Khmer Rouge Prison Chief Sentenced To 35 Years In Prison

[webfact]

Khmer Rouge prison chief handed 30 years in prison

by Patrick Falby

PHNOM PENH (AFP) -- In a historic first, a UN-backed court Monday sentenced a former Khmer Rouge prison chief to 30 years in jail for the executions of about 15,000 people during Cambodia's "Killing Fields" era.

Kaing Guek Eav, better known as Duch, is the first Khmer Rouge cadre to face justice in an international tribunal over the deaths of up to two million people through starvation, overwork and execution under the 1975-1979 regime.

The maths teacher-turned-revolutionary was convicted of charges including crimes against humanity and war crimes.

But to the dismay of survivors and relatives of victims, the court took into account the years he has already served since his arrest in 1999, meaning that the 67-year-old could live to see freedom in 19 years' time.

After apologising during his trial in Phnom Penh for overseeing mass murder of men, women and children at Tuol Sleng prison -- also known as S-21 -- Duch shocked the court in November by finally asking to be acquitted.

"The role of the accused as the undisputed head of S-21 is confirmed by the accused's own admission, the testimony of witnesses and civil parties," head judge Nil Nonn said as he read out the verdict.

"Every individual detained within S-21 was destined for execution in accordance with the Communist Party of Kampuchea policy to smash all enemies," he added.

But the court found there was insufficient evidence to prove Duch personally committed torture or other inhumane acts, the judge said.

Tuol Sleng was the centre of the Khmer Rouge security apparatus and thousands of inmates were taken from there for execution in a nearby orchard that served as a "Killing Field".

The court found Duch "worked tirelessly to ensure that S-21 ran as efficiently as possible and did so out of unquestioning loyalty to his superiors".

Crowds of Cambodians, including regime survivors and Buddhist monks, turned up at the specially built court on the outskirts of Phnom Penh, hoping finally to see justice for the Khmer Rouge's crimes.

Duch was initially given 35 years but the court reduced the jail sentence after ruling that he had been detained illegally for years by a Cambodian military court before the UN-backed tribunal was established.

Prosecutors, who had asked for a 40-year prison term, hailed the judgement as a historic day for Cambodia, although they said they would consider appealing for a stiffer sentence.

"This is a court case, not a football match, so there are no winners or losers. It's really a question of whether justice has been applied," deputy prosecutor Bill Smith told reporters.

Duch, wearing a blue shirt, slumped in his chair as the tribunal read out the verdict in a courtroom shielded by a huge bullet-proof screen to prevent revenge attacks by Khmer Rouge victims.

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 Cambodia's population.

Rising to power as a tragic spin-off of the US war in Vietnam, the communist 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 in 1979, 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.

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

The joint trial of four more senior Khmer Rouge leaders charged with genocide is expected to start in 2011.

The court is also investigating whether to open more cases against five other former Khmer Rouge cadres after a dispute between the international and Cambodian co-prosecutors over whether to pursue more suspects.

-- (c) Copyright AFP 2010-07-26

[webfact]

Former Khmer Rouge prison chief sentenced to 35 years for crimes against humanity by Cambodia's UN-backed war crimes court

-- TNA 2010-07-26

[angiud]

Why not life?

(I'm against death penalty) otherwise...

[Tropicalevo]

Why not life?

(I'm against death penalty) otherwise...

He is 67 now. I think that is pretty much 'life'.

[Wozzit]

I visited the school in Phnom Penh that became the infamous Tuol Sleng prison. I could not hold back tears. I went to the Killing Fields outside the city. I saw the site of the mass graves and the memorial filled with skulls. Again I cried. Man's inhumanity to man knowns no bounds. i am glad that the Cambodians are finally confronting their horrific past. I am only saddened that many of those responsible for the genocide are dying of natural causes before the wheels of justice have caught up with them.

[SomTumTiger]

One murderer brought to justice - many more to go. Unfortunately, many of them are now "elected officials"...

[toptuan]

I visited the school in Phnom Penh that became the infamous Tuol Sleng prison. I could not hold back tears. I went to the Killing Fields outside the city. I saw the site of the mass graves and the memorial filled with skulls. Again I cried. Man's inhumanity to man knowns no bounds. i am glad that the Cambodians are finally confronting their horrific past. I am only saddened that many of those responsible for the genocide are dying of natural causes before the wheels of justice have caught up with them.

My first trip to Cambodia included these infamous sites as well, and I responded as you. I became personal friends with my Cambodian guide (friendship going on 7 years now), who lost 17 members of his extended family to the Khmer Rouge purge, including his own father who was the head professor of French at Phnom Penh University. A family devastated.

I observed my guide-friend as he cowered in seething hatred under the brash story-telling of murderous exploits of an arrogant former Khmer-Rouge-turned-security-guard at Angkor Wat. We left the area as soon as possible when I noticed my friend was shaking from emotion.

It will be generations before the country recovers from having lost its best-educated and most-able population.

Glad to see some long-delayed justice being meted out for these horrific crimes.

[angiud]

Why not life?

(I'm against death penalty) otherwise...

He is 67 now. I think that is pretty much 'life'.

Of course, but formally a life sentence would have a different meaning.

[Svenn]

I worked personally on Duch's trial a few years back for the civil parties, I'm glad to see a result finally came of it. I doubt it makes anyone feel better except the barangs though... the actual killing was done by thousands of teenagers and young men that are everywhere in Cambodia society today... I translated stories of victims that have to see their family's murderer drive by their house everyday. I'm no sociologist, but I can't help but wonder if the hundreds of thousands of dollars they are expending on legal fees for these trials would be better spent on helping the victims themselves. It broke my heart to see victim plea and after plea for $100, $500, $1000 for a funeral, road, school, etc., only to know that it was highly unlikely they'd ever get anything.

[craigt3365]

Wow...good point. And I bet the number is more in the millions and millions of dollars they have spent on this. And after MANY years, finally got a verdict. Easy to get away with murder in some of these countries....

[webfact]

Long road to day of reckoning

James O'Toole and Cheang Sokha

In 1999, photojournalist Nic Dunlop discovered Duch living in Battambang province under an assumed name. He was arrested later that year and brought to Phnom Penh, where he was held by a military court pending trial until his handover to the ECCC in 2007.

On Monday morning, hundreds of journalists, diplomats, government officials and Khmer Rouge-era survivors will descend on Cambodia’s war crimes tribunal in Phnom Penh for the historic verdict in its first case, that of Tuol Sleng prison chief Kaing Guek Eav, alias Duch.

United Nations court spokesman Lars Olsen said all major TV and radio stations in Cambodia would be broadcasting the event live, with more than 300 media representatives from around the world scheduled to attend. So what is it listeners and viewers can expect when they tune in?

Proceedings at the Extraordinary Chambers in the Courts of Cambodia are scheduled to begin at 10am, and Olsen said the session was not expected to extend “beyond lunchtime”. Trial Chamber President Nil Nonn is scheduled to read out a summary of the judgment, and Olsen said it was “not foreseen that the format of the hearing will allow various parties to speak”.

story continues: phnompenhpost.com

-- The Phom Phenh Post

2010-07-26

[lapoon]

In my trips to Cambodia, I refused to go to S-21 as it was a tourist attraction

It should be sacred ground.

My biggest disgust is that I as a westerner supported this regime, but now we pretend not to remember our part..

[Robby nz]

Went there also and read a very good book on the history of the whole deal.

Seems even the guards didnt get out of S 21 alive.

PP died without ever conceding he had done anything wrong and without any attempt made to bring him to justice.

Whether trying Dutch now is worthwhile or just a political exercise is debatable.

However the whole thing shows what can happen when an extremist gets hold of a country.

[SiriusBlack1]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

[Wozzit]

In my trips to Cambodia, I refused to go to S-21 as it was a tourist attraction

It should be sacred ground.

My biggest disgust is that I as a westerner supported this regime, but now we pretend not to remember our part..

A good and fair point. But I also think everyone should see such sites - as they should Auschwitz and other mass killing grounds. Also I am not sure I agree that it is a "tourist attraction". Sure tourists go, but it is a very moving and solemn experience. The full impact of what happened can not be learned from books and photos. To be there is to feel in your soul the full horror of it.

There is an excellent book which I hope is still in print: "Sideshow: Kissinger, Nixon and the Destruction of Cambodia". I do not know enough of the history to make judgements. But it seems clear that the USA's illegal and undeclared war against Cambodia, taken together with SIhanouk's wishy-washy diplomacy and the corrupt puppet regime in Phnom Penh, set the pieces in place for the takeover by the Khymer Rouge. We cannot undo the past. All we can do is reflect on it and determine that each of us must do everything we can to ensure that such genocide never happens again.

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

I often wonder what would have happened in South East Asia if first Roosevelt or later Truman had agreed to Ho Chi Minh's many requests for assistance in getting rid of the French colonialists. Unfortunately, Truman needed France's help in the war against communism in Europe. So despite colonialism being against American policy, the French were allowed to continue their domination of Vietnam. I therefore do not think you can blame the US for everything. The French rule in Vietnam was bloody and humiliating. They must take their share of the blame, as must all the western powers who turned their eyes away when the murderous Pol Pot closed his country. It was only a few intrepid and brave journalists who eventually exposed what was happening a couple of years or so later. I do think, though, that there must be sufficient evidence somehwere for Kissinger to be indicted as a war criminal.

Edited July 26, 2010 by Wozzit

[canuckamuck]

You can thank the French for creating the tension in the first place. But it was the Arms trade which was the real motivation behind the war. They sure sold a lot of bombs.

[phuketrichard]

to many this will bring closure but to many other that contribited to the killings they still live freely. ( many in the current HS goverment)

My Cambodian gf lost many members of her family and the ones that survived will not talk about it. They just want to get on with their lives.

[craigt3365]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

I agree that the US was part of the problem, for sure. But how far back do you go? Bolivia for the millions who died mining silver for the Spanish? The hundreds who died in Indonesia fighting against the Dutch? The UK was all over the world (Middle East, India, Pakistan...well, there truly were everywhere). And Africa is basically a mess due to mainly European countries and religious institutions. It's terrible when countries do this stuff and then get away with it...to this day...

[Wozzit]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

I agree that the US was part of the problem, for sure. But how far back do you go? Bolivia for the millions who died mining silver for the Spanish? The hundreds who died in Indonesia fighting against the Dutch? The UK was all over the world (Middle East, India, Pakistan...well, there truly were everywhere). And Africa is basically a mess due to mainly European countries and religious institutions. It's terrible when countries do this stuff and then get away with it...to this day...

Agreed. You have to stop somewhere. If not, then you can trace the present conflict between certain muslims and certain non-muslims to the Crusades. I do think meaningful justice basically requires a physical presence. So punishment can be meted out for crimes committed by a person or persons who remain alive, whereas those who are dead escape. (I know this might open up a debate about justice for those killed by the state and then proved innocent, but I think that is a separate issue).

You can thank the French for creating the tension in the first place. But it was the Arms trade which was the real motivation behind the war. They sure sold a lot of bombs.

Some of which continue to kill and maim today - mostly children, especially in Laos. Lest we forget, the war was centred on Vietnam, but embraced Cambodia and also Laos . Yet, in a largely secret war, more tonnage was dropped over Laos than by all combatants during the entire Second World War. That amounted to one planeload of bombs every 8 minutes, 24 hours per day for 9 years! It is the most bombed country in history!

Edited July 26, 2010 by Wozzit

[sunanta]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

and just where are you from oh wise one?????do you forget that if not for those aggressive americans you would probably be speaking german or japanese right now????

[ding]

Good riddance to bad rubbish.

The Christian conversion angle doesn't move me in this case. Keep 'em comin'!

"NEXT!"

[Svenn]

to many this will bring closure but to many other that contribited to the killings they still live freely. ( many in the current HS goverment)

My Cambodian gf lost many members of her family and the ones that survived will not talk about it. They just want to get on with their lives.

This was the sentiment I encountered as well... Cambodians have a very different notion of 'justice' than we do in the west- the concept of holding Duch and a few other 'senior leaders' up as the "representative" of the atrocities the victims personally faced is counterintuitive and not very gratifying for their profoundly deep wounds. The whole trials actually seem like an exercise in barang guilt as far as I can tell... most of the country has no idea they're even going on or are indifferent, and they're only really proceeding at the mercy of Hun Sen. I know an old Polish lady here in the states who gets $200 a month from the Germans, I don't see why Cambodia, France, and the US couldn't pitch in and do something similar. Though I don't want put all the blame on the West as others are oft to do... take a look at the engravings of mass enslavement on Angkor Wat and you'll notice some of the aspects of the KR era weren't entirely unprecedented.

[jackr]

...do you forget that if not for those aggressive americans you would probably be speaking german or japanese right now????

A fitting sentence would be chain him to the wall in S-21 with daily water-boarding and a couple of grains of rice. No need to close the place.

[generealty]

i have lived and worked in South East Asia for over 15 years and I am currently working in Hanoi Vietnam, where only this week there was a meeting of Heads of States with Hillary Clinton in attendance. Talking about the American aggression in this part of the world by getting itself involved in a war that it was not party to nor invited to. They are over 3 million Vietnamse people suffering from the Órange Crusade'which is where US Forces dropped millions of liters of Chemicals known as Orange compound onto Vietnamse people. Mostly in the south-which by the way was supportive of the Americans. 2nd and 3rd generation children are born and suffering from this chemical which the world knows little or nothing about. Incidently, the winds blew this chemical agent across borders so people in Laos and Cambodia all suffered at their oppressive hands. It was after World War 2 that the allies led by america redrew internationsal boundaries In South East Asia, and to this day people are opposing the new boundaries. Thailand, Malaya, Laos and Cambodia alike. I can never condon violence, such as what happened at the hands of dictators like Pol Pot. But i can see and understand the resentment that builds up inside people when countries thousands of miles away sticks its nose into where it is not wanted. Even people back home in the States did not want to be involved. When will the Americans ever realise that they are mostly not welcome unless asked before hand. Same thing going on now in the middle east and God Forbide what will be the outcome of the Joint Military Excercises of Korea if they continue to stamp their feet in anger at the ''Crazy'dictator ruling that country. I feel sorry for our children as i believe we are living in the most unstable period in my lifetime. not knowing who the enemy is. This is new, before world War 1 and 2, we all worn uniforms and could identify our enemy, but unfortunately those days are gone. Countries should think long and hard about the repucussions that we leave our children to face in the future.

[ronrat]

I was at S-21 Xmas eve. A damning indictment on humanity and doctrinal rule. One more bullet would solve this problem.

[Wozzit]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

and just where are you from oh wise one?????do you forget that if not for those aggressive americans you would probably be speaking german or japanese right now????

Am I wrong, or wasn't the war in Vietnam and surrounding countries well after the end of World War 2? I accept, however, that the US frequently takes a bashing from those who conveniently forget that it's entry into World War 2 did indeed turn the tide. But let's not forget that had it not been for the Brits, the whole of Europe would have been under Hitler well before the US made up its mind.

It does strike me that America and Americans sometimes have problems in coming to terms with the fact that it is the world's only superpower. During the Cold War, both sides got away with lots of atrocities by basically blaming the other side. With the crash of the Soviet Union, there is no-one now to take the blame except the US. The good that it does - and it's a lot - is conveniently glossed over by those with other agendas. In time, though, the Chinese will rival it in economic and military might. Perhaps then the bashings will tail off.

[martyboy]

What's disgusting about all this is why the hel_l justice is being sought decades after the event. The gross ineptitude of the the government and all the quagmire of officialdom, endemic coruption and indifference of the international community, and of course those members of the current government who can no doubt remember those halcyon days slitting children's throats and raping and torturing women to death - is nothing less than pure evil.

It has been mentioned that if more of those psychopathic killers were brought to justice it could trigger a civil war. Does that mean there are still enough Pol Pot sympathizers in Cambodia today who could take up arms against the present government? I have lost faith in humanity.

[craigt3365]

The Khmer Rouge could never have seized power if the United States had not destabilized the entire region with its aggression. A great deal of the blame lies with the US. It would be wonderful if the US would apologize and pay reparations to Vietnam, Cambodia and Laos. It would certainly be a better use of billions of dollars than bailing out Wall Street.

and just where are you from oh wise one?????do you forget that if not for those aggressive americans you would probably be speaking german or japanese right now????

Am I wrong, or wasn't the war in Vietnam and surrounding countries well after the end of World War 2? I accept, however, that the US frequently takes a bashing from those who conveniently forget that it's entry into World War 2 did indeed turn the tide. But let's not forget that had it not been for the Brits, the whole of Europe would have been under Hitler well before the US made up its mind.

It does strike me that America and Americans sometimes have problems in coming to terms with the fact that it is the world's only superpower. During the Cold War, both sides got away with lots of atrocities by basically blaming the other side. With the crash of the Soviet Union, there is no-one now to take the blame except the US. The good that it does - and it's a lot - is conveniently glossed over by those with other agendas. In time, though, the Chinese will rival it in economic and military might. Perhaps then the bashings will tail off.

The French fought in Vietnam from about 46 until mid 50's. The lucky USA took up after that.

Funny you mention the Chinese. I think you are right. And I can't wait until they travel a bit more. Then nobody will remember the "ugly American" phrase. The Chinese will capture that right quickly....

[Wozzit]

What's disgusting about all this is why the hel_l justice is being sought decades after the event. The gross ineptitude of the the government and all the quagmire of officialdom, endemic coruption and indifference of the international community, and of course those members of the current government who can no doubt remember those halcyon days slitting children's throats and raping and torturing women to death - is nothing less than pure evil.

It has been mentioned that if more of those psychopathic killers were brought to justice it could trigger a civil war. Does that mean there are still enough Pol Pot sympathizers in Cambodia today who could take up arms against the present government? I have lost faith in humanity.

The delay is unforgivable, but seemingly tied up with Khymer Rouge loyalties and Vietnamese politics. We must remember that the present leader Hun Sen was a member of that Khymer Rouge Killing machine. He and some colleagues, including Heng Samrin, fell out with Pol Pot and fled to Vietnam in late 1978. The VIetnamese assembled a government in exile around them, and installed them in power after their 1979 invasion. In 1999 Hun Sen gave amnesty to several Khymer Rouge thugs, including Khieu Samphan and its chief idealogue Nuon Chea. At the time, he stated a trial would not be in the public interest!!

[martyboy]

What's disgusting about all this is why the hel_l justice is being sought decades after the event. The gross ineptitude of the the government and all the quagmire of officialdom, endemic coruption and indifference of the international community, and of course those members of the current government who can no doubt remember those halcyon days slitting children's throats and raping and torturing women to death - is nothing less than pure evil.

It has been mentioned that if more of those psychopathic killers were brought to justice it could trigger a civil war. Does that mean there are still enough Pol Pot sympathizers in Cambodia today who could take up arms against the present government? I have lost faith in humanity.

The delay is unforgivable, but seemingly tied up with Khymer Rouge loyalties and Vietnamese politics. We must remember that the present leader Hun Sen was a member of that Khymer Rouge Killing machine. He and some colleagues, including Heng Samrin, fell out with Pol Pot and fled to Vietnam in late 1978. The VIetnamese assembled a government in exile around them, and installed them in power after their 1979 invasion. In 1999 Hun Sen gave amnesty to several Khymer Rouge thugs, including Khieu Samphan and its chief idealogue Nuon Chea. At the time, he stated a trial would not be in the public interest!!

What does all this say about Cambodia today? Perhaps it will be a safer and more stable country when the last of the demented psychopaths have died and a new breed of educated, enlightened and compassionate leaders come forward and serve their people and country without self-interest. Or is there an evil that will always lurk amongst the gentle smiling faces? The poverty in the countryside is pitiful, and some 30 years after the event. How long did the German reparations take after the allies totally levelled the country? What would Cambodia do without the enormous level of financial aid from the west, mostly from individual benefactors. What is the government doing? It makes one ask whether the country will ever develop.