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Showing posts with label Khmer Rouge Tribunal. Show all posts
Showing posts with label Khmer Rouge Tribunal. Show all posts

14 August, 2019

Khmer Rouge Tribunal: Death Stops Defendant’s Appeal

By VOA
August 14, 2019

Nuon Chea, the chief ideologue for the Khmer Rouge, was convicted in two separate trials of crimes against humanity, genocide and other offenses committed when the Khmer Rouge held power in the late 1970s.

The U.N.-assisted tribunal trying leaders of Cambodia’s Khmer Rouge on charges of genocide and other crimes affirmed Tuesday it will cease legal proceedings against Nuon Chea, the communist group’s No. 2 leader who died aged 93 on Aug. 4 while his conviction was under appeal.

A statement by the tribunal’s Supreme Court Chamber cited Cambodian law and international criminal tribunal precedent as the basis for its ruling. It also acknowledged a request by Nuon Chea’s defense team to clarify how ending the appeal due to Nuon Chea’s death affects “the trial judgment and underlying convictions” -- whether it leaves his conviction standing, or nullifies it.
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11 July, 2019

The revolution will be televised

Marc Eberle
July 9, 2019
 

From our print archive: Movie producer and real estate mogul Oum Prum looks back at his past life as a filmmaker for the Khmer Rouge regime

Editor’s note: When we think of the Khmer Rouge, we don’t normally think of a roomful of technicians feverishly cutting clips together in a Phnom Penh film lab. But for Oum Prum, one of the men recruited by the regime to film the brutal rebirth of Cambodia under Pol Pot’s forces, this was the lens through which he viewed the darkest chapter in the Kingdom’s past. His memories of filming the fall of Phnom Penh and the Khmer Rouge’s bloody efforts to rebuild a shattered Cambodia shine new light on a regime desperate not just to craft a new nation, but a new people inspired by acts of wordless self-sacrifice – regardless of the human cost. Now, for the first time, you can read his story online. 

OP leans back on his sofa in his Phnom Penh studio. “I was eight years old when I held my first gun, nine when I held my first camera,” he says. OP is short for Oum Prum, the name the Khmer Rouge gave him. Oum means “powerful” and Prum is the four-headed god that smiles from the towers of Cambodia’s most enigmatic temples.

CO-INVESTIGATING JUDGES ISSUE TWO SEPARATE CLOSING ORDERS IN THE CASE AGAINST YIM TITH

Today, the Co-Investigating Judges issued two separate closing orders in the case against Yim Tith, due to a disagreement about whether Yim Tith is subject to the ECCC’s personal

20 April, 2010

Year Zero

April 17, 2010 By Peter Wilson
Source: American Thinker

The Khmer Rouge declared revolutionary Year Zero thirty-five years ago today, on April 17, 1975, the day Communist guerrillas in black pajamas and truck-tire sandals marched victoriously through the streets of Phnom Penh. An indication of the regime's brutality came within 24 hours, when the Khmer Rouge ordered the two million residents of Phnom Penh, including hospital patients, to evacuate the city.

Their reign of three years and eight months left Cambodia devastated, with the better part of an entire generation -- approximately 1.7 million Cambodians out of a population of 7.9 million -- annihilated by bullet, axe, shovel blow to the back of the head, plastic bag suffocation, unspeakable torture, or by starvation caused by ruinous economic policies.

The Pol Pot clique set out to create history's most pure form of Communism in a single bound, striving to surpass even Mao's disastrous Great Leap Forward. Their success was Cambodia's failure. Despite the legacy of another horror-filled Marxist experiment, the lessons of the Khmer Rouge remain shrouded in equivocation and myth.

Myth #1: Despite the example of the Khmer Rouge, Marxism remains a valid political philosophy.

Marxist sympathizers like columnist James Carroll still argue in polite society that "Marxism has yet to be really tried." It's just that by strange happenstance, Communist governments have always been subverted by corrupt, brutal men.

Corruption and brutality, however, are not incidental to Communism; they are part of its essence.

In order to redistribute wealth, the State must assign power to fallible humans. Our democracy has checks and balances that constrain (we hope) those who hold power. The Khmer Rouge leaders wielded absolute power, which corrupted absolutely, with predictable tragic consequences.

Every time it has been tried, Marxism leads to the charnel house, turning subject countries into giant concentration camps, each a "vast Belsen," as Robert Conquest described Stalin's Soviet Union. Pol Pot, Mao, Stalin, Lenin, Ho Chi Minh, Castro, Che Guevara, Abimael Guzman, Mengistu, and Kim Jong-il are among history's most accomplished butchers. To argue that the Communist ideology that motivated them is incidental to their crimes devalues the deaths of the hundred million murdered by Communism in the 20th century.

Myth #2: The Khmer Rouge were not really Communists.

Like the Viet Cong, they were "rice paddy nationalists." Or freedom-fighters gone wrong battling French and American imperialism. Or Asian Nazis. Or some perverted Buddhist agrarian sect.

Evidence to the contrary is not difficult to find. As students in Paris, Pol Pot and Ieng Sary (Brothers Number One and Number Two) joined the Cercle Marxiste, where they imbibed Marx and Rousseau. To point out the obvious, Pol Pot and Ieng Sary named their army the "Red Khmer," red being the color of Communism. They were funded by Beijing, Moscow, and Hanoi. Theirs was closer to a Maoist interpretation of Marxism than to Stalin's urban Communism with its Five-Year Plans, fetishizing steel mills and cement factories. Khmer Rouge terror techniques were drawn from Stalin and Mao: the brutality, the destruction of the family, the abolition of religion, the terror famines, and the internal purging that George Orwell described so accurately three decades earlier in the terrifying scenes of Napoleon forcing confessions in Animal Farm.

Myth #3: Nixon's secret bombing of Cambodia was responsible for the Khmer Rouge victory.

Blaming America for the Khmer Rouge began early on in William Shawcross's Sideshow: Kissinger, Nixon, and the Destruction of Cambodia (1979). Roland Joffe's 1984 movie The Killing Fields disseminated the narrative of American guilt to an entire generation, one that is repeated in many American history textbooks.

According to data released by the Clinton administration and reported by Ben Kiernan and Taylor Owen, from 1969 to 1973, American B-52s dropped "2,756,941 tons' worth [of explosives] in 230,516 sorties on 113,716 sites," more than was dropped by all parties in World War II. Innocent Cambodian villagers were surely killed, although estimates vary wildly, from 5,000 to 600,000.

Nevertheless, despite the rage of the antiwar movement, the tin soldiers, Nixon's coming, and four dead in Ohio, the bombing was not entirely unjustified.

The bombing proceeded in two distinct phases, each with different objectives. President Nixon's Operation Menu began in March 1969, striking at North Vietnamese sanctuaries where the NVA delivered food and arms to supply depots less than one hundred miles from Saigon, protected by Cambodia's neutrality under the Geneva Convention. Although Prince Sihanouk agreed to the passage of NVA supplies coming down the Ho Chi Minh Trail and through the Port of Sihanoukville, evidence shows that he grew fed up with North Vietnamese intrusions into his country and gave Nixon a green light to bomb NVA military targets.

In the second phase, as the Vietnam War was winding down, American bombing continued at the request of the Lon Nol government to slow the advance of the Khmer Rouge.

History may judge Nixon and Kissinger harshly for the humanitarian costs of the bombing. It appears that the bombing assisted Khmer Rouge recruitment efforts, but overall, it delayed the Khmer Rouge takeover. Keep in mind the simple facts that Communist countries backed the Khmer Rouge with arms, materiel, money, and ideology, while the U.S. supported the pro-western Lon Nol government in an attempt to defeat the Khmer Rouge and stop the spread of Communism. As Peter Rodman writes in a 1981 American Spectator article on Sideshow: "By no stretch of moral logic can the crimes of mass murder be ascribed to those who struggled to prevent their coming into power."

Myth #4: "American ruthlessness turned Communists into totalitarian fanatics." [Via historian Philip Windsor, quoted by Noam Chomsky and Bernard Herman in Manufacturing Consent (1988).]

In addition to bearing responsibility for bringing Pol Pot to power, the American bombing is also guilty of pushing the Khmer Rouge over the edge into insanity. Nixon and Kissinger are therefore guilty of war crimes, with the blood of 1.7 million Cambodians on their hands.

This myth is an international relations version of the "society made me do it" defense for the brutal criminal, akin to blaming mass murder on police brutality. It transforms the Khmer Rouge from aggressors to helpless victims reacting to aggression.

The theory that violence generates violent retaliation may make sense on a psychological level, but it is implausible that the Khmer Rouge's "auto-genocide" -- the systematic campaign of destruction of their own people -- was motivated by desire for revenge against Americans. During the Khmer Rouge reign from 1975-79, Cambodia was isolated from the outside world; the last American bomb fell in August 1973.

Historical examples also contradict this theory: The ruthless Nazi blitzkrieg did not transform Londoners into totalitarian fanatics.

This myth did, however, alleviate the antiwar Left of any responsibility it might have felt for pressuring Congress to withdraw the financial support for South Vietnam promised in the Paris Peace Talks, which certainly played a role in southeast Asian dominoes falling in 1975: Cambodia on April 17, South Vietnam on April 30, and Laos on November 28.

*

Today, the Khmer Rouge has few enthusiastic defenders. In Jean-François Revel's wry phrase, "One of the most richly enrolled clubs on the planet is the Enemies of Past Genocides." But it is not enough to condemn the Khmer Rouge; we must condemn the Marxist ideology that motivated them.

Peter Wilson has a large extended family of Khmer Rouge survivors and has worked on children's television in Cambodia. His blog is walkingdogcapitalist.

22 January, 2010

Lost in Cambodia

guardian.com.uk
* Andrew Anthony
* The Observer, Sunday 10 January 2010



Why did a radical British professor become a cheer-leader for Pol Pot? And why was he murdered on the very day he'd met the brutal dictator? Andrew Anthony on the extraordinary life and death of Malcolm Caldwell


The name of Malcolm Caldwell is remembered now by very few people: some friends, family, colleagues, and students of utopian folly. In the 1970s, though, Caldwell was a major figure in protest politics. He was chair of CND for two years, a leading voice in the anti-Vietnam war campaign, a regular contributor to Peace News, and a stalwart supporter of liberation movements in the developing world. He spoke at meetings all over the country, wrote books and articles, and engaged in public spats with such celebrated opponents as Bernard Levin.

The name of Kaing Guek Eav is, arguably, known by even fewer people, at least outside of Cambodia. Instead it is by his revolutionary pseudonym "Duch" that Kaing is usually referred to in the press. Duch is the only man ever to stand trial in a UN-sanctioned court for the mass murder perpetrated by the Cambodian communist party, or the Khmer Rouge, in the late 1970s. His trial on charges of crimes against humanity, grave breaches of the Geneva Conventions, and homicide and torture concerning thousands of victims, drew to a close in November. Justice has taken more than 30 years, but a verdict and sentence are expected sometime in the next few weeks.

Although their paths crossed only incidentally, the two men shared two main interests. They both had a pedagogic background: Caldwell was a history lecturer at the School of Oriental and African Studies (SOAS), University of London, while Duch, like many senior Khmer Rouge cadres, started out as a schoolteacher. And they both maintained an unbending belief in Saloth Sar, the leader of the Khmer Rouge revolution, who went under the Orwellian party title of Brother Number One, but was known more infamously to the world as Pol Pot. It was an ideological commitment that would shape the fate of both men and they held on to it right up until the moment of death – in Caldwell's case, his own, for Duch, the many thousands whose slaughter he organised.

In each circumstance, the question that reverberates down the years, growing louder rather than dimmer, is: why? Why were they in thrall to a system based on mass extermination? It's estimated that around two million Cambodians, more than a quarter of the population, lost their lives during the four catastrophic years of Khmer Rouge rule. What could have led these two individuals, worlds apart, to embrace a regime that has persuasive claim, in a viciously competitive field, to be the most monstrous of the 20th century?

When Caldwell appeared at SOAS for an interview in the late 1950s, the senior faculty thought that they had landed one of the academic stars of the future. Caldwell, who took his PhD at Nottingham University, had gained a reputation as a bright young talent and, according to college legend, he presented himself as a sober scholar.

"So they hired him," recalls Merle Ricklefs, a former SOAS colleague and now a history professor at the National University of Singapore. "Then he showed up for lectures and suddenly he was this Scottish radical with long hair, looking unkempt, and they felt as though they'd been betrayed.

"I thought he was actually a very good economic historian," says Ricklefs, who remembers "an extraordinary character… very ideologically committed". He was also struck by his warmth and good manners. As a young American, who dressed in conservative fashion, arriving in England during the height of the Vietnam war, Ricklefs expected to be greeted with a certain amount of antipathy, but he found Caldwell to be "always cordial. Always looking slightly dishevelled and revolutionary, but never the slightest hint of discourtesy."

The picture of a friendly, if rather unconventional character, is confirmed by others who knew him. Professor Ian Brown was Caldwell's successor at SOAS and he was also his former student. "He was well liked – I suspect not by the SOAS hierarchy," says Brown, "but certainly loved by students and colleagues."

He describes a "skinny, somewhat emaciated, rather scruffy character who, bizarrely, always used to wear a suit – though it was clearly a suit that had been bought in the 1950s equivalent of Oxfam and not seen too many dry cleaners." Caldwell never hid his politics from his students, indeed he made a point of proselytising to them. One of his protégés was Walter Easey, who, according to Easey's obituarist, Caldwell converted to "a fierce and angry communism". But to Professor Brown, "he was a gentle person, quietly spoken, and very tolerant of opposing views. He treated everyone well. He was very encouraging and a really inspiring teacher."

Both Brown and Ricklefs use the same word to describe this well-travelled, extremely well-read and highly intelligent man: naive. SOAS, says Brown, was a college whose standing and ethos rested upon sound empirical study. "Everyone else in the history department went off every summer to the archives in Rangoon, Baghdad, etc, and got deep inside the data. Malcolm didn't. He was a man with very clear theoretical and ideological views and the empirical basis didn't seem to worry him hugely."

It's not that Caldwell was lost in bookish abstraction, for he did visit the various communist regimes he extolled. It was more that when he got there he was all too willing to accept state propaganda as verified fact. For example, he praised the "magnitude of the economic achievements" of Kim Il-Sung's impoverished North Korea and, returning from a trip to the highly secretive state, he wrote that the country was "an astonishing tribute not only to the energy, initiative and creativeness of the Korean people, but also to the essential correctness of the Juche line". "Juche" was the mixture of ultra-nationalism and self-reliance on which Kim built his monumental personality cult. About the totalitarian surveillance and ruthless political repression, Caldwell said nothing.

Although academic traditionalists may have disapproved of Caldwell's slanted scholarship, many idealistic students were inspired by his lectures. Tariq Ali, who became famous as a 1968 student leader, recalls going to see him talk on southeast Asia when Ali was at Oxford. They soon got to know each other and in the summer of 1965 went to a peace conference together in Helsinki. "We had to fly to Moscow," says Ali, "then there was a train, via Leningrad as it was then, to Helsinki. We talked a lot and became very friendly. It was later on that his Cambodian deviation was a bit off-putting. And he could never completely explain it."

At one time, the pair discussed opening a Vietnamese restaurant as a sort of act of antiwar gastro-prop. "He would say that after a few drams," Ali recalls. "He was a great whisky drinker. He was also a great cricket fan and an early Scottish nationalist."

Cricket is mostly followed in Scotland by the upper classes, but Ali got the impression that his old friend came from a middle-class background. His Wikipedia entry states that he was the son of a miner. "You know," says Ali, "we never bothered about these things. We were so totally immersed in politics and the state of the world, we never really talked about each other, our personal lives or social backgrounds."

In seeking to understand why this idealistic Scotsman became a cheerleader for Pol Pot, it would be wrong to consign him to the maverick margins. A member of the Labour Party, he stood as a candidate in the 1977 local elections in Bexley. John Cox, who followed in Caldwell's footsteps as chair of CND, is adamant that there was nothing out of the ordinary about his predecessor's politics. "He was well in the mainstream of what I would call generally progressive liberal thinking," says Cox.

This idea that support for the most illiberal systems of government is all part of the liberal tradition is one of the more bemusing aspects of progressive politics. But the missing factor in the equation is the view that the United States of America is the ultimate villain. The background to the brutality visited on Cambodia was the brutality visited on Vietnam by US forces.

Although the Vietnam war was more complex than is often acknowledged (the tensions between North and South, for example, long predated the war), the Americans essentially inherited France's colonial conflict. But they fought it in the context of the Cold War. As much as US administrations may have seen the battle as one between communism and the free world, to the majority of Vietnamese it was a liberation struggle.

In an effort to close down North Vietnamese supply lines to the South, the US also launched a devastating bombing campaign on neighbouring Cambodia. Instead of winning the war in the former, it served only to destabilise the latter. To make matters worse, an American-supported coup put in place the corrupt government of Lon Nol in Phnom Penh. So there was a tendency among many anti-war protesters to see the Khmer Rouge as just another national liberation movement, fighting to escape from under the American yoke.

One man who observed the truth up close, four years before the Khmer Rouge came to power, was a French ethnologist called François Bizot. In 1971, while out researching Buddhist practices, he was captured in the Cambodian countryside by Khmer Rouge insurgents. He was held captive with scores of Cambodian prisoners at the M-13 prison camp, a precursor to the 196 santebal (secret police) offices that were set up after the Khmer Rouge seized power. The head of the camp, and the Frenchman's tireless interrogator, was Duch.

Bizot wrote about the encounter in a remarkable memoir called The Gate. After three months, during which he was shackled and repeatedly accused of being an American spy, he was suddenly released – all the other prisoners were executed. So relieved was the Frenchman that he asked Duch if he would like a gift. His jailer thought for a while and then replied, "with the look of a child writing to Father Christmas, 'The complete collection of Das Kapital by Marx.'"

Three days before Christmas in 1978, Malcolm Caldwell received an early present. On the final day of a two-week tour of Cambodia, he was told that he would meet Pol Pot. This was indeed a rare privilege. Unlike most other communist leaders, Pol had not created a personality cult. There were no posters of him. He was seldom seen or quoted. Many Cambodians had not even heard of him. Only seven westerners were ever invited to what had been renamed Democratic Kampuchea. And Caldwell was the first and only Briton.

There were several reasons why Caldwell had been received in Phnom Penh. He was on good terms with China, Cambodia's main ally in the region. There were also growing tensions between Cambodia and its larger neighbour Vietnam and, fearful of an invasion, Pol Pot was belatedly attempting to improve Kampuchea's image abroad. Most of all, while other supporters had wavered, Caldwell had remained steadfast. Only months before, he had written an article in the Guardian, rubbishing reports of a Khmer Rouge genocide. He cited Hu Nim, the Kampuchean Information Minister, who blamed the deaths on America. Caldwell was unaware that Hu had himself already been tortured to death in one of Pol Pot's execution centres. Such killings that the Khmer Rouge had committed, argued the peace activist, were of "arch-Quislings who well knew what their fate would be were they to linger in Kampuchea".

Travelling with Caldwell were two American journalists, Elizabeth Becker and Richard Dudman. Becker had been a foreign reporter in Phnom Penh during the civil war that brought the Khmer Rouge to power. She knew the terrain, and had been to Thailand to talk to refugees. She and Caldwell argued endlessly about the true nature of the situation.

"He didn't want to know about problems with the Khmer Rouge," she says. "And that carried over to not wanting to know about problems between Cambodia and Vietnam. He was stuck in '68 or something."

Yet for all their disagreements, she liked Caldwell. "He was a lovely man, very funny, very charming," she says. "A real sweetie. He was also very homesick for his family and he said he'd never spend another Christmas away from them."

According to Becker, Caldwell had not read François Ponchaud's Cambodia: Year Zero, the book that first catalogued the Khmer Rouge genocide. A friend of François Bizot, Ponchaud was a Catholic missionary who was in Phnom Penh when the victorious Khmer Rouge army marched into town. His book became required reading for anyone interested in what was happening in Cambodia. "The fact that Malcolm, a professor, had not read it before he went, that I couldn't believe," says Becker. "I think it was almost ideological that he didn't read it."

It's perhaps not that strange that Caldwell had neglected to read Ponchaud, given that he had already dismissed the Frenchman's credibility in print. He based his damning opinion on a brief extract of Year Zero which the Guardian had published and a critique of the book by the American academic, Noam Chomsky. An icon of radical dissent who continues to command a fanatical following, Chomsky had questioned the legitimacy of refugee testimony that provided much of Ponchaud's research. Chomsky believed that their stories were exaggerations or fabrications, designed for a western media involved in a "vast and unprecedented propaganda campaign" against the Khmer Rouge government, "including systematic distortion of the truth".

He compared Ponchaud's work unfavourably with another book, Cambodia: Starvation and Revolution, written by George Hildebrand and Gareth Porter, which cravenly rehashed the Khmer Rouge's most outlandish lies to produce a picture of a kind of radical bucolic idyll. At the same time Chomsky excoriated a book entitled Murder of A Gentle Land, by two Reader's Digest writers, John Barron and Anthony Paul, which was a flawed but nonetheless accurate documentation of the genocide taking place.

We can never know if Caldwell would have taken Ponchaud more seriously had Chomsky not been so sceptical, but it's reasonable to surmise that the Scotsman, who greatly admired Chomsky, was reassured by the American's contempt. In any case, the 47-year-old Caldwell arrived in Cambodia untroubled by the story that Ponchaud and others had to tell. In fact, he had just completed a book himself that would be posthumously published as Kampuchea: A Rationale for a Rural Policy, in which he wrote that the Khmer Rouge revolution "opens vistas of hope not only for the people of Cambodia but also for the peoples of all other poor third world countries".

With Dudman and Becker, Caldwell was escorted around the country to a series of staged scenes. Alarmed by the changes she saw and frustrated by what she was not allowed to see, Becker grew increasingly combative with her hosts. "It was so clearly awful," says Becker. "One of the problems was the absence of what I saw. The absence of people. And that's a different kind of proof to 'I don't see any people being executed.'"

Caldwell was not unduly bothered. "He preferred to stay in the car and laugh at the clumsy photo opportunities prepared for us," Becker wrote in her book on Cambodia, When The War Was Over.

"He'd travelled to other communist countries," she tells me now, "and he knew exactly what the PR routine was and he thought that all governments do PR. He did not know Cambodia, and he didn't speak the language. If you don't speak the language, don't know the country, you can edit out a little more easily."

At the end of the tour, the party returned to Phnom Penh, which Dudman described as "a Hiroshima without the destruction, a Pompeii without the ashes". They stayed at a guest house near the centre of Monivong Boulevard, one of the empty city's main thoroughfares. Close by was the secret facility of Tuol Sleng, a former school that had been turned into an interrogation centre. Known as S-21, Tuol Sleng specialised in gaining confessions through torture. Between 14,000 and 16,000 prisoners – men, women and, most hauntingly, children – passed through its gates, including Hu Nim. Only seven survived. It was run by Duch.

Nowadays Tuol Sleng is a genocide museum, and an established part of the southeast Asian tourist trail. Although they were intent on erasing history, Pol Pot and his senior cadres were obsessed with the accomplishments of the 12th-century Hindu dynasty that built the temple complex of Angkor Wat and constructed elaborate dam and irrigation systems. They considered their own contribution to Khmer culture to be of a similar, if not greater, significance. It speaks eloquently of the Khmer Rouge's achievements that, while Angkor Wat remains the country's main tourist attraction, the next most popular sights for visitors are Tuol Sleng and the Killing Fields at Choeung Ek, where the prisoners from S-21 were taken to be "smashed" – usually with an ox-cart axle. A ghost town under the Khmer Rouge, Phnom Penh is now a bustling, sprawling city, dense with people and commercial activity. In May 1975, one month after the Khmer Rouge evacuated the capital, the Swedish author Per Olov Enquist wrote: "The brothel has been emptied and the clean-up is in progress. Only pimps can regret what is happening."

If that was blatant wishful thinking, it's an unpalatable truth that the pimps have returned. A potent mix of Developing World poverty, cheap flights and sexual licence has made Cambodia a magnet for sex tourists and paedophiles. The upmarket hotels around the riverside are full of western and Japanese businessmen, and a certain kind of furtive middle-aged traveller, stubble-chinned and plump-stomached, is a conspicuous presence in the bars and clubs frequented by young and under-age prostitutes.

Cambodia has just two seasons: wet and dry. It either rains or it doesn't, a binary climate that may have helped shape the Khmer Rouge Manichean view of the world – revolutionary or counter-revolutionary, insider or outsider, good or bad. It was the dry season when I visited in late November, and a cooling wind blew through the hot, polluted streets. At first sight, Tuol Sleng's large courtyard, lined with coconut palms, provides welcome respite from the noise beyond. A respectful silence is maintained by visitors, including groups of western backpackers, with their cameras and guidebook glaze. The three-storey buildings have been left pretty much as they were abandoned in 1979, slightly dilapidated with jerry-built cells, barbed-wire fences and medieval instruments of torture. The effect is to transport the visitor not just back in time, but also into the reptilian depths of the imagination, a merciless place of zero compassion.

In the courtyard of the prison is a poster listing the rules of the camp. None of them makes for pleasant reading. For example, number 2 states in an imperfect translation: "Don't try to hide the facts by making pretexts this and that. You are strictly prohibited to contest me." It vividly articulates the mentality that shaped S-21, and indeed Kampuchea beyond, the relentless determination to remove every option from the prisoner – and citizen – to reduce them to absolute compliance. But perhaps the most disturbing is number 6: "While getting lashes or electrification you must not cry out at all." Denied every human and judicial right, the inmates were also refused the one prerogative of the tortured: the right to express pain.

I visited the archive on the second floor of the building, where some of the 4,000 files the Vietnamese discovered are housed. Here, I was brought the "confession" of John Dewhirst, a 26-year-old teacher from Newcastle who was captured in 1978, while sailing with friends through the Gulf of Thailand. Intercepted by a Khmer Rouge patrol boat, they were placed in S-21 and tortured over the course of a month. As the weeks passed, Dewhirst made a series of ever more bleakly surreal confessions. They start out as straightforward biography – he explains that he had studied at Loughborough University. Then he admits to being a CIA agent, recruited at Loughborough where the CIA, he is made to say, maintains one of its covert training bases. It "was housed in a building disguised as the Loughborough Town Council Highways Department Surveyor's Office". He also reveals that his father is another CIA agent, using the cover of "headmaster of Benton Road secondary school". Dewhirst was murdered by the Khmer Rouge in 1978.

S-21 was not concerned with the truth. Its only aim was to derive the fullest possible confession in accordance with party requirements. In his book Voices From S-21, the historian David Chandler quotes Milan Kundera's phrase (used to describe the Soviet bloc secret police) of "punishment seeking the crime" to sum up the prison's project. To this end, the most depraved techniques – electric shocks, rape, the forced eating of excrement, medical experimentation, flaying, and lethal blood extraction – were employed. It's hard to comprehend that these agonies were not just formalities, they were preliminaries. It wasn't a question, on arriving at the prison, that an inmate would be lucky to get out alive. He or she would be lucky to get out just dead. A guidebook for interrogators clarified the issue: "The enemies can't escape from torture; the only difference is whether they receive a little or a lot."

The precise level of punishment was decided upon by Duch. If the confession was not sufficiently elaborate, the punishment was increased. In these situations Duch impressed upon his staff that "kindness is misplaced". Some interrogators were more disposed to brutality than others. And some were simply demented sadists. The most sadistic of them all went by the name of Toy, a pitch-black irony that his English-speaking victims were in no position to appreciate. In recent testimony, a prison guard recalled that one of Dewhirst's party (either the young teacher himself or the New Zealander or Canadian travelling with him) was burned alive in the street. The order that they be incinerated came directly from Pol Pot.

Just a few months after that grisly murder, Caldwell prepared himself to meet the man who commissioned it. The Scotsman knew little or nothing of Dewhirst's fate. Instead his mind was on agrarian revolution. Caldwell believed that the world was accelerating towards a global famine and that the answer was Developing World self-sufficiency. But Cambodia was a strange place to test his theory. As Professor Ian Brown notes: "This is a part of the world that historically had not been a food-deficient area, so you wouldn't go looking for a crisis there. Again, that seems to indicate a more fundamental flaw in his approach: he comes at it with a theoretical position. And therefore he'd search for an argument, not necessarily evidence, that will sustain that."

In Pol Pot, Caldwell found someone with an argument that suited his purposes. Pol's plan was a massive increase in rice production to finance Cambodia's reconstruction. It required collectivisation and slave labour, though Caldwell preferred to see the effort in terms of spontaneous revolutionary spirit. In the event, owing to the shortage of technicians and experts (who were killed as class enemies) and lack of peasant support, production fell well short of targets. But terrified of underperforming, regional commanders still sent their designated contribution to be exported. The result was the opposite of self-sufficiency: famine. Unable to accept the shortcomings in his plans, Pol instead blamed spies and counter-revolutionaries, and that meant that, in the absence of rice, spies and counter revolutionaries had to be produced. The network of torture camps was the only area of Democratic Kampuchea's infrastructure that met its targets.

Of these dreadful facts, Caldwell remained ignorant on the Friday morning in Phnom Penh that he was taken in a Mercedes limousine to see Pol Pot. The setting for the meeting was the former Governor's Palace on the waterfront, built during the French colonial period. In a grand reception room replete with fans and billowing white curtains, the two men sat down and discussed revolutionary economic theory.

Becker had met Pol Pot earlier the same day, and in When the War Was Over she writes: "He was actually elegant, with a pleasing face, not handsome but attractive. His features were delicate and alert and his smile nearly endearing."

The perennially shabby academic and the fastidious dictator must have made for an odd couple. In any case, Caldwell left the meeting a happy man. He returned to the guest house he was sharing with Becker and Dudman, full of praise for Pol Pot and his political outlook. "We went over stuff," says Becker. "He thought he had had a good conversation. He had avoided at all costs any discussion of Vietnam. And he was looking forward to going home."

That night they all had dinner together and afterwards Dudman went to his room. Becker and Caldwell "stayed at the table to have our last argument about Cambodia". He took the longer view and said that the revolution deserved support. She, on the contrary, was even more convinced of the refugees' testimonies. "That night," she writes, "Caldwell tried once more to get me to change my mind."

Becker went to bed at 11pm and was woken a few hours later by the sound of what she took to be dustbins. Coming to her senses, she realised there were no dustbins in Phnom Penh. What she had heard was gunfire. She opened her bedroom door to see a young man pointing a pistol at her. He was wearing two bands of ammunition and carrying an automatic rifle over his shoulder. She begged him not to shoot and locked herself in her bathroom.

Meanwhile Dudman had woken up and, looking out of his window, saw a file of men running along the street. He knocked on Caldwell's door. The two men spoke briefly and then a heavily armed man approached. The man shot at the floor and Dudman ran into his room. Two shots were fired through his door. The two Americans remained hiding in their rooms for the next hour before an aide arrived and told Becker to stay where she was. Almost another hour passed before she was allowed to come out. Caldwell, she was told, had been shot. He was dead.

The Extraordinary Chambers in the Courts of Cambodia (ECCC) are located in a large, purpose-built court on the dusty outskirts of Phnom Penh. During the course of last year, hundreds of Cambodians made the trip out from the city and in from the countryside to bear witness to a long-overdue reckoning.

The lone defendant in the trial is a slim, well-preserved 67-year-old with small, sensitive eyes. With his thick grey hair and concentrated expression, he looks like a sprightly grandfather, a little stiff and formal, but sufficiently attuned to the contemporary world as to be smartly dressed in a Ralph Lauren shirt or, on another occasion, a cream cashmere roll-neck sweater. A giant bullet-proof glass screen divides the court from the auditorium, where 500 or more people sit watching the proceedings. Centre stage is Duch (pronounced "Doik" in Khmer), seated with his back to the audience. To his left is a bank of lawyers, and behind them in the corner the relatives of victims. In front of the defendant sit the judges, on an imposing two-tier stand. Ten years, some 400 staff, a dozen judges, a battery of international lawyers, an ongoing legal wrangle, and many millions of pounds is what it has taken to put Duch on trial.

Following Caldwell's murder, four guards assigned to the tourist's protection team were arrested and taken to S-21. Owing to the importance of their alleged crime, the commandant of the prison was instructed to head their interrogation. So the stories of Caldwell and Duch came together at the inevitable point of a torture camp. Here, amid bestial squalor, is where the liberation dream ended.

Two of the "confessions" made by guards referred to in their S-21 files as "the Contemptible Met" and "the Contemptible Chhaan", outline a baroque conspiracy involving many other people. The Contemptible Chhaan gives an explanation for the murder: "First, we were attacking to ruin the Party's policy, to prevent the Party from gathering friends in the world… And in attacking the guests on this occasion, we would not attack them all. It would be enough to attack the English guest, because the English guest had written in support of our Party and the Kampuchean people for a long period of time already… Therefore, we must absolutely succeed in attacking this English guest, in order that the American guests would write about it."

Whether this was yet another example of innocent men implicating other innocent men, it's impossible to know. Certainly there must have been some kind of in-house involvement, as the guests were guarded. But who instructed the guards, and why they did so, remains a subject of speculation. Some argue that the Vietnamese were behind the killing, others that it was a function of an internal party struggle.

Caldwell's brother, David, wrote a letter to the Guardian, expressing his belief that "Mal" had "discovered the truth about the Pol Pot regime" but "dared not admit this to either Becker or Dudman". This seems unlikely. David Chandler told me that he once met the translator of the meeting between Caldwell and Pol Pot, who remembered a very pleasant exchange conducted in a spirit of enthusiastic agreement. If that anecdote suggests Caldwell died a dedicated Pol Potist, it tells us little about Pol, a man for whom the word "inscrutable" might have been invented. As his deputy, Ieng Sary, later recalled: "Pol Pot, even when he was very angry, you could never tell. His face… his face was always smooth. He never used bad language. You could not tell from his face what he was feeling. Many people misunderstood that – he would smile his unruffled smile, and then they would be taken away and executed."

But why would he seek international support by killing one of his few remaining friends from abroad? It makes no sense. "Don't apply rational thinking to the situation," Becker cautions. "It was crazy. Crazy. Malcolm's murder was no less rational than the tens of thousands of other murders." The journalist Wilfred Burchett claimed to have seen a Cambodian report not long after Caldwell's death, which stated that he "was murdered by members of the National Security Force personnel on the instructions of the Pol Pot government". Burchett theorised that Caldwell had changed his mind about the regime, but all the available evidence indicates otherwise. In the end, Becker's conclusion seems to be the most satisfactory: "Malcolm Caldwell's death was caused by the madness of the regime he openly admired."

The confessions of Caldwell's alleged killers were completed on 5 January 1979. Either that day or the following one, the four men were bayoneted to death in the prison itself. They were very possibly the last killings to take place at S-21. On 7 January, the Vietnamese army arrived in Phnom Penh, and Pol Pot and his associates fled into the jungle.

The contrast between the care taken to observe Duch's legal and human rights and the indifference with which he dispatched his victims is lost on no one. But as Philippe Canonne, one of the lawyers representing the relatives of the victims, said of the urge to inflict on Duch what he had meted out to his prisoners: "We must give voice to this sentiment, but then have the strength to transcend it."

It's this sort of resolution that has made the trial a legal landmark in a nation that has had little experience of the rule of law. That it was ever staged at all is a major accomplishment. For 20 years after the Vietnamese invasion, Duch lived at liberty. At first he followed the bulk of the Khmer Rouge into exile on the border with Thailand. After the fall of the Khmer Rouge, the US and China refused to accept the Vietnamese puppet government installed in Phnom Penh. In a shameful version of the principle that my enemy's enemy is my friend, they instead persuaded the UN to recognise a coalition resistance movement, of which the Khmer Rouge formed the major player. Thus Pol Pot was afforded the support of China, the protection of Thailand, and the indirect recognition of the United States.

For two decades the Khmer Rouge waged guerrilla warfare against the government in Phnom Penh. Then, in 1997, Pol Pot was placed under house arrest by his fellow Khmers Rouges. He died peacefully in his sleep on 15 April 1998. A year later the photojournalist Nic Dunlop found Duch working for a Christian relief agency. An interview was duly published and Duch handed himself in to the Phnom Penh authorities.

In theory, the trial is a joint effort between the UN and Cambodia, but the effort has been all the UN's. The Cambodian People's Party, which has ruled since Pol Pot was overthrown, is led by onetime Khmer Rouge members who, under threat of purging, had defected to Vietnam. One of these is Hun Sen, a former revolutionary soldier, who has been prime minister since 1985. His government was accused by Amnesty International of widespread torture of political prisoners, using "electric shock, hot irons and near suffocation with plastic bags". And for many years, senior former members of Pol Pot's government lived under protection in Cambodia, some with family links to the government. So there were several reasons why a major trial with international media coverage was potentially embarrassing or inconvenient.

After much pressure, in November 2007 the Cambodians finally arrested the four most senior surviving Khmer Rouge leaders: Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan. Their trial is scheduled to start in 2011, though few observers will be surprised if it is indefinitely delayed. All of them claim ignorance of any wrong-doing. Perhaps the most galling example is a long letter of evasion and self-justification that Khieu Samphan, Pol Pot's chief ideologue, wrote to Cambodian newspapers in 2001. "I do not see any importance in bringing up this tragic past. We would be better off to let everyone be at peace so that all of us can carry on our daily tasks… I tried my best for the sake of our nation's survival, so that we might enjoy development and prosperity like other nations. I am so surprised that this turned out to be mass murder."

In one form or another, this exculpation has been used over and again by the supporters of communist revolutions, from the Russian via the Chinese through to the Cambodian. Each new manifestation commanded the fervent advocacy of a new generation of radicals. Sooner or later the grim reality was revealed, which, paradoxically, only raised the hope that the next version would get it right. As the French philosopher Jean-François Revel has remarked: "Utopia is not under the slightest obligation to produce results: its sole function is to allow its devotees to condemn what exists in the name of what does not."

Somehow the link between Marxist-Leninist ideology and communist terror has never been firmly established in the way, for instance, that we understand Nazi ideology to have led inexorably to Auschwitz. As if to illustrate the point, earlier last year the ECCC announced that Helen Jarvis, its chief of public affairs, was to become head of the victims unit, responsible for dealing with the survivors, and relatives of the dead, of S-21.

Jarvis is an Australian academic with a longterm interest in the region, who was recently awarded Cambodian citizenship. She is also a member of the Leninist Party Faction in Australia. In 2006 she signed a party letter that included this passage: "We too are Marxists and believe that 'the ends justify the means'. But for the means to be justifiable, the ends must also be held to account. In time of revolution and civil war, the most extreme measures will sometimes become necessary and justified. Against the bourgeoisie and their state agencies we don't respect their laws and their fake moral principles."

Jarvis refused to speak to me about these matters. But Knut Rosandhaug, the UN's deputy administrator for the tribunal, said that the administration "fully supports" her. In this sense, although she was never a Pol Potist herself, Jarvis shows that the spirit of Malcolm Caldwell has survived the last century. It lives on in the conviction that the ends justify the means, and in the manner that liberal institutions can house the most illiberal outlooks.

The means, of course, always become the ends. Duch or someone like him is the method and the madness, the process and the final product. At least the man himself claims to grasp what continues to elude too many who should by now know better. In his deposition to the court, he said: "I clearly understand that any theory or ideology which mentions love for the people in a class-based concept is definitely driving us into endless tragedy and misery."

The following day, his lawyer, Kar Savuth, asked that Duch be acquitted and set free.

Caldwell didn't trouble himself with the means in Cambodia. He was too focused on an imaginary end, which meant that he never glimpsed the deadly real one approaching.

"He may have been starry eyed," says John Cox. "But we all do that. Even my local football team I support long after they've been destroyed match after match. It's a human failing."

A few days after Caldwell's murder, a testimonial was published in the Guardian.

"Caldwell," the writer said, "was an irreplaceable teacher and comrade whose work will undoubtedly suffer the customary fate of being better appreciated after his death."

As it turned out, history has forgotten Caldwell. But the amiable apologist for tyranny should be remembered, if only so that we don't forget history.★

10 December, 2009

From killing fields to US candidate

The Phnom Penh Post
Monday, 07 December 2009 15:02 James O'Toole

Sam Meas, the first Cambodian-American to seek congressional office, talks about growing up in war-torn Cambodia, his move to the US and his outlook on the Kingdom’s political situation.

Sam Meas, a 36-year-old investment analyst from Haverhill, Massachusetts, is a Republican candidate for the United States congress in Massachusetts’ 5th District. He is the first Cambodian-American to run for Congress, or any other state or federal office in US history. Sam Meas and a cousin crossed the border from Cambodia into Thailand’s Khao-I-Dang refugee camp in 1983. He came to the US to live with a foster family in 1986, and went on to graduate from Virginia Tech University in 1996. Sam Meas recently took time out from working and campaigning to conduct an email interview with the Post.

What were the most striking things about the United States for you when you arrived in 1986?
Our flight arrived in New York City at night from Europe. The view of the city from the plane was the most incredible sight I have ever laid my eyes on. Bright lights were lighting up the city grids from the ground. I thought it was heaven on earth.

The second striking feature was the highway system. A group of us took the taxi from the airport to the hotel. We were driven through underpasses, overpasses and underground tunnels. I was just mesmerised by the wonder of it all. The tall buildings and modernity of everything in America were just incredible. I had never seen any of these things before in my life.

Last but not least, I was pleasantly surprised by the kind and welcoming people in America. True to their reputation, Americans are kind, compassionate and caring people.

What are your memories of life in Cambodia under the Khmer Rouge?
I was very young when the Khmer Rouge took Kandal province; It has since been relayed to me that I was just 2 years old at the time. My father was arrested and never to be seen again, meaning that he, like so many other thousands of teachers and intellectuals, was executed....

My older brothers and sisters were drafted to be part of the Khmer Rouge’s new Army of Labour and sent to work far away. I never saw much of them after they left.... While my mother was putting in 12-hour days for Angka in the field, my brother and I spent our time between our mud hut and the day care centre at the communal kitchen. One of our jobs, besides fending for ourselves, was collecting cow manure....

I did witness individual murders and mass killing. My family was spared, I was told, solely because the local Khmer Rouge village chief attested that our family was part of the “liberated people” or “old people”.

What are your thoughts on the current state of politics in Cambodia?
Cambodia, like many other countries that are recovering from years of protracted civil war, is lacking much and needs rebuilding on so many fronts – the economy, education, healthcare, social justice, respect for the rule of law, respect for private property, human rights, independence of the judicial system and transparency and accountability at all levels of government – all at the same time.

Has some progress been made? The answer is yes. Can more be done and at a faster pace? Absolutely. Would the economy of Cambodia greatly benefit from an independent judicial system and greater respect for private property? I believe so.

On September 10, the US congress heard testimony from Cambodian witnesses who detailed a litany of human rights abuses allegedly perpetrated by the Cambodian government, with Sam Rainsy Party parliamentarian Mu Sochua claiming that Cambodian democracy is experiencing “an alarming free fall”. Do you find these testimonies credible?

This is all the more reason why there is an urgent need for an independent and transparent judicial system in Cambodia – so that any allegations, as well as lawsuits and countersuits, can be brought forward in the Cambodian courts. Only in an independent Cambodian court can the truth be found by a Khmer judge and the Khmer people. As a US congressman, I will fight to right these injustices.

Many Cambodians who grew up in America find themselves back in Cambodia after being deported for committing felonies as noncitizens. What is your position on this issue?
While I am strongly sympathetic to their plight, everyone must obey the law. So, I first strongly advise all legal immigrants to apply for US citizenship as soon as they are eligible.... Many of these deportees who grew up in the US came with their parents when they were very young and had ample time to apply for US citizenship. In a free society, one must be held responsible for one’s actions. They committed the felonies and aggravated felonies or drug trafficking, and are therefore responsible for their actions.

However, as an elected official, I would also like to examine the different agreements signed between the US and Cambodia, Vietnam and Laos.... It seems that there is variation in the agreements between the US and these countries.…Why is it that noncitizens from these countries are treated differently? The same crime must have the same punishment regardless of the perpetrator’s race or country of origin.

Have you been following the progress of the Khmer Rouge tribunal? If so, what are your thoughts on it and the role it is attempting to play in national reconciliation?
I have been following the Khmer Rouge tribunal. I think what needs to happen in order for the healing to begin is to model the tribunal on the truth commissions in South Africa. Those who committed the heinous crimes need to openly confess on record to the people and ask forgiveness from the victims and their families. No retribution or punishment.

What role does Buddhism play in your outlook on politics?
I am a Buddhist and believe in the teachings of our Lord Buddha. One needs to have compassion for human suffering. But each human being is held accountable and responsible for our actions. Therefore, there is a certain limited role of government in our daily lives. Each of us is responsible in ensuring that our government works for us.

Government should create a limited safety net for its citizens, but government should not be there to provide a handout and to take care of every need of its citizens. Citizens create and get the type of government they choose. Dictatorship and totalitarianism did not happen overnight. Be wary of a government that promises and gives too much, for that beneficence ultimately comes from what it takes from the people.

INTERVIEW BY JAMES O’TOOLE

23 November, 2009

Cambodia begins final arguments in KRouge jail chief trial

By Patrick Falby (AFP) – 23 Nove 09

PHNOM PENH — Cambodia's Khmer Rouge war crimes court on Monday began final arguments in its first trial, bringing the regime's prison chief closer to justice for the "Killing Fields" atrocities 30 years ago.

Kaing Guek Eav -- better known as Duch -- has apologised for his role in the horrors of the hardline communist regime, which killed up to two million people.

But civil lawyers representing victims argued Monday that Duch had failed to acknowledge the full extent of his guilt.

"Your honours must objectively, we say, review the evidence to determine whether or not what has been accepted by the accused amounts to full disclosure and the full truth," lawyer Karim Khan told judges.

"In large and important material particulars, even today, the accused has sought to evade or minimise his role and the awful reality that was S-21 (prison) and the regime that operated there and the fate and suffering that befell so many civil parties that we all represent."

The tribunal appointed civil party lawyers who represent the views of 93 of the regime's victims, seeking a harsh decision from the court.

The prosecution is scheduled to begin presenting its arguments Tuesday.

Duch is expected to apologise again this week as his defence bids to lessen his sentence.

Since his trial began in February, Duch, 67, has repeatedly asked for forgiveness for overseeing the murders of around 15,000 men, women and children at S-21 prison, a former high school also called Tuol Sleng.

He is charged with crimes against humanity, war crimes, torture and premeditated murder, and faces a maximum term of life in prison by the tribunal, which does not have the power to impose the death penalty.

A verdict is expected early next year.

Hundreds of Cambodians attended the specially built courtroom on the outskirts of Phnom Penh on Monday, watching Duch, who sat behind a huge bulletproof screen to prevent possible revenge attacks.

This week's proceedings will be broadcast live by all Cambodian television stations, court officials said.

Tuol Sleng prison was at the heart of the Khmer Rouge security apparatus and inmates were taken from there during Duch's tenure for execution at nearby Choeung Ek, an orchard now known as the "Killing Fields."

Led by "Brother Number One" Pol Pot, the Khmer Rouge was responsible for one of the worst horrors of the 20th century, wiping out nearly a quarter of the population through starvation, overwork and execution.

Rising to power as a tragic spin-off from the US conflict in Vietnam, the movement emptied Cambodia's cities to take society back to a rural "Year Zero," purging city dwellers, intellectuals and even people who wore glasses.

The Khmer Rouge was ousted by Vietnamese-backed forces after a reign of terror lasting three years, eight months and 20 days, but continued to fight a civil war until 1998. Pol Pot died in the same year.

Duch has been detained since 1999, when he was found working as a Christian aid worker in the jungle, and was formally arrested by the tribunal in July 2007.

The court has faced controversy over allegations of interference by the government and claims that Cambodian staff paid kickbacks for their jobs.

The joint trial of four other more senior Khmer Rouge leaders is expected to start in 2011.

The court is also investigating whether to open more cases against five other former Khmer Rouge cadres after a dispute between the international and Cambodian co-prosecutors over whether to pursue more suspects.

29 July, 2009

The U.N. in Cambodia

The New York Time
Published: July 28, 2009
To the Editor:

Re “Too Late for Revenge,” by Marshall Kim (Op-Ed, July 16), about Khmer Rouge trials and the role of the United Nations in Cambodia:

The trials are occurring 30 years after the end of the Pol Pot regime because United Nations member states continued for more than a decade to recognize the Khmer Rouge as Cambodia’s government and allowed them to occupy the country’s United Nations seat. The victims of the genocide were held hostage by cold-war politics, for which the world should feel enduring shame.

The trials do not constitute the entire mandate of the United Nations system in Cambodia. My own organization, Unicef, returned to Cambodia in 1979, just after the fall of Pol Pot’s regime. It devotes some $20 million a year to reduce maternal and child mortality, assure basic education and protect vulnerable children from the exploitation and abuse that are manifestations of continuing poverty.

Richard Bridle
Representative, Unicef
Phnom Penh, Cambodia, July 21, 2009

29 May, 2009

Judges must investigate corruption, scholar writes in Wall Street Journal

Judges must investigate corruption, scholar writes in Wall Street Journal

The Phnom Penh Post
Written by Elena Lesley
Thursday, 28 May 2009

Because the Cambodian Government, international donors and United Nations have failed to adequately address corruption allegations at the Khmer Rouge Tribunal, the court's judges are now the best hope for salvaging the ECCC's legitimacy, scholar John Hall writes in today's Wall Street Journal.

Failing to do so could "deal a fatal blow to the court's credibility," he writes.

In March, defense lawyers for Nuon Chea filed a request with the Co-Investigating, asking that they investigate the alleged kickback scheme at the court. The judges denied the request, saying it was outside of their jurisdiction. The defense teams are appealing that decision.

"Judges have a responsibility to ensure the proper administration of justice within their court," Hall writes. "The claim of the co-investigating judges that they lacked jurisdiction to investigate allegations of corruption involving court personnel was arguably in conflict with this core judicial responsibility."

Tribunal watchdog the Open Society Justice Initiative also released a report today highlighting alleged corruption at the tribunal.

"The combination of unaddressed corruption and the appearance of political interference is a toxic mix for the court," according to the report.

Comments by Prime Minister Hun Sen that the tribunal should not pursue additional prosecutions "are evidence of efforts to politically direct prosecutorial decision-making," OSJI writes.


Moreover, "the recent statements of government officials and concerns about interference threaten to put the UN, the donors, and the staff of the ECCC in the near-impossible position of either abandoning the ECCC or assisting a court that is destined to fail in fulfilling its mandate."


The dispute over additional prosecutions must be resolved as fairly and as transparently as possible, according to OSJI.

It seems that some announcement about the prosecutions should be forthcoming. Co-Prosecutor Robert Petit announced previously that if an oral hearing on the matter were to be held, it would be scheduled for June 5 -- next week.

In other court news, Khmer Rouge scholar Craig Etcheson finished his testimony before the tribunal today. I will post highlights tomorrow.

26 May, 2009

KRouge leader Pol Pot 'not a Cambodian patriot'

KRouge leader Pol Pot 'not a Cambodian patriot'


PHNOM PENH (AFP) — The former Khmer Rouge prison chief told Cambodia's UN-backed war crimes trial on Tuesday that the regime leader Pol Pot "had blood on his hands" as he pitted his country against neighbouring Vietnam.

"I did not think of Pol Pot as a patriot. He had blood on his hands. Pol Pot used the slogan that if we wanted to defeat the Vietnamese we had to be clean in our ranks and clean in ourselves," Duch told the court.

Duch is accused of overseeing the torture and extermination of some 15,000 people who passed through the notorious Tuol Sleng prison, also known as S-21, during the late 1970s regime.

"In that conflict Pol Pot was a murderer, and more than one million people were killed under the hand of Pol Pot. At S-21, my hand is stained with the blood of people killed there," said Duch, whose real name is Kaing Guek Eav.

Duch was responding to testimony by Nayan Chanda, former editor of the Hong Kong-based Far Eastern Economic Review, who spoke of how the Khmer Rouge's 1975 communist revolution descended into a bloody territorial conflict with Vietnam.

Duch said that Chanda had mis-named his book about infighting between Asia's communists, "Brother Enemy," because Cambodia regarded Vietnam as a rival.

"The title of your book is 'Brother Enemy'. If you talked about Korea, then I would support it. They have a joint history, they have a joint territory and they have a joint language," Duch said.

"As for us and Vietnam, we never had any joint territory."

Duch, who faces life in jail for alleged crimes against humanity, apologised at the start of his trial in late March for his role in the regime, but maintains he never personally executed anyone.

Khmer Rouge leader Pol Pot died in 1998, and many believe the tribunal is the last chance to find justice for victims of the regime, which killed up to two million people.

The tribunal was formed in 2006 after nearly a decade of wrangling between the United Nations and the Cambodian government, and is scheduled to try four other senior Khmer Rouge leaders.

02 May, 2009

Fears for premature end to Khmer Rouge tribunal

Fears for premature end to Khmer Rouge tribunal

Published: Monday 13 April 2009 12:23 UTC
Last updated: Monday 13 April 2009 13:38 UTC

In an interview with Radio Netherlands Worldwide, Dutch lawyer Viktor Koppe says he fears a premature end to the international Cambodia Tribunal in Phnom Penh. The tribunal was set up to try senior members of the Khmer Rouge for crimes against humanity. Mr Koppe is defending one of its leaders. Although the tribunal consists of judges from both the United Nations and Cambodia, Mr Koppe believes political interference by the Cambodian government is threatening its successful conclusion.

The Khmer Rouge was the ruling political party in Cambodia from 1975 to 1979. During that rule, an estimated 1.5 million people died from torture, execution, starvation or forced labour. Today, many of the party's leaders and supporters occupy important government positions in Cambodia. This, says Mr Koppe, is prompting the government to question which of those former leaders should be prosecuted. He believes there is a very strong possibility the Cambodian government will remove the United Nations from the tribunal sometime in 2009.

01 May, 2009

Japan donates $4 million to Khmer Rouge tribunal

Japan donates $4 million to Khmer Rouge tribunal

By SOPHENG CHEANG

PHNOM PENH, Cambodia (AP) — Japan has donated $4.17 million to the U.N.-backed genocide tribunal trying former Khmer Rouge leaders on war crimes charges, just as the troubled court was running out of funding, a court official said Friday.

The money will be used to offset a salary shortfall for 251 court staffers until at least the end of the year, tribunal spokesman Reach Sambath said. The court has been troubled by political wrangling and allegations that some Cambodian officials were demanding kickbacks from people trying to secure jobs with it.

The tribunal is tasked with seeking justice for atrocities committed by the Khmer Rouge during their four years in power in the late 1970s. An estimated 1.7 million Cambodians died under the radically communist regime from forced labor, starvation, medical neglect and executions.

"The donation arrived on time since the Cambodian side of the court was running out of budget. We really appreciate what the Japanese government has done," Reach Sambath said.

The donation comes as Kaing Guek Eav, alias Duch, is being tried by the tribunal for crimes against humanity, war crimes, murder and torture.

The 66-year-old Duch (pronounced Doik) commanded the Phnom Penh prison, where as many as 16,000 men, women and children are believed to have been tortured before being sent to their deaths. Only a handful survived.

Four other former Khmer Rouge leaders, aging and infirm, are being held for trial on charges of crimes against humanity and war atrocities. The are likely to be tried in the next year or two.

The tribunal operates under the joint administration of Cambodia and the U.N., which have separate budgets. In January, Japan gave $21 million to the U.N. side of the operation.

In March, Japan donated $200,000 to the Cambodian side for that month's payroll.

"Japan places a great emphasis on the progress of the Khmer Rouge tribunal, as it believes that this process will promote peace, democracy, the rule of law and good governance in Cambodia," a statement from the Japanese Embassy said.

Copyright © 2009 The Associated Press. All rights reserved.

29 April, 2009

The Trouble With the 'Genocide' Label

The Trouble With the 'Genocide' Label

The Current Discussion: Today is "Genocide Remembrance Day "in the Armenian community, a particularly strained time of year for Turkey and Armenia. What's a realistic first step forward toward reconciliation for each of these countries?

By Salil Tripathi

Turkey and Armenia have begun the slow, tentative waltz of rebuilding relations, after President Obama spoke in Istanbul, but did not use the G-word.

That was perhaps a wise decision, notwithstanding the strong emotive reason that propelled many to call a spade a spade, a machete a machete, and a genocide a genocide, leading to the Congressional Resolution. The truth is that ultimately only communities themselves can make the decision to leave the past behind. International leaders - even one as gifted as Barack Obama - can only play a limited role. (Sudan's conflict didn't stop when Colin Powell called the killings in Darfur a genocide, and few countries joined him in condemning the Sudanese leadership.)


This is a peculiar period in the world annals of our coming to terms with genocide. Cambodia is trying to account for genocide and killing fields by indicting Kaing Guek Eav, also known as Duch. India's ruling party withdrew a candidate for Parliament, partially in response to a shoe-throwing incident. (Credible human rights groups allege that the candidate was involved in the 1984 Sikh massacre, after two Sikh bodyguards assassinated former Prime Minister Indira Gandhi.) Tamils in Britain accuse the Sri Lankan army of committing genocide in Sri Lanka. Bangladesh's newly-elected government sets its sights on bringing to justice those accountable for the Pakistani Army's widespread killings of Bangladeshis in 1971.

And then there is Rwanda. This month is the 15th anniversary of the Rwandan genocide. In a recent issue of Paris Review, the French writer Jean Hatzfeld recalls the uneasy aftermath of dealing with released prisoners who had at one time massacred a community's loved ones. Hatzfeld's books - The Machete Season (2005), Life Laid Bare (2007), and The Antelope's Strategy (2009) -- are required reading for anyone who wants to understand the psyche of the perpetrator and the victim, of what makes a killer, and, as Hannah Arendt observed in the context of Eichmann, the banality of evil.

The fixation with the word 'genocide' comes from its emotive power. Among human rights abuses, genocide is arguably the worst, which is why governments fight tooth and nail to prevent others from calling their heinous acts as genocidal. The definition, developed after we discovered the horrors of Auschwitz and Buchenwald, is written bearing in mind the Nazi atrocities against the Jewish community. Those abuses made every preceding abuse seem less significant. With the definition was so precisely drafted, what were we to call Stalin's purges - or even Pol Pot's bloody rule - where a single ethnic group wasn't targeted, and where the masterminds of those genocides did not always get around to implementing policies that would prevent future generations from being born? These were mass killings, massacres, crimes against humanity. But they weren't quite like the Holocaust - just as the Holocaust wasn't quite like what happened in Cambodia between 1975 and 1979.

Genocide and Crimes Against Humanity are extremely powerful terms, which is why governments resent such characterization. The sad consequence is that diplomats then perform the delicate dance of defining the term more precisely, and argue whether a particularly horrendous abuse was genocide. Lost, amidst all this, are human impulses - of ethics, morality, revenge, justice, redemption, and compassion.

What happened in Turkey nearly a century ago - as indeed in Rwanda, Cambodia, Sri Lanka, Bangladesh, and Sudan - must never happen again. And yet Obama and other world leaders can only nudge governments to do the right thing. Ultimately communities and nations must develop the confidence and face the past, apologize where necessary, and forgive as appropriate. That requires a moral core, not legalism alone. The law helps and is of course necessary. But genocide is wrong not because the law says so, but because it is against our conscience.

22 April, 2009

KRT:Duch trial resumes as corruption charges fester

Duch trial resumes as corruption charges fester
Posted by Elena in ECCC, Duch

As you may have noticed, the tribunal (and I) have been on break for the Khmer New Year holiday. But after a one-week recess, the trial of "Comrade Duch" resumed Monday with testimony from former staffers at detention center M-13. Chan Voeun told the court Duch was "happy like a madman" while torturing prisoners and that he had seen the torture chief burn a female detainee's breasts with a lit torch. Questioning of Chan Khorn, who was only around 14 or 15 when he worked for Duch at M-13, took up all of Tuesday's session, although, as Ka-set pointed out in an interesting post, it's unclear how helpful either witness' testimony will be to the prosecution. Both seemed somewhat unsure of their answers and contradicted themselves at different points. (This may be partly due to audio translation issues, however, which I will address in an upcoming post.)[1]

Meanwhile, outside of the courtroom the tribunal continues to be plagued by unresolved corruption allegations. Local NGOs released a statement April 17 (the anniversary of the Khmer Rouge takeover of Phnom Penh) demanding that all charges be thoroughly investigated, with results made available to the public.
The declaration from the Asian Human Rights Commission and Cambodian Center for Human Rights was prompted by a recent decision made by Co-Investigating Judges at the tribunal. On April 3, they rejected a request from defense lawyers to publicly release the findings of a UN corruption probe. Co-Investigating Judges claimed that investigating corruption was outside their jurisdiction.

"Given that other potential avenues of redress have recently been blocked, this decision has essentially put an end to the recourse available for addressing corruption," members of of AHRC and CCHR wrote in response.

More from the statement:

"Should institutional corruption be found to exist at the KRT -- and this now seems highly probable -- serious questions about the fairness of the trials would be raised. Corruption introduces an element of external control that affects both the tribunal's independence and the fairness of the trials -- a person paying kickbacks is not truly independent and impartial. Furthermore, the failure of the Cambodian government, the UN, and the national and international judges to properly address allegations of corruption has sent out a signal to Cambodians that corruption is tolerated and, when required, accountability disregarded. Impunity overrides accountability.

"Justice must not only be done but also be seen to be done. This issue of corruption, together with the widely reported sustained political interference, has very much undermined the dignity and reputation of the KRT, which it must have in order to assert its authority, maintain its credibility and win the public's trust. It casts doubt on the fairness of its trials, and this is unacceptable for a very costly tribunal which is expected to be 'a new role model for court operations in Cambodia.'"
[1] http://www.phnompenhpost.com/index.php/component/option,com_myblog/Itemid,149/show,corruption-25426.html/

08 April, 2009

Duch: the teacher who made sacrifices for the revolution, and the cadre who obeyed for fear of dying



Kambol (Phnom Penh, Cambodia). 06/04/2009: Kaing Guek Eav, alias Duch, explaining his allegiance to the Communist Party of Kampuchea during the trial at the ECCC. ©John Vink/ Magnum

On April 6th, the fourth day of the substantive trial of Duch - the former director of the S-21 detention centre where more than 15,000 prisoners died - debates were about the M-13 security centre of the Communist Party of Kampuchea (CPK), which Duch directed before his appointment to the newly-created S-21 centre in 1975. Facts linked to the centre do not come under the jurisdiction of the Extraordinary Chambers in the Courts of Cambodia (ECCC) since they occurred outside of the court’s mandate, before 1975. This short historical reminder aimed at shedding some light on the context in which S-21 came about, its structure and the way it worked, and also at clarifying the character of the sprightly sixty-six year-old. The hearing was seriously affected by translation issues.



The innovation of international criminal courts, where Common Law usually applies, invited itself at the ECCC: the defendant was subjected to a cross-examination before the ECCC, a process which is usually proper to the Civil Law system. Indeed, Duch was questioned by the court and for the M-13 dossier, it is French Judge Jean-Marc Lavergne who conducted the interrogation with pertinence.

Revolutionary commitment
Duch’s interest in the Marxist-Leninist revolution dates back to 1964, he explained, i.e. when he was a student at the National Institute of Pedagogy, where two of his teachers aroused his interest in politics. “My commitment was whole-hearted. I sacrifice everything”: a great part of his salary and even regular visits to his parents... Late 1967, after attending a training course provided by the Communist Party of Kampuchea (CPK), he was made to swear allegiance to the party, in order “to serve the party and the people in the best way, all his life, and to sacrifice everything” for the revolutionary cause. A few weeks later, he was arrested by Prince Sihanouk’s judicial police for “having endangered the security of the state”, with the collaboration of a foreign power. He was sentenced to 20 years of hard labour and was released on April 3rd 1970 thanks to General Lon Nol’s coup, which resulted in the release of all political prisoners.

Among the main reasons which led Duch into revolutionary struggle, as he summed it up, there was a fierce will to defend the country and free the people, who were “then considered as oppressed”. “I was not afraid of being far away from my relatives, being incarcerated or dying and serving the revolution”, he said, and added that this spirit of sacrifice was “constantly” there with him. Yet, he later said he quickly decided to obey orders for fear of dying and claimed he was aware of the criminal nature of what was committed...

For the former S-21 supervisor, there is absolutely no doubt that “if Richard Nixon had not helped Lon Nol in his coup and if the Khmer Rouge had not cooperated with Prince Sihanouk, the Khmer Rouge would not have been able to lead their insurrection”. Thanks to Prince Sihanouk who urged Cambodians to go underground [after being toppled by Lon Nol], Khmer Rouge forces were able to grow stronger in 1970.” In an account of the Khmer Rouge movement as he knew it back then, Duch cleared the name of Khieu Samphan by saying that the latter was but a “simple outward image, and Pol Pot was the one who had been controlling the army from the very beginning”.

Choosing his revolutionary name
“We were asked [when they joined the ranks of the CPK] to change our names.” On top of that, Duch points out that his name – Kaing Guek Eav – was Chinese. But the Khmer Rouge rule was to bear a Khmer name. “I thought about Duch, the name of a very skilful sculptor whom my grandmother knew [...]. It was also the name of a student who used to hold his head high in pride and read out very clearly – he was mentioned in the first text of a primary school learning book. I liked that name, so I chose that one”.

Judge Lavergne corrects him: “The name then referred to a student who was particularly obedient and respectful, who was always ready to learn and carry out orders?” “Yes”, Duch says. But I wanted to be that well-disciplined boy who respected teachers and did good actions.”

A cadre who obeyed for fear of consequences?
Duch thought that once the revolution would be triumphant, he would be allowed to teach. “I did not expect to do what I was going to do!” The accused, who first proved his worth in the Khmer Rouge ranks as a political instructor for the army, admits he used to loathe his function at the M-13 centre. “I was not able to avoid that task. [...] It is natural that when a superior gives instructions, his subordinates obey!”

In an appendix added to his interrogation by co-Investigating Judges, Duch wrote a paragraph entitled “the influence of terror on me”. In it, he says he hated his “police work”. He cast aside the suicide option and that of facing his superiors. In order to soothe his internal conflict and find comfort, he used to recite every night a French poem and made sure he sought the truth in the confessions he got from prisoners, he says in the note. “I could not do anything else than carrying out this mission at the centre. Therefore I did not consider any other alternative than obeying orders so as to survive! [...] I was afraid of dying!” He then reported, looking ill-at-ease, that children had already started to appear at M-13 among ranks of prisoners.

When Judge Lavergne asked him to make a list of the particular qualities which the Party appreciated in him to the point of entrusting him with the direction of security centres, Duch mentioned “sincerity towards the party”, and the “meticulous” side of him regarding work. “For all my life, when I did something, I did it well!” Just like on that fourth day of trial: without the shadow of a doubt, he collaborates with the court. Most of the time, his eyes are in line with the camera and he suits the action to the word whenever he needs to. He modulates the intonations of his voice to make his account livelier. His head nods and he frowns. He answers everything and enumerates dates, places and names with the same strictness a teacher would show.

M-13, a prelude to S-21
After public apologies to S-21 victims the week before, Duch reiterated his request, but this time before M-13 victims. Were detainees subjected to ill-treatment? “They said that torture was inevitable” during interrogations, he says. The security centre was originally created to fight spies and protect the zone “liberated” by the Khmer Rouge. Duch admits that conditions of detention were “inhuman”. Medication was non-existent, food shares became scarcer in 1974 and prisoners were only given “rice dust” – “We kept them alive for interrogations”- and detainees were permanently chained to iron bars. Parallels with S-21 grip anyone who listens to descriptions. Judge Lavergne tried to emphasise this through his questions to the defendant.

As a background to the hearing, Duch’s answers reveal that right before they seized power, the Khmer Rouge were shaken in their ranks by internal conflicts and that obviously, all members did not necessarily approve of their policy.

Duch’s interrogation will continue on Tuesday April 7, after which Civil Parties, witnesses and experts will be heard before the Trial Chamber regarding the M-13 issue.

What was the revolutionary work in KR time? It was killing

Khmer Rouge jail chief talks of recruiting killers

AFP
8 April 2009

PHNOM PENH (AFP) — The Khmer Rouge regime's prisons chief told Cambodia's UN-backed war crimes court Wednesday how he recruited young peasants to be turned into torturers and killers.

Duch, whose real name is Kaing Guek Eav, last week apologised at his trial for crimes against humanity, accepting blame for the extermination of 15,000 people who passed through the regime's main prison, Tuol Sleng.

"The initiative to recruit staff was mine... We did not use the word 'killing office' -- they were invited to do revolutionary work. And what was the revolutionary work at the time? It was killing," Duch told the court.

The 66-year-old sat wearing a white polo shirt, answering questions about M-13 prison, a secret jungle centre he ran during the 1971 to 1975 Khmer Rouge insurgency against the then US-backed government, before he ran Tuol Sleng.

When M-13 needed staff, Duch said, he would send his deputy to villages to recruit young peasants, who were then subject to approval by the central Khmer Rouge leadership.

Duch has previously told investigators he preferred uneducated young staff "like a blank piece of paper" whom he could instruct to extract confessions of spying from prisoners under torture and then kill them.

Under questioning from his defence team, Duch described M-13 as a secret jail where staff regularly held "self-criticism" meetings aimed at eliminating individual personalities so they could be better communists.

Asked whether his subordinates feared him, Duch said: "I was a leader with authority."

"(My superior) Vorn Vet gave me that model, because whatever he said he would carry it out," Duch added.

However, his testimony also recounted the purging of Vorn Vet. Duch's mentor and former teacher introduced him to the communist movement in the 1960s, but was eventually killed under him at Tuol Sleng.

Khmer Rouge leader Pol Pot ordered Vorn Vet killed for failing to follow orders, Duch told the court.

"How many times he disobeyed the orders of brother Pol (Pot), I cannot say. However, he violated it to the degree that he lost trust of other (Party) members," Duch said.

The Khmer Rouge were in power from 1975 to 1979, the period when Duch is accused of supervising Tuol Sleng prison and sending thousands of people to their deaths in the so-called "Killing Fields."

The court this week is hearing about M-13 to better understand Tuol Sleng's organising structure.

The former maths teacher has denied assertions by prosecutors that he played a central role in the Khmer Rouge's iron-fisted rule.

Duch faces charges of war crimes, crimes against humanity, torture and premeditated murder for his role in the Khmer Rouge. He faces life in jail at the court, which does not have the power to impose the death penalty.

Pol Pot died under house arrest in 1998, and many believe the UN-sponsored tribunal is the last chance to find justice for victims of the regime which killed up to two million people.

The tribunal was formed in 2006 after nearly a decade of wrangling between the United Nations and Cambodian government, and is scheduled to try four other senior Khmer Rouge leaders.

UN assistant secretary general for legal affairs Peter Taksoe-Jensen held talks with senior Cambodian officials Wednesday to implement anti-corruption measures after claims Cambodian staff were forced to pay kickbacks for jobs.

Can Cambodia work on putting its dark past behind it?

War crimes trial holds out hope for Cambodia

Survivors of the killing fields are looking to a UN-sponsored court for justice, 34 years after the Khmer Rouge seized power. Andrew Buncombe reports


The Independent
Sunday, 5 April 2009

Comrade Duch sits behind a screen of glass. Designed to withstand the force of bullets, the screen also deadens the noise of the proceedings. Visitors to the public gallery – survivors, relatives of the dead and those who simply want to witness history – can use headphones if they want to hear better. A team of interpreters provides simultaneous translation in French, English and Khmer.


And yet, as Cambodia's landmark genocide tribunal finally began to hear evidence last week, in a specially constructed courthouse on the outskirts of Phnom Penh, the details that emerged could also have been described as being in another language: that of horror.

It is 35 years since the black-clad Khmer Rouge guerrillas swept out of the jungles of Cambodia and seized control of Phnom Penh, brutally forcing their country into an uncompromising, Maoist-inspired revolution that left an estimated 1.7 million people dead. And the horror of their four-year rule – a time of starvation, mass execution and sickness – still resonates, but it also mystifies. "For 30 years, a generation of Cambodians have been struggling to get answers for their fate," one of the two joint prosecutors, Chea Leang, told the court. "Justice will be done. History demands it."

Comrade Duch, or Kaing Guek Eav, is the first of five senior Khmer Rouge leaders to stand before the UN-sponsored court, charged with war crimes and crimes against humanity. The other four defendants – the regime's second-in-command, Nuon Chea; the former foreign minister, Ieng Sary; the former social affairs minister, Ieng Thirith; and the former head of state, Khieu Samphan – all held more senior posts than Duch.

But the 66-year-old's position as head of Tuol Sleng prison placed him at the very heart of the regime's killing operation. And the enduring horror of the prison, in a former secondary school in Phnom Penh, is among the reasons the regime's brutality today holds such a place in the popular imagination.

It was at Tuol Sleng, or S-21, that thousands of alleged enemies of the regime were brought to be tortured, interrogated and dispatched for execution on the so-called killing fields at the edge of the city. Of the estimated 14,000 people sent to the prison, just 12 are known to have survived. Today, six of those are still alive. Among those killed was John Dewhirst, a teacher from Newcastle, who was captured by the Khmer Rouge aboard a motorised junk off the Cambodian coast and taken to the jail. Today, the prison is a museum and an essential stop for any visitor to Cambodia. The photographs of thousands of prisoners, taken by their guards, stare from the walls. The metal bed frames to which they were shackled remain in place. Yet even that haunting place provides only a glimpse of the horrors that took place inside the former classrooms.

On Monday, dressed in a pressed white shirt tucked neatly into his trousers, Duch sat, seemingly without emotion, as the indictment was read to the court, detailing the torture and murder that he oversaw. His prisoners, the court was told, were thrown to their deaths, bludgeoned, their stomachs slit, smothered with plastic bags and their blood drained away by medics until they collapsed. The children of prisoners were apparently taken from their parents, taken to the third storey, and dropped to the ground floor. "Several witnesses said that prisoners were killed using steel clubs, cart axles and water pipes to hit the base of their necks," the indictment continued. "Prisoners were then kicked into the pits, where their handcuffs were removed. Finally, the guards either cut open their bellies or their throats."

What makes the drama of the trial even more compelling is that Duch has not sought to deny his involvement, although he previously rejected the claims of witnesses that he personally killed anyone. Indeed, just a day after the wrenching list of allegations was read to him, he spoke of his desire for forgiveness.

Taking off his glasses and putting aside a prepared statement, Duch turned to look at the 500 or so people seated in the court's public gallery. "My current plea is that I would like you to please leave an open window for me to seek forgiveness," he said, vowing to give his full co-operation to the tribunal. "This is the only remedy that can help me to relieve all the sorrow and crimes I have committed."

He added: "At the beginning I only prayed to ask for forgiveness from my parents, but later I prayed to ask forgiveness from the whole nation ... I wish to express my deep regretfulness and my heartfelt sorrow."

Among those sitting and listening to Duch were Chum Mei and Bou Meng, two of the handful of S-21 survivors. "I felt a little feeling of relief but I don't trust him 100 per cent," said Chum Mei, a former mechanic who survived because of his ability to help maintain the prison's machinery. "I know Duch well. This man, he has many tricks. He just said these words because he wants the court to reduce his sentence."

Vann Nath is another who survived the horrors of Tuol Sleng. Listed as a possible witness, the 63-year-old painter has been barred from attending this part of the trial. In a recent interview with The Independent on Sunday at his gallery in Phnom Penh, he revealed how he had survived because Duch came to learn of his skills as a painter. Separated from the other prisoners, Vann Nath was put to work producing portraits of the Khmer Rouge leader, Pol Pot, who died in 1998.

"I saw a lot of things during my year in the prison," he said, surrounded by paintings showing scenes from Tuol Sleng, the colours dark and menacing except for the glare of the prison's bare lights. "It was [worst] during the day. They were interrogating new prisoners who'd come. There was torture, screaming, lots of activity. I saw Duch every day, he came to my place every day." The white-haired man, now in less than perfect health, saw Duch last year when the court held preliminary hearings and travelled to the notorious killing fields site located close to a village called Choeung Ek. There, Duch had broken down and wept, though Vann Nath could not see him very clearly. Asked how he would feel to finally see Duch in court, he said: "The most significant thing is that I have lived to see the trial. I cannot guess what my feelings will be, but I hope for now that we can get a kind of justice."

The move to place Duch and his fellow defendants before the tribunal has not been without controversy. Indeed, the Cambodian government, headed by the Prime Minister, Hun Sen, himself a former Khmer Rouge commander, has been accused of blocking the remit of the court in order to protect former regime officials now in senior positions within the establishment. Others, too, have expressed concerns that the process could be divisive for the country rather than healing. In a nation where half the population is aged below 25, and where the Khmer Rouge's rule has only recently become part of the school curriculum, some might be inclined, in that utterly inadequate cliché, to let sleeping dogs lie.

Others disagree. Professor David Chandler, a Khmer Rouge expert and author of the study Voices from S-21: Terror and History in Pol Pot's Secret Prison, said: "I think the trials are immensely important because the people who had been in command positions in [the regime] need to face some of their accusers. Whether this will help Cambodia deal with its past on a mass scale is impossible to say, but the fact that the perpetrators of the documented crimes against humanity that occurred are not immune from prosecution is a start towards ending the culture of impunity which has affected those in power in Cambodia throughout its history."

The Khmer Rouge came to power in April 1975, seizing on anti-government feelings that had been exacerbated by a massive US bombing campaign which was a spill-over from the war in Vietnam. When they swept into Phnom Penh they were initially cheered, but within days the cadres were forcing people to leave their homes and possessions and to march into the countryside, where work camps were set up.

The regime fell in January 1979, when Vietnamese forces entered the country, and the Khmer Rouge began a long guerrilla war. Duch slipped out of Phnom Penh, converted to Christianity and worked with a US charity on the Cambodian border. He was only brought before the tribunal after he was discovered in 1999 by the Irish-born photojournalist Nic Dunlop, author of The Lost Executioner.

Mr Dunlop was this week in court to watch the proceedings. "My thought is that if this is going to have an impact on Cambodia it has to get outside of these walls," he said. "So far that has failed to happen. While this whole thing is costing $143m, only $50,000 of that has been set aside for outreach projects."

Some hope that once the tribunal has completed its task, Cambodia can work on putting its dark past behind it. Soysrey Line, a 22-year-old student who works as a waitress at a street food stall in the centre of Phnom Penh, said she feared the Khmer Rouge had tarnished the name of Cambodia around the world. "People know that Pol Pot was Khmer," she said. "He has created this bad image."

The Khmer Rouge years: Cambodia's trip to hell and back again

1975

Khmer Rouge, led by Pol Pot, seizes Cambodia's capital, Phnom Penh, overthrowing US-backed Lon Nol. Prince Sihanouk becomes head of state. "Year Zero" sees towns and cities cleared in an attempt to create an agrarian society. Money becomes worthless and religion is banned; 1.7 million people will die in the years to 1979.

1976

Cambodia renamed Democratic Kampuchea. Prince Sihanouk resigns and is replaced by Khieu Samphan with Pol Pot as prime minister.

1978

Series of Khmer Rouge cross-border raids sparks invasion from Vietnam.

1979

Pol Pot and Khmer Rouge forces retreat to the Thai border, and Vietnamese troops occupy the capital. The People's Republic of Kampuchea is founded.

1993

UN-run elections lead to an unstable coalition between Prince Sihanouk and a former Khmer Rouge guerrilla.

1998

Pol Pot dies in the jungle after being ousted as Khmer Rouge leader the year before. The following year, the last of the guerrillas surrender.
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