Cambodia Opens Landmark Khmer Rouge Trial

By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia —On February 17th, Cambodia began the trial for the atrocities of the “Killing Fields.” Former Tuol Sleng prison chief Kaing Guek Eav, also known as “Duch”, faces charges of crimes against humanity. Duch, now 66, is accused of presiding over the deaths of 15,000 men, women, and children in Tuol Sleng prison over 30 years ago.

The UN-funded tribunal was established in 2006 and after much delay and controversy, the tribunal opened for the first time on Tuesday. The tribunal is to try Duch on charges of crimes against humanity, war crimes, torture and premeditated murder. Duch faces a possible life sentence and the tribunal does not impose the death penalty. “This first hearing represents the realization of significant efforts in establishing a fair and independent tribunal to try those in senior leadership positions,” chief judge Nil Nonn said at the opening of the trial.

The Khmer Rouge regime killed 2 million people which nearly wiped out a quarter of the country’s population.  Tuol Sleng prison was used to extract false confessions from alleged traitors who were under suspicion of being agents of foreign powers including the CIA. Many inmates were taken to nearby Choeung Ek, an orchard now known as the “Killing Fields.” Adults were beaten to death while children’s heads were smashed against trees. “I prayed for dawn as soon as possible so that I could see this trial start,” said artist Vann Nath, one of the few survivors from the prison.

On Tuesday, the hearing adjourned after seven hours of legal arguments, which mainly dealt with the admissibility of witnesses. Duch’s defense lawyer Francois Roux complained to the court that it was “unacceptable” that Duch had been held without trial for more than nine years. After the first day of trial, Roux told reporters that Duch acknowledged the charges against him and wished to use proceedings to publicly ask forgiveness from his victims as well as all other Cambodian people.

Roux told the press, “Duch will try to explain some things, but he can’t explain all that happened. Is it possible to explain what has gone against humanity itself?”

Like most of the Khmer Rouge’s top figures, Duch lived freely for years until he was arrested in 1999. He was formally transferred to the tribunal in July 2007. Currently, Duch is held at villa along with four top Khmer Rouge leaders, who will face trial later this year.

Kan Hann, whose brother and sister died of starvation and overwork under the Khmer Rouge, came to the trial on Tuesday. “My dream has come true now as I have been waiting for the trial for 30 years,” he said.

For more information, please see:

ABC News – Cambodia Killing Fields Trial Opens; The Chief Accused Expresses Remorse– February 2009

APF – Cambodia opens landmark ‘Killing Fields’ trial – 17 February 2009

New York Times – Khmer Rouge Genocide Trial Opens in Cambodia – 17 February 2009

APF – Picture of Dutch on Trial

Author: Impunity Watch Archive