Editorial | Articles about Cambodia | Khmer

Saturday, September 18, 2010

Tribunal Indicts Four in Cambodian Genocide

By By Douglas Gillison / Phnom Penh (TIME)

Former Khmer Rouge deputy prime minister and minister of foreign affairs Ieng Sary stands in the courtroom during a public hearing at the Extraodinary Chambers in the Court of Cambodia on April 30, 2010.

Thirty-one years after the darkest era in Cambodian history, the surviving leaders of the communist Khmer Rouge movement were indicted on Thursday for the deaths of nearly two million people. In an order signed at midnight, judges at a tribunal specially convened to investigate and try the crimes of the Democratic Kampuchea government, which ruled Cambodia from 1975 to 1979, ordered that four aging suspects stand trial for what the court deemed was "an attack on the entire population of Cambodia.

The indictments bring charges of war crimes, crimes against humanity, genocide and, under Cambodian law, murder, torture and religious persecution. Investigators estimate that as many as 800,000 deaths across Cambodia were violent — just under a third of the regime's alleged victims but roughly as many people as were killed during the entire Rwandan genocide in 1994. The majority of those killed by the regime succumbed to starvation, disease and overwork as the government set out to transform Cambodian society and destroy its supposed oppressor classes.
See TIME's photoessay "The Rise and Fall of the Khmer Rouge."

"Some commentators have said, and I believe they were correct, that this matter is the most complex since the Nuremberg tribunal," Judge Marcel Lemonde of France, who also announced his resignation after a tumultuous four years, told reporters gathered at the U.N.-backed court on Thursday. A trial is expected in the first half of next year.

The four accused are former revolutionaries who seized power in 1975 at the end of a civil war with a U.S. client regime. Foremost among them is Nuon Chea, 84, known as Brother Number Two, the communist party's deputy secretary and a member of the inner circle who created the Khmer Rouge's policies of execution. He is joined by the former Foreign Minister Ieng Sary, 84, a public champion of the Khmer Rouge campaign to root out supposed political enemies, and his wife, Ieng Thirith, 78, a former Minister of Social Action. The regime's head of state, Khieu Samphan, 79, who chaired the party's central committee as it planned the deadliest of its purges of government officials, is also to stand trial.

The court's two co-investigating judges dropped the charges against Kaing Guek Eav, better known as Duch, who was sentenced to 35 years in July for the murders of an estimated 14,000 people in his role as commander of the Khmer Rouge secret police. Judges said that in the investigation concluded Thursday they had uncovered no new evidence concerning Duch.

The investigation came to an end in raucous fashion. In addressing the media, Judge Lemonde and his Cambodian counterpart Judge You Bunleng congratulated each other for what they considered personal and professional triumphs. But in the course of three years of inquiry, the two publicly disagreed more than once over politically charged matters, provoking outrage among international judges and the defense, which repeatedly sought the investigating judges' disqualification and removal. In a minority opinion last week, two pretrial judges wrote that the investigating judges had "repeatedly refused to take action on defense claims of government interference in the investigation and that fair trials may now be less likely as a result.


Defense lawyers yesterday said they expected to appeal and reiterated their lack of confidence in the investigation, which Michael Karnavas, an American lawyer who is defending Ieng Sary, the former minister of foreign affairs, has called "a disappointment from the very beginning.

Michiel Pestman, a Dutch lawyer defending Nuon Chea, said the Khmer Rouge had largely been convicted already in the court of public opinion. "I am certainly not defending monsters; I am defending people," he said by telephone after the indictments were announced. "We are used to fighting public perception. That is why it's so important that we have an impartial and fair trial."

In appealing for funding, administrators at the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is officially known, which is facing weak financial support and a $10 million budget shortfall this year, have described the trials likely to begin next year as the most complex ever prosecuted. Hopes of bringing significant numbers of those responsible to justice were always slim: of seven members of the communist party's standing committee in 1975, five were killed by the regime itself during broad purges of suspected enemies in 1978.

In the intervening years, the architects and soldiers of the regime have escaped justice in succession by dying: Pol Pot, the secretive Khmer Rouge prime minister known as Brother Number One, died in 1998 in a remote Khmer Rouge redoubt near the Thai border. A year earlier, he had ordered the assassination of his former Defense Minister, Son Sen, along with his family. Pol Pot's wife, Khieu Ponnary, died in 2003. Ke Pauk, secretary of the Central Zone died in 2002. The feared Southwest Zone secretary Ta Mok died of complications from tuberculosis while in a military prison in 2006 and the former commerce minister Van Rith, suspected of sending staff members to their deaths at the hands of the secret police, died quietly in the countryside outside Phnom Penh in 2008.

Van Rith had been the subject of preliminary inquiries by U.N. prosecutors as part of a separate case that is opposed by the Cambodian government, which maintains that no more than five suspects will be tried. With Thursday's indictments, the court has reached that maximum. Van Rith died as Cambodian prosecutors objected to U.N. prosecutors' plans to open a new case in which he would have been included.
(Comment on this story.)

For Youk Chhang, director of the Documentation Center of Cambodia, a local organization that supplied much of the court's documentary record, the case for which investigation concluded this week is the most important the court will ever conduct, regardless pf what becomes of the additional cases opened by U.N. prosecutors. "The question is, �Why did Cambodians kill Cambodians?' That is the most important question that has been put forward and only Case 002 can do that," Youk says, using the case number for Thursday's indictment. It "would lead us to what is next," he says. "It will trickle down how far you can go."
See TIME's photessay "The Legacy of Pol Pot."

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Tuesday, March 31, 2009

Khmer Rouge trial: the British victim John Dewhirst

Khmer Rouge trial: the British victim John Dewhirst


(Getty Images)
Kaing Guek Eav, better known as Duch, the former Khmer Rouge prison chief of S-21, or Tuol Sleng prison, is pictured in the courtroom at the Extraodinary Chambers in the Courts of Cambodia in Phnom Penh on March 30, 2009. Cambodia's UN-backed war crimes tribunal on March 30 resumed the trial of the Khmer Rouge's prison chief, the first person to face justice at the court for the regime's atrocities, the chief judge said.



By Anne Barrowclough (Times Online)

As hundreds of Cambodians crowded into a courtroom today to see the chief torturer of the Khmer Rouge finally brought to trial, a lawyer in Britain quietly got on with her work. Only those closest to her know how, 30 years ago, Kang Kek Ieu, alias Comrade Duch, destroyed Hilary Holland’s family.





In 1978 Ms Holland’s brother, John Dewhirst, aged 26, was captured by the Khmer Rouge and sent to be tortured and killed at Tuol Sleng, the regime’s infamous prison. He was the only Briton among 17,000 Cambodians to die at the prison. Three decades on, as Cambodia watches the first trials of the Khmer Rouge’s leaders, his fate continues to devastate his sister.

"The horrific circumstances and the manner of how John was killed still makes it so difficult to cope with," Ms Holland told The Times from her home in Cumbria.

The young Newcastle teacher had been sailing through the Gulf of Thailand with two friends in July 1978 when their boat was intercepted by a Khmer Rouge patrol boat.

The boat’s skipper, Stuart Glass, a Canadian, was killed instantly. John and the other crew member, Kerry Hamil, a New Zealander, were sent to Tuol Sleng, a former school turned into a torture centre presided over by Duch.

They were tortured until they “confessed” to being CIA agents and taken to Cheong Ek, a pretty orchard on the outskirts of Phnom Penh. There they were bludgeoned to death with an iron bar.

Back in Britain Ms Holland was increasingly concerned at her younger brother's unusual silence, but it was not until she switched on the news one evening that she learnt he had become a victim of a regime she had hardly heard of. Shortly afterwards the Foreign Office called to tell her that John had been captured and imprisoned. He was almost certainly dead, they said.

The pain of that moment has never left her. "It was indescribable," she said. "I don't think I have got the words to explain how I felt. I used to think that if you could die from emotions like this I would have died.

"I have experienced death – I have experienced the death of my husband when I had two young children. But this is completely different."

Yesterday, in a wood-panelled courtroom on the outskirts of Phnom Penh, Cambodia's capital city, Duch identified himself quietly before charges of crimes against humanity, war crimes, premeditated murder and torture were read to a UN-backed war crimes tribunal.

He is the first of five former leaders of the Khmer Rouge to be brought to trial, 30 years after the fall of Pol Pot and his regime.

Nearly two million Cambodians died between 1975 and 1979 as Pol Pot pursued his ideal of an agrarian communist utopia. Tuol Sleng was the most notorious Khmer Rouge prison: of the 17,000 people sent there, only 15 are known to have survived.

Behind a bulletproof screen at the Extraordinary Chambers of the Courts of Cambodia, the 66-year-old former maths teacher who presided over their suffering listened impassively as the court was told that the sole purpose of Tuol Sleng – known by the Khmer Rouge as S-21 – was to kill its inmates.

According to the thick file of charges read to the court: "Every prisoner who arrived at S-21 was destined for execution. The policy at S-21 was that no prisoner could be released... prisoners brought to S-21 by mistake were executed in order to ensure secrecy and security."

During his trial Duch’s brutality will be described in detail. On his orders, victims were plunged head first into tanks of water, often drowning; they were given electric shocks to their genitals and their ear drums. The strongest were hooked up to intravenous pumps and literally bled dry.

It was cruel fate that delivered John Dewhirst into Duch’s hands. The carefree, adventurous young man had taken a break from his teaching job in Japan to go sailing with his two friends on their motorised junk Foxy Lady. Their boat drifted into Cambodian waters but, to the Khmer Rouge, their presence had no innocent explanation.

Yet even after she had heard of his incarceration in S-21 his sister hoped his friendly nature would help him to survive. "I thought if anyone could develop a personal relationship with his jailers, it would be him," she said. "I thought he would charm his way out of there."

She had no way of knowing that nothing could have saved him – although the meticulous Duch, who catalogued the details of all his prisoners, described him as a "polite" young man.

Before he died John was forced to write a detailed confession explaining how he was recruited and trained to be a CIA spy.

The confession, in Cambodian and English, entitled “Details of my course at the Annexe CIA college in Loughborough, England”, claims that John was recruited into the CIA by his father and from 1972 to 1976 was taught CIA techniques, including photographic skills and weapons-handling, by retired agents at his teacher-training college in Loughborough.

The confession, a mixture of the dull and the ludicrous, claims that Loughborough was one of six CIA colleges in Britain. Others, John wrote, were in Cardiff, Aberdeen, Portsmouth, Bristol and Doncaster. His college, he said, was run by “retired Colonel Peter Johnson” while the bursar was a CIA major.

Among many bizarre admissions was a claim that his father was a CIA agent whose cover was “headmaster of Benton Road Secondary School”.

The confession is signed and dated 5/7/1978. John's thumbprint sits along his signature. Like those made by thousands of innocent inmates at S-21, the confession was probably dictated by his interrogators on Duch’s orders.

Hilary Holland wants answers. She wants the Khmer Rouge leaders to admit their guilt and to explain why they destroyed so many lives. "There must be a public accountability," she said. "I would like it to be seen that they understand what they did. We still seem to know so little."

It is too painful for Ms Holland to attend Duch's trial, but she is relieved that after all this time the leaders will finally be brought to justice.

"No one is going to undo the horrors, but bringing these people to account is important. I don't care what happens to them but I would like them to tell the truth, to explain their motivation."

Duch, who was arrested in 1999 after being tracked down by a journalist, is alone among the defendants in expressing remorse and has agreed to co-operate with the tribunal.

At a procedural hearing last month, he made it clear through his lawyer that he would use his trial to apologise to his victims, although he did not expect “immediate” forgiveness.

His French lawyer, Francois Roux, said: "After ten years of prison at last the day is coming where he can in public respond to the questions."

But Duch cannot expect no forgiveness from Ms Holland. "People like Duch, who ordered the atrocities, were the worst," she said.

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