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Khmer Rouge prison chief awaits verdict

lauhumku

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Khmer Rouge prison chief awaits verdict


SOPHENG CHEANG, Associated Press Writer
Published: 12:19 p.m., Saturday, July 24, 2010

PHNOM PENH, Cambodia (AP) — A U.N.-backed war crimes tribunal was expected to issue a decision Monday in the trial of the Khmer Rouge's chief jailer and torturer — the first verdict involving a leader of the genocidal regime that created Cambodia's killing fields.Kaing Guek Eav, better known as Duch, ran Toul Sleng — the secret detention center reserved for "enemies" of the state.

He admitted overseeing the deaths of up to 16,000 men, women and children who passed through its gates and asked for forgiveness during his 77-day trial.
Though widely expected to be found guilty of war crimes and crimes against humanity, many in this still-traumatized nation are anxiously awaiting the sentence. Anything short of the maximum life behind bars could trigger public outrage.

"All I want before I die is to see justice served," said Bou Meng, 69, one of the few people sent to Toul Sleng who survived. "He admitted everything," he said. "If he gets anything less than life, it will only add to my suffering." The U.N.-assisted tribunal represents the first serious attempt to hold Khmer Rouge leaders accountable for the deaths of an estimated 1.7 million Cambodians from starvation, medical neglect, slave-like working conditions and execution.

The group's top leader, Pol Pot, died in 1998.
Duch (pronounced DOIK) is the first of five surviving senior figures of the regime to go on trial. Unlike the four other defendants, Duch was not among the ruling clique. He insisted during the trial that he was only following orders from the top, and on the final day he asked to be acquitted and freed — angering many of the victims. A former math teacher, Duch joined Pol Pot's movement in 1967.

Ten years later, he was the trusted head of its ultimate killing machine, S-21, which became the code name for Toul Sleng.
Only 14 prisoners are thought to have survived ordeals at the prison that included medieval-like tortures to extract "confessions" from supposed enemies of the regime, followed by executions and burials in mass graves outside Phnom Penh. The gruesome litany of torture included pulling out prisoners' toenails, administering electric shocks, waterboarding — a form of simulated drowning — and medical experiments that ended in death.

Duch, who kept meticulous records, was often present during interrogations and signed off on all the executions. In one memo, a guard asked him what to do with six boys and three girls accused of being traitors. "Kill every last one," he wrote across the top. After the Khmer Rouge were forced from power in 1979 after a bloody, four-year reign, Duch disappeared for almost two decades, living under various aliases in northwestern Cambodia, where he had converted to Christianity.

His chance discovery by a British journalist led to his arrest in May 1999.
"This is a crime that, after 30 years, is now officially being recognized by a court of law, and that is what is most wanted by survivors," said Youk Chhang, director of the Documentation Center of Cambodia, which has collected evidence of the atrocities. Though the tribunal has been credited with helping Cambodians speak out publicly for the first time about Khmer Rouge atrocities, it has faced criticism.

In an awkward legal compromise, the government insisted Cambodians be included on the panel of judges, raising concerns about political interference. Possibly fearing a widening circle of defendants could reach into its own ranks, the government sought to limit the number of those being tried. The costs have also exceeded expectations. Initially, the $78 million earmarked for the proceedings was used up in 2009, without issuing a single ruling, drawing criticism that the process was moving too slowly.

The international community has agreed to pump in an addition $92 million for the next two years.
Norng Chan Phal doesn't care about the cost — as long as Duch spends the rest of his life behind bars. "This is the most important day of my life," said the Khmer Rouge survivor, who was just 8 when his father and mother were taken to Toul Sleng and killed. He will be among hundreds of victims at the court Monday for the verdict. "I've been living without my parents for 30 years. I want to see him get what he deserves."


 

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<!-- src/business/templates/design/gallery/caption.tpl --> A Cambodian man touches leg restraints displayed at the the former Khmer Rouge's notorious S-21 prison now known as the Tuol Sleng genocide museum in Phnom Penh, Cambodia, Thursday, July 22, 2010. The U.N.-backed Khmer Rouge genocide tribunal is scheduled to deliver its verdict on Monday, July 26, 2010, against Kaing Guek Eav, better know as Duch, the Khmer Rouge prison chief accused of crimes against humanity, war crimes, murder and torture. Photo: Heng Sinith / AP




 

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<!-- src/business/templates/design/gallery/caption.tpl -->
Cambodians tour the former Khmer Rouge's notorious S-21 prison now known as the Tuol Sleng genocide museum in Phnom Penh, Cambodia, Thursday, July 22, 2010. The U.N.-backed Khmer Rouge genocide tribunal is scheduled to deliver its verdict on Monday, July 26, 2010, against Kaing Guek Eav, better know as Duch, the Khmer Rouge prison chief accused of crimes against humanity, war crimes, murder and torture. Photo: Heng Sinith / AP



 

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Cambodian visitors listen to a guide as they tour the former Khmer Rouge's notorious S-21 prison now known as the Tuol Sleng genocide museum in Phnom Penh, Cambodia, Thursday, July 22, 2010. The U.N.-backed Khmer Rouge genocide tribunal is scheduled to deliver its verdict on Monday, July 26, 2010, against Kaing Guek Eav, better know as Duch, the Khmer Rouge prison chief accused of crimes against humanity, war crimes, murder and torture.
Photo: Heng Sinith / AP




 

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<!-- src/business/templates/design/gallery/caption.tpl -->
Chum Mey, a survivor of the S-21 prison during the Khmer Rouge regime, walks near a portrait of Noun Chea, left, a former Khmer Rouge leader and right hand man to dictator Pol Pot, at the Tuol Sleng genocide museum, formerly the regime's notorious S-21 prison in Phnom Penh, Cambodia, Thursday, July 22, 2010. The U.N.-backed Khmer Rouge genocide tribunal is scheduled to deliver its verdict on Monday, July 26, 2010, against Kaing Guek Eav, better know as Duch, the Khmer Rouge prison chief accused of crimes against humanity, war crimes, murder and torture. Photo: Heng Sinith / AP



 

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<!-- src/business/templates/design/gallery/caption.tpl -->
Chum Mey, a survivor of the Khmer Rouge's notorious S-21 prison looks out a barbed wire window as he tours the prison now known as the Tuol Sleng genocide museum in Phnom Penh, Cambodia, Thursday, July 22, 2010. The U.N.-backed Khmer Rouge genocide tribunal is scheduled to deliver its verdict on Monday, July 26, 2010, against Kaing Guek Eav, better know as Duch, the Khmer Rouge prison chief accused of crimes against humanity, war crimes, murder and torture. Photo: Heng Sinith / AP



 

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Duch trial: Cambodians await verdict for Khmer Rouge prison chief

Hundreds of Cambodians have arrived at a war crimes tribunal to hear the verdict in the trial of a Khmer Rouge prison chief, hoping to see justice for the "Killing Fields" atrocities of the 1970s.

Published: 5:11AM BST 26 Jul 2010

Kaing-Guek_1530530c.jpg


Comrade Duch Photo: EPA

Kaing Guek Eav, better known as Duch, is the first cadre of the brutal communist regime to face justice in an international court. He used his trial to apologise for his role in the Khmer Rouge, which killed up to two million people, but shocked the UN-backed court in final arguments in November by asking to be acquitted.

Crowds of Cambodians, including regime survivors and Buddhist monks, turned up at the specially built court on the outskirts of Phnom Penh to hear the verdict, which judges were due to begin reading at 10:00am (0300 GMT). "I am in a moment of excitement to see whether Duch is convicted or is acquitted, whether there is justice or injustice," said Chum Mey, 79, one of the handful who survived Duch's prison because he was useful as a mechanic.

"For me, I want him to be sentenced to life in prison in order to set it as a model for the next generation," Chum Mey added. The courtroom is shielded by a massive bulletproof screen to prevent possible revenge attacks, and the verdict was to be broadcast live by all Cambodian television and radio stations.

For Cambodians, the controversial tribunal, established after nearly a decade of negotiations between Cambodia and the United Nations, may be the last chance to find justice for the Khmer Rouge's crimes during its 1975-1979 rule.


Since his trial began in February last year, Duch, 67, publicly asked for forgiveness for overseeing the murders of around 15,000 men, women and children at Tuol Sleng prison, built in a former high school. But the former maths teacher, one of five senior members of the communist movement detained by the court, surprisingly asked to be released in the final day of hearings on grounds he was not a key leader in the communist regime.

He is charged with crimes against humanity, war crimes, torture and premeditated murder, and prosecutors have asked for a 40-year prison sentence from the tribunal, which does not have the power to impose the death penalty.


 

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Special Report: Khmer Rouge's S-21 torture prison


Cambodia is to relive the horrors of the Khmer Rouge's S-21 torture prison when its jailer goes on trial.

skulls-s21_1296298c.jpg


Around 1.7 million people, or a fifth of the population, died in Cambodia during just over three years of Khmer Rouge rule Photo: EPA

Like many village homes in Cambodia, his simple house is on stilts and entered by a ladder - stripes of daylight show through the slatted bamboo floor. There is a television, wedding photographs and a small Buddhist shrine. Many believe that the man who lives here personally killed thousands of people with an iron bar.

Him Houy, 53, was the deputy head of security at the Khmer Rouge's S-21 torture centre where victims were forced to confess to imaginary crimes before being taken to the killing fields and murdered. On Tuesday his former boss, the prison's commandant Kaing Guek Eav, better known as Duch, 66, will become the first Khmer Rouge leader to face trial for crimes against humanity.

"In 1977 I went to have a meeting at Duch's house and he said 'we must kill everyone'," Him Huoy claims. "He even killed his own relatives. He never shouted, he was always very quiet, but if he gave the order to arrest someone they would be arrested. There was a motto hanging on the wall that said 'The secret enemy belongs to the CIA and KGB. We must arrest and kill them all'."

The old prison is a museum now, lined with the haunting black and white portraits of its inmates. Each one of them was grotesquely tortured with the tools still on display until they confessed to crimes they never committed. Many victims implicated everyone they ever met in fantastical conspiracies in their desperation to satisfy the inquisitors.

John Dawson Dewhirst, the only British victim, eventually claimed he joined the CIA when he was 12 years old.
Finally they were driven to the killing fields outside Phnom Penh at Choeung Ek to be killed and dumped in pits. The site is a tourist attraction now, with a monument of skulls and the clothes of victims emerging from the bumpy ground.

Surviving prisoner lists show that at least 12,380 people passed through S-21, although the true number may be higher. Only around a dozen are believed to have survived.
Four other Khmer Rouge leaders are in custody awaiting trial and prosecutors at the court, jointly run by the United Nations and the Cambodian government, are preparing cases against six more people.

The court will only pursue senior figures – Him Huoy is not important enough to be prosecuted, although he will be a witness in Duch's trial.
It is three decades since the fall of the Khmer Rouge's lunatic regime, and the special court has been blighted by delays, financial scandal and political rancour. The hope is that at the end of it all Cambodians will have heard their painful history carefully examined and – perhaps – laid to rest.

If the process is a success the wounded country might move a step closer to reconciliation and "closure".
For Van Nath, 62, one of S-21's tiny band of surviving victims, justice delayed is still important. When I met him a year ago he was bright eyed with a full head of white hair but he complained that his health was beginning to fail.

As part of a unique experiment he will be a "civil party" in Duch's trial, represented by a lawyer with the right to question witnesses and influence proceedings.
"I'm not looking for torture like he did to me, or for him to be killed like he killed other people," Van Nath said. "He should apologise to his victims so they can rest in peace. Of course, if he regrets what he did that means something."

But glib notions of "closure" may be beyond reach for survivors of Cambodia's hell. Between 1975-79 an estimated 1.7million people, or 20 percent of the population, were executed or died of starvation and overwork. Half the populations is under 30 and too young to remember those days – for the older ones it is doubtful whether anything can lay the past to rest.

Nevertheless, surveys show that around 80 percent of Cambodians support the court process.
Thousands of relatively low level Khmer Rouge cadres, many with the blood of hundreds or thousands of people on their hands, live in villages across the country. A few occupy high positions in government and the army. Duch, now a born-again Christian, is in fact almost unique among Khmer Rouge figures in that he has acknowledged his crimes and asked forgiveness.

Nevertheless, he is expected to argue at his trial that he was following orders from more senior leaders and he would have been killed if he had not obeyed.
"They always say they did nothing wrong, they only followed orders and it's not their fault," Van Nath said angrily. "I don't want to hear them say they followed orders and did their job."

Him Huoy makes just that argument to explain his own actions. "Duch said whoever went against his orders, he would kill him," he said. In 2002 Van Nath and Him Huoy, the victim and the perpetrator, were reunited at the prison to make a documentary, S-21: The Khmer Rouge Killing Machine. In the film the old guards and their prisoners confronted each other, recalled and even re-enacted life at the prison.

"It was not easy for me, it was hard to handle the situation, but we had a plan to ask questions and I had to ask them," Van Nath said of coming face to face with Him Huoy. "It was hard for me because I hate this man. He killed a lot of people. It has been thirty years now and I have never heard him apologise."

When the court was set up it was decided that in the interests of national reconciliation junior figures such as Him Huoy should not be prosecuted – there are simply too many of them. But as far as Van Nath is concerned, "Absolutely this man should be prosecuted." "I am trying to find a way to compare this man to something," he said.

"I can describe him, while he worked with Duch, this man was like a computer button. Him Huoy was the most trusted person of the regime." Today Him Huoy is a gentle seeming, quietly spoken man. As he talked to me in his village home children played in the sunlight outside and older relatives lounged in hammocks strung beneath the house.

He fled S-21 with the other prison staff on the day the regime crumbled in 1979. Four years later he was arrested by the new government and accused of being the prison director.
"At that time they asked me how many people I killed. I said 'a thousand'," he told me. "They said 'could it be more?' and I said 'you can say more', because in those days I was so depressed I couldn't do anything.

I didn't want to be alive anymore. I wanted them to kill me right away."
"My brain is getting better now. The bone is getting harder. There is no depression now," he added with a weak smile, his eyes dampening. As Him Houoy tells it, the prisoners would be blindfolded and driven by truck from the prison to the killing fields at night. He said he knew that many of them were innocent – some were his former colleagues.

Him Huoy has given differing accounts of his actions to different interviewers. It was his job, he claimed, to record the prisoners' names as they were unloaded from the trucks. "We told them 'we will take you to a new house'. We never told them anything that would frighten them," he said. Then they were led away and killed at the edge of the pits with knives and iron bars to save bullets - it would take about four hours to kill 100 people.

Him Huoy, who insisted he killed only five people, described killing a man. "Duch was sitting there under a tree and there was one prisoner left," he said. "Duch said to me, 'are you honest with the government? If you are honest with the government then you have to kill this prisoner' and he took an iron bar from the ground and gave it to me." "I beat him once on the back of the neck and I threw the iron bar down and I walked away," he claimed.

Him Huoy likened himself in those days to a pig in cage. "It can't move," he said. "If they want to kill the pig they can. We wanted to escape but we couldn't." For him dealing with the past is not about examining it in court but obout forgetting. "If you didn't ask me about it I would try to forget. I just try to earn a living and not remember these things," he said flatly. And what about apologising? "I think the guards should apologise to the prisoners, it is polite to do so," he allowed. "But I am also a victim of the regime, Duch is the right one to punish."


 

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Khmer Rouge prison chief sentenced to 35 years in jail


Khmer Rouge prison chief sentenced to 35 years in jail

By Martin Petty and Prak Chan Thul PHNOM PENH | Mon Jul 26, 2010 1:52am EDT

PHNOM PENH (Reuters) - A U.N.-backed tribunal sentenced a senior member of the Khmer Rouge to 35 years in prison on Monday in its first verdict three decades after the "Killing Fields" revolution tore Cambodia apart. The verdict was short of the maximum 40 years sought by the prosecution and of the life behind bars demanded by many Cambodians who have struggled for decades to find closure for one of the darkest chapters of the 20th century.

Kaing Guek Eav, known as Duch, was found guilty of murder, torture, rape, inhumane acts, crimes against humanity and other charges for running a prison that symbolized the horrors of the ultra-communist regime blamed for 1.7 million deaths in 1975-79. The 67-year-old the former schoolteacher, who admitted to overseeing the torture and killing of more than 14,000 people, will only serve 30 years because the court ruled he was held illegally by the Cambodian military from 1999 to 2007.

Duch betrayed no emotion as the verdict was read but some Cambodians wept loudly in the courtroom. "There is no justice. I wanted life imprisonment for Duch," said Hong Sovath, 47, sobbing. Her father, a diplomat, was killed in the prison. Khan Mony, whose aunt was executed after passing through the Duch's jail, said he was devastated. "The verdict is not fair. This warranted life. Duch killed so many people.

If this court was fair, people would have been calm and accepted this," she said. The court said at least 12,273 people were killed at Duch's Tuol Sleng prison, a converted high school also known as S-21 but acknowledged the number could be as high as 14,000. "The chamber has decided there are significant mitigating factors that mandate a finite term imprisonment rather than life imprisonment," the tribunal's president said, citing Duch's expressions of remorse and cooperation with the court.

COMPLEX CASES

Thousands huddled around televisions in cafes and homes to watch live broadcasts of the verdict, the first by the joint U.N.-Cambodian court set up to end decades of silence over atrocities committed by the Khmer Rouge.

Now a born-again Christian, Duch had expressed "excruciating remorse" for the S-21 victims, most of them tortured and forced to confess to spying and other crimes before they were bludgeoned at the "Killing Fields" execution sites during the agrarian revolution, which ended with a 1979 invasion by Vietnam. Some have expressed hope the verdict would finally give the impoverished nation a chance to move forward -- and a chance for investors to gauge whether rule of law has taken root in one of Asia's most promising frontier markets. Justice, however, could be elusive.

Duch's case is clear-cut and only the start. More controversy awaits when, or if, four other cadres indicted by the court are finally tried. The cases of former President Khieu Samphan, "Brother Number Two" Nuon Chea, ex-Foreign Minister Ieng Sary and his wife, Ieng Thirith are highly complex and politicized. Many fear they may never go to trial, or they might die before seeing a courtroom.

Standing in the way of justice, analysts say, is not just the excessive bureaucracy and a drawn-out legal process, but a powerful single-party government that has never fully backed the tribunal and has historical ties to the Khmer Rouge. Many former Khmer Rouge members are now part of Cambodia's civil service and occupy top positions in provincial and central government and experts say they are keen to curtail the court's progress and limit the scope of future investigations.

Long-serving Prime Minister Hun Sen is himself a former Khmer Rouge foot soldier who says he defected to eventual conquerors Vietnam. He has warned of another civil war if the court expands its probes into the horrors of Pol Pot's "year zero" revolution. Finance Minister Keat Chhon has also admitted his involvement as an interpreter for late Khmer Rouge leader Pol Pot, while Foreign Minister Hor Namhong has been accused of having Khmer Rouge connections and heading a detention center. He denies the claims.

(Editing by Jason Szep and Jonathan Thatcher)


 

chowka

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Khmer Rouge prison chief sentenced to 35 years in jail


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Senior Khmer Rouge regime member Kaing Guek Eav, also known as Duch, sits in court at the Extraordinary
Chambers in the Courts of Cambodia (ECCC) on the outskirts of Phnom Penh July 26, 2010.



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People offer incense during a Buddhist ceremony to commemorate the victims of the Khmer Rouge at
Toul Sleng museum in Phnom Penh July 25, 2010.



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Tourists look at skulls on display at the memorial stupa filled with more than 8,000 skulls of victims of the Khmer Rouge regime at Choeung Ek,
a "Killing Fields" site located on the outskirts of Phnom Penh July 24, 2010.



 

chowka

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Khmer Rouge prison chief sentenced to 35 years in jail


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A monk looks at a picture of Ngem Chey, a victim of the Khmer Rouge, during a Buddhist ceremony to commemorate the victims of the Khmer Rouge at Toul Sleng museum in Phnom Penh July 25, 2010.


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Norng Chan Phal (L), a child survivor of the Khmer Rouge, prays as his daughter looks on during a Buddhist ceremony to commemorate the victims of the Khmer Rouge at Toul Sleng museum in Phnom Penh July 25, 2010.


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Monks bless a group of people during a Buddhist ceremony to commemorate the victims of the Khmer Rouge at
Toul Sleng museum in Phnom Penh July 25, 2010.



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A human skull scarred by an axe or knife is displayed at the memorial stupa filled with more than 8,000 skulls of victims of the Khmer Rouge regime at Choeung Ek, a "Killing Fields" site located on the outskirts of Phnom Penh July 24, 2010.


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