Showing posts with label Former KR leaders. Show all posts
Showing posts with label Former KR leaders. Show all posts

Thursday, July 29, 2010

Former KR cadres react to verdict

Thursday, 29 July 2010
Thet Sambath
The Phnom Penh Post

Why do they want him to spend his whole life in prison? There is no need for this kind of vengeance.
FORMER Khmer Rouge cadres in the regime’s onetime stronghold of Northwestern Cambodia said yesterday that they were uninterested in Monday’s verdict against Tuol Sleng prison chief Kaing Guek Eav at the Kingdom’s war crimes tribunal, and untroubled by the prospect of further prosecutions.

Royal Cambodian Armed Forces Brigade 8 commander Yim Phim, a former Khmer Rouge military commander whose RCAF troops are now stationed at Preah Vihear temple, said he was aware of Monday’s proceedings but had not followed them closely.

“I am not interested in this verdict, and neither are my soldiers,” Yim Phim said. “I don’t see it as necessary.”

Although the court had begun preliminary investigations in its third and fourth cases, and prosecutors had submitted a list of five unnamed potential suspects in September, Yim Phim said he and other former cadres were unconcerned.

“If Samdech Hun Sen is in power, I believe it will be no problem and there will be no more arrests,” Yim Phim said. The prime minister has publicly expressed his opposition to prosecutions beyond the court’s second case.

In the most widely discussed aspect of Monday’s ruling, judges sentenced Kaing Guek Eav – alias Duch – to 30 years in prison. This penalty was reduced from 35 years because of Duch’s illegal detention from 1999 to 2007, and with credit for time already served, he will spend just 19 more years in prison.

Many victims expressed anger at this relatively light sentence, though Kong Doung, a former Khmer Rouge radio officer who is now director of Pailin province’s information department, said he was puzzled by this sentiment.

“Why do they want him to spend his whole life in prison? There is no need for this kind of vengeance,” Kong Doung said. Most people near the border, he said, were more concerned with the ongoing standoff with Thailand than with the Khmer Rouge tribunal.

“We are worried about Preah Vihear temple – we want to know whether the Thai troops will withdraw or not,” Kong Doung said.

Keut Sothea, a former Khmer Rouge military officer and now a member of the Pailin provincial council, said he had not tuned in for the announcement of Monday’s verdict.

More basic concerns, he said, occupied the minds of his constituents.

“People are too busy working and farming to feed their families and children,” he said.

Khan Nang, a former Khmer Rouge soldier now living in Banteay Meanchey province’s Malai disrict, said he did not take the tribunal seriously because it was not investigating all of those responsible for committing atrocities under Democratic Kampuchea.

“I do not see it as justice because the trials are just for a few leaders,” Khan Nang said. “They should try all the cadres who were involved in these crimes, even those who are leaders in the government today.”

Duch’s detention

One question on the minds of some observers in the aftermath of Monday’s verdict was whether Duch, already the beneficiary of a reduced sentenced, could see his prison term further reduced by earning parole.

Upon the conclusion of their cases, the Cambodian government assumes responsibility for suspects convicted at the Khmer Rouge tribunal.

Suspects convicted in the Cambodian criminal system are eligible for parole after having served two thirds of their sentences.

The 2004 Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia states that the government “shall not request an amnesty or pardon” for anyone convicted at the tribunal, and ECCC deputy prosecutor William Smith said Tuesday that this provision thus excluded the possibility of parole.

Asked about the legal status of Duch’s detention, Ministry of Interior spokesman Khieu Sopheak said it was “a good question” and referred questions to ECCC officials. Phnom Penh Municipal Court president Chiv Keng said such detention procedure was “under the ECCC’s duty”.

UN court spokesman Lars Olsen said Tuesday that there were “established procedures in Cambodian law for applying for parole, and it is not within the ECCC’s mandate to enforce those rules”.

ADDITIONAL REPORTING BY MAY TITTHARA

Monday, December 14, 2009

Time for justice never run out in Cambodia ... because there was NO justice to be had in Cambodia in the first place!!!

"For the record, Cambodia is still ruled by the former Khmer Rouge. Hun Xen, Heng Xamrin, Chea Xim, Keat Chhon, Hor Namhong, Sar Kheng and Pol Saroeun, to name a few, were all former Khmer Rouge cadres" - KI-Media
Time running out for Cambodia justice

If the trial of four elderly former Khmer Rouge leaders is not expedited, it may degenerate into a death watch

Monday 14 December 2009
Tom Fawthrop
guardian.co.uk


The clock is ticking away at the Khmer Rouge tribunal in Phnom Penh. Only one trial has been completed so far. The next case: the all-important trial of four surviving senior Khmer Rouge leaders is shrouded in doubt, given the court's timetable and calculations that the trial not begin until mid-2011.

But by 2011, who knows how many of these ageing former leaders will still be alive? Nuon Chea, right-hand man of Pol Pot and Ieng Sary, former foreign minister, are both octogenarians. Former head of state Khieu Samphan and "Khmer Rouge first lady" Ieng Thirith are in their late 70s. They are in frail health and have received periodic hospital attention during the two years they have been detained in cells under UN supervision and control.

The crimes of the Khmer Rouge regime were committed in the late 1970s. The first trial was the case of Kaing Guek Eav, better known as Comrade Duch, the director and chief interrogator of the Khmer Rouge regime's chamber of horrors S21 prison. The trial finished last month, with the five judges due to deliver their verdict in the new year.

Now the attention switches to the second case – the joint trial of four other Khmer Rouge leaders. According to the legal timetable, Cambodians and the world may have to wait until 2011 to find out more about how the Khmer Rouge leadership orchestrated the policies that led to such a massive death toll of nearly 2 million between 1975 and 1979.

The tribunal's continued success beyond the Duch trial heavily depends on keeping these elderly men and women alive. Other senior Khmer Rouge leaders are dead, including Pol Pot. Cambodians bitterly complain about the ponderous pace of legal proceedings. Why is it taking so long, they anxiously ask? The victims are eager to see justice done, but unfamiliar with the full protection of the rights of the accused, afforded by a UN-backed tribunal, concerned to ensure that it is a fair trial.

The court's UN administrator, Knut Rosandhaug, has said it that the joint trial of the leaders will not be concluded before 2014 or even 2015. That seems to stack the odds even further against the surviving leaders ever facing the final verdict.

Now that the painful memories of the past – torture, starvation and the death of so many relatives – have been rekindled by the tribunal, ordinary Cambodians are eager for a faster justice and closure, not a trial that drags on and on.

Lawyers say most of 2010 will be taken up with time-consuming applications, appeals and objections to the evidence gathered by the investigating judge, which may have to be resolved by the pre-trial chamber of judges. Unlike the Duch case, in this trial the ex-Khmer Rouge leaders have so far conceded very little, and have never expressed any serious remorse over the mass killings. Defence lawyers can be expected to slow everything down with aggressive challenges to the evidence compiled by the investigation so far.

This will be a supreme test of how to balance the rights of the accused, and a plethora of legal challenges, against the rights of the victims and society that require a speedier justice. Providing the best possible medical attention to septuagenarians and octogenarians in frail health is not enough. The long history of this tribunal being blocked by China and western governments during the cold war needs to be taken into account. It was not until 1999 that serious efforts to organise a tribunal started and it wasn't established until July 2006.

The victims of the Cambodian holocaust have already suffered agonising decades of frustration, waiting for the UN-backed tribunal to be finally set up. If the tribunal drags on and on and the defendants die off, Youk Chhang – director of the Documentation Centre of Cambodia, which researches Khmer Rouge crimes – predicts the court will lose public support. Robert Petit, the international prosecutor in the first trial, recognised this concern about age and health, remarking that "it is certainly an issue we've got to consider in the conduct of our work".

In this tribunal the race against time has always been the enemy of justice. The whiff of defendants in their death throes is the hovering menace that threatens to derail justice, but it appears that the judges, the court and the UN administration, are not facing up to it. They cannot just allow things to take their normal time-consuming legalistic course and ignore the geriatric factor – the probability that one or more untimely deaths will cloud diminish and undermine the proceedings. If justice is to be realised, all sides need to recognise the need to expedite the hearings, while still respecting the rights of the accused.

The judges – both Cambodian and international in this mixed tribunal – have a special duty to the victims of the Pol Pot regime, to ensure that this trial does not degenerate into a death watch. They need to address the issue of how to fast-track a complex trial in which the tortoise slow pace of international justice has become accepted practice, is urgent and overwhelming in this case.

The conviction of only one man, Duch, for the death of nearly 2 million, cannot possibly satisfy the need for accountability and closure. Unless the trial is expedited and the geriatric leaders live long enough to face justice, the tribunal that has chalked up many achievements, will sadly always be judged, by its failure to beat the clock.

Wednesday, November 18, 2009

For victims, lengthy Khmer Rouge trial painful

Wed Nov 18, 2009
By Martin Petty

PHNOM PENH (Reuters) - After six months of testimony in the first U.N.-backed trial of a high-ranking member of the former Khmer Rouge, many Cambodians who suffered from the tyrannical regime have one question: Why is it taking so long?

Closing arguments begin next Monday in the trial of Kaing Guek Eav, better known as Duch, former chief of the notorious S-21 prison, where more than 14,000 "enemies" of the ultra-Maoist revolution died.

Any sentencing will not take place until next year. Four other senior Khmer Rouge cadres are in custody awaiting trial.

Most Cambodians want swift justice for the first senior Pol Pot cadre facing a tribunal in the three decades since the end of the regime blamed for an estimated 1.7 million deaths.

"The longer it drags on, the more painful it is," said Eng Mom, 43, who remembers when the Khmer Rouge showed up at her home in 1978, blindfolded her father, bound his hands behind his back, threw him on a horse cart and killed him.

Working at a roadside stall in the capital Phnom Penh where she binds books with her daughter, she said she never watches the trial. She's too busy with work. When she hears about it or catches a glimpse on the news, it's too painful.

"I have too many brothers or sisters gone missing during the Khmer Rouge time," she said. "I don't know much about the trial. I'd like to see justice for my relatives who were killed, but when I see Duch on TV it brings back a flood of bad memories."

The tribunal's five-judge panel seeks justice for a quarter of Cambodia's population who perished from execution, overwork and torture in one of the darkest chapters of the 20th century when the regime ruled from 1975-79 led by now-deceased Pol Pot.

Witnesses in 72 days of hearings spoke of beatings, electrocution, near starvation and other terrors at S-21, also known as Tuol Sleng, run by Duch. Now 66, he is accused of "crimes against humanity, enslavement, torture, sexual abuses and other inhumane acts."

Only seven of those held at S-21 survived.

Duch, now a born-again Christian, has expressed remorse for the S-21 victims, most of them tortured and forced to confess to spying and other crimes before they were bludgeoned to death in the country's "Killing Fields" execution sites.

But he denies personally killing or torturing prisoners and said he was following orders in fear for his own life. He faces up to life in prison if convicted.

'DRAGGING ITS HEELS'

"For us sometimes, it feels like the court is dragging its heels or trying to stay longer than planned," said Khieu Kanharith, the nation's Information Minister.

"Cambodians want to forget," he said. "We are not used to all this kind of talk among the lawyers. For us, all these people, they are guilty. Just listen to the witnesses."

Some, such as 67-year-old rickshaw driver Phin Sovan, who lost four brothers and sisters to the Khmer Rouge, applaud the motives of the tribunal, which has asked international donors for a $143 million budget to run until 2010.

"We like the rule of law," he said. But he questions why the testimony took six months.

"We, the people, have no legal power to tell the court to do this or that. We hear about the trial over and over, but it is painful to go on and on. We are so angry."

Due to Cambodia's erratic and politicised judiciary, the tribunal says it needs time to ensure any decision has support from both sides. Domestic and foreign judges and prosecutors are working jointly to try to guarantee the court's independence.

The chamber of three Cambodian and two foreign judges requires four to agree on a verdict. Advocates hope the tribunal -- known as the Extraordinary Chambers in the Courts of Cambodia -- will serve as a model of professionalism.

(Writing and additional reporting by Jason Szep; Editing by Ron Popeski)

Wednesday, November 11, 2009

Cadres face prospect of more arrests

'Sometimes [my children] ask me, “Who is the Khmer Rouge? Who did all this killing?” And when they do that, I clap my hands on my chest and say, “It’s me.”'
Meas Muth, former Khmer Rouge military division chairman, speaks at his expansive home in Samlot, Battambang. (Photo by: Heng Chivoan)
'I have said again and again that I do not want to go to that court.'
Former Khmer Rouge Northwest Zone district chief Im Chem. (Photo by: Robbie Corey-Boulet)

Tuesday, 10 November 2009

Robbie Corey-boulet and May Titthara
The Phnom Penh Post


Former Khmer Rouge describe complex attachment to regime and its legacy.

Oddar Meanchey and Battambang Provinces - At the age of 14, Out Moeun left her family home in Anlong Veng district, Oddar Meanchey province, to work for Khmer Rouge Central Committee member Chhit Choeun, alias Ta Mok.

Though it was 1987, a full eight years after the regime fell from power, units of Khmer Rouge soldiers were still scattered throughout Cambodia, and she was one of many girls recruited to supply them with weapons. Every two weeks or so, she and seven other girls would rise before dawn and begin travelling, mostly on foot, to provinces as far afield as Kampong Cham and Kampong Chhnang. They each carried a case of AK-47s on their backs, along with one package containing food, clothing and a hammock.

Government and Vietnamese soldiers, from whom the girls had been instructed to hide, routinely accosted them. “I shot at those enemy troops more times than I know how to count,” Out Moeun, now 36, recalled in an interview at her roadside grocery stall less than a kilometre from Ta Mok’s old house. She was hit only once in those exchanges, sustaining a bullet wound she showed off readily: a deep purple scar on the right side of her belly.

Like many former cadres in Anlong Veng, a former Khmer Rouge stronghold, Out Moeun still speaks admiringly of the movement’s leaders, particularly Ta Mok, whom she described as “a good leader” and “a better man than Pol Pot”. She shed tears when discussing his arrest in 1999 and his 2006 death in pretrial detention at the Khmer Rouge tribunal.

This allegiance, however, has not translated into resentment towards the tribunal itself, which she credited with operating “according to the law”. Asked if she was concerned about international prosecutors’ ongoing push for more investigations, she said she was far too busy supporting her family to pay much attention to the tribunal and its work.

She added: “I don’t care about the court arresting more people, because the people they would arrest are not related to those of us at the lower levels. We don’t care.”

The question of how former cadres might respond to more arrests assumed greater urgency after the tribunal announced in September that it had opened the door to investigations beyond those of the five leaders currently detained. That decision overrode objections raised by national co-prosecutor Chea Leang, who had argued that, as a result of additional prosecutions, “ex-members and those who have allegiance to Khmer Rouge leaders may commit violent acts”. Five days after the announcement, Prime Minister Hun Sen echoed this warning in a speech, saying, “If you want a tribunal, but you don’t want to consider peace and reconciliation and war breaks out again, killing 200,000 or 300,000 people, who will be responsible?”

Contrary to these statements, interviews with former cadres in Anlong Veng and Samlot, another former stronghold in Battambang province, suggested a more complicated attachment to the regime and its legacy, one that would seem to preclude outright violence in response to an expanded dragnet. Like Out Moeun, most former cadres disavowed any personal stake in the fate of former regime leaders, though they also took obvious pride in the power those leaders once wielded – and in their own small contributions in support of that power.

San Roeun, a 56-year-old former soldier who now sells tickets to Ta Mok’s house, which has been transformed into a government-run tourism site, expressed concern about how more arrests might affect “the political situation”. But he ruled out the prospect of civil war, emphasising that he and others like him had little interest in the welfare of those who might be arrested.

“The reason I joined the Khmer Rouge was because I wanted to help King Sihanouk,” he said. “I never knew about Pol Pot. We wanted to fight Lon Nol.”

Reminiscing on his years in combat, he spoke at length of his performance on the battlefield, describing his ability not only to survive but to continue killing government troops during the 1980s.

“My son and daughter, they are in school now, and they are reading about the history of the Khmer Rouge killings,” he said, sitting in the booth from which he sells 50 tickets on a typical day. “Sometimes they ask me, ‘Who is the Khmer Rouge? Who did all this killing?’ And when they do that, I clap my hands on my chest and say, ‘It’s me. Your father is the Khmer Rouge.’”

Former military chairman speaks out

Among the few cadres who claimed that more arrests could in fact lead to civil war were Meas Muth, a former Khmer Rouge military division chairman, and Im Chem, a former Khmer Rouge district chief, who have been named by scholars and in the media, respectively, as possible suspects.

In an interview at his Samlot home, Meas Muth, who was listed as a possible suspect in a 2001 report by historian Stephen Heder and war crimes lawyer Brian Tittemore, said Hun Sen’s prediction of “200,000 or 300,000” deaths was sound.

“Hun Sen knows everything about his country, and he was thinking about its future. There could be civil war,” said the former secretary of Central Committee Division 164, which incorporated the Khmer Rouge navy. He added that his “supporters” would likely take part in the unrest, and that he had supporters “everywhere in Kampuchea”.

In their report, titled “Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge”, Heder and Tittemore point to “compelling evidence” suggesting that Meas Muth was responsible for the execution of cadres under his command. That evidence includes 24 Tuol Sleng confessions signed by prisoners from his division.

Though Meas Muth denies having been informed of Khmer Rouge arrest, interrogation and execution policies, the report includes accounts of meetings during which they were apparently discussed. At a General Staff meeting he attended in 1976, for instance, Son Sen, the defence minister, instructed those present to “have an absolute standpoint about purging counterrevolutionary elements; don’t be half-baked”. The following month, Son Sen said at a similar meeting that the party should do “whatever needs to be done to make our army clean”. At that meeting, according to the report, Meas Muth said, “On this I would like to be in total agreement and unity with the party. Do whatever needs to be done not to allow the situation to get out of hand” and to prevent the strengthening of “no-good elements or enemies”.

Along with an overview of the evidence and its implications, the report includes a thumbnail sketch of a young Meas Muth, a broad-shouldered man in a plaid shirt with full, closed lips and a thick head of brown hair. For the interview in Samlot, the former commander, now 73, wore a light blue button-up half-sleeve shirt over a tank top. His lips, when opened, revealed stained, jagged teeth, and his considerably thinner hair had whitened.

As he talked, he smoked tobacco wrapped in tree leaves and spat into a dark blue pail that rested beside his chair. The shade of the pail matched exactly the stones embedded in the patterned tiles that covered the floor, one of the more eye-catching features of his sprawling home, which comprises three buildings and is surrounded by a 5-hectare orchard of coconut, mango and jackfruit trees. Another highlight is the staircase of the main building, an imposing spiral made of polished beng wood.

Completed in 2006, the house stands in marked contrast with the more modest, though comfortable, stilt constructions nearby, and has become a frequent gathering place for Meas Muth’s neighbours, many of whom are relatives, supporters or soldiers who fought under him. On the afternoon of the interview, neighbours stopped by periodically to discuss plans for the next day’s Kathen festival celebration to be held at the nearby Ta Sanh Chas pagoda, the construction of which Meas Muth has largely funded.

One family brought a guest who had never before been to the house. Upon entering, she complimented Meas Muth on the stones in the floor. Meas Muth looked down and said: “These stones, these are just simple stones. They are not high-quality.” The guest then walked to the staircase, put her arm on the banister and marvelled at the sheen of the wood. Meas Muth replied, “That’s made out of just simple wood. It is not a rare quality. It is just normal wood. Maybe you could find it anywhere.”

After 10 minutes of small-talk, the family left, and Meas Muth answered questions about the allegations laid out in the Heder and Tittemore report.

“Yes, I remember that man,” he said, referring to Heder, the principal author. “He spoke Khmer fluently, and then he just wrote blah blah. It wasn’t true. He just wrote what he heard, not what he saw.”

He said that, contrary to the report, he spent the regime years as a “simple leader” supervising workers in the Battambang rice fields.

“I had never heard about S-21, because I was not in Phnom Penh. I was here, in Samlot, so I just knew everything around me,” he said.

He acknowledged having attended the meetings mentioned in the report, including a General Staff meeting in September 1976 at which Tuol Sleng was represented by its third-ranking cadre. But he said he did not remember what was discussed. “I can’t remember because it’s been over 30 years already,” he said.

He said he would not be surprised if the court came to arrest him, though he argued that this would be a waste of everyone’s time, in no small part because, unlike Tuol Sleng prison chief Kaing Guek Eav, alias Duch, he would resist cooperating with any attempt to prosecute him. Not for him, apparently, the teary confessions, the claims of responsibility or the pleas for forgiveness that were the hallmarks of the Duch hearings.

“Duch is crazy, because he wants the tribunal to be the end of his life,” Meas Muth said. “For me, I will not cooperate. I want to have a life, like all other people.”

‘We must follow the leader’

Like Meas Muth, former Khmer Rouge district chief Im Chem, who in September was reported to be a suspect by the French newspaper Le Monde, said the threat of unrest was real.

In an interview at her home in Anlong Veng, where she lives with her husband and one of her two daughters, she said attempts to uncover the truth about old conflicts would inevitably give rise to new ones.

“If you want to recover it, it will become new,” she said. “People will go to protest in Phnom Penh to demand that the prime minister doesn’t arrest more people, because he said he wouldn’t. And if he allows it to happen anyway, civil war will happen again.”

The Northwest Zone district Im Chem headed, Preah Net Preah, was home to Trapaing Thmar Dam, the regime’s biggest irrigation project.

“Thousands and thousands of people were sent there to dig this water basin, which is even bigger than the baray at Angkor Wat,” Youk Chhang, director of the Documentation Center of Cambodia (DC-Cam), said in an email. Notorious for its brutal working conditions, the dam was included in a list of work sites falling under the scope of the investigation for the court’s second case that was made public last week. DC-Cam’s 2007 annual report describes Im Chem as “one of the overseers of the [dam’s] construction”.

Im Chem, now 67, repeated her claim that the dam was completed by the time she was transferred to Preah Net Preah, and she added that, as district chief, she had the authority only “to encourage people to work in the rice fields”.

Several former cadres and experts said Im Chem was too far down the chain of command to be a likely candidate for prosecution. “If she is one of the suspects, then the gates are wide open, since there are a number of former Khmer Rouge on her level who are still alive,” said Alex Hinton, author of Why Did They Kill?: Cambodia in the Shadow of Genocide.

For her part, Im Chem said she survived the regime by following Ta Mok from her native Takeo province to the northwest, adding that any crimes she might have committed were the result of having obeyed his orders. “We live in a society where we must follow the leader,” she said.

She denied being concerned about talk of more arrests, though she, too, said she would not cooperate with an investigation.

If the court were to detain her, she asked that she at least receive advanced notice. “If they want to take me to the court, they should alert me first, because sometimes I take naps, and it would take me by surprise if I were sleeping,” she said. “Plus, I have said again and again that I do not want to go to that court.”

‘Finish the job’

Though Meas Muth and Im Chem were largely alone in their descriptions of the threat of civil war, many low-level cadres shared their view that more arrests would do more harm than good, citing concerns that any resulting tension, even if it didn’t lead to violence, could compromise efforts to promote national reconciliation and economic development.

Those residents of Anlong Veng and Samlot who have no ties to the regime, however, for the most part encouraged the court to continue its pursuit of former leaders.

“The prime minister says he will not allow the court to arrest anyone else, but I don’t care,” said Long Thy, 49, who moved to Anlong Veng in 1999. “I want to see justice. If they can investigate even just one more leader, they should do it. It’s up to the court.”

Mao Sovannara, 41, a Royal Cambodian Armed Forces soldier who has been posted in Samlot since 2005, said it was the government’s responsibility to remedy any problems resulting from more arrests, not to air its views on whether they should be carried out in the first place.

In 1975, at the age of 7, the Battambang native was taken from his home and sent to a cooperative in Banteay Meanchey, a move that separated him from his parents, his brother and his sister. The conditions in the rice fields, he said, were “like torture”, and he never saw his parents and brother again.

Speaking outside the grocery stall they run in the Samlot market, both he and his sister, Mao Ravin, said they had gotten to know Meas Muth since moving there, and that they had no problem with him personally. “I do not discriminate against him,” Mao Ravin said. “He’s a good man now.”

But Mao Sovannara said his relationships with Meas Muth and other cadres had not altered his belief that the tribunal was necessary. “I’ve waited over 30 years to see justice, so the tribunal should be allowed to do its work,” he said. “The young generation will get important knowledge, and also a lesson: When you start something, you don’t stop in the middle. You finish the job.”

Saturday, February 14, 2009

Wheels of justice grind for Pol Pot henchmen but time is running out

Top row: Duch (L) and Nuon Chea (r)
Bottom row, left to right: Khieu Samphan, Ieng Sary, Ieng Thirith

February 14, 2009
Anne Barrowclough in Phnom Penh
The Times (UK)

In a bland courtroom on the outskirts of Phnom Penh next week the justice that most Cambodians believed had passed them by will finally begin to creak into motion.

Three decades after the fall of Pol Pot, the first trial of the leaders of his genocidal Khmer Rouge regime is to begin before a UN-backed tribunal - the Extraordinary Chambers of the Courts of Cambodia (ECCC).

On Tuesday a thin, elderly former schoolmaster will stand in the dock accused of crimes against humanity committed 30 years ago.

Kang Kek Ieu, known as Comrade Duch, was the director of the infamous Tuol Sleng prison, the torture and interrogation centre in Phnom Penh where thousands of innocent people were sent to die.

His trial will be followed by those of Pol Pot's inner circle: Nuom Chea, or “Brother Number Two”, who was in charge of security; Ieng Sary, the former foreign minister and his wife Ieng Thirith, and Khieu Samphan, the former head of state.

The trials will be a watershed for Cambodians, most of whom had lost hope that the men and women who destroyed their lives would ever be brought to justice. “I never thought this day would come,” Vann Nath, one of only three remaining survivors of Tuol Sleng, told The Times. “There has been no hope for so many years.”

Robert Petit, the Extraordinary Chambers co-prosecutor, said: “There is a great need for justice in this country. Many Cambodians still don't understand why they were persecuted”.

The party leaders presided with Pol Pot over an ultra-Maoist regime whose four years in power turned a peaceful, sleepy Asian nation into a slave state. More than 1.7 million Cambodians, nearly a quarter of the population, died of starvation and disease or were executed for counter-revolutionary “crimes”.

Duch, who converted to Christianity in the 1990s, was arrested in 1999 after a journalist tracked him down in Thailand. Although Pol Pot died peacefully in 1998 after being sentenced to life imprisonment by a “people's tribunal” of his former colleagues, other senior cadres continued to live in comfort, many in Phnom Penh and on the Thai border.

Hope that they would be brought to justice was first raised in 1997 when the Cambodian Government and the UN began discussions on the creation of an international criminal court. But even after the creation of the ECCC - a hybrid Cambodian and international tribunal - in 2007, negotiations continued to be mired in political wrangling.

Time is of the essence. The leaders and their victims are elderly - Ieng Sary, the oldest, is 84 and Duch, the youngest, is 66. Many have health problems and there is no certainty that they will all survive until the final verdict, which may still be years away

IN THE DOCK
  • Nuon Chea, 82 “Brother No 2”. The most senior surviving member of the Khmer Rouge regime. Pol Pot's deputy for 30 years, he presided over the deaths of hundreds of thousands of people in Tuol Sleng and other security centres
  • Ieng Sary, 84 “Brother No 3”. Studied with Pol Pot in Paris. After the Khmer Rouge victory in 1975 he appealed to wealthy expatriates to return home, where they were executed or imprisoned
  • Ieng Thirith, 78 Ieng Sary's wife and Pol Pot's sister-in-law. As minister of social affairs she ordered widespread purges, including those of her own ministry staff
  • Khieu Samphan, 77 Head of state of the Democratic Republic for Kampuchea. Was a faithful follower of Pol Pot's agrarian ideal but claims he was never directly involved in the party's atrocities. He took over from Pol Pot as leader of the Khmer Rouge in 1985
  • Kang Kek Ieu (Duch), 66 Ruled over Tuol Sleng with brutal devotion; under his rule all but 14 of the 17,000 inmates died. Fled Phnom Penh when the Vietnamese invaded, but was arrested in 1999.

Thursday, February 05, 2009

Former Khmer Rouge Cadre Dies at 70

By Sok Khemara, VOA Khmer
Original report from Washington
04 February 2009


As the tribunal prepares for Duch’s initial hearing, scheduled for Feb. 17, meanwhile, an ex-Khmer Rouge official has died in Kandal province.

Van Rith, who was 70, was a close ally of Pol Pot and was in charge of commerce and military activities under the Khmer Rouge.

The death of Van Rith highlights one of the main concerns for the slow-moving tribunal: that aging leaders, witnesses and other participants in the justice process will die before trials are held.

Duch, whose real name is Kaing Kek Iev, faces atrocity charges for his role as chief of Tuol Sleng prison under the Khmer Rouge. He is the youngest member of the regime in tribunal custody, at 66.

His trial, the very first for the tribunal, opens Feb. 17 with an initial hearing over witnesses and evidence.

A villager who attended his funeral said Van Rith died from illness at his home in Khpop commune, Sa Ang district, late in 2008. Van Rith, sometimes called Ta Moeun, had reintegrated into the government, the villager said.

Friday, January 30, 2009

"Even though Sam Rainsy has lost for now, that accusation [against Hor Nam Hong] is still going around": Chea Vannath

Hor Nam Hong (L) and Sam Rainsy (R)

In Cambodia, Sam Rainsy no worse for wear: legal officials

Friday, 30 January 2009
Written by Brendan Brady and Neth Pheaktra
The Phnom Penh Post


PPenh legal minds say defamation ruling against Sam Rainsy will not reverberate locally; Hor Namhong waits for Cambodian case to progress.

ALTHOUGH the local fallout of a French court ruling Tuesday against opposition leader Sam Rainsy for disinformation and defamation has yet to materialise, Phnom Penh legal officials doubt the verdict will hold sway in a Cambodian court.

Foreign Minister Hor Namhong, who sought to sue Sam Rainsy for defamation in both French and Cambodian courts, has yet to deliver any resounding words calling for further punishment of the opposition leader, but Foreign Affairs Ministry spokesman Koy Kuong said his boss was waiting for local officials to "further their investigation".
"Even though Sam Rainsy has lost for now, that accusation is still going around. "
In his autobiography, Rooted in Stone, published in May last year, Sam Rainsy accused Hor Namhong of heading the Boeung Trabek "re-education" camp, where former diplomats and government officials from the Lon Nol and Sihanouk regimes were detained.

Hor Namhong had previously filed a lawsuit in Phnom Penh in April after the opposition leader alluded to the minister's involvement in the leadership of the Khmer Rouge in a speech at the Choeung Ek "killing fields". Hor Namhong shelved the case, however, awaiting the French verdict addressing the more explicit comment Sam Rainsy made in his book.

According to Phnom Penh Municipal Court President Chiv Keng, while the local case was ongoing, it would not be impacted by Tuesday's ruling, since that case "depended on facts from a different place".

For Sok Sam Ouen, director of the Cambodian Defenders Project, more charges against the opposition leader would, in his opinion, effectively amount to double jeopardy, as the claim Hor Namhong objects to is the same.

Sam Rainsy's lawyer, Kong Sam Onn, said any local legal action would require his client first be stripped of political immunity by order of the National Assembly.

He also denied tremors from the French verdict would register in Phnom Penh since, he said, "there is no law allowing a Cambodian court to use an international decision to rule on a case".

Sam Rainsy, for his part, remains unrepentant, telling the Post he "has no regrets and would not change a word."

Accusation not debunked
While legal minds may see the opposition leader's local legal standing as no worse off, Chea Vannath, a commentator on domestic social and political affairs, described the verdict as a political victory for the ruling Cambodian People's Party, whose membership has been publicly linked to leadership roles in the Khmer Rouge.

She said, however, the charge against Hor Namhong had not been laid to rest.

"Even though Sam Rainsy has lost for now, that accusation is still going around," she said.

She said she expected the ruling party would continue to address public remarks linking it to the brutality of the ultra-Maoist regime when expedient.