KR Trial - News summary for May

In May 2009, media report trial of former Tuol Sleng prison chief Kaing Guek Eav, alias Duch, corruption allegation solution within Khmer Rouge tribunal, request for Nuon Chea and Ieng Thirith’s defence team, and other news relating to Pol Pot’s clothing placed for bidding with high price.

In 18 May 2009 hearing, former Toul Sleng prison chief Kaing Guek Eav, alias Duch, admitted that murder at S-21 torture center or Tuol Sleng prison was a “Ho Chi Minh’s theory implementation”, saying ‘before cutting bamboo, remove thorn’. In addition, Duch raised implementation of Communist Party of Kampuchea’s policy, CPK, at S-21 security center, saying arrested and accused of enemies, ones were not released. Even those who were confusedly arrested were not freed for security and secrecy maintenance. Separately, in 26 May hearing, Duch said, raising his right hand, “Armed conflicts between Khmer Rouge and Vietnam were conflicts of Indochina Federation line – conflicts between Communist Party of Kampuchea secretary Pol Pot and Vietnamese Communist Party Boss Le Duan. Kaing Guek Eav, alias Duch, said of relation between Communist Party of Kampuchea and Vietnamese Communist Party which caused problems within the two sides’ relation politics. Duch said Pol Pot had conflicts with Le Duan who wished to establish only one party, called Le Duan-led Indochina Party.

Craig Etcheson, 53, Khmer Rouge scholar, participated as expert witness to give testimony on Khmer Rouge’s structural assignment and technical documents in the case of former Tuol Sleng prison chief Kaing Guek Eav, alias Duch. The expert witness said first documents were instructed by Office 870 (CPK’s Standing Committee) dated 1 January 1979, being released about a week after Vietnamese troops began launching massive attack on Cambodia during Democratic Kampuchea. Craig Etcheson raised CPK’s policy implementation at S-21 led by Duch.

In 19 May hearing, the American Khmer Rouge historian, raised large-scale purge and purification (arrest and murder) arose in Khmer Rouge military unit led by Son Sen. In addition, second expert witness Nayan Chanda appeared in Cambodia’s war crimes court on 25 May, testifying on the facts of CPK’s policy implementation at S-21 and armed conflict during Khmer Rouge regime.

The allegations of corruption have arisen since the beginning of the Cambodian’s UN-backed tribunal’s 2007 proceedings. Now allegations of corruption within the tribunal are known across the US and worldwide after the well-known CNN of the power country broadcast the corruption allegations. Until now they have not been addressed, causing doubt over capacity, independence, and the future of the hybrid court.

Nuon Chea’s defence team urged judges at the Khmer Rouge tribunal to take measure against kickback paid to senior Cambodian officials of the internationally standardized court. Andrew Ianuzzi, a legal consultant for Nuon Chea's defence team, said, “I did not see any method for the pre-trial chamber willing to address kickback in the Khmer Rouge court.”

The government of Cambodia agreed to negotiate with the UN to form anti-corruption mechanism within the Khmer Rouge tribunal after Japan gave US$4,17 million to the corruption-tainted tribunal. Separately, US ambassador-at-large for war crimes, Clint Williamson claimed anti-corruption process in Cambodia was in progress though no any agreement was reached.

Public Affairs Chief Reach Sambath said 251 Khmer Rouge victims had participated as civil parties in case 002 of former Democratic Kampuchea’s National Assembly President and Brother Number 2 Nuon Chea. It is hoped more people would participate as civil parties.

The Extraordinary Chambers in the Courts of Cambodia, ECCC, rejected Nuon Chea’s appeal against provisional detention and dismissed a request for conditional release. According to a decision made 4 May 2009, Nuon Chea, 84, would be provisionally detained at the Khmer Rouge tribunal until 19 September 2009. Nuon Chea was detained first time for a year on 10 September 2007. Co-investigating Judge Marcel Lemond said plan to end case 002 investigation at the end of this year could be an ambition of the Office of the Co-Investigating Judges as the case was so complicated.

Former Khmer Rouge Social Affairs Minister Ieng Thirith’s defence team claimed confessions of 5000 Tuol Sleng prisoners were unlawful and could not be used for evidence against former senior Khmer Rouge leaders. In addition, Ieng Thirith filed an appeal against provisional detention, but was rejected on the ground of public order and her personal safety.

According to 18 May press release reads Mr. Reach Sambath, currently Press Officer, is promoted to become Chief of Public Affairs, responsible for media relations and provision of public information on the workings of the ECCC. The present Chief of Public Affairs, Dr Helen Jarvis will be redeployed to head up the Victims Unit.

Phnom Penh Municipality, Senate, and National Assembly on 20 May 2009 marked remembrance of the Cambodian people killed in Pol Pot’s regime at Chhoeung Ek Genocide Museum. The service was held to commemorate the deceased under genocidal regime of three years, eight months, and 20 days.

Four accused former Khmer Rouge leaders failed to cooperate in investigation process, You Bunleng said in a weekly press conference of the Khmer Rouge tribunal on 27 May.

An official of the Khmer Rouge tribunal on 5 May 2009 said that the tribunal took four ageing former Khmer Rouge leaders detained – Ieng Sary, Nuon Chea, Khieu Samphan, and Ieng Thirith to hospital last week to take medical examination, claiming, “They are ageing and routine medical check is always done.”

Japan gave US$ 4,000,000 to the Khmer Rouge tribunal for monthly wages of the Cambodian side’s staff after facing funding shortfall for a while. Tribunal spokesman Reach Sambath said 1 May the amount of money would be used for the monthly wages of the Cambodian side’s staff until 31 December 2009. “This is the large amount of money and completely valuable. We warmly welcome to Japan’s decision to announce its immediate contribution to the Khmer Rouge tribunal.”

Khranh Tony, administration interim director of the Khmer Rouge tribunal, explained the tribunal wanted to create a close relationship culture with the tribunal and the press – or create a discussion forum rather than leaving negotiation of rumor. Wednesday is a start of the tribunal’s weekly press conference in which both Khranh Tony and Knut Rosandhaug, tribunal’s administration deputy director, raised general progress of the tribunal.

Pol Pot’s properties and clothing were placed for bid with high price by his then-subordinate photographer. The properties include tapes, revolutionary songs of Democratic Kampuchea, thousands of Pol Pot’s photos, over two-hour video, clothing, toilet, and over ten other documents.