Editorial | Articles about Cambodia | Khmer

Saturday, March 20, 2010

Khmer Rouge Tribunal vs. Karmic Justice

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By SOPHAL EAR
Published: March 17, 2010
When my mother — who saved me and four siblings from starvation under the Khmer Rouge in 1976 — passed away in October 2009 at the age of 73, I realized that for her justice delayed had become justice denied. (I’m embarrassed to admit it, but the words “justice delayed is justice denied” had never really sunk in until my mother’s passing.)

As an observant Buddhist, however, my mother probably had the last word. She always said that no matter what happened to the Khmer Rouge leadership in their current lifetime, Karmic justice would prevail in the next: They would be reborn as cockroaches.

I am certain that this belief has helped millions of survivors cope with the reality that, after more than three decades since the fall of the Khmer Rouge, not a single leader has been held to account.

Indeed, Cambodians will largely be yawning when the Khmer Rouge tribunal, known formally as the Extraordinary Chambers in the Courts of Cambodia and jointly organized with the United Nations, issues its first verdict, on the guilt or innocence of Kaing Guek Eav, widely known as Comrade Duch.

The man who headed S-21, a torture center to which an estimated 16,000 people were sent and where less than a dozen survived, confessed his crimes seven years before the tribunal started, saying: “My confession is rather like Saint Paul’s. I’m the chief of sinners.”

Even during the tribunal itself, Duch declared: “To the survivors, I stand by my acknowledgment of all crimes inflicted on you at S-21. I acknowledge them in both the moral and legal context.”

After nine months of testimony and millions of dollars spent, what verdict but guilty can there be when the defendant has made such statements under oath? What purpose has going through the motions served?

Whether the issue is degree of guilt (no one claims Duch was in charge of policy and he has testified that “even though I knew these orders were criminal ... it was a life and death problem for me and my family”) or plain punishment (the maximum sentence is life in prison), each day that has passed is itself an injustice.

If, after four years and $13 million in contributions to the Cambodian government from Japan, the Europe Commission and others, and $76 million in contributions to the United Nations by more than 21 donors, one guilty verdict is all the tribunal has to show, survivors of the Khmer Rouge may just as well consider justice denied.

Plagued by corruption, the tribunal was essentially hijacked to advance domestic and international agendas. For domestic politicians, the goal was to control the process by placing it in a heavily secured military base some 20 kilometers from Phnom Penh and to reduce its scope by limiting the number of individuals it could indict (five) while currying international favor for addressing, superficially at least, crimes against humanity.

The Cambodian government has even sought to limit the witnesses the tribunal could call to testify under the oft-repeated claim of the threat of another civil war. “If the court wants to charge more former senior Khmer Rouge cadres, [it] must show the reasons to Prime Minister Hun Sen,” the prime minister said, referring to himself in the third person. In any case, the tribunal has no independent means of enforcing its subpoenas without government cooperation.

For many of the foreigners involved, Cambodia served as yet another venue for pushing hybrid models of transitional justice while creating jobs for international civil servants and a stage for foreign lawyers whose careers depend on adding another tribunal to their curriculum vitae. If nothing else, they can pat themselves on the back for showing the Cambodians how justice is done.

But what has happened is the reverse. The tribunal was plagued by corruption, lack of judicial independence and shattered integrity. The appointment of a devout Marxist-Leninist as head of the Victims Unit in May 2009, fully endorsed by the U.N. head of the tribunal, sealed the tribunal’s fate as an international and domestic farce.

Thus, the euphemistically “streamlined” participation of about 4,000 “Civil Parties” (tribunal-recognized victims, including me) who shall be represented in court by only two “civil party lead co-lawyers” (with as yet undefined internal procedures of accountability and selection) imposed by the tribunal on Feb. 9, 2010, came as no surprise.

When I filed my civil complaint in 2008, I was required to outline what compensation I wanted. When I said I didn’t want any compensation and that this isn’t about money, it’s about justice for the past and accountability for the future, you could have heard a pin drop. I should have said that I would like my father and brother back; no amount of compensation can do that.

Justice in that sense is meaningless, but my hope was that in the not-too-distant future the next Pol Pot might have to think twice about genocide.

A truth commission would have been a marked contrast to the combative style of the current tribunal, which has seen denials by anyone potentially indictable and even those ready to confess. Indeed, as South Africa’s experience has shown, truth commissions can work under the right circumstances.

But I doubt the circumstances were ever right in Cambodia. The Khmer Rouge had a sense of irony when they created a Ministry of Truth. Ever since then, the first casualty of Cambodian politics has been truth.

Lost in all this are those very Cambodians for whom the tribunal was supposed to enact international standards of justice and be a cathartic experience. Instead, the tribunal has been corrosive. Jaded from a failed 1993 U.N. exercise in democracy that led inexorably toward authoritarianism, Cambodians have learned their lesson: Don’t believe in international promises; they are not kept.

Sophal Ear is an assistant professor of national security affairs at the U.S. Naval Postgraduate School in Monterey, California. He is writing a book on the unintended consequences of foreign aid in Cambodia.

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Wednesday, December 23, 2009

Tribunal charges Khmer Rouge "First Lady" with genocide

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PHNOM PENH (Reuters) - A U.N.-backed Cambodian war crimes court on Monday charged a fourth top Khmer Rouge cadre with genocide, broadening the scope of a long-awaited trial of the ultra-communist "Killing Fields" regime's top ranks.

Ieng Thirith, 78, had already been accused of "murder, imprisonment and other inhumane acts" for her role as social affairs minister in a regime blamed for the deaths of 1.7 million people.

The new charges relate to the slaughter of Cambodia's ethnic Vietnamese and Cham Muslim minorities during the 1975-1979 Khmer Rouge era. The tribunal on Monday also charged her with torture and religious persecution.

Ieng Thirith, a former Shakespeare scholar known as the "Khmer Rouge First Lady", was arrested in November 2007 with her 85-year-old husband and ex-foreign minister Ieng Sary.

The French-educated Communist revolutionaries had lived under a government amnesty granted to Ieng Sary in 1996.

They were the closest associates of Pol Pot, the Khmer Rouge leader who died in 1998. Ieng Thirith's sister, Khieu Ponnary, was married to Pol Pot.

The Khmer Rouge-era president, Khieu Samphan, was dealt an additional charge of genocide on Friday. Similar charges of genocide were also issued for "Brother Number Two" Nuon Chea and Ieng Sary last week.

They have also been charged with war crimes and crimes against humanity, along with two other former leaders.

Experts on the Khmer Rouge have been critical of the additional charges, which they said would bog down a trial already criticized for taking too long.

Many of the defendants were in poor health and could die before they see a courtroom, while some cases were already so complex and politicized that they may not even go to trial, the experts said.

The first trial of a senior Khmer Rouge cadre, Kaing Guek Eav, better known as Duch, came to an end three weeks ago. He was accused of overseeing the torture and murder of more than 14,000 people as head of the notorious Tuol Sleng prison.

A verdict in that case is expected by March.

(Writing by Jason Szep; Editing by Martin Petty)

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Saturday, December 19, 2009

Khmer Rouge head of state Khieu Samphan charged with genocide

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Khieu Samphan in court during a public hearing in 2008Khieu Samphan applauds his soldiers in 1976
An international tribunal in Cambodia charged the country’s former head of state with genocide today, in a move that could further delay the drawn out trials of former leaders of the murderous Khmer Rouge regime.

Khieu Samphan became the third Cambodian to be charged with genocide this week after Ieng Sary, the former Foreign Minister, and Nuon Chea, the second in the Khmer Rouge hierarchy after the late Pol Pot.

All have already been charged with war crimes and crimes against humanity, as well as murder and torture for the crimes committed by the Khmer Rouge during the four years that they ruled Cambodia after 1975.

The paperwork required by the new charges is likely to further delay the conclusion of proceedings against a group of already old and ill men.

About 1.7 million Cambodians are believed to have died during the time of the so-called killing fields, when the urban population was forced into the countryside en masse to live as peasants.

Yesterday’s charges relate to the regime’s purge of two minorities living within Cambodia: Vietnamese and the Muslim Cham, who were among the few people to mount a determined resistance to the Khmer Rouge. Between 100,000 and 400,000 of the Cham are believed to have died.

Like most of his senior Khmer Rouge colleagues, Khieu Samphan was born into what, by Cambodian standards, was a privileged family. He studied in Paris, producing a thesis on Cambodian economic development.

On returning home, he worked as an academic and journalist and became involved in left-wing politics. The year after the Khmer Rouge’s victory in the civil war he became president of the organisation’s central presidium. However, the greatest power in the country lay with Pol Pot, who died in 1998.

Khieu Samphan’s lawyers argue that his position was no more than ceremonial and that he bears no responsibility for the atrocities that took place under his Government. He was arrested in 1998 and reportedly suffered a stroke two years ago.

Source: Times Online - Richard Lloyd Parry

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Tribunal charges 2 Khmer Rouge with genocide: Nuon Chea & Ieng Sary

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PHNOM PENH, Cambodia — The U.N.-assisted tribunal trying former leaders of Cambodia's Khmer Rouge has charged two defendants with genocide for the first time

Tribunal spokesman Lars Olsen said Wednesday the co-investigating judges issued the charges this week against the group's top ideologist, Nuon Chea, and former foreign minister, Ieng Sary.

The tribunal is seeking justice for an estimated 1.7 million people who died from execution, overwork, disease and malnutrition as a result of the ultra-communist group's policies during its 1975-79 rule.

Nuon Chea and Ieng Sary have already been charged with war crimes and crimes against humanity, as well as homicide and torture. They are being held in the tribunal's jail and are expected to be tried next year.

Olsen said they were charged with involvement in the deaths of members of the country's ethnic Cham and Vietnamese communities.

Some Chams, who are mostly Muslims, were among the few Cambodians to actively resist Khmer Rouge rule. The Khmer Rouge brutally suppressed the rebellions, which occurred in several villages.

Prejudice against Vietnamese runs high among many Cambodians, who see their eastern neighbor as predatory. The Khmer Rouge shared the communist ideology with Vietnam but had very strained relations with it, and mistrusted even veteran members of their own group with ties to Hanoi. They launched bloody attacks against Vietnamese border villages, which in late 1978 resulted in an invasion by Vietnam that ousted them from power.

The tribunal tried its first defendant, prison chief Kaing Guek Eav, this year on charges of crimes against humanity, war crimes, murder and torture.

Kaing Guek Eav, also known as Duch, commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and taken away to be killed. A verdict is expected next year, and he faces a maximum penalty of life imprisonment if found guilty. Cambodia has no death penalty.

Olsen said it would be determined later whether the two other Khmer Rouge leaders in custody — former head of state Khieu Samphan, and former Social Affairs Minister Ieng Thirith, the wife of Ieng Sary — would also be charged with genocide.

Source: The Associated Press

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Thursday, November 26, 2009

Khmer Rouge Prison Chief Kaing Guek Eav could get 40 years

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Khmer Rouge jailer says sorry
(02:36) Report - Nov 25 - The Khmer Rouge's chief torturer and jailer in Cambodia in the 1970s expresses "excruciating remorse" in the final stages of his trial before the U.N.-backed "Killing Fields" tribunal. Kirsty Basset reports.


Khmer Rouge prison chief could get 40 years
By SOPHENG CHEANG and LUKE HUNT,Associated Press Writers

PHNOM PENH, Cambodia – The prison chief being tried for running a torture center for the Khmer Rouge was only following orders and did nothing that scores of colleagues didn't also do, his lawyer said Wednesday, seeking to rebut popular calls for his client to receive the maximum possible punishment.

Prosecutors in Cambodia's first genocide trial are asking for a 40-year sentence, which would likely lock up 67-year-old Kaing Guek Eav for life, but which some of his victims say that would still not be harsh enough.

Judges will decide the verdict and sentence by early next year and can impose up to life imprisonment. Cambodia has no death penalty.

"I cannot accept this sentence request because it is too little," said Chum Mey, 78, one of a handful of survivors from the S-21 prison run three decades ago by Kaing Guek Eav, also known as Duch. "He should get 70 or 80 years. ... He should be punished by hanging, but Cambodian law doesn't allow it."

Closing arguments will conclude Friday in the case of Duch, who is charged with crimes against humanity, war crimes, murder and torture. About 16,000 men, women and children suspected of disloyalty were tortured at the prison in Phnom Penh before being taken away for execution.

In total, some 1.7 million Cambodians died due to the radical communist policies of the 1975-79 Khmer Rouge regime and their French-educated leader, the late Pol Pot. Four other senior leaders are in custody, and expected to face trial in the next year.

Duch (pronounced DOIK) has denied personally killing or torturing the S-21 prisoners, and testified that he acted with reluctance on orders from his superiors, fearing for the safety of his family and himself.

Addressing the court Wednesday, he once again apologized to the dead, their families, survivors of the regime and to all Cambodians _ something he has done repeatedly since the trial began in March.

He said he was "deeply remorseful and profoundly affected by the destruction on such a mind-boggling scale."

But he also emphasized that he was not alone in carrying out torture and killings, which also took place at 196 prisons across the country, and insisted there was little he could do to prevent the horror at S-21.

"I could do nothing to help," he said. "Pol Pot regarded these people as thorns in his eyes."

One of his lawyers, Kar Savuth, said his client was not a senior Khmer Rouge leader responsible for the group's policies and therefore should not be prosecuted.

Australian co-prosecutor William Smith earlier acknowledged Duch's admissions of guilt and the fact that he has given evidence against other Khmer Rouge leaders, but said he still must be held accountable.

"The crimes committed by the accused at S-21 are rarely matched in modern history in terms of their combined barbarity, scope, duration, premeditation and their callousness," he said. "Not just the victims and their families but the whole of humanity demand a just and proportionate response to these crimes and this court must speak on behalf of that humanity."

Theary Seng, a Cambodian-American lawyer and rights activist who as a 7-year-old was held in a Khmer Rouge prison with her 4-year-old brother, called the proposed sentence "unacceptable" and said it would create "an uproar among Cambodians."

"There are many counts, many crimes he should be found guilty of and each one carries a life sentence," she said. "So even with mitigating circumstances taken into account, he should at least get one life sentence, even two or three life sentences."

Others went further. "He must be punished heavily because he killed people. He should get the death sentence," said Roeung Sok, a spectator at the trial Wednesday.

But Huot Chheang Kaing, 67, who had been Duch's classmate in the early 1960s, said he thought that the defendant should not receive the maximum punishment because he was only following orders under duress. "I wish the court to sentence Duch to only 20 or 25 years in prison," he said




Khmer Rouge Prison Chief Could Get 40 Years
by Michael Sullivan (NPR)

Prosecutors in the genocide trial of a former Khmer Rouge prison chief demanded a 40-year jail sentence Wednesday for Kaing Guek Eav. They say he is responsible for snuffing out innocent lives and spreading terror across Cambodia. Victims of the Khmer Rouge regime called the requested sentence unacceptable.

STEVE INSKEEP, host:

Thirty years after the end of genocide in Cambodia, a trial is nearing its end. A former prison commander is the first former high ranking official to go on trial. He ran a prison called Tuol Sleng or S-21. He was an official in the Khmer Rouge, the group that ruled Cambodia during four years of torture and executions. As many as 1.7 million Cambodians died.

The prosecution is asking that Comrade Duch be given 40 years in prison. NPR's Michael Sullivan is at the trial in Phnom Penh, and we warn listeners that they may find some parts of this report disturbing.

MICHAEL SULLIVAN: Kaing Guek Eav's trial has been going on for nine months now. And during that time, the court has heard grizzly detail from survivors and from the Khmer Rouge's own meticulous record keeping, about the horrors inflicted on prisoners at Tuol Sleng. A list repeated by co-prosecutor William Smith today, as the prosecution wrapped up its case.

Savage beatings, fingernails and toenails pulled out with pliers, electrocution, all were part of the Tuol Sleng experience, Smith said, which ended for almost all of the prisoners at the killing field of Choeung Ek.

Mr. WILLIAM SMITH (Prosecutor): Blindfolded and handcuffed, the prisoners were forced to kneel down in the dark next to their own burial pits. There they waited until the blow of a shovel or car axle broke the back of their heads. And if that did not kill them their throats were slit before they were kicked into their grave.

SULLIVAN: The man accused of overseeing those executions isn't denying his guilt. Kaing Guek Eav, today, looked calm, relaxed even, in his blue button-down oxford and khakis, as the prosecutor spoke. The 67-year-old's defense, one he's repeated throughout the trial, that he was simply a cog in the machine, doing the bidding of his superiors lest he be killed, too. Duch, speaking through a translator, nonetheless apologized again today.

Mr. KAING GUEK EAV (Commander, Tuol Sleng prison): (Through translator) I still claim that I am solely and individually liable for the loss of at least 12,380 lives. I still and forever wish to most respectfully and humbly apologize to the dead souls.

SULLIVAN: Then Duch spoke to the handful of prisoners who managed to make it out of Tuol Sleng alive.

Mr. EAV: (Through translator) To the survivors, I stand by my acknowledgment of all crimes which were inflicted on you at S-21. I acknowledge them both in the legal and moral context.

SULLIVAN: Outside the courtroom, one of the survivors was having none of it. Chum Mey, who lost his wife and two children to the Khmer Rouge, a man imprisoned at Tuol Sleng for allegedly being a CIA spy, says his former jailer's remorse and pleas for forgiveness are both insincere and insufficient. The prosecution's recommendation of 40 years in prison for Duch, he says, not nearly enough.

Mr. CHUM MEY: (Foreign language spoken)

SULLIVAN: It's not justice, he says. Duch should get at least 70 to 80 years or life - or better yet, hang him, he says. Chum Mey says he's now going to have to light incense and pray that the souls of the dead may yet find justice when the court issues its verdict in the case some time next year.

Forty years on, many here are still looking for justice, or at least an explanation, why nearly two million people died during the four year long rule of the Khmer Rouge. But it's also true there are many here who simply aren't interested. I met both today, at a roadside video shop not a mile from the trial venue.

One young man, an accountant, said the tribunal was a good idea and would help the country heal from the wounds of that time. But his 20-year-old friend, a cell phone repair man, just laughed when I asked him about the tribunal. I don't know anything about it, he said. I can't even tell you who's on trial. That was a long time ago, he said, and right now, I'm too busy to care about that sort of thing.

Michael Sullivan, NPR News, Phnom Penh.
INSKEEP: This is NPR News

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Thursday, September 17, 2009

Testimony finishes at Cambodian Khmer Rouge trial

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Testimony finishes at Cambodian Khmer Rouge trial



PHNOM PENH, Cambodia — Testimony concluded Thursday in the first U.N.-backed trial of a high-ranking member of Cambodia's former Khmer Rouge regime.

The tribunal is trying Kaing Guek Eav, also known as Duch, who commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and then taken away to be killed. He is charged with crimes against humanity, war crimes, murder and torture.

Four other senior Khmer Rouge leaders are in custody awaiting trial.

The tribunal is seeking justice for an estimated 1.7 million people who died from execution, overwork, disease and malnutrition as a result of the ultra-communist group's policies while in power in 1975-79.



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Tuesday, March 31, 2009

As trials begin, questions shadow Khmer Rouge war crimes tribunal.

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As trials begin, questions shadow Khmer Rouge war crimes tribunal.

By Brendan Brady - Special to GlobalPost


Reuters Pictures - A painting is seen at a "Killing Fields" memorial in Batey district in Kampong Cham province, 125 km (78 miles) east of Phnom Penh, March 28, 2009. Former Khmer Rouge torturer Kaing Guek Eav, also known as Duch, will face his second trial for crimes against humanity on Monday. At least 40 witnesses are expected to testify against the former chief of Phnom Penh's S-21 prison, where an estimated 14,000 people were tortured and killed


PHNOM PENH, Cambodia — Thirty years after the fall of the ultra-Maoist regime known as the Khmer Rouge that ruled Cambodia in the late 1970s, trials are set to begin to hold a handful of its leaders accountable. Under their fanatical regime, an estimated 1.7 million Cambodians died from overwork, starvation and murder.

After years of delays, testimonies begin Monday in the trial of Kaing Khev Iev, the chief of the Khmer Rouge’s notorious torture center, codenamed S-21.

Iev, better know by his nom de guerre, Duch, is one of five detained senior Khmer Rouge leaders believed to be the architects of the regime's reign of terror who are still living. They face a UN-backed war crimes tribunal and could receive a maximum of life imprisonment.

Court officials went to great lengths to frame last month’s procedural hearings for Duch as an historic moment of progress for the court and for the impoverished country’s healing.

But even as some degree of official accountability is materializing, a storm of criticism and controversy surrounds the war crimes court — a hybrid structure with both international and national judges, lawyers and administrators presiding.

The Cambodian side is struggling to keep financially afloat following a funding halt after allegations arose last July that national staff, in order to secure their jobs, were forced to pay sizable portions of their salaries to their bosses.

Donor countries have provided the bulk of funds to run the tribunal, and the bitter pill of backing a court associated with corruption has become more difficult to swallow as the court’s budget, originally set at $53 million for three years, has ballooned to $170 million for five years just one-and-a-half years into the process.

Cambodian court officials have denied the allegations. A review last September by a UN oversight body has yet to be made public.

However, a report from a German parliamentary delegation, written last November after its members met with the tribunal's deputy director of administration, Knut Rosandhaug, presents a bleak picture: Referring to “grave corruption” problems, Rosandhaug said that if “the national government continues to object to following up on the corruption allegations … the United Nations should withdraw from the tribunal” or else it will risk tainting its image.
But UN officials have yet to voice such stern words.

“The only real pressure can come from the donor countries and the UN — with one voice — but they have never done that,” said Brad Adams, head of the London-based Human Rights Watch in Asia, and an early member of the negotiations with the government to establish a war crimes court.

By failing to throw down the gauntlet, the UN has undermined the court’s entire mandate, he said.

“We thought we should have an international standard court,” Adams said. Instead, he continued, in this case "the government considers the UN an intruder.”

Indeed, Canadian co-prosecutor Robert Petit is being made to feel he overstepped his mandate.

Petit’s move to add more suspects to the docket — a handful of figures he describes as having been key to implementing the policies set by the regime’s top leaders — was blocked by his Cambodian colleague, Chea Leang, a niece of the current deputy prime minister.

She argued that additional prosecutions could prove destabilizing, overstretch the tribunal’s limited resources, and would run against the spirit of the 2003 U.N. treaty establishing the court, which called only for “senior leaders” of the regime and “those who were most responsible” to be tried.

Many senior government posts are currently held by former Khmer Rouge cadre, and experts say the government fears a wider roundup could expose them to scrutiny. For his part, Prime Minister Hun Sen made his position clear in 1998 when he recommended Cambodians “should dig a hole and bury the past.”

But Petit says casting a wider net would play a key role in validating the court’s work. “It would allow the court to achieve as much justice as possible even within its limited confines.”

For Adams, the move is more essential: “Unless there are more cases, it will not have done the minimum necessary for all of this to have even been worthwhile.”

The country is divided over whether additional high level cadre should be tried — with 57 percent in favor and 41 percent opposed, according to a recent poll. It is safe to say, however, that the decision will come down to politics between Cambodian and international officials, and have little to do with local public input.

As the court makes slow progress, old wounds fester.

“Thirty years later, the memories are still excruciating,” said Van Nath, who witnessed prisoners being waterboarded, doused with battery acid or simply bludgeoned to force them to admit to trumped-up crimes against the regime.

Nath, 63, is one of S-21’s few surviving victims. While he was electrocuted and faced constant threat of execution, he survived only by dint of his artistic skills, which he was forced to use to paint propaganda portraits of Pol Pot.

Unlike the other figures in detention, Nath’s former keeper, Duch, now a born-again Christian, has acknowledged his crimes and asked for forgiveness. He is, however, expected to argue in court that he was following orders from his superiors and would have been killed had he not obeyed.

Even if the rail-thin, seemingly benign former schoolteacher cuts a sympathetic figure on the stand, to Nath he remains “a man who gave orders with authority” while presiding over a prison where more than 12,000 men, women and children were brutally tortured before being executed in the “killing fields” outside the city.

Making more Cambodians with blood on their hands face trial would help the country’s healing, he said.

But, he added, “with the limited movement we have so far, that doesn’t seem possible … and I’m still waiting every day for judgment on these five.”

Brendan Brady is a reporter and editor at The Phnom Penh Post.

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Khmer Rouge trial: the British victim John Dewhirst

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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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Saturday, March 14, 2009

The long search for justice

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The long search for justice

Written by Andy Brouwer
The Phnom Penh Post
IN THEIR OWN WORDS

Beth Pielert's Out of the Poison Tree chronicles one woman's journey of self-discovery in pursuit of a beloved father and the reasons behind the tragedy that was Democratic Kampuchea.

In 1977, director and producer Beth Pielert was sitting in a Hebrew school class reading about Anne Frank, who perished in the Holocaust, and was told never to let anything like the Nazi's "Final Solution" happen again. Meanwhile, 21,000 kilometres away, genocide was happening in Cambodia.

Years later, Pielert met a former Nuremberg prosecutor who sparked a theme for a film - people who were creators of justice after a great injustice had occurred.

Pielert's film Out of the Poison Tree follows Thida Buth Mam and her sisters back to Cambodia to find out more about the disappearance of their father under the Khmer Rouge and to hear first-hand from Cambodians about the necessity for justice and forgiveness.

As the Khmer Rouge tribunal readies itself for the trial of Kaing Guek Eav, better known as Duch, this film is aptly timed for the voice it gives to ordinary Cambodians and to well-known figures like Youk Chhang, director of the Documentation Centre of Cambodia (DC-Cam), or Aki Ra, an orphan raised by the Khmer Rouge who now runs the Land mine Museum.

The first screening in Cambodia of Out of the Poison Tree will take place at Meta House on Saturday at 6:30pm.

Where did the idea for the film come from?
Beth Pielert: I was visiting family on the East Coast [of the US] and I shared a ride to the airport with Henry King Jr, a former junior prosecutor at the Nuremberg Trials. Meeting Henry sparked an idea for a film about "right livelihood", where people who were exposed to great injustices like the Holocaust worked in careers that helped bring justice to the victims.

In the summer of 1999 ... my mother handed me an article from The New York Times that featured Craig Etcheson, [the co-creator of DC-Cam] and his work at the Yale Cambodian Genocide Studies Program.

I was able to meet Craig and interview him on camera. I learned more details about the Khmer Rouge regime and the long-overdue need for justice.

In 2000, I flew to Cambodia with my stepfather Robb, and together we interviewed survivors of the Khmer Rouge regime to better understand their desire for justice and what they had lived through.

Personal stories of healing and reconciliation for survivors of the Khmer Rouge regime were not yet prevalent at that time. I began production Out of the Poison Tree in earnest in 2001.

How did you and Thida meet?
BP: I met Thida Buth Mam in 2002. ... By [that time] I had already shot interviews with Youk Chhang and Aki Ra, in addition to a former Khmer Rouge soldier and smaller interviews, all of which made up the framework for the film. But I was in need of a contemporary component, an arc that could join stories from the past with the present. I always thought this would be the trial but ... that was taking forever to materialise.

I met with Thida, who had lived through the regime and who, I thought, could potentially serve as a consultant. Thida and her incredible family were so generous with their time and stories that Thida went from consultant, to translator to associate producer of the film.

When Thida phoned one day in late 2004 to say that she and her sisters were returning to Cambodia specifically to look for her father Buth Choen, I requested that I film her and their journey, and they generously agreed.

What do you hope people will take from the film?
Thida Buth Mam: For me, I want to tell the Khmer Rouge genocide story. If we look into the reasons the Khmer Rouge had, which led to the genocide, they were all reasonable, especially when a nation is under dictatorship or oppression. It can happen again, especially in Cambodia.

Cambodians must know themselves well to prevent this from ever happening again. Also, I was hoping to give a voice to the victims.... Cambodians should be fearful of the return of the Khmer Rouge the same way the Americans are afraid of another Vietnam War.

BP: There are several things that I hope people take away from the film, the foremost being understanding - understanding what it was like to be a country like Cambodia caught in the middle during a time of great political tension between the US and Vietnam.

The fallout from economic stress caused by the US bombings, starvation and military dominance helped enable the Khmer Rouge to gain power.

I also wanted to provide a sense of what it was like from the victims' point of view and how this unquenched justice spans the generations.

I wanted to provide a sense of the "choice-less choice" position many of the soldiers of the Khmer Rouge regime were in - for many of the Khmer Rouge soldiers, it was truly kill or be killed.

Thida, is the search for your father now complete? What did your mum think of the film?
TBM: No, I decided to stop. I don't think I can deal with finding out more details. Every time we found out a small fact about my father's fate, I went crazy in my head and in my heart. I think it is best that I don't know. Basically, I went searching for the truth about my father and found the truth about me. As for my mum, she is like me. She cannot handle the truth. She discouraged us from going and never asks me about it.

What are your hopes for the Khmer Rouge Tribunal?
TBM: [That] the Khmer Rouge admit to their crime, they apologise, they explain to us why they did what they did, they tell us what other countries were behind this - China? Vietnam? Thailand? That this practice of law or justice will make the Cambodian judiciary system better.

Also, acknowledgment of a brutal time in Cambodia and that my generation feel that we have done our best and that the genocide story stays alive.

BP: In many ways I wish that the Khmer Rouge tribunal had been created in the image of the Truth and Reconciliation Commission in South Africa. Granting amnesty to the perpetrators may have expedited the Trial and yielded more details about the "how and whys" of the Khmer Rouge.

Finally, Thida, will you return to live in Cambodia?
TBM: I have bought some land where I plan to build a home when I can afford it. I hope, in my retirement, to live in Cambodia most of the time. I hope I can contribute back to my homeland.

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Wednesday, February 18, 2009

Khmer Rouge Trial Opens

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Khmer Rouge Trial Opens In Cambodia

February 17, 2009
By Sopheng Cheang and Susan Postlewaite (AP)

Cambodian visitors watch portraits of victims displayed in the infamous Tuol sleng Khmer Rouge prison, also known as S21, where thousands of Cambodian died during the brutal 1975-79 regime, on February 16, 2009 in Phnom Penh.

PHNOM PENH, Cambodia — The chief of a prison where some 16,000 men, women and children were tortured before being killed appeared Tuesday before Cambodia's genocide tribunal in its first trial over the Khmer Rouge reign of terror more than three decades ago.

Kaing Guek Eav _ better known as Duch _ is charged with crimes against humanity and is the first of five defendants scheduled for long-delayed trials by the U.N.-assisted court.

They were among a close-knit, ultra-communist clique that turned Cambodia into a vast slave labor camp and charnel house in which 1.7 million or more died of starvation, disease and execution.

Duch, who headed the S-21 prison in Phnom Penh for the Khmer Rouge, is the only defendant to have expressed remorse for his actions, and on Tuesday he again voiced regret for what he did and sought forgiveness.

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

This week's hearing establishes the schedule for the trial, which is expected to begin in late March. The prosecution said it will present 33 witnesses over 40 days, while the defense said it seeks to have 13 witnesses testify over 4 1/2 days.

Duch's professed sentiments have no direct legal ramifications, and seem unlikely to change public attitudes.

"It is not only me wanting justice today. All Cambodian people have been waiting for 30 years now," said Vann Nath, one of less than 20 survivors of S-21, who attended the hearing in a courtroom packed with some 500 people. "I look at Duch today and he seems like an old, very gentle man. It was much different 30 years ago."

Vann Nath, who survived by painting and sculpting portraits of Khmer Rouge leader Pol Pot, described Duch as a "very cruel man."

Duch, 66, is accused of committing or abetting a range of crimes including murder, torture and rape at S-21 prison _ formerly a school _ where suspected enemies of the Khmer Rouge _ men, women and children _ were held and tortured, before being executed.

"This first hearing represents the realization of significant efforts to establish a fair and independent tribunal to try those in leadership positions and those most responsible for violations of Cambodian and international law," presiding judge Nil Nonn told the chamber.

But the tribunal has drawn sharp criticism.

Its snail-slow proceedings have been plagued by political interference from the Cambodian government, allegations of bias and corruption, lack of funding and bickering between Cambodian and international lawyers.

Some observers believe Prime Minister Hun Sen _ a former Khmer Rouge officer himself _ is controlling the tribunal's scope by directing the decisions of the Cambodian prosecutors and judges.

Duch has made no formal confession. However, unlike the other four defendants, he "admitted or acknowledged" in some of the 21 interviews by investigating judges that many of the crimes occurred at his prison, according to the indictment from court judges.

Duch has been variously described by those who knew him as "very gentle and kind" and a "monster."

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

In one mass execution, he gave his men a "kill them all" order to dispose of a group of prisoners, indictment said. On another list of 29 prisoners, he told his henchmen to "interrogate four persons, kill the rest."

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

Taken to the scene of his alleged crimes last year, he wept and told some of his former victims, "I ask for your forgiveness. I know that you cannot forgive me, but I ask you to leave me the hope that you might."

The trial comes 30 years after the fall of the Khmer Rouge, 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated.

Many victims feared that all the Khmer Rouge leaders would die before facing justice, and getting even one of them on trial is seen as a breakthrough. But there are concerns that the process is being politically manipulated and that thousands of killers will escape unpunished.

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

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

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

All four have denied committing crimes.

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Thursday, December 11, 2008

Hor Namhong Versus Sam Rainsy

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Hor Namhong Versus Sam Rainsy:
Hearing at the French Court on December 9, 2008

December 11, 2008 (By Sam Rainsy Party Blog)

Deputy Prime Minister and Foreign Affairs Minister Hor Namhong has filed a defamation lawsuit against Sam Rainsy before the French Court following the publication this year in France of a book by the opposition leader titled "Des racines dans la pierre" (Rooted in Stone).

The hearing which took place at Le Palais de Justice in Paris started at 4:50 pm and ended at 8:30 pm.

Hor Namhong was there with five lawyers. They brought Raoul Jennar, a Belgian "expert on Cambodia", as a witness. Sam Rainsy was there too but with only one lawyer and no witness.

Hor Namhong's arguments

1- Former King Norodom Sihanouk was condemned by the French Court on January 23, 1991 after being quoted as saying in the French newspaper Le Journal du Dimanche dated July 23, 1989:

"L'équipe de Monsieur Hun Sen est composée d'anciens Khmers rouges archi-criminels. Par exemple, Hor Nam Hong, ex-commandant d'un camp de concentration Khmer rouge, est responsable de la mort après d'atroces tortures de beaucoup d'anciens membres de la résistance anti-américaine, tels mon cousin le prince Sisowath Méthavi et son épouse, sœur aînée de ma femme… "

"Mr. Hun Sen's team is made up of former arch-criminal Khmer Rouge officials. For instance, Hor Nam Hong, ex-commander of a Khmer Rouge concentration camp, is responsible for the death, after atrocious tortures, of many former members of the anti-American resistance, such as my cousin Prince Sisowath Methavy and his spouse, who was my wife's elder sister…"

According to Hor Namhong, Sam Rainsy in his book made against him the same allegations as the ones Norodom Sihanouk made nearly twenty years ago; Sam Rainsy should then be condemned in the same way as the former King was condemned by the same Court.

2- Hor Namhong lost many relatives under the Khmer Rouge regime. Therefore, he could not have cooperated in any way with the Khmer Rouge.

Sam Rainsy's arguments

1- In his book Sam Rainsy actually wrote:

"Hun Sen n'était pas seul dans son cas: la plupart des supplétifs du régime vietnamien avaient frayé avec les Khmers rouges. Quand Ranariddh et Hun Sen eurent définitivement scellé mon compte, ils ne trouvèrent pas mieux que de nommer à la tête de mon ministère Keat Chhon, celui qui, pendant tant d'années, fut le principal conseiller de Pol Pot. Et quelques années plus tard, le Ministre des Affaires Etrangères serait un ancien collaborateur du pouvoir khmer rouge soupçonné d'avoir causé la mort de nombreuses personnes dont des membres de la famille royale".

"Hun Sen was not alone in his case: most of the Vietnamese regime's auxiliary staff had cooperated in one way or another with the Khmer Rouge. When Ranariddh and Hun Sen had definitively decided on my fate, they did not find anything better than appointing at the head of my ministry Keat Chhon, the man who, for so many years had been the main adviser to Pol Pot. And several years later, the Foreign Affairs Minister could be a former collaborator of the Khmer Rouge regime suspected of having caused the death of many people including members of the royal family."

Sam Rainsy points to the fact that what he wrote is not exactly the same, in the content and in the form, as what former King Norodom Sihanouk had reportedly said.

2- There have been new developments and new evidence against Hor Namhong since 1991 when the former King lost the first lawsuit filed by Hor Namhong before the French Court. Sam Rainsy refers to The Cambodia Daily report "Clouded History" published on July 1-2, 2000, the interview of Senator Keo Bunthouk (Mrs. Ieng Kounsaky) titled "A camp called Boeng Trabek" published in The Phnom Penh Post dated January 19 - February 1, 2001 and the book by Ong Thong Hoeung "J'ai cru aux Khmers Rouges" (I believed in the Khmer Rouge) published in Europe in 2003. Related documents at http://tinyurl.com/56czqh

Hor Namhong said that he had filed a defamation lawsuit in Phnom Penh against The Cambodia Daily for the above-mentioned report and that he won the case. Out of the two authors of the report, only the Cambodian reporter [Thet Sambath] was condemned by the Cambodian Court because the other one, who is an American national [Kelly McEvers], "ran away." He said that all the defamation cases initiated by him in Cambodia have been closed because all the concerned journalists [including Dam Sith, the editor of Moneaksekar Khmer (Khmer Conscience) who was jailed for one week this summer], have apologized to him.

Raoul Jennar said that he has been hired by the Khmer Rouge Tribunal in Phnom Penh (ECCC) as an "independent expert." To defend Hor Namhong he said that the genocide perpetrated by the Khmer Rouge was "centralized" in such a way that "only six persons in the Khmer Rouge top leadership could make the decision to kill any person." He also said that the Cambodian government is in no way responsible for any delay in the judicial proceedings at the ECCC.

The French Court will decide on the case on January 27, 2009.

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Thursday, November 20, 2008

Rebuilding Cambodia (Video)

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Rebuilding Cambodia: Cultivating a New Generation of Women Leaders




ABSTRACT

In the 1970s, essentially all of the educated population of Cambodia were murdered in the brutal regime of the Khmer Rouge. Cambodia today, despite its rich culture and stunning temples, remains a devastated country, suffering from poverty, lack of education, and corruption. The best hope for Cambodia lies in improved education and new leadership. To that end, Lightman and Smead have been working to empower a new generation of women leaders in Cambodia. (Studies by the U.N. and World Bank have repeatedly shown that the most effective method of helping third world countries is through education of its women.) The critical obstacle to higher education for women in Cambodia , remarkably enough, is housing. Universities in Cambodia do not provide housing for their students. Male students can live in the Buddhist temples but not females. Seizing upon this weak link in the chain, in 2006, Lightman and Smead's nonprofit organization built the first dormitory for female college students in the country. The Harpswell Foundation Dormitory and Leadership Center for College Women in Phnom Penh not only provides free room and board and medical coverage to its 36, carefully selected residents. The facility also gives them English and computer classes, leadership training, and critical discussions of national and international events. After two years of operations, these young women are at the tops of their classes at the 7 different universities they attend and are committed to leading their country into a new era of hope and transformation. In another two years, a new crop of 36 outstanding young women will enter the mentorship and cultivation of the Harpswell facility, and in ten years, we will have a powerful force of over a hundred women dedicated to revolutionizing their country. This is a story of how a small, highly-targeted nonprofit organization can potentially change an entire country.

In this illustrated lecture, Chenda Smead, who escaped Cambodia in 1979 at the age of 18, will describe her family's experience living under the Khmer Rouge. Alan Lightman, founding director of the Harpswell Foundation, will discuss the work of the Foundation, the strategy of leadership training and maximum social impact for minimum investment, and the challenges facing modern Cambodia.

Speaker: Alan Lightman
A physicist and novelist, graduated from Princeton University and received a PhD in physics from the California Institute of Technology. Lightman has served on the faculties of Harvard and MIT, where he was the first person to receive a joint appointment in the sciences and the humanities. Lightmans novel Einsteins Dreams was an international bestseller, and his novel The Diagnosis was a finalist for the National Book Award. After a life-changing trip to Cambodia in 2003, Lightman founded the nonprofit organization The Harpswell Foundation, which has been working to empower a new generation of leaders in Cambodia.

Speaker: Chenda Smead
Chenda Smead is a Khmer Rouge genocide survivor who escaped Cambodia in 1979 as a refugee to the U.S. and later graduated from the University of Nebraska in Lincoln with degrees in computer science and mathematics.

She has helped build a school in Siem Reap and a Learning Center near Phnom Penh, as well as contributed significantly to the Harpswell Foundation Dormitory and Leadership Center for College Women in Phnom Penh. Ms. Smead is on the Board of Advisors of the Harpswell Foundation.

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Wednesday, August 13, 2008

Cambodia Genocide Tribunal Indicts Khmer Rouge Prison Chief

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Cambodia Genocide Tribunal Indicts Khmer Rouge Prison Chief

PHNOM PENH, Cambodia (FOXNews) — Cambodia's genocide tribunal formally indicted a former prison chief of the country's notorious Khmer Rouge on Tuesday, paving the way for a historic trial.

The U.N.-assisted tribunal said in a statement Tuesday that its investigating judges issued the indictment upon ending their investigation of Kaing Guek Eav — also known as Duch — whose Phnom Penh prison was used as a torture center.

Duch, charged with crimes against humanity and war crimes, is the first suspect to be indicted by the tribunal. He and four other former senior members of the Khmer Rouge, who held power in the late 1970s, were taken into custody last year.

The radical policies of the communist group are considered responsible for the deaths of some 1.7 million people from starvation, disease, overwork and execution. No senior member of the group has ever stood trial for the atrocities.

The tribunal's announcement marks another "important moment in the history of the court," said Peter Foster, a spokesman for the U.N.-assisted tribunal.

He said the indictment sets the stage for the first trial of the tribunal, which began its work in early 2006. No date has yet been set for a trial, but tribunal officials have previously said it was expected to begin in late September.

Duch, 66, headed S-21 prison, the Khmer Rouge's largest torture facility, which used to be a school and is now the Tuol Sleng Genocide Museum. About 16,000 men, women and children are believed to have been held there. Only 14 are thought to have survived.

When Duch was detained by the tribunal in July last year, he was charged only with crimes against humanity, with the war crimes charge being added with the end of the investigation against him.

Duch will be tried by a panel of five judges — three Cambodian, one French and one New Zealander — according to a 2003 pact between Cambodia and the United Nations establishing the tribunal.

The other four suspects being held by the tribunal are former top lieutenants of late Khmer Rouge leader Pol Pot, who died in 1998. They are former head of state Khieu Samphan, former chief ideologist Nuon Chea, ex-Foreign Minister Ieng Sary, and his wife Ieng Thirith, who served as the Khmer Rouge social affairs minister.

They also face charges of crimes against humanity and war crimes.

Cambodian politics and disagreements between the government and the U.N. delayed the establishment of the tribunal for years. Its work was further delayed by disagreements among judges over the procedural rules and controversies involving allegations of kickbacks among Cambodian staffers.

The tribunal, which is mostly funded by donations from foreign donors, is facing a budget crunch. The $56.3 million that was originally earmarked proved inadequate because the tribunal has had to recruit more staff and expand its work.

A revised budget estimated the cost of carrying out the tribunal's work through 2010 to be $143 million. The tribunal is $86.7 million short of that goal.

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Tuesday, July 22, 2008

Cambodia's Premier in Strong Position Ahead of Vote

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Cambodia's Premier in Strong Position Ahead of Vote

Hun Sen Has Steered
Economic Miniboom,
But Graft Abounds
By PATRICK BARTA
July 22, 2008; Page A13

PHNOM PENH, Cambodia (WSJ) -- Prime Minister Hun Sen, whose party is expected to win re-election here Sunday, is credited by many Cambodians with guiding their country to become one of Asia's newest investment hot spots.

But keeping the economic recovery on track in Cambodia -- a nation best-known for its genocidal 1970s Khmer Rouge regime -- is getting more difficult in the face of a global slowdown, regional competition and entrenched corruption.

Mr. Hun Sen opened Cambodia's doors to foreign investors and has overseen notable improvements in living standards. Economic growth has surged 10% or more annually in recent years, driven by an influx of investment funds, property speculators and a few big multinationals, including Chevron Corp. and BHP Billiton.

Phnom Penh, the capital, recently got a new fleet of metered taxis, and it soon will have its first skyscrapers, including a 42-story luxury condominium tower rising up next to an office for a national antileprosy campaign. In brochures, the project's South Korean developers compare the building -- which boasts a grass-covered "sky park" on its 10th floor -- to Manhattan's Time Warner Center.

But attracting a lot more investment will depend on Cambodia overcoming its reputation as one of the world's most corrupt countries. It ranks among the worst on Transparency International's annual list of graft-ridden nations, with 72% of its residents reporting they paid at least one bribe in the past year -- roughly on par with Cameroon and Albania. Opposition leaders and others say a more pervasive rule of law is needed to sustain the boom by making Cambodia attractive to blue-chip foreign investors who currently prefer countries such as Thailand or Vietnam.

Many economists believe Cambodia's miniboom is already fading. Growth has been fueled by just a few sectors -- notably tourism, construction and garment manufacturing. Inflation is soaring, pushed by higher fuel and food prices, and the new garment factories around Phnom Penh are facing new competition as China expands its textile output and global demand slows.

The International Monetary Fund predicts growth of Cambodia's economy will slow to about 7% this year, in part because of slowing garment exports.

Mr. Hun Sen has "delivered political stability, and that has translated into economic growth," says Arjun Goswami, country director for the Asian Development Bank in Phnom Penh. But, he adds, "the story is going to get more difficult for Cambodia."

Economic issues have played an important part in the election campaign. "The kind of growth we are having now is not sustainable or equitable," contends Sam Rainsy, a French-educated former finance minister who leads a prominent opposition party. Much of Cambodia's economic activity, he notes, involves illegal businesses or black-market operations: illicit logging, land speculation, gambling and prostitution. Such businesses thrive, he says, because of a political system permeated with graft.

Ruling-party leaders have dismissed some allegations of graft as exaggerated, and promised to pass legislation to rein in corruption in the future.

Though small, Cambodia could become a major investment site. It has significant deposits of bauxite, gold and other minerals, and energy companies have recently found sizable oil deposits off its coast. The country also has large areas of arable land that could be developed for rice and other crops to help meet Asia's growing demand.

Much of that potential was squandered as Cambodia suffered through wars and atrocities in recent decades. Cambodia became independent from French colonial rule in the 1950s, but was bombed heavily by U.S. forces during the Vietnam War. It later fell to the Khmer Rouge, a home-grown Maoist rebel group whose leaders, including the notorious Pol Pot, outlawed money and private property in a disastrous bid to create a nation of agricultural collectives. Some 1.7 million people -- about a fifth of the population at the time -- died of illness or starvation or were killed.

Invading Vietnamese forces eventually ousted the Khmer Rouge and installed Khmer Rouge defectors, including Hun Sen, in a new government. He became prime minister in 1985. A battle-hardened soldier-turned-politician -- he lost an eye in combat -- Mr. Hun Sen survived Cambodia's transition to nominally democratic rule in 1993 and has since fended off all challengers to his rule, including a violent coup in 1997 against a rival with whom he shared power.

Despite his government's reputation for corruption and its strong authoritarian streak, Cambodians re-elected Mr. Hun Sen's party in 1998 and 2003, and he has remained popular among many Cambodians who believe the country is better off than it was a decade ago.

A party victory in Sunday's national parliamentary elections would give him another five years in power. Now in his late 50s, he has said he plans to stay in power until he is 90 years old. In a speech earlier this year, he said, "I wish to state it very clearly this way: No one can defeat Hun Sen. Only Hun Sen alone can defeat Hun Sen."

To sustain popular support, the government has rebuilt schools and repaired roads, in part with money provided by foreign donors. It has also made it easier for foreigners to visit and invest in the country, stoking a surge in tourist arrivals and hotel and office construction.

Mr. Hun Sen's party "has done a lot to improve the country," says Sokna Tea, a 20-year-old finance student who was hanging out one recent afternoon near a new $1 billion property development expected to include a 52-story tower and convention center. Many Cambodians simply believe Mr. Hun Sen's victory is inevitable or fear that a vote against his government could lead to political unrest.

Despite some reports of campaign-related violence, independent election observers say they expect the vote to be fair, and campaigning for the dozen or so parties contesting the vote has been vigorous. Mr. Hun Sen's political organization, the Cambodian People's Party, is backed by many of the country's wealthiest tycoons and has deep pockets, allowing it to vastly outspend the smaller opposition groups.

Some economic analysts say controlling Cambodia will become harder for Mr. Hun Sen, especially if rising food and energy prices undermine the recent gains in poverty reduction. More than half of Cambodia's population of 14 million is under 21 years old, and many youths are better educated than their parents, meaning they will likely demand more from their government in the future.

"I want something more than stability," says Theary Seng, a social activist in her 30s who has lived in the U.S. and now is the executive director of a Phnom Penh watchdog group known as the Center for Social Development. After all, she says, "North Korea has stability."

Write to Patrick Barta at patrick.barta@wsj.com

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Thursday, July 17, 2008

A Tribunal Worth Paying For

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In this June 30, 2008 file photo, Ieng Sary, a former Khmer Rouge foreign minister, sits in the dock in the courtroom for a hearing on at the U.N.-backed genocide tribunal in Phnom Penh, Cambodia. The German government Friday, July 11, 2008, pledged Euro 1.5 million (US$2.4 million) to Cambodia's cash-strapped tribunal, which is charged with prosecuting former Khmer Rouge leaders with war crimes and crimes against humanity. (AP Photo/Pring Samrang, POOL)


A Tribunal Worth Paying For

By JOHN A. HALL
FROM TODAY'S WALL STREET JOURNAL ASIA
July 16, 2008

For years, the United States withheld funding from Cambodia's Khmer Rouge war crimes tribunal. Before opening its wallet, Washington insisted that the court meet international standards for fairness and anticorruption measures. That stance has now paid off, contributing to international scrutiny that has led to dramatic improvements in the tribunal's operations. It's now time for the U.S. to contribute funding and preserve the gains its earlier policy has helped foster.

This matters because the tribunal represents Cambodians' last best hope of healing the wounds they suffered under decades of Khmer Rouge rule. Roughly one in three Cambodians perished under the Khmer Rouge's Maoist experiment to send the country back to what they called "Year Zero." If Cambodia is ever to find its way to economic growth and a stable, democratic political system, it's important for its former leaders to stand trial for their alleged crimes. The tribunal's failure would be a blow for the long-suffering Cambodian people themselves, but also for the credibility of the United Nations. And it would be a black mark against the U.S. to stand idly while the tribunal America helped birth 10 years ago falters.

By pouring money into the U.N. Development Program without adequate oversight, donors for too long effectively handed their money straight to the Cambodian side of the tribunal, with predictable results. Auditors have uncovered fiscal problems, serious mismanagement and bloated salaries. The Open Society Justice Initiative, a New York-based NGO, raised serious allegations of widespread corruption and kick-back schemes among Cambodian appointees. After three years of operations, only five defendants are in custody and no trials have begun. The tribunal still lacks a credible anticorruption plan.

But major strides have been made over the past six months. The U.N. has brought in David Tolbert, a former prosecutor with the Yugoslavia tribunal, as its "special expert" to act as a much-needed coordinator between the tribunal, donors and the U.N. It boasts a new management team led by Norwegian lawyer Knut Rosandhaug, a veteran of the U.N.'s mission in the Balkans. Day-to-day judicial operations like filings and hearings increasingly adhere to basic standards of transparency and fairness. And a revised budget features more prudent expenditures, and better controls over where and how donor money is spent.

The biggest threat to consolidation of this progress now is lack of funds moving forward. The tribunal is currently seeking almost $100 million to allow it to complete its mandate. Without additional donor support, the tribunal could close its doors in a matter of weeks. And even if the tribunal did manage to secure adequate funding, the U.S. would have lost its prime leverage to push for improvements.

So far, the desire to address serious U.S. concerns and win its support has been a prime driver of improvements to the tribunal process. More than any other country, the U.S. has consistently expressed skepticism about the Cambodian government's purported efforts to cooperate with the tribunal and has championed transparency and effective anticorruption measures. Mr. Tolbert's appointment was a direct result of U.S. pressure.

That U.S. leverage only works, however, so long as people have reason to believe American money might be forthcoming if participants can satisfy the U.S. concerns. If the U.S. holds back now, despite the progress of the past few months, it will lose this advantage.

In contrast, donating now as the tribunal moves into a new, improved phase of management, would allow the U.S. to bring enormous diplomatic weight to the table. The U.S. then could exert pressure on the Cambodian government and the U.N. to ensure that the tribunal continues to focus on anticorruption policies and meeting international standards.

For example, Mr. Tolbert is crafting such a plan right now, and it would be to America's advantage to maximize its say over the proposal. As a donor the U.S. could offer powerful support to Mr. Tolbert's push to include mechanisms for participants to report suspected corruption (including whistleblower protections), greater anticorruption investigative capacity on the part of the tribunal's management, and changes to the code of conduct for judges that would spell out explicitly what constitutes corrupt activity.

Some of the fiercest opposition to funding the tribunal originates in the U.S. Congress, which is understandable, given the tribunal's troubled history. It's also healthy. The "blank check" approach adopted by the UNDP and other donors created the tribunal's problems in the first place. It is vital that the U.S. not be that naïve, let alone willfully deaf, blind and dumb in its own funding.

Instead, the type of scrutiny and attention that the U.S. could and should bring to the court as a donor will be one of the critical safeguards for progress. Particularly if America becomes a member of the tribunal's steering committee by committing $2 million or more, it will be in a position to play a powerful role in the tribunal's future.

Meanwhile, the U.S. could target its donations to specific budget items, such as victims' rights and witness protection or even the operating budget for the international side of the tribunal, and make payments over time rather than as one lump sum. Washington could use its new leverage to force the tribunal to process cases more efficiently, ensuring proceedings don't drag on for years until already-elderly defendants simply die. The U.S. would also be in a position to mandate independent and transparent accounting procedures that would not only track American dollars but aid in improving the tribunal's operations overall.

The U.S. was instrumental in negotiating the creation of this tribunal 10 years ago, and has all along affirmed its commitment to helping the Cambodian people seek justice. Up to now, the most effective way to do that has been to withhold U.S. money pending reform. But as the tribunal moves into a new phase, and with its management improving, donating will become the more effective tool for the U.S. to follow through on its promise to Cambodia.

Mr. Hall is an associate professor at Chapman University School of Law, in Orange, Calif., and a research fellow at the Center for Global Trade & Development.

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Thursday, June 19, 2008

Testimonials from former prisoners of the Boeng Trabek Camp under the direction of Hor Nam Hong between November 1977 and January 1979

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H.E. Hor Nam Hong, in charge of Ministry of Foreign Affairs and International Cooperation, and Deputy Prime Minister
Testimonials from former prisoners of the Boeng Trabek Camp under the direction of Hor Nam Hong between November 1977 and January 1979

Translated from French
La version française se trouve en bas du texte anglais

These testimonials from people still alive now, were published in the
January 1990 issue of the Non Communist Resistance Bulletin Published by the Non-communist Anti-Vietnamese Resistance (Prince Norodom Sihanouk’s Funcinpec and Mr. Son San’s KPNLAF)

Testimonials by Mr. and Mrs. Ieng Kounsaky

We, Ieng Kounsaky and Keo Bunthouk, having known Mr. Hor Nam Hong since 1969 and having lived two years under his authority as the director of the Boeng Trabek re-education and forced labor camp near Phnom Penh, between 1977 and 1978, have the duty to reveal the following truths below:

As a very zealous director of this camp, Mr. Hor Nam Hong had as his aids: his wife who was the “President” of the women group, and his son who was “chief” of the youth group.

Testimonials from Mr. Sao Kim Hong

It is useful to recall that Hor Nam Hong’s family [at the Boeng Trabek camp] consisted of a family of presidents:

  • Mr. Hor Nam Hong, vice-president [whom I knew since the old camp] at Chraing Chamres, became President after the departure of Mr. Van Piny in 1977.
  • Mrs. Hor Nam Hong, née Borey, [women] vice-president, became President following the departure of Mrs. Van Piny in 1977.
  • Their eldest son Thoun [Hor Sothoun] still assumed the position of youth president.

Testimonials from Mrs. Sisowath Ayrawadi

(…). There were about 60 people [in Section B32 of the Boeng Trabek camp]. It was in this center that I and my family lived until April 1978.

From January to November [1977], B32 was directed by Mr. Van Piny, the President of the center, Mr. Hor Nam Hong, the vice-president, was his right hand man.

When Mr. Van Piny and Chorn, his wife and the women president, were taken away, [Mr. and Mrs. Hor Nam Hong replaced them as B32 President and women president, respectively.]

-----------------------------

TEMOIGNAGES D'ANCIENS DETENUS AU CAMP DE BOENG TRABEK
SOUS LA DIRECTION DE HOR NAM HONG DE NOVEMBRE 1977 A JANVIER 1979

Ces témoignages de personnes encore vivantes à ce jour, ont été publiés dans le numéro de Janvier 1990 du Bulletin NCR (Non Communist Resistance) publié par la Résistance non-communiste anti-vietnamienne (Funcinpec du prince Norodom Sihanouk et FNLPK de M. Son Sann)

Témoignage de Mr et Mme Ieng Kounsaky

Nous soussignés Ieng Kounsaky et Keo Bunthouk, ayant connu M. Hor Nam Hong depuis 1969 et ayant vécu pendant deux années sous son autorité de directeur du camp de rééducation et de travaux forcés en 1977 et 1978 à Boeng Trabek près de Phnom Penh,

Avons le devoir de révéler les vérités ci-dessous.

En qualité de directeur très zélé de ce camp, M. Hor Nam Hong avait comme aides son épouse "Présidente" du groupe des femmes, et son fils "chef" du groupe des jeunes.

Témoignage de Mr Sao Kim Hong

Il serait utile de rappeler que la famille Hor Nam Hong formait [dans le camp de Boeng Trabek] une famille de présidents:

  • M. Hor Nam Hong, vice-président [que je connaissais depuis l'ancien campement] à Chraing Chamrès, devint Président après le départ de M. Van Piny en 1977.
  • Mme Hor Nam Hong, née Borey, vice présidente [des femmes], devint Présidente après le départ de Mme Van Piny en 1977.
  • Leur fils aîné Thoun [Hor Sothoun] assumait toujours la fonction de président des jeunes.

Témoignage de Mme Sisowath Ayravadi


(…). On y compte une soixantaine de personnes [dans la section B32 du camp de Boeng Trabek]. C'est dans ce centre que moi et ma famille avons vécu jusqu'en avril 1978.

De janvier à novembre [1977], le B32 a été dirigé par M. Van Piny, Président du centre, secondé par M. Hor Nam Hong, vice-président.

Quand M. Van Piny et son épouse nommée Chorn, présidente des femmes, ont été emmenés, [Mr et Mme Hor Nam Hong les ont remplacés respectivement comme Président du B32 et présidente des femmes].

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Tuesday, June 03, 2008

U.N. Must try BurmeseLeaders for Genocide

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Burma's ruling generals - including Than Shwe, Maung Aye and Thura Shwe Mann [Reuters]

U.N. must try Burmese leaders for genocide

JOEL BRINKLEY
Sunday, June 1, 2008
Source: San Francisco Chronicle

Almost 30 years ago, my editor dispatched me to Cambodia to cover the fall of the Khmer Rouge regime and the resulting refugee holocaust. The images of babies with swollen bellies and only a few days left to live, emaciated and lethargic adults dying from typhoid, cholera or worse have hung with me to this day.

Now, three decades later, the United Nations and the Cambodian government are staging a genocide tribunal for several surviving Khmer Rouge leaders. Nearly 2 million Cambodians died during the Khmer Rouge reign - most of them from disease and starvation.

One country away, in Burma, more than 1 million survivors of Cyclone Nargis have now gone without food, medicine, clean water or sanitation services for more than four weeks. Though Burma's military dictators won't allow anyone to see, babies' bellies are beginning to swell, and listless adults are slipping away, victims of cholera, dysentery or worse. Tens of thousands are likely to die - most of them from disease and starvation.

The fault for all of this lies squarely on Gen. Than Shwe's shoulders. It's past time that the United Nations started planning a genocide tribunal for Shwe, the Burmese leader, and his fellow thugs. The case is clear, the verdict already known.

In Cambodia, prosecutors are digging through musty, incomplete records and relying on testimony from feeble, octogenarian witnesses. In Burma, all the evidence prosecutors would need is in the newspapers and on TV. Put together, it displays a callous disregard for human life so stunning that it would probably embarrass Kim Jung Il, Robert Mugabe - perhaps even Omar al-Bashir, the president of Sudan.

Here's the dossier: On May 20, Shwe promised Ban Ki-moon, the U.N. secretary-general, he would finally allow aid workers to deliver food and medicine to cyclone victims - three weeks after the storm.

The next day, Shwe ordered his troops to sweep through the Irrawaddy Delta and evict cyclone victims from the few buildings that remained standing so they could be used as polling places. Then soldiers pushed and prodded hungry and sick Burmese to vote in a sham referendum intended to extend Shwe's time in office - and sometimes filled in their ballots for them.

Last Sunday, soldiers ordered cyclone victims to dismantle makeshift shelters they had put up near main roads to escape the floodwaters. The soldiers said they were unsightly.

Meanwhile, the International Red Cross reported that rivers and ponds in the delta remained clotted with corpses. On Tuesday, UNICEF noted that Burmese children were drinking from these fetid ponds. They had no other source of water. Even before the storm, Save the Children said it had identified 30,000 malnourished children in the affected areas. Many of them, the group said a few days ago, "may already be dying for lack of food."

In Rangoon, meanwhile, when Ban proposed a donors conference for reconstruction aid, Shwe's government suddenly perked up and said Burma would be delighted to host it. Save our people, no; give us money - sure!

Representatives from more than 50 countries attended the conference last Sunday. Gen. Thein Sein, the Burmese prime minister, told them he would happily take their money. As for finally allowing aid workers in, he said, "we will consider allowing them in if they wish to engage in rehabilitation and reconstruction work."

The government's relief operations have come to an end, he insisted. Burma is shifting its focus to rebuilding and reconstruction. So much for Shwe's promise to Ban. So much for 100,000 sick and dying people. Last week, Burma admitted about 40 more aid workers - while throwing up onerous restrictions on their work.

For weeks, Shwe had refused even to take Ban's phone calls. Finally, Ban decided simply to show up. So the military set up a Potemkin refugee camp complete with crisp green tents and shiny new cookware. When Sein took Ban there a week later, reporters noticed that cooking oil jars remained sealed and store labels were still affixed to the frying pans.

The New York Times reported that soldiers had used dynamite to rid the streams of unsightly corpses in the areas Ban visited.

Now, a month after the storm, the United Nations estimates that fewer than half of the sick and starving cyclone victims have received even the first dollop of aid, while the generals insist that it's time to give up on the victims and start putting up new buildings.

If the world were a just place, then the first building project would be a prison to hold Shwe and his fellow thugs - after their genocide trial.

Joel Brinkley is a professor of journalism at Stanford University and a former foreign policy correspondent for the New York Times. E-mail him at brinkley@foreign-matters.com. Contact us at insight@sfchronicle.com.

This article appeared on page G - 8 of the San Francisco Chronicle

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Wednesday, April 02, 2008

Cambodia: The High Cost of Closure

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Former Khmer Rouge leader Nuon Chea attends a verdict at the Extraordinary Chambers in the Court of Cambodia (ECCC) in Phnom Penh on March 20, 2008. Mak Remissa/AFP/Getty Images


Asia April 1, 2008, 7:22AM EST text size: TT
Cambodia: The High Cost of Closure
With a $170 million price tag, the genocide trial of former Khmer Rouge leaders could be imperiled for lack of donor funds
by Susan Postlewaite
Source: BusinessWeek.com

Dressed in a khaki shirt and slumped in his chair, eyes closed as the judges read the proceedings, the frail and white-haired "Brother No. 2" doesn't look the part of a mastermind of the 1970s reign of terror in Cambodia. Arrested at home near the Thai border last September, 82-year-old Nuon Chea is the top-ranking Khmer Rouge official to face trial for his role in the Cambodian genocide. But with his health deteriorating, the court worries he may die before the trial's conclusion. So haste is of the essence.

That's one factor that international aid donors must consider when deciding whether to foot the $170 million bill for the U.N.-sponsored trials of Nuon Chea and four other former Khmer Rouge officials. Trying them is proving far more costly than organizers had planned. The court's budget, originally $53 million for three years, has ballooned to $170 million for five years. And after a year and a half of operations, the hybrid court (run by both the U.N. and the Cambodian government) is running out of money. The Cambodian side has announced it runs out of funds in April.

Nearly 30 years after the end of the "killing fields" that left 2 million people dead, many Cambodians are wondering whether getting justice is worth the expense. Some think the trials in Cambodia are, as the former U.N. Secretary-General's representative in Cambodia Benny Widyono says, "a little too late."

Report of Overspending
But others feel that closure is necessary. "We want to see who is responsible for the killing," says Touch Vunly, a retired government soldier who now farms near Cambodia's border with Thailand, not far from the house where Khieu Samphan, who was a member of the Khmer Rouge central committee, lived before his arrest. Touch Vunly says he has no grudges, but he adds that he would like to know whether "the leaders have to take responsibility if they do wrong." In a country where criminal behavior has for years gone unpunished, that may be the argument that persuades donors that spending as much as it takes on the Khmer Rouge trials is good value.

One problem: Donors want to know what's happened to some of the money they've already pledged. A U.N. audit report found inflated salaries and overstaffing on the Cambodian side of the court and harshly criticized the court for paying Cambodian staff $3,500 to $5,300 a month—in a country where teachers and civil servants still get less than $100. The high salaries mean the court has not been able to use lower local costs to make proceedings less expensive than in places such as The Hague, Netherlands, home to the war crimes trials for the former Yugoslavia.

Donors who have funded the tribunal until now aren't saying how much more they're willing to spend. The biggest donors have been Japan ($21.6 million) and France ($3.2 million). The European Commission, Australia, Canada, Germany, Britain, the Netherlands, Norway, and India have limited their contributions to a few million dollars or less, according to the court's financial statements. (The U.S. hasn't contributed anything.) The donors declined to comment on future pledges except to say they have sent questions to the U.N. about the expense. Cambodia has pledged $1.5 million cash, but says in-kind contributions would bump it to about $5 million for such things as taking care of the defendants in jail and the land for the court.

The new budget would cover expenses including more than $120,000 a year in medical costs for the five elderly defendants: Nuon Chea; Khieu Samphan; Kaing Guek Eav, better known as "Duch"; and Ieng Sary and his wife, Ieng Thirith. That includes round-the-clock doctor and nurse coverage at the court and an ambulance that often ferries defendants to Calmette Hospital 45 minutes away. And it also would pay for international doctor visits, particularly for Ieng Sary, the 82-year-old former Khmer Rouge Foreign Minister, who has heart problems.

War Crimes Trials Are Expensive
Lawyers leading the case against the Khmer Rouge officials are hopeful that a lack of funds won't shut down the court. "I don't think we will stop in mid-stride," says Robert Petit, chief co-prosecutor for the Extraordinary Chambers in the Court of Cambodia (ECCC), the tribunal's official name. Petit, a veteran of war crimes tribunals in Rwanda, Kosovo, East Timor, and Sierra Leone, says war crimes trials are expensive. The ECCC, for instance, requires translation of documents and proceedings into English, French, and Khmer. While only five defendants are facing trial now, the prosecutors' office is investigating others as well.

Petit won't say whether more arrests will come. But he argues one measure of the court's success will be its ability to create a legacy for future generations. "We have to make sure at the end the evidence and our interpretation of the evidence is available so they can use it to move forward. That is complex and requires funding." The donors' funding also is helping to pay for attorneys for the accused. Defense Support Section chief Rupert Skilbeck says he has funding to provide a strong enough defense for the five to envision possible acquittals. "Usually everyone thinks they're guilty, but they have not looked at the evidence," says Skilbeck, a British lawyer and also a veteran of other war crimes tribunals.

Cambodia isn't the only court that has faced money problems due to a lack of accountability or financial controls, says Michael Johnson, the former chief prosecutor for the International Criminal Tribunal for the former Yugoslavia who was also involved in the International Criminal Tribunal for Rwanda and the Bosnia and Herzegovina War Crimes Chamber. He says the Bosnia court—eight courtrooms and about 400 defendants—is running about $10 million to $11 million per defendant. But other courts such as Rwanda—purely an international court (not a hybrid local/international as in Cambodia)—ran about $30 million per defendant; Sierra Leone was also high. In East Timor, another hybrid court came out at about $10 million per defendant, but critics say it ended up with a standard of justice that did not meet international criteria. "There is a real lack of accountability within the administration of these systems," says Johnson, who favors a special adviser to monitor and cut costs.

U.N. Appoints Veteran Prosecutor

However the Cambodian side of the court does not want a special adviser, insisting it doesn't want "a new party to be above the court," according to a spokesperson. And if the U.N. side got a special adviser, the Cambodian side would also be entitled to one at 50% of the U.N. adviser's salary.

The U.N. intervened last week, announcing after a meeting in New York with officials of the ECCC that David Tolbert, who has been prosecuting at the International Criminal Tribunal for the former Yugoslavia, will become Assistant Secretary-General of the U.N. for three months to "advise the U.N. on its assistance to the ECCC." The U.N. says the appointment is "essential during the forthcoming months leading up to the first trial." Donors did not immediately react, but Heather Ryan, monitor of the Khmer Rouge tribunal for the Open Society Justice Initiative, says Tolbert's "leadership" will be a welcome addition at a time when the ECCC faces "pressing issues."

Support among Cambodians for the trials always has been mixed, but watching the defendants on TV is popular. Plus, more than a third of Cambodian's population is under age 15, and the younger generation knows little to nothing about the Khmer Rouge era, which is considered by the current regime to be too politically controversial to be taught in schools. Court supporters say the trials will set the historical record straight.

Susan Postlewaite is an international business writer based in Phnom Penh.

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