Monday, 30 March 2009

Cambodia's Day in Court

RADIO FREE ASIA

2009-03-29

Five ex-leaders of the Khmer Rouge go on trial, and Cambodia's youth get a chance to learn the truth about an era kept secret for the last 30 years.

Photo: AFP/Pool/Tang Chhin Sothy
Former Khmer Rouge head of state Khieu Samphan (C) sits in a dock in the courtroom during a pre-trial chamber public hearing on Feb. 27. The court had adjourned pre-trial hearing of Khieu Samphan to April 3, 2009.

PHNOM PENH—On April 17, 1975 Khmer Rouge troops “liberated” Cambodia from the Khmer Republic led by self-proclaimed president Lon Nol.

Huge crowds lined the streets of the capital, Phnom Penh, welcoming the Khmer Rouge army. Some waved white flags, expressing more enthusiasm than fear—believing that war in Cambodia was finally over.

“City-dwellers queued along pavement, giving the soldiers applause and expecting victory and peace. The soldiers smiled and didn’t take any actions against the people, so we trusted them,” one witnesses recalls.

“When they entered the city,” says another, “the people cheered, and Khmer National Radio broadcast songs of victory.”

Kem Sokha, now Cambodian Center for Human Rights chairman, was 22 and a law student at the time.

He wanted a change of regime because he saw too much corruption in what was then the Khmer Republic. He says he welcomed Khmer Rouge soldiers, along with the countless other Cambodians.

“I was a student at the law faculty. At the time, I was demanding freedom and social justice and fighting against corruption in society. I wanted a change. So at that moment, I thought this new group would be for the better,” Kem Sokha says.

The welcome was short-lived.

Less than 24 hours after they marched through the city, Khmer Rouge troops began to evacuate Phnom Penh.

“The began forcing people to leave the capital,” one witness says. “Then we began hastily gathering up some belongings. They told us to take something with us and walk straight out without returning.”

“Many intellectuals were executed right away. We saw many dead bodies along the way as we marched out from the capital.

Pol Pot regime

Fewer Cambodians were killed in 1975 than in the years that followed, under a government that called the country Democratic Kampuchea—but became known to the world as the Pol Pot regime.

“One of my children was killed in Prek Tamak and so was my husband,” one woman recalls. “My younger brother was accused of being a thief...Then he was beaten every night."

"My mother was so fatigued...She told me that she was dying and [told me], ‘Go with your family, and try to go back to our hometown.’ We didn’t return home, and then my younger brother was executed.”

Swift destruction

From April 17, 1975 to Jan. 7, 1979, Cambodia was subjected to one of the swiftest and most destructive revolutions in world history. No one was untouched.

In less than four years, as many as 2 million Cambodians—or one in four—died from overwork, malnutrition, suicide, execution, or lack of medical care.

All the executions and most of the other deaths can be traced directly to the policies imposed on the people of Cambodia by the Communist Party of Kampuchea, led from the shadows by Pol Pot, and concealed behind the name of Angkar Padevat.

And in tiny, impoverished Cambodia, the horror unfolded largely unnoticed by the outside world.

Not taught

Many young Cambodians now know little about the Khmer Rouge era, because the government hasn’t allowed Khmer Rouge history onto the national curriculum.

Eng Sodavy, a student at Boeung Trabaek High School, says Khmer Rouge history was very little taught.

“I was told little about the Pol Pot time. I knew nothing about it from my studies but from elderly people,” Eng Sodavy says.

“I want to know more about what difficulties people encountered and how much struggle they endured. I seem to have heard of killings during the Pol Pot regime.”

The exclusion of Khmer Rouge history from schools partly reflects political conflicts, says Sim Soriya, deputy director of the Documentation Center of Cambodia.

He says Khmer Rouge lessons at first were incorporated into textbooks but later was removed for political factors.

Youths note tribunal

But students have taken note of the Extraordinary Chambers in the Courts of Cambodia (ECCC), which will try former Khmer Rouge leaders.

Teacher Sambo Manara said that the creation of the ECCC to try former Khmer Rouge leaders has attracted his students’ attention.

“When the courts were established, there seemed to be some…momentum in the students’ curiosity,” he says.

“They particularly became extremely interested because they never before believed” accounts of what had happened during the Khmer Rouge regime, he says. “They began to learn.”

Five on trial

After years of negotiations, the United Nations and the Cambodian government agreed in 2005 to set up the ECCC.

On July 3, 2006, 17 Cambodian and eight international judges were selected to preside over the proceedings of former Khmer Rouge leaders.

The long delay saw Pol Pot himself die before he could face trial, in 1998.

His lieutenant Ta Mok, known as “the butcher,” died a prisoner, in July 2006. Other top leaders of the regime—Ieng Sary, Khieu Samphan, and Nuon Chea—are alive but elderly.

Only five top Khmer Rouge leaders are expected to face trial. First in the dock is Kaing Guek Eav, better known as Duch.

He has already admitted and apologized for his role in the deaths of thousands of Cambodians as head of Phnom Penh's notorious S-21 torture center.

His trial opens Monday, March 30.

This segment was first in a series by RFA's Khmer service, broadcast ahead of the trials that will bring to justice top leaders of the Khmer Rouge. Khmer service director: Sos Kem. Executive producer: Susan Lavery.

"Killing Fields" torturer on trial in Cambodia

Chief Khmer Rouge torturer Kaing Guek Eav, also known as Duch, attends his trial on the outskirts of Phnom Penh March 30, 2009. Duch faced trial for crimes against humanity on Monday, the first involving a senior Pol Pot cadre 30 years after the end of a regime blamed for 1.7 million deaths.REUTERS/Mak Remissa/Pool (CAMBODIA CONFLICT SOCIETY HEADSHOT)

By Ek Madra Ek Madra

PHNOM PENH (Reuters) – The chief Khmer Rouge torturer faced trial for crimes against humanity Monday, the first involving a senior Pol Pot cadre 30 years after the end of a regime blamed for 1.7 million deaths.

After years of delays and procedural wrangling, prosecutors for the joint U.N.-Cambodian tribunal will lay out their case against Duch, the former chief of the S-21 prison, where 14,000 "enemies" of the 1975-79 revolution were tortured and killed.

"I never thought that this day would come," said 64-year-old Svay Simon, one of hundreds of Khmer Rouge victims gathered at the specially built court on the outskirts of Phnom Penh.

Duch's trial, which formally began with procedural hearings last month, marks a turning-point for the strife-torn country, where nearly every family lost someone during the Khmer Rouge era, one of the darkest chapters of the 20th century.

"The Cambodian people will finally see one of the most notorious Khmer Rouge leaders face trial. But many more need to face the court to really deliver justice to the millions of victims of these horrific crimes," said Brittis Edman, a Cambodia researcher for rights group Amnesty International.

Duch, whose real name is Kaing Guek Eav, faces charges of crimes against humanity, war crimes, torture and homicide.

The silver-haired former school teacher is the first of five aging senior cadres charged for their role in Pol Pot's "Year Zero" revolution to achieve an agrarian utopia.

He is expected to be a key witness in the future trials of "Brother Number Two" Nuon Chea, the regime's ex-president Khieu Samphan and Ieng Sary, its foreign minister, and his wife.

The four others have denied knowledge of any atrocities by the Khmer Rouge during its rule, which began by driving everyone out of the cities with whatever they could carry.

There is no death penalty in Cambodia and the five could get life sentences if convicted by the panel of five Cambodian and international judges.

POLITICAL INTERFERENCE?

Advocates hope the tribunal -- formally known as the Extraordinary Chambers in the Courts of Cambodia (ECCC) -- will serve as a model of professionalism for the country's erratic and politicized judiciary.

Critics say the tribunal's integrity is threatened by allegations of corruption and political interference, particularly on the issue of pursuing other Khmer Rouge suspects.

A bid to go after other suspects was brushed aside in January by the tribunal's Cambodian co-prosecutor, who said it would not help national reconciliation. The government has denied any meddling in the court, but rights groups are concerned.

"The Extraordinary Chambers must urgently expand its prosecution strategy to investigate and prosecute more cases before it is too late," Edman said.

Survivors, former guards and Khmer Rouge experts are expected to testify against Duch, a born-again Christian who has asked forgiveness for the S-21 victims, who included women and children.

Most of them were tortured and forced to confess to a variety of crimes -- mainly being CIA spies -- before being bludgeoned to death in a field on the outskirts of the city.

Duch's lawyers argue he was only following orders and should not be made a scapegoat for the Khmer Rouge era.

Pol Pot's death in 1998 was followed by a formal Khmer Rouge surrender which helped to usher in a decade of peace and stability, threatened now by the global economic downturn.

(Writing by Darren Schuettler; Editing by Alan Raybould)

Cambodia to resume KRouge prison chief trial

Cambodia's UN-backed genocide tribunal is set to resume with the ongoing trial of former Khmer Rouge prison chief Kaing Guek Eav - better known as Duch - who is expected to admit his role in the "Killing Fields" horrors three decades ago.(AFP/Pool/File/Adrees Latif)

PHNOM PENH (AFP) – Cambodia's UN-backed genocide tribunal resumes its first trial of a Khmer Rouge leader Monday, bringing the regime's chief torturer to justice for the "Killing Fields" atrocities 30 years ago.

Former maths teacher Kaing Guek Eav -- better known as Duch -- will be read charges that he ran the main prison for the hardline communist regime which killed up to two million people, and is expected to apologise later this week.

"It's certain that he will use the opportunity given to him to speak to the judges, to the victims and, beyond that, with the Cambodian population," Duch's French lawyer Francois Roux told AFP.

For Cambodians, the controversial tribunal, established in 2006 after nearly a decade of negotiations between Cambodia and the United Nations, is the last chance to find justice for the Khmer Rouge's crimes.

The 66-year-old Duch was indicted last year for allegedly personally overseeing the torture and extermination of more than 15,000 men, women and children when he headed the prison, built in a former high school.

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.

This week he will be formally read his indictments. Lawyers will make opening statements and Duch will be allowed to comment on his charges.

The trial is expected to last several months.

Hundreds of people who lost loved ones at Tuol Sleng are set to attend the hearing at the specially built courtroom on the outskirts of Phnom Penh for the hearing on Monday, which is set to start at 10:00 am (0300 GMT).

Duch will sit with the court's judges, lawyers and witnesses behind a massive bulletproof screen to prevent possible revenge attacks.

His first hearing took place in February, and consisted of three days of procedural matters concerning admissibility of witnesses and evidence.

Tuol Sleng was at the heart of the Khmer Rouge security apparatus and thousands of 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.

He has previously said that he regrets his crimes.

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

The joint trial of four other Khmer Rouge leaders is set to start later this year after Duch's trial is completed, although no date has yet been set.

Judges are mulling opening cases against other former Khmer Rouge leaders after a dispute between the international and Cambodian co-prosecutors over whether to pursue more suspects.

Court hears Khmer Rouge testimony

Duch ran S-21, a detention centre situated in a former school

BBC News

Monday, 30 March 2009

Prosecutors are outlining the case against a former Khmer Rouge leader in Cambodia for the first time, 30 years after the brutal Maoist regime fell.

The UN-backed trial of Kaing Guek Eav, known as Comrade Duch, opened in Phnom Penh last month but is now hearing from prosecution lawyers and witnesses.

Duch ran a notorious prison camp and is accused of presiding over the murder and torture of at least 15,000 inmates.

The Khmer Rouge killed up to two million people in less than four years.

Duch is the first Khmer Rouge leader to face the tribunal - with four more of the regime's senior figures in custody and awaiting trial.

He is the only one who has admitted his part in the atrocities and asked for forgiveness from his victims.

WHO WERE THE KHMER ROUGE?
- Maoist regime that ruled Cambodia from 1975-1979
- Founded and led by Pol Pot, who died in 1998
- Abolished religion, schools and currency in a bid to create agrarian utopia
- Up to two million people thought to have died from starvation, overwork or execution


Analysts say his testimony could be vital for the trials of the four other leaders.

The BBC's Guy DeLauney, in Phnom Penh, says Duch will give his side of the story in the coming weeks.

But before that happens, our correspondent says, he will have to hear the charges against him - which could take a full day.

The hearings come after a decade of painstaking negotiations between politicians, judges, lawyers and Cambodians.

In a statement, human rights group Amnesty International welcomed Duch's trial.

"The Cambodian people will finally see one of the most notorious Khmer Rouge leaders face trial," the statement said.

"But many more need to face the court to really deliver justice to the millions of victims of these horrific crimes."

The Khmer Rouge took over Cambodia in 1975, ousting a US-backed government shortly after the US pulled out of neighbouring Vietnam.

Driven on by Maoist principles, they attempted to create a peasant society by systematically emptying the cities and forcing the population to work in the fields.

By the time the Vietnamese army invaded and overthrew the Khmer Rouge in 1979, the regime had executed, starved and overworked up to two million Cambodians to death.

Khmer Rouge Court: Civil Parties will not be allowed to speak on first day of hearing

By Ka-set
29-03-2009

The Trial Chamber at the Khmer Rouge court rejected on March 27 the request, dated March 17, of the co-lawyers for Civil Parties-Group 2 to be able to make, like co-Prosecutors and the Defence, an opening statement at the beginning of Duch’s substantive hearing, according to a copy of that decision obtained by Ka-set.

On March 10, that court had indeed issued a Direction which stipulated that co-Prosecutors and the Defence would have a maximum of two hours each to submit an opening statement on the charges of the accused, but not Civil Party lawyers who will have to remain silent on the first day of the hearing. Among those lawyers, some opposed the request and estimated that their client’s rights were flouted and that the disposition was not in keeping with the general spirit of Civil Parties’ role in the proceedings, as they should be fully considered as a Party enjoying the same rights as others.

The Defence and co-Prosecutors opposed the request, as stated in the decision issued by the Trial Chamber. The latter reminds that the rights of Civil Parties somehow differ from those of other Parties. Thus, they are allowed to ask for reparations but however, their role is limited during the proceedings, which come as support to the work of co-Prosecutor. Judges also point out that the Cambodian Criminal Procedure (2007) does not grant Civil Parties the right to submit an opening statement in criminal proceedings. But, they say, national law applies primarily before the Extraordinary Chambers in the Courts of Cambodia (ECCC). They conclude insisting on the fact that the Internal Rules of the Tribunal do neatly reflect a balancing in the role of Civil Parties regarding the distinct roles of co-Prosecutors, the Defence and Civil Parties
.

Amnesty International urges Khmer Rouge tribunal to prosecute more than five persons

By Ka-set
29-03-2009

As Duch’s trial, the first one to be held before the Khmer Rouge Court, is due to open on Monday March 30, Amnesty International (AI), in a communiqué urges the hybrid court to investigate and prosecute more cases “before it is too late”. The London-based organization also mentioned the real risk that many will die before victims finally see justice for the crimes they and their relatives were subjected to during the Khmer Rouge regime. The organisation reckons that March 30 will be “an historic day for Khmer Rouge victims”, which is the title it chosen for the press release.

AI also urges the United Nations and the Cambodian government to “investigate promptly and thoroughly” the allegations of corruption which surfaced at the tribunal. “A failure to do so risks undermining the credibility of the whole institution and what it is trying to accomplish”, says Brittis Edman, Amnesty International’s researcher in Cambodia.

Cambodia set for Khmer Rouge trial



AlJazeeraEnglish

A senior Khmer Rouge figure, who ran the S-21 prison during the brutal years under the regime in the 1970s, goes on trial in a UN-backed court on Monday.

But do young Cambodians bother about past atrocities that resulted in the deaths of one and a half million people?

Al Jazeera's Laura Kyle reports from Phnom Penh.

Duch's lawyer declares he is ready to describe events at interrogation centre

TV3 New Zealand

Mon, 30 Mar 2009

On the eve of the resumption of the trial of the first suspect to face a court for crimes allegedly committed during Cambodia's bloody Khmer Rouge regime, Gaing Kuek Eav's lawyer says his client is ready to describe what happened at the interrogation centre he ran in Phnom Penh.

Gaing Kuek Eav - better known as Duch - has been charged with crimes against humanity, murder, torture and war crimes.

Francois Roux says the answers Duch gives will go some way to helping victims of the regime understand what happened to them and their country in the 1970s.

As Duch prepares to face a court on Monday hundreds of students from outside Phnom Penh have been taken on a tour of the prison - S21, which is now a museum, to educate them in their own history.

Many young Cambodians know very little of what their parents suffered, as it is not taught in schools. The visit was an initiative of volunteers from the US Peace Corps.

Unlike four others who are awaiting trial, Duch, as he's better known, is admitting his guilt and apparently intends to tell all.

Lawyer Francois Roux says he believes Duch's testimony will go some way to helping victims understand what happened and why, during those bleak and brutal years.

But as older Cambodians await answers to long-festering tragedies and sorrows, some Cambodians - born after the collapse of the regime - are only just discovering that anything evil happened at all at that time.

The history of the Khmer Rouge period is not taught in schools so many people grow up knowing very little about it, or even dismissing it as mere stories or exaggerations.

It was to shake that belief that around 200 young Khmer students were brought on Sunday to witness for themselves the evidence of the crimes committed on Duch's orders at S21 prison.

The students looked at the torture implements used on his victims, and at the faces of the victims themselves; hundreds of photographs of the doomed inmates line the walls of the former prison in Phnom Penh, now a museum.

There are also displays of the victims' skulls.

"Sometimes before when my father told me I never believed him. I just said that he just made a story to tell me. But now I believe because I saw the evidence, a lot of evidence, and I feel sorry," said Oeng Kim Heak, one student visitor to the museum.

S21 - also known as Tuol Sleng - was a top secret facility mainly used to interrogate cadres suspected of treachery.

Prisoners were tortured until they confessed to working for foreign powers, then they were executed, as were their families who were often arrested with them.

Many, if not most, of the confessions were wild fantasies, made up under extreme torture in the hope of pleasing and pacifying their tormentors.

The visit to S21 was organised by volunteers from the US Government's Peace Corps, and the Documentation Centre of Cambodia which works to collect evidence of the former regime's atrocities.

The aim, they said, was to teach Cambodians their own history and give them a greater awareness of their past and present so they can rebuild its future. Some of the students will attend Duch's trial next week.

Tough job ahead for NZ judge

Dame Silvia Cartwright

TV New Zealand
Sunday March 29, 2009
Source: NZPA

As many as 1.7 million Cambodians perished in the Khmer Rouge reign of terror, 14,000 of them "class enemies" of the Communist regime executed at Tuol Sleng, the S21 torture centre and prison.

New Zealand judge and former Governor-General Dame Silvia Cartwright is one of five trial judges who must now decide if the man who ran the prison, Kaing Guek Eav, better known as Duch, is guilty of crimes against humanity.

It will be the first case heard by the United Nations-backed Extraordinary Chambers in the Courts of Cambodia (ECCC).

It has been a long road to the first case, after the hybrid local-international court was set up three years ago - a decade after Cambodia sought United Nations help to try those most responsible for the 1975-79 Khmer Rough genocide.

Khmer leader Pol Pot died in 1998.

Dame Silvia, who has been living in Phnom Penh since last July, has been preparing for her role by reading a mountain of evidence.

"I don't think I have read everything by any stretch of the imagination but, by heaven, I've read a fair bit. It's huge," she says.

The ECCC is based on the local Cambodian law, with international law and expertise, and uses the Civil Law system.

Under a civil law system, a complaint is made to prosecutors who gather information which goes to investigating judges. After they investigate, a summary of the evidence and charges to be answered is prepared.

That process in the Duch case took a year and was in private. Last month a hearing decided what witnesses would be heard.

The trial judges - one French, three Cambodians and Dame Silvia - now have the case file and are preparing to go through it in the public hearing.

"Effectively it's our job to test the evidence in public and to allow the witnesses to say what they need to say in public and we then decide whether there is sufficient evidence to convict."

Dame Silvia has been wading through evidence on her computer in her ECCC office.

Once the trial gets under way she will be allocated certain areas to focus on.

"I might be asked to focus on how S21 or Tuol Sleng was actually established, or I might be asked to focus on methods of torture or focus on how many people died or something like that, and it will be my job to be totally on top of the evidence. The evidence goes to hundreds of thousands of pages."

The evidence can also be indirect - for example there are at least 50 films in the file.

"Unlike our system in the common law world it includes everything that anyone ever said on the subject that's been put in this case file, whether its got any evidentiary value or not."

As soon as one of the judges refers to any item in the file it becomes part of trial evidence, and the judges then decide what weight to give it.

"People are still putting material into the case file."

Another challenge for the judges was managing the civil parties.

There are 95 in this case but there are thought to be already 3000 applications for the next investigation of senior Khmer Rouge figures and that figure could go as high as 10,000.

Dame Silvia says each civil party the judges approve is allowed to call and question witnesses.

There are more than a dozen civil party lawyers in the court.

Hearing the witnesses proposed by the prosecution is expected to take about three months.

There will be other witnesses and the judges will also be presented with personal information about the defendant.

If there is a guilty verdict sentencing will form part of the judgement.

A former teacher who is now a Christian, Duch, 66, has admitted his guilt, but the legal system as practised in Cambodia has no mechanism for a plea of guilty.

The judges decide his guilt or innocence after considering all the evidence.

It is alleged most victims at the prison were tortured and forced to confess to a variety of crimes - mainly of being CIA spies - before being bludgeoned to death in a field on the outskirts of Phnom Penh.

Women and children and babies were also killed. Few inmates survived.

New Zealander Kerry Hamill, 28, brother of rower Rob Hamill, died at the prison in 1978, where he was taken after his yacht was blown off course.

Apart from the judgement and sentencing, the judges will also have to resolve difficult legal issues around the charges.

They will make decisions on whether civil parties have proved they suffered damage, and whether they are entitled to reparations.

The tribunal has no money to pay financial reparation and no power to order the government to act.

"All we can really do is to say that these civil parties qualify because they have satisfied us they have suffered damages. That's the extent of our jurisdiction."

The ECCC has been beset with allegations of corruption within the administration, and of being politically influenced.

Its budget, originally $53 million for three years, has increased to $170m for five years.

The Cambodian branch of the ECCC is running out of money after a UN report highlighted problems with salaries and over staffing.

A hold has been put on donor money until problems are resolved.

Other accusations included that staff had to pay kickbacks of up to 30 per cent of their salary in order to get the job.

Corruption is rife generally in Cambodia, but Dame Silvia says the ECCC is quite separate from the rest of the justice system.

Whatever may happen in the administration of the Cambodian arm of the body, Dame Silvia does not think there is a problem with the judiciary.

"I have no hint of any corruption of any description amongst my Cambodian judge colleagues."

One commentator has said the court's viability is in question.

"I don't believe the court is compromised to that extent," Dame Silvia said.

"If it were, a number of the judges would pack our bags and go away."

Any issues of corruption would have to dealt with in local courts.

Locally-made products to be showcased in Cambodia

VOV News
03/29/2009

As many as 170 businesses have registered to participate in a trade fair that will open in the Cambodian capital of Phnom Penh on April 1.

During the five-day fair, various types of products will be showcased through 330 booths, including home appliances, foods, textile and leather products, construction materials, chemicals, production tools, and stationary.

The fair, co-organised by the HCM City Investment and Trade Promotion Centre (ITPC), the High-Quality Vietnamese Goods Businesses Club, and the Vietnam Goods Trade and Services Corp. (Vietgoods), is the eighth of its kind to be held in Cambodia since 2002.

On the occasion, there will be seminars on product quality, and contract signings between Vietnamese businesses and Cambodian partners.

2 dead following Big Lake shooting, police chase

I-94 near St. Cloud was shut down for several hours after a Big Lake man killed his girlfriend's son and then himself.

By ABBY SIMONS and RANDY FURST, Star Tribune

Last update: March 29, 2009

Racing down Interstate 94 near St. Cloud in the early morning hours, his injured girlfriend held hostage in the car, Peter Tek made a final phone call.

He told his ex-wife that he had killed his girlfriend’s son and implied to his son, Phath Bauer, that he was going to kill himself. “Boy, boy, I’m very sorry,” he said to his son. “I won’t be there to see you and your sister grow up, and for that I’m very sorry.”

Less than two hours later, still sitting in the Lincoln Navigator parked alongside the barricaded freeway, Tek released his girlfriend, shot himself in the head and died.

Authorities said that Tek killed Savang Sath, 27, at the family’s home at 1010 Eagle Lake Rd. in Big Lake. He shot himself near where Stearns County Rd. 6 crosses I-94 at about
5:40 a.m.

A 2-mile stretch of the freeway near the standoff scene was closed and traffic detoured for about two hours, police reported.

His girlfriend suffered head injuries and is hospitalized, but is expected to recover, police said. According to Tek’s brother, Cheth Tek, Peter Tek was divorced and had been living with his girlfriend and her son for four years in Big Lake.

Big Lake police chief Sean Rifenberick said there had been previous domestic violence calls to the house, but he was not sure whether they involved Peter Tek. Rifenberick said there had been a social services complaint involving children being removed from the home but said he did not know the details.

According to Cheth Tek, Peter Tek and his girlfriend attended a party and got home at about 2 a.m. on Saturday. Authorities said there was an argument between Tek and two adult females at the residence around 2:45 a.m. An argument ensued between Tek and Sath and Tek shot Sath twice. He held two females in the house hostage for 20 minutes, then left with Sath’s mother.

Police were called at 3:08 a.m.; deputies found Sath’s body and were told Tek was in a Lincoln Navigator.

At 3:22 a.m., Wright County deputies spotted him pumping gas at a Holiday station in Monticello. When he saw the deputies approach, he got into the Lincoln, and headed toward I-94 in Monticello with the deputies chasing him.

Phath said he didn’t realize until after the cell phone call that his father was indicating that he planned to kill himself. “He expressed his love for me, my sister and my mom. I told him, 'I love you, too, dad.’”

Phath said that his father told his mother that the incident began with an argument between his father and girlfriend, there was a physical confrontation, and then his girlfriend’s son began to beat him. Phath said he did not know where the gun came from but did not believe it was his father’s because his father didn’t like guns and despised hunting.

Nonetheless, Phath said his father told his mother that he pointed the gun at Sath and shot him. He said he told his mother, “I didn’t know it was loaded.”

Besides Phath, Peter is survived by a 15-year-old daughter and his parents.

Cheth Tek said that the Tek family had come from Cambodia in the early 1980s.

Peter Tek’s parents and Cheth live in Savage. “My mom cried,” Cheth Tek said. He said that his older brother had gone through war that engulfed Cambodia in the late 1960’s and early 1970’s before they fled to Thailand in 1976 and lived in a refugee camp. He had visited Cambodia a month ago on a church mission, according to Cheth.

Peter Tek was a press operator who had worked for 20 years at Vertis Communications in Shakopee, a printing company, according to a co-worker who asked not to be identified because he did not know whether he was authorized by the company to speak. Tek had been on vacation and was expected to return next week.

“He was a really good guy,” the co-worker said. “Everybody liked him.”

Cambodia trials begin amid controversy

Trial chamber judges (top row, L-R) arrive for procedural hearings in the trial of Kaing Khev Iev, also known as Duch, on the outskirts of Phnom Penh Feb. 17, 2009. Duch, the ex-commandant of the notorious S-21 prison and chief Khmer Rouge torturer, faces trial for crimes against humanity, the first by a senior Pol Pot cadre three decades since the end of a regime blamed for 1.7 million deaths. (Adrees Latif/Reuters)
GlobalPost

As trials begin, question shadow Khmer Rouge war crimes tribunal

By Brendan Brady - Special to GlobalPost
March 29, 2009

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

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

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

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

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

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

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

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

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

But UN officials have yet to voice such stern words.

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

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

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

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

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

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

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

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

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

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

As the court makes slow progress, old wounds fester.

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

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

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

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

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

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

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

Violence over Land Dispute in Siem Reap

Violence over Land Dispute in Siem Reap: Human Rights Organization ‘Criticizes’ while the Ministry of Interior Asks Citizens to Stop Arguing with Each Other - Saturday, 28.3.2009

Posted on 29 March 2009

The Mirror, Vol. 13, No. 605

“Phnom Penh: The Cambodian League for the Promotion and Defense of Human Rights - LICADHO - calls urgently on the Cambodian government to hold those police and military police in Siem Reap’s Chi Kraeng district responsible for violence on Sunday 22 March 2009.

“During a dispute about a rice field between two different groups of villagers in the Chi Kraeng and Anlong Samnor communes in Chi Kraeng district, police and military police shot and injured four people, and arrested nine.

“On Friday, 27 March 2009, the president of LICADHO, Ms. Kek Galabru, demanded the prosecution of those persons of the authorities who shot and injured farmers, and to find just solutions over the rice field dispute of 275 hectares which started in 2004.

“According to a three-day investigation by LICADHO, about 100 police and military police shot at around 300 farmers unreasonably and illegally.

“During a conference on Friday, LICADHO also showed a short video, showing that police were carrying AK-47 rifles, and shooting to threaten farmers regarding a land dispute between two groups of villagers in Chi Kraeng district in Siem Reap, on Sunday, 22 March 2009.

“The head of the investigation section of LICADHO, Mr. Oum Sam Ath, blamed the authorities and demanded a proper investigations about the armed clash, which the authorities claim to have been an act of self-defense.

“About 40 farmers who are seeking for a solutions from Phnom Penh [they are now in Phnom Penh] said during a conference at LICADHO expressing their fear and that they do not dare to return to their homes.

“Farmers demand the government to release nine villagers arrested on Sunday, and they ask for proper solutions for them so that they can again go to their dry season rice fields.

“It should be noted that after this event, the Ministry of Interior had sent a group of officials to investigate this land dispute in Siem Reap.

“A secretary of state of the Ministry of Interior, in charge of investigating the land dispute in Chi Kraeng , Mr. Pol Lim, said in the evening of 27 March 2009 that a working team of the Ministry of Interior led by the deputy police chief of the Ministry of Interior, H.E. Chhim Sarak, went to the site of the event in Chi Kraeng and met with the authorities on one side, and with citizens disputing the situation on the other. Also, the working team went to see the injured people at the provincial hospital. The working team pleaded with residents to stop arguing with each other and to let the authorities sort it out.

“Relating to the armed clash, which injured four people, Mr. Pol Lim stated that the working team is investigating in a confidential way. But for a first step, the working team discovered that the local authorities shot in self-defense, while the disputing people tried to hit the police who had gone to stop the arguments between the two groups of people, who competed for harvesting rice on the disputed land. Now, the court is dealing with nine people, who began the hitting, and if no one is found to be guilty, the court will release them.

“The spokesperson of the Ministry of Interior, Mr. Khieu Sopheak, said that the government would like to absolutely reject LICADHO’s demand for government agencies to take responsibility for the above case.”

Rasmei Kampuchea, Vol.17, #4857, 28.3.2009
Newspapers Appearing on the Newsstand:
Saturday, 28 March 2009

Trial before Dame Silvia to get underway today

The long-awaited public trial of one of Pol Pot's henchmen is to get underway in Cambodia before a panel of judges including New Zealander Dame Silvia Cartwright today. (March 30, 2009)

NZPA (New Zealand)

March 30, 2009

The long-awaited public trial of one of Pol Pot's henchmen is to get underway in Cambodia before a panel of judges including New Zealander Dame Silvia Cartwright today.

Sixty-six-year-old Kaing Guek Eav, better known as Duch, is accused of crimes against humanity. He ran Tuol Sleng, a torture centre and prison where 14,000 people suffered before being taken to a killing field and executed. New Zealander Kerry Hamill suffered that fate after he and crew mates were captured when their yacht strayed into Cambodian waters.

Dame Silvia and the other judges, Nil Nonn, Ya Sokhan, Jean-Marc Lavergne and Thou Mony, will hear evidence against Duch in a trial expected to take a minimum of three months. About 40 witnesses are expected to give evidence.

Duch, now a Christian, has previously recognised the crimes committed under his command but says he was a hostage to the regime.

The hearing is scheduled to start at 10am (1600 NZT). Following procedural steps the co-prosecutors will present opening statements followed by the defence's response.

Duch is the first of five senior Khmer Rouge leaders to be tried before a panel of two international and three Cambodian judges in the UN-backed Extraordinary Chambers in the Courts of Cambodia, commonly know as the Khmer Rouge Tribunal.

Under the Khmer Rouge regime, 1975-79, 1.7 million Cambodians died of stavation, overwork, disease or were executed.

Maggie Tait is travelling to Cambodia with the assistance of the Asia New Zealand Foundation.

Want to win a lottery? Some ask Cambodia's mass killer Pol Pot for help

WHO-TV 13 Des Moines

DENIS D. GRAY Associated Press Writer

ANLONG VENG, Cambodia (AP) — He was one of the greatest mass killers of the 20th century, but that doesn't stop the hopeful from praying at Pol Pot's hillside grave for lucky lottery numbers, job promotions and beautiful brides.

Nor does it stop tourists from picking clean the bones and ashes from the Khmer Rouge leader's burial ground in this remote town in northwestern Cambodia.

The grave is among a slew of Khmer Rouge landmarks in Anlong Veng, where the movement's guerrillas made their last stand in 1998 just as Pol Pot lay dying. A $1 million tourism master plan is being finalized to preserve and protect 15 of the sites, and charge admission.

Included on the tour will be the houses and hideouts of the Khmer Rouge leaders, an execution site and places associated with Ta Mok, a brutal commander and Anlong Veng's last boss.

"People want to see the last stronghold of the Khmer Rouge and places where they committed atrocities," says Seang Sokheng, who heads the district tourism office and himself an ex-Khmer Rouge soldier.

Anlong Veng, he says, now receives about 2,000 Cambodian and 60 foreign tourists each month — a number that should jump when a casino is built by tycoons from nearby Thailand. A museum is also in the works, spearheaded by Nhem En, the chief photographer of the Khmer Rouge's S-21 torture center in Phnom Penh, a major tourist attraction for years.

"There are museums about World War II in Europe and people are still interested in Hitler. Why not about one of the world's most infamous leaders?" says Nhem En, now the deputy chief of Anlong Veng district. The museum will include his extensive photo collection and even a rice field to show visitors how people slaved under Khmer Rouge guns during their mid-1970s reign of terror.

Like virtually everyone here, he says he took no part in the atrocities but blames the top leaders.

"Pol Pot was cremated here. Please help to preserve this historical site," reads a sign next to a mound demarcated by bottles stuck into the ground and protected by a rusting, corrugated iron roof. A few wilting flowers sprout around the unguarded grave site, which officials complain has been virtually stripped of Pol Pot's cremated remains by foreign tourists.

"People come here, especially on holy days, because they believe Pol Pot's spirit is powerful," says Tith Ponlok, who served as the leader's bodyguard and lives near the burial ground.

Cambodians in the area, he says, have won an unusual number of lotteries, prompting Thais to come across the border and beseech Pol Pot to reveal winning numbers in their dreams. Government officials from Phnom Penh and others also make the pilgrimage, asking his spirit to make assorted wishes come true.

Cambodia to try top 5 in Khmer Rouge

Schoolchildren ride past the tomb of former Khmer Rouge leader Ta Mok in Anlong Veng, Cambodia. He died in prison in 2006
photos by david longstreath / the associated press


Most ex-officials unlikely to face genocide tribunal
Arizona Daily Star

The Associated Press
Tucson, Arizona Published: 03.29.2009

ANLONG VENG, Cambodia — Just as the chief Khmer Rouge torturer takes the stand before a United Nations-backed genocide tribunal, a mausoleum fit for a king will be unveiled for another murderous leader from the same regime.

The entombed Ta Mok, known to his victims as "The Butcher," remains a revered figure in Anlong Veng because practically everyone here — from the district chief to the tourism promoter, from the wealthiest businessmen to dirt-poor farmers — was once Khmer Rouge.

This remote, rough-and-ready town is no aberration. Thirty years after the fall of their Maoist regime, former Khmer Rouge officials still run extensive enclaves across northwestern and northern Cambodia. After Anlong Veng, their last holdout, fell in 1998, Khmer Rouge officials abandoned their savage policies and took posts in the new power structure.

They appear unlikely to face justice for alleged crimes during a brutal 1975-1979 reign of terror under which some 2 million died.

"We were the former Khmer Rouge commanders so we knew the area and the people, so after we surrendered we were confident we would get similar positions — in the government, police, the military," explains Pery Saroen, 55, Anlong Veng's deputy district chief, whose superior is also a one-star army general. "When we handed over ourselves, our territory, we became part of the government. We had an agreement with the government and we knew they would forgive us."

An equivalent scenario would have been known Nazi officials and military commanders, some with blood on their hands, serving in 1975 as West Germany's mayors and ministers amid war crimes trials for their leaders.

Only five are expected to face trial. The first, Kaing Guek Eav — better known as Comrade Duch — headed Phnom Penh's notorious S-21 torture center. He is scheduled to testify at the end of the month before a joint international and Cambodian tribunal.

"It's clear that not every Khmer Rouge cadre who carried out killings and crimes is going to come before the tribunal. We don't believe it should stop at the top five most notorious figures. We could do more to bring justice to Cambodians," says Sara Colm of the New York-based Human Rights Watch, echoing criticism of many Cambodians and foreign prosecutors.

Nhem Sarath, with the non-governmental Cambodian Human Rights and Development Association, says villagers outside Khmer Rouge areas often ask why the court doesn't try the many Khmer Rouge suspected of atrocities.

"They also ask us why the powerful leaders now running the country are also not arrested," he says.

Prime Minister Hun Sen, Senate President Chea Sim and National Assembly Chairman Heng Samrin were all Khmer Rouge commanders or officials, and now are unchallenged in their power. Other top positions are filled by their one-time comrades, including Foreign Minister Hor Nam Hong and deputy prime ministers Men Sam On and Keat Chhun, who also holds the finance and economy portfolio.

Although no evidence has come to light implicating Hun Sen, a division commander, in Khmer Rouge crimes, he has sought to narrowly restrict those brought to justice because a number in his government and party are hiding skeletons in their closets.

Among the most notorious is Meah Mut, an ex-Khmer Rouge military official, who is on a prosecution "hit list" of at least five others they want to try. A brigadier general and adviser to the Defense Ministry, he lives in a lovely house amid a fruit orchard in Samlot, about 125 miles from Anlong Veng, in the northwest.

It was to this region that the Khmer Rouge leaders and thousands of followers fled when a Vietnamese invasion force toppled their regime in 1979. While Khmer Rouge in other areas of the country sought to quietly merge back into society, those in the northwest melted into the jungles and mountains to wage guerrilla war until the guns fell silent through an amnesty in 1998, the year Anlong Veng fell, and their leader, Pol Pot, died. All ex-Khmer Rouge in the region express loyalty to Hun Sen and his Cambodian People's Party.

David Chandler, a leading Cambodia historian due to appear as an expert witness at the tribunal, says the deal has proved a "standoff, a trade-off that suits both sides."

"They are not going into dissidence or to secede. They have to behave to a certain extent but Hun Sen is not going to mess with them too much," he says. "I don't think these are dedicated left-wing thinkers or performers. I think they abandoned that and got into the money and the patronage situation and are perfectly happy."

Many of the former Khmer Rouge claim to support the trial of their one-time leaders.

"To be honest, when ex-Khmer Rouge heard that the top five leaders would be tried, they said, 'We don't mind. Let's do it,"' said Nhem En, another district deputy head who was S-21's chief photographer and, like most former Khmer Rouge, points a finger at the leaders while denying any wrongdoing himself.

Ta Mok, who died a prisoner in 2006, is still much admired in Anlong Veng. His mausoleum, copied from ancient Angkorian temples by his rich grandson, will be completed almost to the day that Duch testifies.

"We regarded Ta Mok like a father who takes care of his children. He imposed restrictions and discipline but he gave us food, clothing, places to live," recalls Chat Chay, a poor laborer and former Khmer Rouge soldier. He noted how Ta Mok, whose cruelty was legendary, built roads, a hospital, a bridge and a high school building.

The town's 3,000 schoolchildren are taught nothing about their country's Khmer Rouge past, and only a few posters about the trial have been put around school grounds, says Reak Smey, elementary school vice principal. He is one of a sizable influx of non-Khmer Rouge from other parts of the country, drawn by the possibility of acquiring land in the sparsely populated area and earning income from a lucrative cross-border trade with nearby Thailand.

Cambodia: An historic day for Khmer Rouge victims

Amnesty International

PRESS RELEASE
March, 27 2009

As Cambodia’s most notorious suspected killer finally prepares to face trial on Monday for crimes committed while he was a Khmer Rouge commander 30 years ago, Amnesty International urged the Court conducting the trial to increase its caseload.

Kaing Guek Eav, also known as Duch, takes the stand on Monday, charged with crimes against humanity and war crimes, as well as murder and torture. It will be the first trial by the “Extraordinary Chambers” set up to try those most responsible for the mass killings and other atrocities that took place in Cambodia in the 1970s under Khmer Rouge rule.

“Amnesty International welcomes the opening of the first trial in the Extraordinary Chambers. The Cambodian people will finally see one of the most notorious Khmer Rouge leaders face trial. But many more need to face the court to really deliver justice to the millions of victims of these horrific crimes,” said Brittis Edman, Amnesty International’s Cambodia researcher, speaking from Cambodia’s capital, Phnom Penh.

“Many of the victims and the suspects are elderly. There is a real risk that many will die before the victims finally see justice for the crimes they and their relatives were subjected to,” said Brittis Edman.

Only four other detained suspects – all leading members of the Khmer Rouge government – are set for trial by the Extraordinary Chambers. However, the scope of the charges against them does not address the majority of the crimes under the jurisdiction of the Extraordinary Chambers.

Amnesty International said that the Cambodian justice system needs significant reform before it can effectively prosecute Khmer Rouge crimes, so the Extraordinary Chambers are the only hope that many of these elderly victims have for justice.

“The Extraordinary Chambers must urgently expand its prosecution strategy to investigate and prosecute more cases before it is too late,” said Brittis Edman. “These cases should represent the wide range of crimes committed and communities and groups affected.”

The Khmer Rouge’s notorious leader, Saloth Sar – more commonly known as Pol Pot – died in 1998 without facing trial.

Amnesty International also called on the UN and Cambodian government to address the serious corruption allegations that have been levelled at the Extraordinary Chambers.

It has been alleged that Cambodian staff have been required to pay “kickbacks” to government officials following their appointment to the Extraordinary Chambers – casting serious doubts on the Chambers’ competence, independence and impartiality.

“Any corruption allegations must be investigated promptly and thoroughly,” said Brittis Edman. “A failure to do so risks undermining the credibility of the whole institution and what it is trying to accomplish.”

Notes to editors:

• Duch was the Khmer Rouge commander of Security Office S-21 (better known as Tuol Sleng) and S-24. At least 14,000 people are believed to have been tortured and then killed at S-21 between April 1975 and January 1979.
• The trial of Duch is scheduled to continue until July 2009.
• Up to two million Cambodians out of a population of some seven to eight million died under Khmer Rouge rule. Khmer Rouge cadre executed hundreds of thousands of people to eliminate perceived opposition. They purged educated groups such as doctors, engineers, teachers, and students, and executed leaders of religious and ethnic communities. Torture was conducted on a huge scale.
Foreign Affairs Magazine

Joel Brinkley
March/April 2009

Summary --
While much of Cambodia -- and of the world -- holds on to memories of the country’s sorrowful past under the Khmer Rouge, few seem to notice that the government of Prime Minister Hun Sen is destroying the nation.

JOEL BRINKLEY, former Foreign Affairs Correspondent for The New York Times, is Professor of Journalism at Stanford University. Research for this article was carried out in Cambodia last August thanks to funding from the Pulitzer Center on Crisis Reporting.

Theary Seng often thinks of that April morning in 1975 when she watched her parents cheering on the Khmer Rouge as its soldiers marched into Phnom Penh. She was four years old. Within days, Pol Pot's foot soldiers had killed her father; three years after that, her mother died in a prison compound. Today, Theary Seng runs a nonprofit legal-advocacy group in Phnom Penh. She is eager to move on. But the rest of Cambodia, and much of the world, remains mired in the nation's sorrowful past. During its four-year reign, the Khmer Rouge killed as many as two million people. Nowadays, the venal government of Prime Minister Hun Sen may take "ten lives or even a hundred lives," she told me in August, "but what's that compared to two million? That's still the Cambodian standard, and that's the international standard."

The devastation Pol Pot wreaked on his country remains hard to comprehend, even three decades later. His goal, as he put it, was to return Cambodia to "year zero" and transform it into an agrarian utopia. To that end, he purged his nation of educated city dwellers, monks, and minorities, while imposing a draconian resettlement program that uprooted almost everyone else. These measures led to the deaths of one-quarter of the country's population.

The Khmer Rouge fell in 1979, when Vietnam invaded Cambodia and replaced the regime with a puppet government, in which Hun Sen became the foreign minister. When Vietnamese forces pulled out ten years later, they left behind several Cambodian factions battling for control. Then, in 1991, these groups' leaders signed a UN-sponsored peace accord, giving Cambodia the extraordinary opportunity to start over. Before Iraq, Afghanistan, Somalia, and even the Balkans, Cambodia was the international community's grand nation-building project. The country's new constitution awarded Cambodians the human rights, personal freedoms, and other protections of a modern democratic state. And in 1993, the United Nations staged a national election to select a democratic government. After the horrors of the Khmer Rouge, Cambodia would remake itself at last, and its people would have a chance to thrive.

Khmer Rouge suspect tried in Cambodia

PHNOM PENH, Cambodia, March 29 (UPI) -- Prosecutors in Cambodia allege former math teacher Kaing Guek Eav oversaw the torture and killing of more than 15,000 people in a Khmer Rouge prison.

Better known as Duch, the 66-year-old is charged with crimes against humanity, war crimes, torture and murder in a trial to resume Monday before a U.N.-backed tribunal, CNN reported, noting he is the first Khmer Rouge leader to stand trial.

He is accused of heading S-21, a prison in a converted school where men, women and children were shackled to iron beds and tortured before being beaten to death three decades ago, prosecutors told the tribunal.

Duch, now a born-again Christian, allegedly ordered his subordinates to meticulously photograph each prisoner before death, CNN reported Sunday.

The Khmer Rouge came to power in 1975 and within four years at least 1.7 million people -- nearly 25 percent of Cambodia's population -- had died from starvation, disease, execution and overwork, said the non-profit Documentation Center of Cambodia.

Cambodia's KRouge prison chief to address court

Cambodia's UN-backed genocide tribunal is set to resume with the ongoing trial of former Khmer Rouge prison chief Kaing Guek Eav - better known as Duch - who is expected to admit his role in the "Killing Fields" horrors three decades ago.(AFP/Pool/File/Adrees Latif)



by Suy Se – Sun Mar 29

PHNOM PENH (AFP) – Cambodia's UN-backed genocide tribunal this week resumes the trial of the Khmer Rouge's former prison chief, who is expected to admit his role in the "Killing Fields" horrors three decades ago.

When proceedings began last month, lawyers for Kaing Guek Eav -- better known as Duch -- said he would use the court to publicly ask forgiveness for his role in the 1975 to 1979 regime which killed up to two million people.

"It is an enormously important moment in the history of Cambodia," said tribunal spokeswoman Helen Jarvis. "People have been waiting for a long time, and the process will unfold over the next couple of months."

Former maths teacher Duch, 66, is one of five Khmer Rouge leaders who have been detained by the court and judges on Monday will read his charges of crimes against humanity, war crimes, torture and pre-meditated murder.

The court plans to invite Duch to personally address allegations he oversaw the torture and extermination of more than 15,000 men, women and children when he headed Phnom Penh's notorious Tuol Sleng prison, known as S-21.

"It's unique that we will spend months hearing evidence and testing it at a trial for charges that he has admitted to," said Richard Rogers, head of the Khmer Rouge tribunal's defence office.

Duch, a born-again Christian, has consistently admitted personal responsibility at Tuol Sleng since he was arrested in 1999, although maintains he did not personally torture or murder prisoners.

Most welcome the idea that Duch will at least partially confess in the court, which is seen as the last hope to deal with Khmer Rouge crimes.

"A confession is a good thing for Duch to do. If Duch pleads guilty, I will be eased in my heart," said Vann Nath, who is one of the handful who survived Tuol Sleng because his skills as an artist were deemed useful for the regime.

"We will get a kind of justice -- not compensation -- but justice that can heal our mind when the court convicts Duch and he receives the punishment," Vann Nath added.

Duch faces a maximum term of life in prison by the tribunal, which does not have the power to impose the death penalty.

The defence appears to hope that testimony by Duch will earn him a reduced prison sentence.

"The question is: What is the appropriate punishment for a man who's confessed to terrible crimes, assisted the process of justice and asked for forgiveness?" Rogers said.

The Khmer Rouge, led by "Brother Number One" Pol Pot, emptied Cambodia's cities during its time in power, exiling millions to vast collective farms in a bid to take society back to "Year Zero" and forge a Marxist utopia.

Pol Pot died in 1998.

But the Khmer Rouge court, established in 2006 after nearly a decade of negotiations between the government and UN, has faced controversy over allegations of corruption and political interference.

Amid claims that Cambodian staff paid kickbacks for their jobs, donors have shied from funding parts of the court.

It was only able to pay salaries for Cambodian staff this month after Japan provided an emergency 200,000-dollar donation.

Japan remains the tribunal's biggest donor, pledging 21 million dollars early this year after the tribunal's operating costs ballooned from the original budget of 56.3 million dollars over three years.

The tribunal has been further dogged by allegations of interference by Prime Minister Hun Sen's administration after the Cambodian co-prosecutor opposed pursuing more suspects on the grounds that it could destabilise the country.

The other Khmer Rouge members awaiting trial are "Brother Number Two" Nuon Chea, former head of state Khieu Samphan, ex-foreign minister Ieng Sary and his wife Ieng Thirith, who was the minister of social affairs.

Many here hope the tribunal will help Cambodians understand how the Khmer Rouge came to kill its own people.

"We -- the victims -- need to understand (Duch's) brutality and how he treated and executed the prisoners like animals," said Youk Chhang, director of the Documentation Centre of Cambodia, which collects evidence of Khmer Rouge atrocities.

Cambodia ready for Khmer Rouge genocide trial

Gulfnews

Phnom Penh: Scholars and human rights groups are welcoming this week's Cambodia genocide trial, but warn that the effort to get justice for victims of the Khmer Rouge risks falling short.

Prosecutors will launch their case on Monday against 66-year-old Kaing Guek Eav, who is accused of crimes against humanity and war crimes, as well as torture and homicide when the communist Khmer Rouge held power in the late 1970s.

The human rights group Amnesty International said it welcomes the opening of the trial against Kaing Guek Eav, who commanded the main Khmer Rouge prison.

However, it added that the UN-backed tribunal should try more than the five defendants currently in custody, and deal with allegations of corruption among its own personnel.

Former Khmer Rouge leader to go on trial in Cambodia

Duch ran a prison where people were tortured and killed under the Khmer Rouge

Norng Champhal was just 8 or 9 when he was taken to Tuol Sleng prison. He is one of the few survivors.

It's thought 15,000 men, women and children died in the Tuol Sleng prison in Phnom Penh.

CNN

TUOL SLENG PRISON, Cambodia (CNN) -- Kaing Guek Eav is an elderly former math teacher and a born-again Christian.

He is also -- prosecutors contend -- a former prison chief with Cambodia's ultra-Maoist Khmer Rouge movement who oversaw the torture and killing of more than 15,000 men, women and children three decades ago.

The trial of the 66-year-old man, better known as Duch, resumes Monday in front of a U.N.-backed tribunal just outside the Cambodian capital, Phnom Penh.

He faces charges that include crimes against humanity, war crimes, torture and murder.

While he has admitted his role in the Khmer Rouge's genocidal reign, Duch won't be spared weeks of evidence.

The prison he headed was a converted school, Tuol Sleng, that the regime renamed S-21.

Here, men, women and children were shackled to iron beds and tortured -- before they were beaten to death, prosecutors said.

Prisoners were meticulously photographed before they were put to death.

"It all seems so fresh," said Norng Champhal, who was a starving little boy when Vietnamese forces invaded the prison. He was separated from his mother after a night in the prison and never saw her again.

"It's hard to control my feelings when I see this," he said, as he watched footage of the prison taken 30 years ago. "I wonder whether my parents were tortured like these people," he said.

The Khmer Rouge swept to power in 1975. Three years, eight months and 20 days later, at least 1.7 million people -- nearly one-quarter of Cambodia's population -- were dead from execution, disease, starvation and overwork, according to the Documentation Center of Cambodia.

The organization has been at the forefront of recording the atrocities committed during the Khmer Rouge regime.

Tuol Sleng was one of 189 similar institutions across Cambodia. Duch is the first former Khmer Rouge leader to stand trial.

The tribunal, which is made up of Cambodian and international judges, does not have the power to impose the death penalty. If convicted, Duch faces from five years to life in prison.

The trial is expected to last three or four months.

"Probably the most important thing about this court is: even after 35 years, you are still not going to get away with it. That is the message," said Chief Prosecutor Robert Petit.

When proceedings began last month, more than 500 people -- including three survivors from the prison Duch ran -- filled the tribunal. About 50 people came from Kampong Thom province, the birthplace of now-dead Khmer Rouge leader Pol Pot.

"I couldn't sleep last night. I was dreaming about my time at S-21," Vann Nath, one of the few survivors of the prison run by Duch, told The Phnom Penh Post last month.

Even though Duch was not a senior leader with the movement, many Cambodians were relieved that one of the regime's former leaders was facing justice, said Youk Chhang, head of the Documentation Center of Cambodia.

"I think there is a feeling of, well you know, finally -- now it's finally happening after all these years of waiting -- hearing, fighting, negotiating," he told CNN last month. "People have that kind of sense of relief that it's now moving. When I ask people around the center today, people say, 'Oh, it's about time.'"

Four of the regime's former leaders, also accused of war crimes and crimes against humanity, await trial before the tribunal. The regime's leader, Pol Pot, died in 1998.

Thailand trying to muzzle ousted PM Thaksin

By JOCELYN GECKER
Associated Press Writer

Sunday, March 29, 2009

BANGKOK (AP) - Thailand's prime minister admitted Sunday that authorities are trying unsuccessfully to muzzle Thaksin Shinawatra, the fugitive ousted leader who is re-igniting the country's political crisis as he roams the world.

Thaksin has become the prime attraction at protests that started last week outside the prime minister's office, speaking via video link from abroad and firing up supporters with calls for nationwide protests.

"The government is trying to block the call-ins but cannot do more than the law permits," Prime Minister Abhisit Vejjajiva told a gathering of leaders from his Democrat Party. "We are also trying to get him back to the country."

Abhisit has rejected the protesters' calls for his resignation, but analysts say Thaksin has sounded a "war cry" and his strength should not be underestimated. The protests that started Thursday are the largest since Abhisit took power in December.

Thaksin was deposed by a 2006 military coup for alleged corruption and abuse of power, setting off a political crisis and a tug-of-war between his supporters and opponents. Thaksin fled into exile last year before a court convicted him in absentia of violating a conflict of interest law, and has publicly taunted authorities ever since.

The tycoon-turned-politician remains popular with the poor rural majority that benefited from his populist policies and has managed to address supporters by telephone or video link from Asia, the Middle East, Latin America and most recently Africa, aides said.

"I call on you to rise up across the country," Thaksin told about 30,000 protesters Saturday night.

"You don't need to come to Bangkok, but rally in peace throughout the country to say that we cherish democracy," said Thaksin, his image on a giant screen outside Government House, which he occupied for six years as prime minister.

Thitinan Pongsidhirak, a political scientist at Bangkok's Chulalongkorn University, said Thaksin's messages show he is determined to take his political battle to a new level.

"In terms of rallying the troops, it was a war cry," Thitinan said. "Despite the passage of time and distance, the support Thaksin has in the countryside is still potent. Last night he activated that support."

At another protest Friday night, Thaksin dropped what Thai media have called a "bombshell." He accused the chief adviser to King Bhumibol Adulyadej, the country's revered constitutional monarch, of being a mastermind of the 2006 coup and undermining Thai democracy.

The comments shocked Thailand, where the king's Privy Council is considered by many an extension of the king himself, who is widely adored and protected from reproach by strict laws.

Privy Council head Prem Tinsulanonda has not publicly responded to the allegations, which other members of the council have denied.

Last year's protests were dominated by Thaksin's opponents. They were the first to camp at Government House, where they stayed for three months, and were credited with bringing down two governments run by Thaksin's allies. Their protests culminated in a weeklong siege of Bangkok's two airports in December, crippling the vital tourism industry at the start of the holiday season.

Abhisit was named prime minister by Parliament after the two governments were removed by court decisions. Thaksin's supporters say the courts were biased and Abhisit should step down so elections can be held. They are vowing to use the same people-power method as their rivals.

RIGHTS-CAMBODIA: Khmer Rouge Custodial Torture Exposed

Chum Mey beside a Vannath depiction at Toul Slein, the former Khmer Rouge prison. Credit:Marwaan Macan-Markar/IPS

By Marwaan Macan-Markar

PHNOM PENH, Mar 29 (IPS) - On a recent morning, tourists who visited a former high school in this city, turned into an infamous torture chamber during the brutal rule of the Khmer Rouge regime in the mid-1970s, were in for a surprise – the presence of a man who lived to tell the tale.

The tourists got to listen to Chum Mey, now 78 years, who was among the 11 people who came out alive from the four buildings that were turned into the Tuol Sleng prison, or S-21. At least 12,380 people imprisoned here, including children, were tortured and killed.

Chum Mey’s account of the sufferings that male and female prisoners endured within Tuol Sleng helped bring alive the scenes the visitors encountered when walking through the three floors of each of the grey-walled buildings, their window grills encrusted with rust and sections wrapped in barbed wire.

Some rooms have rusty bed frames on which prisoners were shackled and tortured. There is an endless gallery of black and white pictures of the victims - headshots - that the Tuol Sleng’s jailors took soon after the prisoners were brought in. Some show terror in their eyes.

In the coming weeks, Cambodians are expected to learn of hitherto unknown details of the horrors wreaked within the walls of the largest centre of detention and torture when the Khmer Rouge held this country under its brutal grip from Apr. 17, 1975 to Jan. 16, 1979.

That will be from the chief jailor of Tuol Sleng, Kaing Khek Eav or ‘Duch.’ His trial, from Mar. 30 onwards, and the first of four, is before the Extraordinary Chambers in the Courts of Cambodia (ECCC), a United Nations-backed war crimes tribunal set up to try the surviving leaders of the Khmer Rouge.

It marks the end of a 30-year wait for justice. The genocidal Khmer Rouge regime was responsible for the deaths of close to 1.7 million people, nearly a quarter of the country’s population at that time.

The victims were either executed or died of forced labour or starvation as the extremist Maoist group tried to create, by brutal force, an agrarian utopia.

‘’A lot of Duch’s trial will focus on Tuol Sleng,’’ Sara Colm, senior Cambodia researcher for the global rights lobby Human Rights Watch, told IPS. ‘’We should hear details about how it functioned and the crimes committed there.’’

The ECCC’s schedule is unequivocal on the spotlight that Tuol Sleng will come under. ‘’The Trial chamber judges will question the accused first and then in turn the relevant civil parties, witnesses and experts in the order it considers useful, topic by topic,’’ states the ECCC’s website.

The topics include ‘’establishment of S-21,’’ ‘’implementation of (Khmer Rouge) policy at S-21’’ and ‘’functioning of S-21.’’

Among the Phnom Penh residents who hope to follow the trial is Chea Vannath, who lives in a spacious house, a minute’s walk from Tuol Sleng. ‘’She was executed there,’’ said the 65-year-old respected Cambodian political analyst, referring to the death of her cousin.

‘’They first killed her husband, who had been the head of another Khmer Rouge prison. We do not know what really happened during that period,’’ she added. ‘’The Duch trial will allow the older and younger generation to hear something new. But it will be a painful process for Cambodians to go through for one more time.’’

What is known includes publications brought out by the Documentation Centre of Cambodia (DC-Cam), a research organisation based in Phnom Penh that has, since 1995, identified 20,000 mass graves, located 198 Khmer Rouge prisons and interviewed nearly one million victims in preparation for a war crimes tribunal.

One DC-Cam publication has been distributed to Cambodian high schools since mid-March to educate students about Khmer Rouge atrocities. Till now, most students learnt about the oppressive rule of the government of Democratic Kampuchea, as the Khmer Rouge regime was officially known, through stories told within families and media accounts.

‘’[Prisoners were] taken to cells where they were shackled with chains fixed to walls or the concrete floor, while those kept in larger cells had their legs shackled to alternating iron bars; the prisoners slept with their heads in the opposite directions,’’ the DC-Cam book for high schools, ‘A History of Democratic Kampuchea’, reveals about Tuol Sleng.

‘’Harsh tactics were used to extract confessions at S-21. Prisoners were beaten with hands, sticks or tree branches. Sometimes they were lashed with wires or given electric shocks,’’ the publication adds. ‘’Other methods for generating confessions included pulling out fingernails while pouring alcohol on the wounds or holding prisoners’ heads under water.’’

Female prisoners were singled out for additional forms of suffering, states the 75-page publication. ‘’[They] were tortured by cutting off their breasts’’ or ‘’were sometimes raped by the interrogators, even though sexual abuse was against [Khmer Rouge] policy’’.

Some of this horror has been depicted in the paintings by Vannath, one more among the 11 survivors of Tuol Sleng. His canvases in colour spare nothing in terms of details to convey the pain on the faces of the victims as they were being brutalised by their interrogators.

These paintings of pain, which have poured out of his memory over the last 30 years, have been as vital as the works of DC-Cam to shed light on the horrors that unfolded within the walls of S-21. Some are displayed on the walls of Tuol Sleng today. Some hang on the walls of his private gallery next to a restaurant that Vannath now runs.

But such art may be drawing to an end, now that ECCC is trying Duch for the crimes he committed as the torturer in chief of Tuol Sleng. ‘’I will stop painting torture in Tuol Sleng if the court convicts Duch,’’ the soft-spoken 62-year-old said in a room filled with painful reminders of his one year in the prison that has come to symbolise the brutality of the Khmer Rouge.

Long-delayed Khmer Rouge genocide trial to begin

World AP

By GRANT PECK
Associate Press Writer

Monday, 03.30.09

PHNOM PENH, Cambodia -- Human rights groups welcomed the long-awaited start Monday of Cambodia's first genocide trial, but urged the U.N.-backed tribunal to bring many more Khmer Rouge leaders to justice.

The tribunal is seeking to establish responsibility for the ultra-communist group's brutal 1975-79 rule, when an estimated 1.7 million Cambodians died of execution, starvation, slave-like working conditions and medical neglect.

On Monday, prosecutors launch their case against Kaing Guek Eav, also known as Duch, who is accused of crimes against humanity and war crimes, as well as torture and homicide.

Four other senior Khmer Rouge leaders are to be tried over the next year. The group's top leader, Pol Pot, died in 1998.

Duch commanded the main Khmer Rouge prison, named S-21 or Tuol Sleng, where as many as 16,000 men, women and children are believed to have been sent to their deaths after undergoing torture.

"The Cambodian people will finally see one of the most notorious Khmer Rouge leaders face trial," the human rights group Amnesty International said in a statement. "But many more need to face the court to really deliver justice to the millions of victims of these horrific crimes."

Critics of the tribunal charge that Cambodia's government has sought to limit the tribunal's scope because other potential suspects are now loyal to Prime Minister Hun Sen, and to arrest them could be politically awkward.

Brad Adams, Asia director at New York-based Human Rights Watch, also questioned why so few people were being tried in the mass killings.

"The successful start of the Duch trial ... does nothing to address the fact that only five people may be held accountable for the crimes that led to the deaths of as many as 2 million people," Adams said. "It's a ridiculous proposition that only five people should be held accountable."

The trial before the Extraordinary Chambers in the Courts of Cambodia, as the tribunal is called, comes three decades after the Khmer Rouge was toppled by a Vietnamese invasion, 13 years after the tribunal was first proposed and nearly three years after the court was inaugurated.

Political wrangling, corruption scandals and inadequate financing contributed to the delays.

Amnesty International urged the United Nations and the Cambodian government to address allegations that Cambodian staff have been required to pay kickbacks to government officials for appointments.

The charges cast "serious doubts on the chambers' competence, independence and impartiality," it said.

"Any corruption allegations must be investigated promptly and thoroughly," said Brittis Edman, Amnesty International's Cambodia researcher. "A failure to do so risks undermining the credibility of the whole institution and what it is trying to accomplish."

The tribunal operates under both Cambodian and international law with Cambodian and foreign staff. It is under the joint administration of Cambodia and the U.N., which operate under separate budgets.

The court continues to be plagued by funding problems and cost overruns, and most of the international aid donors providing its budget have refused since last July to release new funds to the Cambodian side of the court because of the concerns about corruption.

However, on March 20, Japan injected another $200,000 to pay salaries for 251 Cambodian court employees. Tribunal spokesman Reach Sambath said the sum would carry them through March.

Duch is the only one of the defendants to express remorse for his actions.

"Duch acknowledges the facts he's being charged with," his French lawyer, Francois Roux, said last month. "Duch wishes to ask forgiveness from the victims but also from the Cambodian people. He will do so publicly. This is the very least he owes the victims."

Roux said Sunday that Duch was tense on the eve of going to court, but also looking forward to publicly presenting his side of the story after 10 years in jail awaiting trial.