Showing posts with label Kaing Kek Iev. Show all posts
Showing posts with label Kaing Kek Iev. Show all posts

Friday, August 10, 2012

In Latest Work, French Author Bizot Asks ‘Frightening’ Questions of Humanity

François Bizot and Duch (Photo: AFP)
"Facing the Torturer," the most recent book by the only Westerner to survive Khmer Rouge imprisonment, explores the philosophical notion of evil.

10 August 2012
Nash Jenkins, VOA Khmer
"On one hand, I met the man who was responsible for the entire state’s killing, full of so many horrors committed that I can’t imagine taking his place today. On the other hand, I met a young man in whom, I confess, I was afraid of recognizing myself." - FRANCOIS BIZOT
Click here for the text of VOA Khmer's exclusive interview with Francois Bizot.

WASHINGTON, D.C. - On May 8, 2009, Francois Bizot approached the stand at the UN-backed Khmer Rouge tribunal, in a courtroom just outside Phnom Penh. He was the first witness called forth in the trial of Kang Kek Iev, better known as Duch, who was on trial for supervising Tuol Sleng prison, where thousands of people were tortured and sent to their deaths.

Bizot was to testify before the judge to begin the thirteen-month inquisition. The French writer was the only Westerner to survive Khmer Rouge imprisonment, at a jungle prison called M-13, run by Duch before he was promoted to Tuol Sleng. There, Bizot met frequently with his jailer, before he was eventually freed. In court testimony, Bizot referred to his time at the prison.

“Today it’s Duch who is accused and he is the one bound to the bar, so to speak,” Bizot said, alluding to the rods to which he was chained during his imprisonment. “On this occasion may I evoke the memory of the M-13 prisoners… who were later executed in another camp because they had worked with me. It is in their name that I wish to testify today.”

Monday, May 16, 2011

Duch, Master Of The Forges Of Hell


15 May, 2011
By Dan Fainaru
ScreenDaily.com
Dir: Rithy Panh. France. 2011. 103mins
Production companies: CDP, INA, France Televisions, Bophana Productions
Producer: Catherine Dussart
International sales: Films Distribution, www.filmsdistribution.com
Cinematography: Prum Mesar, Rithy Panh
Editors: Marie-Christine Rougerie, Rithy Panh
Music: Marc Marder
Kang Guek Eav, aka Duch, may not be Adolf Eichmann but he is certainly a monster in his own right. As the former commander of an infamous Khmer Rouge prison in Cambodia, he was personally responsible for the death of at least 12,380 inmates, possibly much more. Put on trial, in 2009 he was condemned to 35 years in jail - he has of course appealed and the final verdict is due to come out in June 2011.

This is an important document to keep and show in future, a lesson not to be forgotten.

Rithy Panh, possibly the best-known Cambodian filmmaker abroad, based in Paris now for many years, has already dedicated a vastly researched documentary in 2002 to the prison camp S21, displaying in detail the crimes perpetrated there by the communist regime.

Monday, April 18, 2011

Rithy Panh's Film "Le maître des forges de l’enfer" (The ironmaster from hell) to receive Special Award from Cannes Film Committee

Rithy Panh (Photo: AFP)
Excerpt from Cannes 2011 Lineup: Almodovar, Trier, Kaurismaki etc.)

Source: http://www.cineman.gr/content/view/822/122/lang,en/


Rich in big names the official selection of Cannes 2011.

Pedro Almodovar secured once again a place in this year's Cannes with his The Skin that I inhabit, in which he teams again with Antonio Banderas.

Terence Malick's Tree of Life, a supernatural existential thriller with Brad Pitt and Sean Penn finally made it, and was ready for this year's festival.

Aki Kaurismaki is again a contender with his "Le Havre", and Lars Von Trier brings his more subdued "Melancholia" into the Croisette.

Dardenne brothers are here "The Kid with the bike", but also two Italians: Paolo Sorrentino "This must be the place", and Nani Moretti, with "We have a pope".

Britain competes with Lynn Ramsey "We need to talk about Kevin". Woody Allen's Midnight in Paris is shown in the festival premiere (out of competition), as well as the next installment of Pirates of the Caribbean and Kung Fu Panda 2.

Notably absent are Yorgos Lanthimos with Alps, and Hirokazu Kore-eda with "I wish".

...
Out of Competition:

...
(Special Screenings):
"Le maître des forges de l’enfer," directed by Rithy Panh

------------------
SÉLECTION OFFICIELLE - SÉANCES SPÉCIALES

"Le Maître des forges de l'enfer", de Rithy Panh
pour Le Monde.fr | 15.04.11 | 17h37

Né en 1964 au Cambodge, rescapé des camps de travail des Khmers Rouges, Rithy Panh est arrivé en France en 1980.

Le réalisateur franco-cambodgien exerce un travail de mémoire à travers le cinéma : cette fois, il suit le procès de Duch, l'un des principaux responsables de la répression meurtrière qui s'est abattue sur le Cambodge.

Translation from Le Monde, 15 April 2011
Born in 1964 in Cambodia, a survivor of the Khmer Rouge labor camps, Rithy Panh arrived in France in 1980.

The French-Cambodian filmmaker has been working on memories through film: this time, he followed the trial of Duch, one of the main person responsible for the murderous repression that befell on Cambodia.

Monday, April 11, 2011

Duch To Stand Witness in Upcoming Khmer Rouge Trial

Kaing Guek Eav, alias Duch, admitted to overseeing the torture and killing of 16,000 people as the Khmer Rouge's chief prison warden returned to the courtroom in Cambodia to appeal his 19-year prison sentence for war crimes and crimes against humanity. (Photo: Reuters)

Kong Sothanarith, VOA Khmer
Phnom Penh Monday, 11 April 2011
“Duch is a highly likely witness, who knows the crimes that happened and all the systems of the criminal mechanism led by former Khmer Rouge leaders.”
Tribunals at the Khmer Rouge tribunal said Monday that Duch, who was found guilty of atrocity crimes for his role as supervisor of a torture center, will be a witness in the upcoming trial of former regime leaders.

Four leaders—Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith—will stand trial for crimes including genocide when the hearing opens later this year.

Duch, who said during his trial he was acting under orders by top leaders, could provide testimony against them, officials said.

The chamber would call Kaing Guek Eav alias Duch as an ordinary witness for case 002,” wrote judge Nil Nonn, president of Trial Chamber, following tribunal meetings to prepare for the hearing last week.

Thursday, August 19, 2010

Center Screens Duch Film for Former Khmer Rouge

Duch (L) and his comrade (Photo: DC-Cam)

Kong Sothanarith, VOA Khmer
Phnom Penh Wednesday, 18 August 2010

“She is angry with what happened to her brother.”
The Documentation Center of Cambodian has begun a series of film screenings across former Khmer Rouge strongholds to help explain the recent UN-backed tribunal verdict for Kaing Kek Iev, or Duch.

The screenings have drawn former soldiers of the regime, some who believe the commuted sentence of 19 years of Duch was “reasonable,” while others believe he should have received life in prison, said Chhang Youk, director of the center.

The documentary explains Duch's role as director of Tuol Sleng prison, known to the Khmer Rouge as S-21, where more than 12,000 people were tortured and sent to their deaths.

A recent screening, in Battambang province's Samlot district, took place at a church five minutes from Duch's former home, where he was arrested in 1999.

Duch's sister still lives in the area, but she did not attend the screening.

She is angry with what happened to her brother,” Chhang Youk said. She feels partly responsible for his arrest and is angry “it is only he who has been tried,” he said.

Still, more than a hundred former Khmer Rouge soldiers did attend in Samlot, a mountainous area that served the Khmer Rouge since an initial revolt over taxes there sparked the movement, mostly of peasants.

Tuesday, July 27, 2010

Duch’s neighbours reflect on his life

Kong Suon, 85, the oldest resident of Chaoyot village, was enraged when Kaing Guek Eav, alias Duch, asked to be set free. (Photo by: Sebastian Strangio)

Monday, 26 July 2010
Sebastian Strangio and May Titthara
The Phnom Penh Post


Kampong Thom province - THESE days, life in Chaoyot village, a collection of stilt houses nestled along the banks of the Stoung river, proceeds in much the same way it did 68 years ago, when Kaing Guek Eav, alias Duch, was born to parents of Khmer-Chinese extraction. It was here, in a small concrete home shaded by bamboo groves and mango trees, that Duch spent his childhood years, cycling each day the short distance to the local primary school.

The rustling palms and rutted village track are worlds away from Tuol Sleng, or S-21, the secret Khmer Rouge facility that Duch moulded into an efficient machine of interrogation, torture and death. As head of the prison, Duch is thought to have overseen the torture and killing of as many as 16,000 people, creating a nihilistic whirlwind from which only 14 or so emerged alive.

As the Khmer Rouge tribunal prepares to deliver its verdict against the 68-year old today – perhaps the only one it will ever issue – the proceedings have not gone unnoticed in Chaoyot. But the desire to see justice served means different things to different residents; whereas some are unsure how to relate Duch’s crimes to the abuses they personally endured during the regime, others seem to feel their effects acutely.

More than six decades since his birth, Duch has left only a faint trace in Chaoyot. His neat family home, currently occupied by his nephew Kim Luon, still stands, surrounded by a well-tended yard that abuts the road. Dy Thy, 63, one of Duch’s old neighbours, said she heard nothing from him during the 1975-1979 rule of the Khmer Rouge, and that she found it hard to square the quiet young student she remembers with the horrors of Tuol Sleng.

“I supposed that the Khmer Rouge were people from abroad,” she said. “I didn’t know they were Cambodian people – especially not a person born in this village.”

An exceptional student

Duch lived in Chaoyot until about the age of 14. Residents recall that from his earliest years, the boy who went by the nickname “Kiev” stood out as an exceptional student. Sem Thuon, now 69, regularly shared a table with Duch at Wat Svay Romeat primary school between the first and third grades. “I always copied from him during the exams, and he allowed me to copy,” she said. “I never thought that he would become a strong Khmer Rouge leader.”

In many ways, however, Duch’s intellectual journey epitomised that of the Cambodian communist movement. Like other regime leaders, he was a beneficiary of the sweeping educational reforms Prince Norodom Sihanouk introduced in the late 1950s. Intended to modernise the country and expand opportunities in the countryside, the reforms instead created a class of educated but underemployed young men and women who helped pry apart the country’s centuries-old system of patronage. As the 1960s wore on, Sihanouk – the God-King himself – came under stronger attack from the growing ranks of the left.

After completing the first round of his secondary education in Kampong Thom in 1961, the teenage Duch continued to excel academically. He won a place at the prestigious Lycee Sisowath in Phnom Penh, where he completed his baccalaureate in mathematics.

Three years later, he graduated from the Institut de Pedagogie, a teacher-training college then headed by Son Sen, the future Khmer Rouge Minister of National Security and Defence.

His first teaching post was in Skuon, in Kampong Cham province, where he cultivated radical ideas, reportedly carrying about a copy of Mao Tse-Tung’s “Little Red Book” and openly agitating on behalf of the communist movement. Following the arrest of three of his students during anti-leftist crackdowns in 1967, Duch fled to Chamkar Leu district, then a Khmer Rouge stronghold, where he became a full member of the Communist Party of Kampuchea.

In 1970, following a two-year spell in prison for antigovernment activities, Duch travelled to Omlaing, in Kampong Speu province, where he helped established a prison camp known as M-13. In his book The Gate, the French anthropologist Francois Bizot, who was detained at M-13 following his capture by Khmer Rouge insurgents in 1971, describes Duch as an intelligent but rigid thinker, one who was open to fireside political debates but unyielding in his views.

M-13 was where Duch gathered around him the cadres who would eventually form the trusted core of his team at Tuol Sleng.

‘They will kill him secretly’

At 85, Kong Suon is the oldest resident of Chaoyot village, matching year-for-year the age of his spacious but battered wooden stilt home. Despite his age, he has barely missed a beat of the Duch trial, following the proceedings on both television and radio.

Sitting on his shaded stoop, the withered old man, who lost two sons to the Khmer Rouge regime, described his personal interest in seeing Duch brought to justice. He said he had been enraged during closing statements last November, when the man who had repeatedly apologised and expressed a willingness to accept responsibility for his crimes told judges at the last possible moment that he wished to be acquitted and released.

“I was so angry when I saw Kiev apologise to the court during the TV broadcast and ask for freedom. Why doesn’t he think about the people who were killed at S-21?” he said. “I really miss my two sons. They were students – they didn’t do anything wrong, but Pol Pot’s soldiers killed them.”

His wife, 82-year-old Mar Po, a distant relative of Duch, predicted that the court wouldn’t dare let him go because of the number of people whose lives he scarred. “If he is released, he will not survive because a lot of people are angry at him, so they will kill him secretly,” she said.

But residents also describe a sense of ambivalence towards the proceedings. Sem Thuon said that she pitied her former classmate after she learned of his arrest, and that she hoped he would receive mercy from the court. “I want him to be released from prison because everything has been passed over already,” she said. “I pardon him because I now respect the Buddha’s teachings.”

Mar Po, whose parents and son were killed during the Pol Pot regime, said Duch had already reaped a bitter karmic harvest for his actions. “Now his bad deeds have been returned to him – his wife was killed by a thief in Samlot after the Pol Pot regime,” she said, referring to an attack that took place in the mid-1990s in Battambang province.
From school to prison and back

As Duch became an increasingly committed revolutionary, he gradually grew disconnected from the place of his birth. Shortly after the Khmer Rouge victory of April 1975, he returned home for a single night en route to Phnom Penh, sporting his new nom de guerre and an entourage of black-clad cadres. During the visit, described in photographer Nic Dunlop’s book The Lost Executioner, Duch regaled the village with visions of the new communist society to come. He was soon consumed by his macabre work at Tuol Sleng, and he did not return to the village before the regime’s downfall in 1979.

By the time Duch reached Phnom Penh, his hometown had already been swept up in the maelstrom unleashed by the movement. Many of Chaoyot’s inhabitants were marched to Samlot, in Battambang province, where they were put to work constructing dams and farming communal rice paddies. In their place came evacuated residents of Phnom Penh, or “new people”, who were violently pressed into the service of the revolution.

Residents of Stoung district recall how a school building outside the district town was converted into a prison. A concrete stupa at the nearby Preah Theat pagoda contains the bones of hundreds of victims, including many from Duch’s own village, who succumbed to the horrific working conditions and were disposed of in the surrounding rice fields.

Tim Sath, a 63-year-old Buddhist nun at the pagoda, said that in her Khmer Rouge commune, one tin of rice was shared among five to 10 adult workers. Rations for children were so small they were measured using the remnants of 79mm artillery shells; half a casing’s worth of grain was split three ways.

When asked about the tribunal, Tim Sath said Duch should pay for plunging his homeland into violence and upheaval. “Kiev should be sentenced [to jail] for his whole life,” she said, “because I am scared that if he is released he will connect with his partners to re-establish the Khmer Rouge regime again, and the young generation will suffer like we did.”

‘He does not listen and does not believe’
Although those old enough to remember the Khmer Rouge eagerly await Duch’s verdict, younger residents of Chaoyot seem more removed from the proceedings. “The young generation does not care about the Khmer Rouge, and they do not believe the Khmer Rouge tortured people,” said Ung Kok Henh, who spent 25 days in detention at the Khmer Rouge prison in Stoung, which has since been transformed into Sei Sophaon High School. “Even though my son is 32 years old, I have told him about the Khmer Rouge, but he does not listen and does not believe it because he was born after the regime passed.”

Sitting in a roadside cafe, Khorn Sopheap, 28, said he did not pay much attention to the Khmer Rouge tribunal and knew little of the regime’s history. Unlike his older brother, who went to high school during the 1980s, when the Khmer Rouge period was covered as part of the national school curriculum, he was never taught about it. “Maybe I will watch TV on Monday and maybe not, because I am busy,” he said over the roar of a motorised sugarcane press. “But I want to know about Duch’s verdict. I think he should be sentenced for many years.”

Sipping on a glass of sugarcane juice, 18-year-old Tan Yona, a student at Sei Sophaon High School, also said he knew little about the court. “I have not paid much attention to the Khmer Rouge, but I heard people say that they did cruel things during that time,” he said. Asked what Duch’s punishment should be, he said the court should either “sentence him for his whole life or execute him”.

‘It was hard to believe’

Following the fall of Phnom Penh to the Vietnamese army in January 1979, Duch went into hiding. It was not until March 1999 that he resurfaced in Samlot district, where he was living under an assumed name and working for a Christian NGO. Dunlop discovered Duch after recognising him from an undated photo from the Khmer Rouge years that showed the grinning prison chief addressing a party meeting.

“As I stood before Comrade Duch, I did my best to avoid singling him out from the others,” Dunlop wrote in The Lost Executioner. “It was hard to believe that this small, disarming man in front of me had been the commandant of Tuol Sleng.”

Duch was arrested not long after his whereabouts were reported in the media. Throughout his trial, he seemed to have come to terms with his actions, as well as the need to pay for them in full. But the last-minute bid for acquittal has set the stage for an uncertain conclusion today.

Whatever the outcome, villagers in Chaoyot are as far off as anyone from coming to grips with the mania that drove the Khmer Rouge killing machine.

“Until today I still think and wonder why Pol Pot tortured and killed Cambodian people,” Ung Kok Henh said. “I still have not yet found the reason.”

Friday, July 09, 2010

Khmer Rouge war crimes defendant sacks foreign defence lawyer

Fri, 09 Jul 2010
DPA

Phnom Penh - Comrade Duch, the defendant in the first case tried by the UN-backed Khmer Rouge war crimes tribunal, sacked his foreign defence lawyer Friday, weeks before the court is to hand down its verdict.

The tribunal said it would allow Duch, whose real name is Kaing Guek Eav, to fire Frenchman Francois Roux over what it said were the "exceptional circumstances" of Duch's "loss of confidence" in Roux.

Duch is charged with war crimes and crimes against humanity for his role in the deaths of more than 12,000 people when he headed S-21, the Khmer Rouge's key torture and execution centre in Phnom Penh from 1975 to 1979. He is to hear the verdict in his case July 26.

A tribunal statement said Duch had requested Roux's removal in a June 30 submission to the defence support section of the UN-Cambodian tribunal and accepted that his loss of confidence was genuine.

"This decision is not an endorsement of the underlying reasons for the loss of confidence put forward by Mr Kaing in his request," defence support section head Richard Rogers said. "In the circumstances, it has not been necessary either to accept or to reject the underlying reasons."

The section also noted that the sacking of Roux would not delay proceedings and barred Duch from appointing a replacement foreign defence lawyer ahead of the July 26 hearing.

The tribunal's hybrid nature means foreign and Cambodian nationals jointly hold key positions, including on the prosecution, defence and investigative sides. The court said Duch's Cambodian defence lawyer, Kar Savuth, would continue to represent him.

The latest twist followed the defence team's spectacular implosion in the final days of the 77-day trial when Duch dramatically reversed his plea and asked to be acquitted and released.

Duch's request, which came after months of stating that he accepted responsibility for his role in the deathsat S-21, was endorsed by Kar Savuth but clearly caught Roux by surprise.

In the final days of the trial in November, Kar Savuth told the five-judge bench that Duch ought not to be on trial because international law did not apply as his client had been following orders. He also argued that the court had no jurisdiction over Duch.

Roux revealed the depth of the split in the defence team that week when he told the bench that the two defence lawyers had "disagreements" over their approach to the case but said international law "of course" applied to Duch.

The court's remit is to try those considered most responsible for crimes committed by the 1975-79 Khmer Rouge regime. Four surviving senior leaders are in detention for their alleged involvement in the deaths of 1.7 million people.

The four, whose trials are expected to start early next year, are former Brother Number Two Nuon Chea, the movement's ideologue; former head of state Khieu Samphan; former foreign minister Ieng Sary; and his wife, the former social affairs minister Ieng Thirith.

The movement's leader, Pol Pot, died in 1998 without being tried.

K.Rouge prison chief sacks his international lawyer

François Roux (L) with Duch (R), his client (Photo: AFP/Getty)

Friday, July 09, 2010

By Patrick Falby
AFP


PHNOM PENH — Former Khmer Rouge prison chief Duch has sacked his international lawyer just weeks before a verdict in his war crimes trial, the UN-backed court said Friday, after a rift emerged in his defence.

Duch, whose real name is Kaing Guek Eav, cited "loss of confidence" in his decision to dismiss Francois Roux as counsel at the Cambodian tribunal, where there has been discord between his international and local lawyers.

Duch's defence strategy imploded on the final day of his trial in November when he suddenly demanded his release after months of admitting responsibility for overseeing the murders of around 15,000 people at the Tuol Sleng prison.

During most of the trial, Duch's defence team focused on getting a lighter sentence by downplaying his position within the regime and by highlighting his remorse, his time already served and his cooperation with the court.

Prosecutors said at the time that the 67-year-old's sudden U-turn had raised doubts about his admissions of responsibility and his pleas for forgiveness.

Roux said in November the change in plea was a "bad surprise" and apparently linked to political interference in the trial, noting that Prime Minister Hun Sen had previously said he hoped the tribunal would fail.

His appeal for release "calls into question Duch's plea of culpability, but also the competence of the court," the French lawyer told AFP at the time.

At his verdict on July 26, Duch will continue to be represented by his Cambodian co-lawyer, Kar Savuth, who is also known to work for Hun Sen.

Kar Savuth in November argued that Duch wanted to be acquitted on the grounds that he was not a senior member of the Khmer Rouge hierarchy, while Roux had argued for leniency based on his contrition.

Both the Cambodian lawyer and Roux refused to comment on the sacking.

Theary Seng, founder of non-profit organisation the Centre for Justice and Reconciliation, called the timing of Roux's sacking "really suspicious", saying it could "create confusion and cynicism" about the tribunal.

"We are already very concerned that Cambodian officials at the court take orders from the government and now we have this on the eve of the verdict, so I'm perplexed -- as are many others following this process," she said.

The court, set up in 2006 as a final chance to find justice for victims of the blood-soaked regime, had already been mired in controversy over alleged political interference and allegations about kickbacks in return for jobs.

Duch is charged with crimes against humanity, war crimes, torture and premeditated murder.

In hearings over nine months last year, the defence repeatedly said he only carried out orders out of fear he and his family would be killed.

Duch's jail was at the heart of the 1975 to 1979 Khmer Rouge regime's security apparatus. Men, women and children were taken from there for execution at a nearby orchard that served as a "Killing Field".

Under their leader Pol Pot, the hardline communist Khmer Rouge wiped out nearly two million people as they abolished money and property and set up huge labour camps in their bid to take Cambodia back to a rural "Year Zero".

Pol Pot died in 1998. The joint trial of four other more senior Khmer Rouge leaders is expected to start in 2011, while the court is considering whether to open cases against five other former Khmer Rouge cadres.

Sok Samoeun, president of Cambodia Defenders Project, a legal aid organisation that helps represent Khmer Rouge victims, said he was surprised Duch had sacked Roux as all the arguments in the case were completed.

"It looks like it's useless because the case is finished," he said.

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, May 06, 2009

Despite Snags, Khmer Rouge Trial Offers Revelations

06 May 2009
Luke Hunt
World Politics Review


PHNOM PENH, Cambodia -- Unsubstantiated corruption allegations against the Cambodian judiciary overshadowed the Khmer Rouge war crimes tribunal, denying it the pristine start that supporters would have hoped for.

The United Nations linked their funding for the trial to an inquiry into whether Cambodian judges paid kickbacks for their jobs, resulting in a cash shortfall after staffers balked at the demand. However, the Japanese announced a $4.1 million grant for the Cambodian side of the tribunal, which should ensure enough funds until the end of 2009.

The allegations stole a lion's share of the attention from center stage, where the trial of Kang Guek Eav, former head of the dreaded S-21 detention centre, has gripped Cambodians and longtime observers alike, casting a fresh light on the inner workings of Pol Pot's regime. Also known as Duch, his testimony leaves little doubt about the calculating brutality that characterized the ultra-Maoists, before and after they came to power in April 1975.

Among Duch's revelations were the existence of M-13, a previously unknown death camp established in a communist-held zone in 1971, when Pol Pot's forces were still battling the U.S.-backed Lon Nol government for control of the country.

"It's really important, in the telling of history, what happened 30 years ago," said Khmer American author and lawyer, Theary Seng. "The Khmer Rouge tribunal is now shedding light on this very, very dark period."

About 300 people perished in M-13, located near Omlaing, roughly 50 miles west of Phnom Penh. Duch said the camp was designed to "detain, to torture, and to smash, that is to kill," and operated between 1971 and 1975. M-13 became a prototype for later centers like S-21, where 16,000 people were systematically exterminated after Pol Pot seized control of Cambodia, renaming it Kampuchea. A total of 196 death camps would ultimately be constructed.

Seng, the executive director for the Center for Social Development, a Phnom Penh-based human rights organization, said Duch's testimony surrounding the M-13 death camp as well as his naming of names had left a powerful and poignant mark on the tribunal. "Even [those of us] who have been following the tribunal since its establishment . . . have found surprising pieces of information we did not know existed before," she said. "Imagine how the rest of the population feels."

Duch corroborated earlier claims over chains of command made by Ieng Thirith -- a former minister for social affairs in Pol Pot's cabinet and the wife of Ieng Sary, the regime's foreign minister. Both said ultimate responsibility for S-21 lay with Brother No. 2, Nuon Chea, whose case -- along with the Iengs -- has yet to be heard by the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Duch also left no doubt that Chinese diplomats and trade officials were in Cambodia during the nearly four-year Khmer Rouge reign that left one-third of the country's population, or about 2 million people, dead. As the S-21 killing machine gained momentum, senior Khmer Rouge cadres were considering moving the death camp's location, out of fears the Chinese might wander in and discover what was really happening behind the barbed wire at Tuol Sleng.

Duch said that Pol Pot's crimes were far greater than those of the Gang of Four who controlled China in the latter stages of the Cultural Revolution. This obviously implies that Pol Pot and Nuon Chea feared Beijing and deliberately sought to keep the Chinese in the dark about their bloody behavior.

However, given the number of death camps and the fact that Phnom Penh's entire population -- along with that of every other city and town -- was forced into the countryside as part of the government's effort to forge an agrarian utopia, it remains highly unlikely that the Chinese did not have some inkling of what was going on.

Among the other revelations from Duch's testimony were the existence of a special team of five female interrogators he established to deal with women prisoners, and that his preferred methods of torture were whips and electric shocks, as these were simpler than waterboarding and less likely to kill the victim.

Previously unknown, too, was that a handful of foreign prisoners captured soon after the Khmer Rouge takeover -- one each from Australia, Britain, New Zealand and the United States -- were separated from Vietnamese and Cambodian prisoners, personally handled by Duch and kept alive until the second quarter of 2008.

Duch, a former mathematics teacher, insisted that he carried out his superiors' orders, which he admits killed thousands, to protect his family and to avoid being beheaded.

Seng added that, although the tribunal is still in the early days, Duch's testimony has already helped enormously in demystifying the Khmer Rouge. Normally, Cambodians prefer not to talk about their tragic past due to fears of recriminations. Memories are still raw from decades of conflict that only ended in 1998. But Seng said Cambodians were for the first time beginning to talk and debate about what happened, openly and without fear.

"There is so much power in hearing Duch speak and seeing his demeanor, his expressions and listening to the tone in his voice," she said. "This is one of the most important aspects."

More than 5,000 forced confessions were obtained at S-21. But lawyers for Ieng Thirith have indicated they will perversely argue that such confessions are inadmissible as evidence in court because they were obtained under duress, violating the victim's human rights.

Luke Hunt is a Hong Kong-based correspondent and a World Politics Review contributing editor.

Dark side can shed light on humanity

May 6, 2009
Jen Vuk
The Age (Australia)


Don't make Pol Pot's grave an attraction, but remember his victims.

IT TOOK three decades of internal politics, and a tangle of red tape, but justice finally came to Cambodia at the end of March when 66-year-old Kaing Guek Eav faced a UN-backed court for the alleged atrocity he oversaw as chief of the Khmer Rouge's infamous S-21 torture camp.

Call it symmetry or coincidence, but on that same sweaty afternoon, newly arrived in Cambodia's seething capital, Phnom Penh, I found myself standing at the gates of S-21 (now known as Tuol Sleng Museum).

Entering what was once a suburban high school — before it fell to the Khmer Rouge and its murderous ideology — I couldn't shake off a growing unease. After all, here was the site where more than 15,000 men, women and children were detained and tortured, ending with their execution at nearby Choeung Ek (the Killing Fields) between 1975 and 1979.

What's more, unlike New York's Ground Zero, Bali's Sari Club and Port Arthur's Broad Arrow Cafe, Tuol Sleng is no spectre.

Standing tall and intact, furnished with instruments of torture, stark head shots of the dead, and dried blood still evident on the walls, the site is almost every bit as gruesome now as it was in early January 1979 when Vietnamese troops stormed in and drove out what was left of the imploding regime.

Today, Tuol Sleng, the Killing Fields and the Angkor Wat complex near Siam Reap complete Cambodia's trinity of premier "attractions", but it's the former that have become favourites on the dark tourism trail.

The term "dark tourism", coined by John Lennon and Malcolm Foley in their 2000 book, Dark Tourism: The Attraction of Death and Disaster was too catchy by halves and had me bristling.

After all, it concerned deriving ghoulish pleasure from sites associated with death or suffering. Could it be true? Was I just another trauma tourist drawn to the sideshow of the macabre?

This tension between visitor and place is the subject of a 2009 collection of essays, Remembering Places of Pain and Shame — Dealing with Difficult Heritage, edited by Melbourne academics Professor William Logan and Dr Keir Reeves.

In it, Logan and Reeves pose the difficult question: Are there places whose history is so painful they shouldn't be preserved? Logan, a UNESCO professor of heritage and urbanism, argues that "relics of the perpetrators of pain and shame", such as Anlong Veng, the site of Pol Pot's grave in Cambodia, which has been the subject of an unofficial push to turn it into a heritage destination, "should be allowed to disappear".

While there is "no useful message" in keeping Pol Pot's name alive, he adds, "keeping places where people suffered; there is a message in that".

And therein lies the rub. What was the message among the haunting ephemera at Tuol Sleng?

Certainly, stare long enough at the photos and you'll start hearing voices; a compelling contrast to those of us looking on and rendered mute.

But not altogether silent, perhaps.

If I shut my eyes, I suddenly become open, attuned, to the spaces in between. The tragic, mournful vibrations of a humanity ill-equipped to deal with or understand the detours.

As academic, author (and my friend) Maria Tumarkin writes in her 2005 book Traumascapes: "Because trauma is contained not in an event as such but in the way this event is experienced, traumascapes become much more than physical settings of tragedies; they emerge as spaces where events are experienced and re-experienced across time."

In a paper last year (Dutiful Tourism: Encountering the Cambodian Genocide), Melbourne University researcher Rachel Hughes found that in place of "greater understanding", the majority of her interviewees expressed a "hope that their 'being there' was at least significant. In other words, the experience is no longer epistemological but testimonial; not 'I now know more' but 'I visited'."

It's with some relief I realise that I, too, am overwhelmed by what's before me. Pity, guilt and, yes, understanding make way for cold, naked gratitude — for a life light years from the aberration of Tuol Sleng and for the opportunity to bear witness to it.

Tumarkin would say this is a natural response to what was, after all, a nerve centre of terror.

Far more than the sum of its parts (walls, floors and ceilings, guide book entry), Tuol Sleng is a concrete incarnation of suffering; left as it is, in the here and now, for those of us divorced from its reality to brush against.

I later read that Kaing Guek Eav begged forgiveness under the spotlight of international interest and a Cambodian-dominated public gallery.

It's a mighty step for a country shackled to a past it would sooner forget, but can't tear down — a concept this accidental tourist was only starting to get her head around.

Jen Vuk is a Melbourne writer and editor
.

Saturday, March 28, 2009

Q&A: Cambodians Look Beyond Khmer Rouge Trials

Youk Chhang (Credit:Marwaan Macan-Markar/IPS)

Marwaan Macan-Markar interviews YOUK CHHANG, director, Documentation Centre of Cambodia

PHNOM PENH, Mar 27 (IPS) - While the trial of the notorious jailor of the genocidal Khmer Rouge regime is expected to break new legal ground in Cambodia, justice is not all that people here expect to come out of the war crimes tribunal.

It stems from the broad and, at times, differing views here about the Extraordinary Chambers in the Courts of Cambodia (ECCC), the United Nations-backed tribunal that seeks to try the surviving leaders of the Khmer Rouge, which brutalised this South-east Asian country during their rule from Apr. 17, 1975 - Jan. 16, 1979.

Kain Khek Eav, or ‘Duch’, was a key figure in the Khmer Rouge machine that was responsible for the deaths of 1.7 million people, nearly a quarter of the country’s population at that time. The victims were either executed or died of forced labour or starvation.

Duch was the chief jailor of Tuol Sleng, or S-21, as the extremist Maoist group called what was a high school in the Cambodian capital before it was turned into a prison. The victims, including children, were interrogated, tortured and killed. Only 11 people are known to have come out alive.

Duch’s trial, from Mar. 30 onwards, will offer Cambodians a moment that had appeared elusive for the past 30 years: to get a first hand account from the man who presided over the killing of between 12,380 to 14,000 people in S-21. Other unanswered questions are also expected to figure during the trial: who ordered the deaths, how the victims were killed, and why?

For the Documentation Centre of Cambodia (DC-Cam), the trial will be a reward for a 15-year search of evidence, testimonies and documents about Khmer Rouge atrocities that could be used in a war crimes tribunal such as the ECCC.

DC-Cam has recorded the accounts of nearly one million victims, identified the presence of 20,000 mass graves, got proof of 198 prisons like S-21, and also obtained statements from former members of the Khmer Rouge.

IPS correspondent Marwaan Macan-Markar interviewed Youk Chhang, director of DC-Cam), in his Phnom Penh office on the eve of this unprecedented tribunal.

IPS: With the Khmer Rouge trial finally getting underway, what kind of interest is there in the country after a 30-year wait for this very significant moment?

Youk Chhang: There are different levels of interest among the Cambodians. The level of reservation, a wait-and-see attitude to judge the tribunal, is very high. But I think most people want to see justice done. The ECCC is the last solution for the Khmer Rouge genocide.

IPS: Is it about justice or does the trial offer something more? Should the tribunal offer something more?

YC: There has to be something more. I think it is about our country’s future, where people can feel satisfied with the process and the outcome of the trail about what happened during the Khmer Rouge period, and then move on with their lives. We will get a sense of that as the trial proceeds, since the people suffered so much in the past.

The tribunal offers a chance for the survivors and the Cambodians born after the Khmer Rouge period to learn about that terrible period in our country’s history from those who were directly involved in it. They will get to know why and how decisions were made for Cambodians to kill other Cambodians on such a massive scale. Cambodians are still ashamed of the Khmer Rouge history.

IPS: But one gets the feeling when talking to people here that Cambodians are divided on this issue of what is the best outcome to ‘’move on with their lives,’’ as you say. Will we see more divisions in the months ahead?

YC: I agree that the people are divided on how they view the tribunal and what they want to see coming out of it. There is a different opinion here in what each group means by justice at the trial. The overseas Cambodians have one demand for justice, the ones who stayed back have another view, the prime minister has his own view, the former Khmer Rouge leaders want it a different way, and my mother wants it a different way.

IPS: So there is even a difference of views within your family?

YC. Not mine only. I think you will find it among other families too. In our case, my mother has forgiven the Khmer Rouge village chief who ordered the death of my sister. He went to my mother’s house with a gift of bananas after the Khmer Rouge was defeated to ask forgiveness. She accepted it as karma, you know, a very Buddhist way of viewing the situation.

IPS: What happened to your sister?

YC: She was accused of eating stolen rice and was killed. Her husband was beaten to death before that. Two of their three children, a boy and girl, three years and one year, died due to starvation. But one daughter, who was five years then, survived. And we had to create stories to stop her from crying when she missed her parents. But those stories were not true.

My niece who has lived in the U.S. for nearly 30 years refuses to come back. She doesn’t believe in the tribunal, she says it will not ensure justice. She says everything in Cambodia is an illusion. She has felt that way after finding the truth about her parents.

IPS: So how can the tribunal convince people like your niece and the many Cambodians who are sceptics?

YC: The process has to appear credible. And the people should feel through the tribunal that they are in charge of their history. But there is also an obligation for the victims to take responsibility and help this process. They have to help confirm the brutality of the Khmer Rouge.

IPS: And you, personally?

YC: Our organisation has been gathering evidence since 1995 to help such a tribunal. It is raw data that all parties can access. But what I want, from the end of it all, is to see an end to being viewed as a victim. The ‘Duch’ trial should help draw that line, to define us as no longer victims. I don’t want that, hate that, want to move on. I want to be just known as Youk Chhang.

Testimony to begin at Cambodian genocide tribunal

2009-03-27
By GRANT PECK
Associated Press


Testimony begins Monday at Cambodia's U.N.-backed genocide tribunal 30 years after the ouster of the Khmer Rouge, and millions of Cambodians, including survivors and relatives of victims, are expected to watch on TV.

Prosecutors will present their case against Kaing Guek Eav, better known by the revolutionary name Duch, who headed the ultra-communist group's main torture center. He is accused of crimes against humanity and war crimes, as well as torture and homicide.

Duch, 66, is one of five former Khmer Rouge leaders being held for trial by the tribunal. An estimated 1.7 people died during the group's rule in the late 1970s from starvation, medical neglect, slave-like working conditions and execution.

The trial before the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is called, comes three decades after the Khmer Rouge were toppled by a Vietnamese invasion, 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated. Political wrangling, corruption scandals and inadequate financing contributed to the delays.

Duch headed S-21 prison, the largest Khmer Rouge prison, from which as many as 16,000 men, women and children are believed to have been sent to their deaths, typically after undergoing gruesome torture.

Technically his trial _ the tribunal's first _ opened in February, when the judges ruled on procedural issues such as scheduling and witnesses.

But Monday's hearing is the start of the substantive part of the trial, including the first chance for Duch to publicly tell his story as well as be confronted by the families of victims.

"Duch acknowledges the facts he's being charged with," his French lawyer, Francois Roux, said last month. "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."

Helen Jarvis, a tribunal spokeswoman, said it will be "enormously important" for the public to finally see Duch admit responsibility for his part in the events.

"I don't think we can overestimate the importance of this occasion," she said.

State television and radio are to broadcast Monday's proceedings live.

"We expect that 70 percent of Cambodia's 14.3 million people will follow the trial through TV and radio during the first day of the trial," Information Minister Khieu Kanharith said. The verdict at the end of the trial also is to be broadcast live.

Chan Sim, a retired professor of fine arts, said he will be watching Monday.

"It is a day for which I have waiting for more than 30 years. I want all people to watch together and see the face of the criminal," said Chan Sim, who lost eight relatives under the Khmer Rouge.

"Duch deserves to be punished because he has committed crimes that the world, the Cambodians and the Lord Buddha cannot forgive," he said.

Prosecutor Robert Petit said Friday he hopes the full story of the victims, the reasons why S-21 existed and the motivation of the defendant will be revealed so "the record is set once and for all."

"What matters is all the right evidence is put before the judges so they can establish the truth for all to see," he said.

"Lord, forgive for what I did to the people": Duch

Cambodian torture suspect recalled as kind teacher

Saturday, March 28, 2009
By GRANT PECK

PHNOM PENH, Cambodia (AP) — Meticulous. Conscientious. Control oriented. Attentive to detail. Seeks recognition from his superiors.

That's how a psychiatrist for Cambodia's genocide tribunal described 66-year-old Kaing Guek Eav, who goes on trial Monday. Positive traits for the teacher he once was, they also doomed thousands of his fellow citizens in the late 1970s.

As head of the communist Khmer Rouge's main prison, he efficiently oversaw the torture and execution of upward of 12,000 men, women and children, according to an indictment charging him with crimes against humanity, war crimes, torture and homicide. His lawyer says Duch has conceded the facts of the indictment.

The U.N.-assisted tribunal is seeking to establish responsibility for the brutal 1975-79 rule of the Khmer Rouge, when an estimated 1.7 million died of starvation, medical neglect, slave-like working conditions and execution.

Kaing Guek Eav — better known by his nom de guerre, Duch — holds the distinction of being not only the first Khmer Rouge leader to face trial, but also the only one to express remorse for his action.

His life story seems almost as paradoxical as the madness into which the Khmer Rouge plunged Cambodia when it seized power in 1975, depopulating the cities, banning religion, abolishing currency and sealing off the country from the outside world.

Unlike most of the top Khmer Rouge leaders, who came from privileged backgrounds, Duch was born to a peasant family in Chayok village in the central province of Kampong Thom, about 140 miles (225 kilometers) north of the capital Phnom Penh.

A childhood neighbor remembers Duch as a hardworking boy who preferred staying home to study instead of going out to play.

"I used to call him the big head boy because it looked big on his skinny frame," Ma Roun said. "But he never showed any anger."

But the boy's political consciousness was fired up by teachers who railed against corruption and social injustice.

A model math student, Duch moved to Phnom Penh to attend a teacher training school. Leam Sarun shared his quarters in a dormitory at a Buddhist pagoda.

"He said he was not a communist and was only a patriot who loathed corruption and oppression of the poor by the rich," Leam Sarun, now in his seventies, said in an interview last year at his home in Kampong Thom province. "But I came to know about communist doctrine because he preached about it to me."

Duch was a man with a "caring heart" who would take the lead in collecting money for poor friends to pay for medical expenses or teach others to improve their skills in tackling complex math puzzles, he said.

In 1965, Duch took up a job teaching mathematics at a junior high school in the town of Skoun, in the eastern province of Kampong Cham.

One student recalled that Duch sometimes came to class with a copy of Mao Zedong's little red book, and distributed communist leaflets after school with students who shared his views.

The student, Channary Bill, who now lives in Cupertino, California, said that though history will regard Duch as a monster, she remembers him as "very gentle and kind, with all the good you could wish for in a person."

In 1967, Duch went into hiding with the Khmer Rouge after three of his students were arrested in a government crackdown. He was caught in January 1968 and sentenced to 20 years in prison for his political activities.

Freed in 1970 when a coup toppled the government and political prisoners were granted amnesty, he headed to the jungle to rejoin the Khmer Rouge, which took advantage of the political chaos to launch a guerrilla war and then take power in 1975.

Duch was put in charge of a Khmer Rouge jail in Kompong Speu province, where, according to witnesses cited in the indictment, he would personally torture prisoners by burning them, beating them with bamboo and submerging them in water.

When the Khmer Rouge took power, Duch was assigned to its main prison in Phnom Penh, and the following year made its chief.

"Every prisoner who arrived ... was destined for execution," says Duch's indictment. But Duch's main duty "was to extract confessions from prisoners in order to uncover further networks of possible traitors."

Duch has denied personally torturing or killing prisoners, but, in the indictment's words, "has consistently recognized his responsibility for the crimes committed ... under his command."

According to documents, one mass execution followed his "kill them all" order for a group of prisoners. Of 29 other prisoners, he told his henchmen to "interrogate four persons, kill the rest."

Duch methodically recorded the treatment of each prisoner in thousands of documents that were found in the compound after the fall of the Khmer Rouge in January 1979.

Duch himself disappeared. His fate remained a mystery until 1999, when British journalist Nic Dunlop discovered him in a backwater of Cambodia's northwest, which had became a haven for Khmer Rouge veterans.

His life had taken a surprising turn: He had become an evangelical Christian and was working with international aid organizations that were unaware of his background.

"He told me, 'Lord, forgive for what I did to the people,'" said Christopher LaPel, a Christian missionary from Los Angeles who converted Duch.

LaPel, a Cambodian-American who lost his parents, a brother and sister to the Khmer Rouge, said Duch remains steadfast in his Christianity.

"He's very strong in his faith and he's ready to testify," LaPel said in February after visiting Duch behind bars to give him communion. "He's looking forward (to it). He wants to reveal what he did to his people."

Sunday, March 15, 2009

Killing Fields executioner faces justice

The former Khmer Rouge prison commander, 66-year-old Duch, whose real name is Kaing Guek Eav, at his trial before the Extraordinary Chamber in the Courts of Cambodia (ADREES LATIF/AFP/Getty Images)

Friday, 13 March 2009
By Miriama Kamo
The New Zealand Herald


He may be the most prolific torturer and executioner the modern world has known.

Kaing Guek Eav, otherwise known as Duch, sits behind a wall of bullet-proof glass, headphones on, listening to the court's proceedings. The 66-year-old has a choice of three languages to choose from: Khmer, English and French.

He's a wiry, compact man, expressionless, his silver hair combed tidily to the side.

Today he is wearing small, neat glasses and all the markers of advancing years - his impressively large teeth have degenerated into tombstones, his long face emphasised by the loose skin of his neck pouching into the collar of his light blue shirt.

It's been at least 30 years since Duch committed the last of the many acts which see him here today. He has confessed to atrocities, but insists he was acting under orders.

Upon this trial, the first of five for former Khmer Rouge leaders, lies the hopes of millions that justice might finally be found. But there remain serious doubts whether this can be achieved.

The the Extraordinary Chambers of the Courts of Cambodia lies on the outskirts of Phnom Penh, about 25 minutes by taxi.

When my partner Mike, a former refugee laywer, and I first came last July, it took 24 hours to find a driver who knew where the courts were. No one seemed to know anything about the war crimes trials of the Khmer Rouge leadership. But by February this year, as the world's media descended upon Phnom Penh, tuktuk, taxi, and bus drivers were confidently touting for business.

The long, hot drive is distinguished by kilometres of building sites, elaborate mansions soaring from rickety bamboo scaffolding, sprouting between the shacks, dust and roadside waste. Somewhere among the poverty is money; cynics say war crimes trials are big business, as diplomats flood into town.

The court is a military base specially converted to host the trials. The impressively appointed courtroom is ordered and organised. A wall of attack-proof glass separates the court officials from the 500-seat gallery. Security is paramount. Outside, some 50 metres from the courthouse, is a benign cream and yellow villa which houses the cadres who will stand trial.

These five defendants are deemed the most responsible for crimes committed under the Khmer Rouge regime, and have been charged with crimes against humanity and war crimes: Nuon Chea "Brother No. 2", Ieng Sary, "Brother No. 3" and the former Minister for Foreign Affairs, his wife Ieng Thirith the former Minister of Social Affairs, Khieu Samphan, the former President of Democratic Kampuchea, and Kaing Guek Eav.

Missing is Brother Number 1, the infamous Pol Pot, who died in 1998.

Duch is the former commandant of Tuol Sleng (S21), the once-secret, now notorious prison where up to 20,000 lost their lives. Among those killed there was New Zealander Kerry Hamill, brother of Olympic rower Rob Hamill, whose yacht was captured by the Khmer Rouge in 1978.

Now a museum, the walls are lined with photos of hundreds of victims, each one in black and white, most staring blank-eyed into the lens. Tortured and forced to confess to startling offences - being KGB, CIA, or Vietnamese spies - most victims were peasants who were "smashed".

They had their fingernails ripped out, were beaten, raped, electrocuted, suspended, near drowned, then finally murdered at the infamous Killing Fields. This is the legacy of the Khmer Rouge's attempts between 1975-79 to return their people to Year Zero, an agrarian utopia of equality, where "enemies" of the unsparing regime were "re-educated" through slavery, starvation, and torture. Up to two million lost their lives.

Some 20 years after the fall of the regime, Duch was tracked down in the jungles near the Thai border. He was working, ironically, for ARC (the American Refugee Committee).

The irony was all the more perverse for his conversion to Christianity, a faith he at least credits with accepting some responsibility for crimes committed under the Khmer Rouge. Last year Duch was taken back to the Killing Fields by court officials. He sank to his knees, apparently sobbing as he recalled the babies and children who were smashed to death against trees there, allegedly at his command. When Duch's lawyer, Francois Roux, announces his admission of responsibility in court, Duch's composure is broken. He sits upright, his eyes widen, then sinks back.

Speculation has it that he's the first defendant to stand trial because this admission increases the likelihood of a conviction, thereby taking the pressure off the trials of the more senior cadres. Thirty years have now passed since the fall of the regime and the five accused are now elderly, a couple quite ill. There is a real fear that, like Pol Pot, they'll die before justice can be meted out. The theory serves as a pointer to the controversies which have besieged this process.

The ECCC, a joint initiative by the Cambodian Government and the United Nations, has laboured under persistent allegations of corruption and political interference, which last year saw crucial funding frozen.

When we were there court officials were in a flap, crying impending bankruptcy. "If this happens," worried spokesman Sambath Reach, "The court will collapse ... justice will be denied."

Information Minister Khieu Kanarith brushed aside the concerns, declaring the international funding unnecessary - "We can hold the trials ourselves." But whether Cambodia can conduct trials that deliver justice to international standards is highly arguable and unlikely, requiring, as it does, a degree of independence, extensive funds and the ability to employ the raft of lawyers, researchers, officials, and judges needed.

What does Cambodia want?

Khieu Kanarith says the ordinary Cambodian neither knows, nor particularly cares, about the trials. Their significance lies only in "reminding people" of the horrors to avoid a repeat performance.

But for those at the court, like rare Tuol Sleng survivor Vann Nath, the memories are fresh and the trials crucial: "I have waited for this day for 30 years. I want the world to know what happened."

Perhaps some hope might be found in the remarks of Francois Roux at the end of his Duch's initial hearing. "Duch wishes to ask forgiveness from the victims and the Cambodian people. He will do so publicly ..."

From The New Zealand Herald. Miriama Kamo is a journalist with TV2's 20/20 programme

Tuesday, February 17, 2009

My Savior, Their Killer

By Emilano Ponzi

February 16, 2009

By FRANÇOIS BIZOT
Op-Ed Contributor
The New York Times


Phnom Penh, Cambodia - AFTER 10 years of detention, Kaing Guek Eav, alias Comrade Duch, is to appear today before the Extraordinary Chambers in the Courts of Cambodia, charged with war crimes and crimes against humanity. He was arrested in 1999, after 20 years of living incognito, for crimes committed on his orders as commander of the Tuol Sleng prison in Phnom Penh from 1975 to 1979, when the Khmer Rouge controlled Cambodia and were responsible for the deaths of more than a million people.

I was his prisoner for three months in 1971, in a camp known as M13 hidden in the forest of the Cardamom mountains. I had been doing field work in the Cambodian countryside, searching for ancient Khmer Buddhist manuscripts, when I was ambushed by Khmer Rouge militants fighting Cambodia’s American-backed government. I was accused of being a C.I.A. spy and sentenced to death.

Duch was in charge of the jungle camp, both my jailer and my prosecutor. I was kept in chains and interrogated daily by him. Somehow, during the strange dialogue that began between us, he became convinced that I really was just a Frenchman who wanted to study Buddhist texts. Duch undertook to secure my release. My two Khmer assistants did not have the same good fortune: despite Duch’s promise to me, they were executed soon after I left the camp, as so many thousands were in the years to come under his meticulous supervision.

I did not see Duch again until 2003, in the military prison in Phnom Penh. Conditions there were rudimentary, but the general feel was not that of a jail. I remember that he had the same look of determination that he had had 32 years earlier, though the smile that he had occasionally flashed when he ruled over my fate was gone.

In the whirl of conflicting emotions provoked by seeing him again, I asked him: “How are things here? Is it all right?” Compelled to repeat the question, I felt its incongruity: the executioner was now on the other side of the gate, as I had foreseen in my dreams, in the place once occupied by his victims.

In July 2007, he was transferred to one of the eight cells in the detention center that is part of the vast complex where the war crimes court is based and where his trial will take place. I visited him there. At the time, he enjoyed the relative comfort of his new surroundings. Four other elderly Khmer Rouge leaders were also incarcerated there. They were well cared for; food, cells, a television room, a visiting room — everything was in conformance with international rules, enough to make the guards jealous.

But Duch may today regret having left the tedium of the military prison. After years of stalling, and many months of thorough preliminary investigations, the trial that so few people wanted is about to begin. The sound of the preparations for it rings out in the detention center as if it were an execution.

The death penalty, which Duch ordered at least 12,380 times, does not exist in United Nations-backed tribunals like this one. His condemnation will not have the too-familiar instantaneousness of the Khmer Rouge hoe striking the back of the neck, but his sentence will be long and relentless.

The worst that he risks, however, is not imprisonment itself, but seeing his reasons for living disappear. His life now revolves around the visits from his children, a right that was denied to his victims, and his faith in the judicial process — a process that did not exist at Tuol Sleng.

Duch does not raise any objection to his trial. In his heart lie the same fears that haunted each of his victims — ancient fears that have never ceased to haunt mankind. Thus he has admitted his guilt, bowed over and humbled by the horror of what he has done.

Last February, Duch was led, with his consent, to the scenes of his crimes. The visit was a shock for all who witnessed it. This major judicial step took place in an atmosphere of intense, palpable emotion.

“I ask for your forgiveness — I know that you cannot forgive me, but I ask you to leave me the hope that you might,” he said before collapsing in tears on the shoulder of one of his guards.

I was not there — it was a closed hearing — but those who were reported that the cry of the former executioner betrayed such suffering that one of the few survivors of Tuol Sleng screamed out, “Here are the words that I’ve longed to hear for 30 years!”

It could be that forgiveness is possible after a simple, natural process, when the victim feels that he has been repaid. And the executioner has to pay dearly, for it is the proof of his suffering that eases ours.

Let us not fool ourselves. Beyond the crimes that Duch committed against humanity, those of the Khmer Rouge will also be judged. And beyond the crimes of the Khmer Rouge, the capacity of the tribunals to mete out justice will be tested, as well as our ability to judge man himself, and history. We shall all be at the trial — not just as judges, but also as victims, and the accused.

The genocide of the Khmer Rouge will be judged as a “crime against humanity,” a crime against ourselves. As such, Duch’s guilt exceeds his immediate victims; it becomes the guilt of humanity, in the name of all victims. Duch killed mankind. The trial of the Khmer Rouge should be an opportunity for each of us to gaze at the torturer with some distance — from beyond the intolerable cry of the suffering, which may veil the truth of the abomination. The only way to look at the torturer is to humanize him.

François Bizot is the author of “The Gate,” a memoir. This essay was translated by The Times from the French.

Monday, February 16, 2009

Special Report: Khmer Rouge's S-21 torture prison

Around 1.7 million people, or a fifth of the population, died in Cambodia during just over three years of Khmer Rouge rule (Photo: EPA)

Cambodia is to relive the horrors of the Khmer Rouge's S-21 torture prison when its jailer goes on trial.

15 Feb 2009
By Thomas Bell, South East Asia Correspondent
The Telegraph (UK)

Like many village homes in Cambodia, his simple house is on stilts and entered by a ladder - stripes of daylight show through the slatted bamboo floor. There is a television, wedding photographs and a small Buddhist shrine. Many believe that the man who lives here personally killed thousands of people with an iron bar.

Him Houy, 53, was the deputy head of security at the Khmer Rouge's S-21 torture centre where victims were forced to confess to imaginary crimes before being taken to the killing fields and murdered.

On Tuesday his former boss, the prison's commandant Kaing Guek Eav, better known as Duch, 66, will become the first Khmer Rouge leader to face trial for crimes against humanity.

"In 1977 I went to have a meeting at Duch's house and he said 'we must kill everyone'," Him Huoy claims. "He even killed his own relatives.

He never shouted, he was always very quiet, but if he gave the order to arrest someone they would be arrested. There was a motto hanging on the wall that said 'The secret enemy belongs to the CIA and KGB. We must arrest and kill them all'."

The old prison is a museum now, lined with the haunting black and white portraits of its inmates. Each one of them was grotesquely tortured with the tools still on display until they confessed to crimes they never committed. Many victims implicated everyone they ever met in fantastical conspiracies in their desperation to satisfy the inquisitors. John Dawson Dewhirst, the only British victim, eventually claimed he joined the CIA when he was 12 years old.

Finally they were driven to the killing fields outside Phnom Penh at Choeung Ek to be killed and dumped in pits. The site is a tourist attraction now, with a monument of skulls and the clothes of victims emerging from the bumpy ground. Surviving prisoner lists show that at least 12,380 people passed through S-21, although the true number may be higher. Only around a dozen are believed to have survived.

Four other Khmer Rouge leaders are in custody awaiting trial and prosecutors at the court, jointly run by the United Nations and the Cambodian government, are preparing cases against six more people. The court will only pursue senior figures – Him Huoy is not important enough to be prosecuted, although he will be a witness in Duch's trial.

It is three decades since the fall of the Khmer Rouge's lunatic regime, and the special court has been blighted by delays, financial scandal and political rancour. The hope is that at the end of it all Cambodians will have heard their painful history carefully examined and – perhaps – laid to rest. If the process is a success the wounded country might move a step closer to reconciliation and "closure".

For Van Nath, 62, one of S-21's tiny band of surviving victims, justice delayed is still important. When I met him a year ago he was bright eyed with a full head of white hair but he complained that his health was beginning to fail. As part of a unique experiment he will be a "civil party" in Duch's trial, represented by a lawyer with the right to question witnesses and influence proceedings.

"I'm not looking for torture like he did to me, or for him to be killed like he killed other people," Van Nath said. "He should apologise to his victims so they can rest in peace. Of course, if he regrets what he did that means something."

But glib notions of "closure" may be beyond reach for survivors of Cambodia's hell. Between 1975-79 an estimated 1.7million people, or 20 percent of the population, were executed or died of starvation and overwork. Half the populations is under 30 and too young to remember those days – for the older ones it is doubtful whether anything can lay the past to rest. Nevertheless, surveys show that around 80 percent of Cambodians support the court process.

Thousands of relatively low level Khmer Rouge cadres, many with the blood of hundreds or thousands of people on their hands, live in villages across the country. A few occupy high positions in government and the army.

Duch, now a born-again Christian, is in fact almost unique among Khmer Rouge figures in that he has acknowledged his crimes and asked forgiveness. Nevertheless, he is expected to argue at his trial that he was following orders from more senior leaders and he would have been killed if he had not obeyed.

"They always say they did nothing wrong, they only followed orders and it's not their fault," Van Nath said angrily. "I don't want to hear them say they followed orders and did their job."

Him Huoy makes just that argument to explain his own actions. "Duch said whoever went against his orders, he would kill him," he said.

In 2002 Van Nath and Him Huoy, the victim and the perpetrator, were reunited at the prison to make a documentary, S-21: The Khmer Rouge Killing Machine. In the film the old guards and their prisoners confronted each other, recalled and even re-enacted life at the prison.

"It was not easy for me, it was hard to handle the situation, but we had a plan to ask questions and I had to ask them," Van Nath said of coming face to face with Him Huoy. "It was hard for me because I hate this man. He killed a lot of people. It has been thirty years now and I have never heard him apologise."

When the court was set up it was decided that in the interests of national reconciliation junior figures such as Him Huoy should not be prosecuted – there are simply too many of them. But as far as Van Nath is concerned, "Absolutely this man should be prosecuted."

"I am trying to find a way to compare this man to something," he said.

"I can describe him, while he worked with Duch, this man was like a computer button. Him Huoy was the most trusted person of the regime."

Today Him Huoy is a gentle seeming, quietly spoken man. As he talked to me in his village home children played in the sunlight outside and older relatives lounged in hammocks strung beneath the house. He fled S-21 with the other prison staff on the day the regime crumbled in 1979. Four years later he was arrested by the new government and accused of being the prison director.

"At that time they asked me how many people I killed. I said 'a thousand'," he told me. "They said 'could it be more?' and I said 'you can say more', because in those days I was so depressed I couldn't do anything. I didn't want to be alive anymore. I wanted them to kill me right away."

"My brain is getting better now. The bone is getting harder. There is no depression now," he added with a weak smile, his eyes dampening.

As Him Houoy tells it, the prisoners would be blindfolded and driven by truck from the prison to the killing fields at night. He said he knew that many of them were innocent – some were his former colleagues.

Him Huoy has given differing accounts of his actions to different interviewers.

It was his job, he claimed, to record the prisoners' names as they were unloaded from the trucks. "We told them 'we will take you to a new house'. We never told them anything that would frighten them," he said. Then they were led away and killed at the edge of the pits with knives and iron bars to save bullets - it would take about four hours to kill 100 people.

Him Huoy, who insisted he killed only five people, described killing a man.

"Duch was sitting there under a tree and there was one prisoner left," he said. "Duch said to me, 'are you honest with the government? If you are honest with the government then you have to kill this prisoner' and he took an iron bar from the ground and gave it to me."

"I beat him once on the back of the neck and I threw the iron bar down and I walked away," he claimed.

Him Huoy likened himself in those days to a pig in cage. "It can't move," he said. "If they want to kill the pig they can. We wanted to escape but we couldn't."

For him dealing with the past is not about examining it in court but obout forgetting. "If you didn't ask me about it I would try to forget. I just try to earn a living and not remember these things," he said flatly.

And what about apologising? "I think the guards should apologise to the prisoners, it is polite to do so," he allowed. "But I am also a victim of the regime, Duch is the right one to punish."

Friday, February 13, 2009

DUCH: PROFILE OF A REVOLUTIONARY

Duch (left) and a colleague photographed at Tuol Sleng in this undated photo. (Photo by: DC-CAM)

Friday, 13 February 2009
NETH PHEAKTRA AND AFP
The Phnom Penh Post


A GIFTED maths teacher before he turned revolutionary, Duch, the man who oversaw the Khmer Rouge's security apparatus, ran the regime's killing machine with cold, numerical precision.

"Duch oversaw a precise department of death," journalist Elizabeth Becker says in her book When the War Was Over. "Duch even set aside specific days for killing various types of prisoners: one day the wives of ‘enemies'; another day the children; a different day, factory workers," she writes.

Duch, whose real name is Kaing Guek Eav, oversaw the torture and extermination of 16,000 men, women and children at the Khmer Rouge's Tuol Sleng prison during the regime's 1975-79 rule. He was arrested in 1999 after photojournalist Nic Dunlop uncovered him earlier that year working for a Christian relief agency in western Cambodia.

Born in 1942 in Kampong Thom province, Duch's revolutionary roots were laid early. In the mid-1960s he studied for his teaching certificate under Son Sen, a fiery activist who would later emerge as the Khmer Rouge's defence minister and Duch's immediate superior.

He was remembered not as a committed teacher but as a committed communist, and he fled to the Khmer Rouge following the March 1970 toppling of Prince Norodom Sihanouk, when Cambodia's political environment became more volatile.

Inside the "liberated" zones, Duch is said to have been appointed head of special security. He allegedly oversaw a series of prisons before consolidating his power in Tuol Sleng after in 1975.

What began as only a few dozen prisoners each day turned into a torrent of condemned coming through Tuol Sleng as the regime repeatedly purged itself of its "enemies".

Ever meticulous, Duch built up a huge archive of photos, confessions and other documents with which the final horrible months of thousands of inmates' lives can be traced.

His alleged last act before slipping away from advancing Vietnamese troops was to oversee the murder of Tuol Sleng's few remaining prisoners, whose mutilated bodies were found still chained to their beds.

Shortly after his wife was murdered in 1995, Duch began attending Christian prayer meetings and was later baptised by Christopher LaPel, a Khmer-American minister.

In a 1999 interview with Time magazine, LaPel remembered Duch as an enthusiastic convert, but said there were signs of his dark past.

"Before he received Christ, he said he did a lot of bad things in his life. He said: ‘Pastor Christopher, I don't know if my brothers and sisters can forgive the sins I've committed against the people'," LaPel was quoted as saying at the time.

Hong Kimhong, Duch's younger sister, living in Battambang's Somlaut district, told the Post on the eve of his hearing that she had mixed feelings about the trial. "As Duch's sister, I was not happy when [he] was accused of crimes against humanity and war crimes. As I know him, my brother Duch is a good person," she said.

"But I will let the court decide."