By Pei Hu
Impunity Watch Reporter, Asia

PHNOM PENH, Cambodia —On February 17^th, 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

By Shayne R. Burnham
Impunity Watch Reporter, Asia

PAKISTAN – U.S. and NATO forces are concentrating their military efforts in Quetta, the capital of the Baluchistan Province, Pakistan. Quetta is believed to be the center of operations for Taliban leaders and where the group has been sending supplies such as arms, money and fighters to southern Afghanistan.

Taliban leader Mullah Muhammad Omar is one of many said to be hiding in Quetta. It is claimed that he guides commanders in southern Afghanistan, raises money from Gulf donors and delivers arms and fighters.

The U.S. intends to send about 30,000 additional troops to Afghanistan, but military officials say that this effort may be fruitless unless Pakistan assists in capturing Taliban leaders and cutting supply lines into Afghanistan.

U.S. and other western officials claim that Pakistani security forces do little to address the presence of Taliban military commanders in Quetta.

Pakistani officials state that their intelligence does not indicate where Taliban leaders are located.

“Pakistan will act against any individuals involved with Al Qaeda or the Taliban about whom we have actionable intelligence,” said Husain Haqqani, Pakistan’s ambassador to the U.S. “The problem is we do not always get actionable intelligence in Quetta in particular. It’s a very messy area.”

Some officials understand the hardship of the Pakistani government in Islamabad in capturing Taliban leaders. The Baluchistan Province has been a known hostile area to the government and it is difficult for government spies to get sources there.

However, members of the Obama administration believe that it must put pressure upon the Pakistani government to aid in U.S. efforts. “We’ve made some progress going into the tribal areas and North-West Frontier Province against Al Qaeda, but we have not had a counterpart war against the Quetta shura,” said a senior Obama administration official. Secretary of State Hillary Clinton has said that the Obama administration will threaten to cut off military aid to Islamabad unless Pakistan carries out a crackdown on militants operating throughout the country.

For more information, please see:

Associated Press – Pakistan Complicit in Killing by Taliban, a Polish Official Says – 10 February 2009

International Herald Tribune – The Taliban in Pakistan are Raising U.S. Fears – 10 February 2009

Newsweek – Pakistan’s Dangerous Double Game – 13 September 2008

By Pei Hu
Impunity Watch Reporter, Asia

HANOI, Vietnam – Nguyen Viet Chien, a well known anti-corruption reporter for the Thanh Nien newspaper, was granted the Lunar New Year amnesty. On January 15th, Vietnamese President Nguyen Mihn Triet signed for Chien’s freedom before his jail term ended. Chien is one amongst 15,000 prisoners to be freed before the prisoner’s jail term.

Among those to be released as part of the Lunar New Year amnesty are 36 foreigners including 19 Chinese, five Taiwanese, four Cambodians, three Malaysians, one Briton, one French, one South Korean, one Laotian, and one Sri Lankan.

In May 2008, Chien and his colleague Nguyen Van Hai was arrested for covering a high profile scandal where government officials were accused of misusing large sums of public funds. In October Chien was charged with “abusing freedom and democratic rights” and sentenced to two years in jail. Throughout trial Chien maintained his innocence. Chien’s arrest and conviction caused an international outcry.

Chien’s colleague, Hai pleaded guilty and was awarded a lenient sentence to two years of re-education without detention. International Media Watchdog, Reporters Without Borders, called the prosecution of Chien and Hai as a “terrible step backwards for investigative journalism in Vietnam”.

The Vice Minister of Public Security Le The Tiem told reporters that “Nguyen Viet Chien will be released in this presidential amnesty for showing remorse while serving his sentence,” and “Mr. Chien co-operated with the authorities so he was granted this special amnesty.”

Reporters Without Borders said, “This early release is obviously a good thing in itself, but it will not make us forget that this journalist should never have gone to prison in the first place … This case now being closed, it is time for the government to introduce reforms that will prevent this kind of scandal happening again.”

For more information, please see:

AP – Official: Vietnam to Release Jailed Reporter Early– 16 January 2009

BBC – Vietnam Reporter Freed in Amnesty– 16 January 2009

RSF – Government Announces Early Release of Journalist Nguyen Viet Chien– 19 January 2009