Ung’s lengthy legal battle which was initiated in France ten years ago, will it have a better chance to reach a conclusion in Cambodia? Nowadays, she does not exclude the possibility of joining the civil parties at the ECCC (KR Tribunal, KRT). The events which took place after 17 April 1975 are part of the KRT investigation field. When asked whether it would be possible to summon as witness two former French presidents to Phnom Penh, like the KRT did to six high-ranking CPP officials, investigation Judge Marcel Lemonde declined to comment on the case.

20 comments:

Anonymous said...

That is precisely as to why I hate fucking French so much. I don't know why fucking old khmer love French....la shit!

Anonymous said...

Buddha's Teaching Can Help Global Peace - UN Sec Gen
Narinjara News, May 8, 2009

United Nations, New York -- UN Secretary General Ban Ki-moon said in his message delivered to the world communities on Wednesday that the Buddha's teaching could help the world become peaceful.
May Justice prevail in International courts.

Anonymous said...

12:51 PM,

Did Buddhist teaching help Cambodia from taking over by the Khmer Rouge in 1975? What a slum ass you are! that is why, I hate old Khmer generation....they don't know jack shit!

Anonymous said...

French cannot be trusted.
We must stop learning French.
Everybody speaks English, why French?
Have stayed with the French , no future for Cambodia

Anonymous said...

To 1:22PM

Don't say 1975,Cambodia was burning since 1970 by Samamith Sihanouk,Ho Chiminh,Mao .Go and tell ECCC what you want to tell the Judges.
"In this world, hate never dispelled hate. Only love dispels hate. This is the law,ancient and inexhaustible.You too shall pass away.Knowing this, how can you quarrel?" -Buddha

Anonymous said...

In 1975,no existed BUDHHA,CHRIST and MOHAMMAD,where the hell are they?????.Not even,the whole world communities,they had abandoned the KHMER peoples.We`d suffered,painful and traumatic,especially the imperialist AMERICAN,who was our boss,they had run like a rooster as fast as they could.Now we ,KHMERS,shall learn what has been happened to us.Some foreigner politicians had said that went fuck yourselve with your own KHMER peoples.This is your problem,not my fucking problem.

Anonymous said...

Without Americans presence in southest asia, there would be no Vietcong, no Khmer rouge, no Khmer repuplican, no killing, no Hun Sen..

Anonymous said...

He was President of assembly for how many days ?

Anonymous said...

That was why we lost Khmer Kampuchea Krom easy because the fucking FRENCH!

If we lost Khmer Krom by war, we wouldn't that regret but we lost this piece of lands without a fight.

French is the one whose responsible for our Khmer Krom..

Never trust them French!

Anonymous said...

Has anything good come out of France?

Prior to 1975, most if not all, educated Cambodian come out of France. Can we point to any one Cambodian leader of that time who brought positive change to the country?

Try to do a comparison about countries of fomer French colony versus countries of former British colony from Asia to Africa. It will become apparent today that countries of former British colonies would fared alot better in term of political stability, economic development, as well as education. Former countries of French colonies are often stuck in poverty and constant civil war.

Of course a nation cannot blame anyone for its own failure, at the same it is a very interesting contrast, the aftermath of colonization.

It is time for Cambodians to embrace other ideas other than what the French have to offer for years.

Anonymous said...

To 12:51pm,

Do you honestly believe Buddha teaching can bring world peace? You must be kidding. Here are few facts for you to consider:

1. Pol Pot, during his younger years, received his education in Budhist Wat. We have to assume he received instruction from Buddha's teaching. What a peaceful leader he was, right?

2. Thailand and Cambodia both practice the same branch of Buddhism, Theravada. The two nations are constantly at each other's throat. Moreover, look at Thailand right now. As of this posting there are 21 dead, over 800injured from the riot between the red shirt and the gov't. Very peaceful right my friend.

I list you more facts where Buddha's teaching does not bring peace.

In fact, Buddhism has a retreatist mentality. The teaching encourages followers to seek seclusion in order to meditate, and find inner peace and harmony. Instead of dealing with problem, be it stressful or otherwise, Buddha's teaching want people to withdraw from it. Really helpful huh?

I have a theory, part of what brought decline to Cambodia as a nation is this type of mentality.

You may want to reconsider what you stated my friend.

Anonymous said...

It's very painful to hear this story. The French government colaborated with dictactors all over the world, and let them seek assylum in France. In Rwanda, they knew that the Tutsi were dangerous, but they still supported them because the French wanted to control over that country. If we were to compare the UK, Spanish, Portugese, they did much better than French. The French was the worst one. They only take from us. If you go to visit the museums in Paris, you will see how many artifacts they took from other countries.

Anonymous said...

wow, it seems like it was just yesterday. cannot imagine all those khmer people were evacuated from phnom penh then; then, phnom penh was a lively and vibrant city with millions of educated and famous khmer people who later all perished under stupid KR regime. sad to think about it, really!

Anonymous said...

9:24pm
Thanks for sharing some religious issues. Buddhism has been our Cambodia's national religion for centuries, but unfortunately abused and disgraced by her ruling ring since the 80s
I doubt very much that, these days, all government officials still remember being sworn into office before the sacred Buddha inside the Royal Palace. If so, why don't they practice what they have promised Buddha, to be clean and upright? As a matter of fact,it's obligatory for all ranges of government officials to practice each strict listed code of Buddhism morality in the sacred oath as they serve the nation. However, if they are true Buddhists, they shouldn't allow any sorts of bribery and corruption in the nationwide ministries. There's a plain truth that when Buddhism morality falls, sins result, when illegality rises, social unrest results, and when oppression and exploitation remain, rebellion results.....
We find out that many a religious leader will to back up the corrupt regime for their personal gain, use the filthy money given by the corrupt officials for temple or pagoda buildings....They all are sold to CPP as religious puppets.
Buddhism in Cambodia is drawing close to the end of its days.

Anonymous said...

khmer say "changkeus mouy bach kach bak", it's a metaphor for united and cooperation between all khmer people.

Anonymous said...

you mean "changkeus mouy bach kach man bak", it means united together to be stronger.

Anonymous said...

This is an example of if khmer don't love khmer no one in the world will. I am very sad to see my people being stabbed in the back just because we were too honest. However as the bible says the righteous will live forever and the wicked will be terminated. So, may our people live forever, Amen. Aust

Anonymous said...

If the disapearance of Mr. Ung Bun Hor or Prince Seri Matak and Mr. Long Boret didn't stand a chance of getting Giscard & Chirac to appear in court of ECCC, then no one will. Judge Lemon declined to comment at this time, because he is French. Isn't he? to get the most powerful men in his country in trouble, might as well shoot himself in the foot or chest. He cann't do it, but this is the UN's court for crying out loud. The damm case must get moving forward. Mrs. Billon Ung must bring her husband's case to the UN's attention and not just the French Court alone. If the French got involved, the French must go to the ECCC's court. Get ready Mr. French Presidents. You need to be there.

Anonymous said...

The French have respect for Sihanouk more than anyone else. on April 17th of 1975,, Sihanouk's men ( The Khmer Rouge ) won the war. Therefore prompted them to make a decision that would accommodate the KR and not Serimatak or Ung Bun Hor or Long Beret. They are more/less saying you're on your own. The question is where is the might and dignify France? or what happen to the one great reason France used to stand by those people? Where is your righteous men France? You cannot be a coward. You must come out and justify your reason and acknowledge such and such.... You have supported The Khmer Republic between 1970 and 1975. It has to be one damm good reason for you to do so. You cann't going to sleep just like that. What are you now? Those men who died because of your helpless and defenseless to them are saying you're nothing, but a little sheep.

hp

Anonymous said...

The French economically disadvantaged Cambodia.