Cambodia's Day Of Judgement Arrives At Last

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EDITORIAL

Cambodia's day of judgement arrives at last

By The Nation

Former Khmer Rouge cadre found guilty in a historic verdict that all Cambodians must learn from

When the UN-backed court announced on Tuesday that Kaing Guek Eav, better known as "Comrade Duch", 75, had been sentenced to 35 years' imprisonment, it was a historic day for Cambodia. It was a day when justice was served, even though it was 35 years since Duch had carried out the systematic killing and torture of at least 16,000 of his fellow countrymen at S-21, or Toul Sleng Prison, where he was the chief guard. He is the first former Khmer Rouge commander, one of only five surviving, to be punished. Nearly two million Cambodians died during the Khmer Rouge's genocidal reign from 1975 to 1979.

The hybrid court of Cambodian and international judges delivered their verdict before the expectant eyes of the relations of victims of S-21. Also in the courtroom were international observers who have watched the proceedings from the very beginning. The news was broadcast over all networks for millions of Cambodians who were watching in their homes or workplaces.

However, the court announced that Duch would serve only 19 years of the sentence because he has already spent 11 years in prison awaiting the trial, plus a further five detained illegally.

During the verdict, the court pointed out that many of the charges that Duch faced included crimes against humanity, grave breaches of the Geneva Convention, and violations of the 1956 Cambodian Penal Code, which were out of its jurisdiction.

During the trial Duch gave insights into how the Khmer Rouge controlled Cambodia. His testimony revealed how decisions were made during the darkest era of the country's history. In summary, he was convicted of war crimes, of wilful killing and torture, wilfully causing great suffering and injury, depriving civilians and prisoners of war of the right to a fair trial, and the unlawful confinement of civilians.

The court also reiterated that Khmer Rouge cadre Nuon Chea was Duch's direct superior in the hierarchy of the Khmer Rouge at the time. Obviously, this will have ramifications when the tribunal court returns next year. Along with Nuon Chea, other former Khmer Rouge leaders Ieng Sary, Ieng Thirith and Khieu Samphan are all in custody. They hold more of the horrendous secrets of the genocidal regime.

For the Cambodian people, the verdict has given rise to mixed feelings. Those who have suffered most from the atrocities want to see Duch stay behind bars forever, serving a full life sentence. However, others see the verdict, whatever the sentence, simply as necessary closure on this tragic chapter in the country's history.

Those who survived the most terrible ordeals continue to wait for the resumption of the trial, for the remaining culprits to see their day in court and justice served.

The younger generation has watched the trial with bewilderment, not least at the staggering amount it has cost to organise this unique tribunal. Many who were born after the Khmer Rouge's reign want to see international aid spent on improving the livelihoods and education of ordinary Cambodians.

With this first verdict, the next trials will have to ensure that the remaining senior Khmer Rouge officials are judged accordingly. Of course, nobody is quite certain if that will be the case. Given their advanced ages, some may not make it to the next sessions.

But for the sake of the younger generation, so that they may learn from past mistakes, the defendants must speak the truth and cooperate. That will make the whole process worthwhile. That will allow Cambodians of all ages to have proper closure.

-- The Nation 2010-07-29

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[geovalin]

Very difficult to understand for the Khmer but also for the Thai I guess.

All of them know that a Cambodian national caught in Thailand with 1000 (less? more?) pills of yaba will get life sentence in the Thai jails. If lucky the life sentence will be commuted in 45 years. They entered in jail at 25 years and will go out at 70...

It's better to run an infamous torture camp than to be judged by a Thai court for a couple of tablets.

[SomTumTiger]

Very difficult to understand for the Khmer but also for the Thai I guess.

All of them know that a Cambodian national caught in Thailand with 1000 (less? more?) pills of yaba will get life sentence in the Thai jails. If lucky the life sentence will be commuted in 45 years. They entered in jail at 25 years and will go out at 70...

It's better to run an infamous torture camp than to be judged by a Thai court for a couple of tablets.

Thanks for contributing....

[brahmburgers]

The younger generation has watched the trial with bewilderment, not least at the staggering amount it has cost to organise this unique tribunal.

Hun Sen was involved with Khmer Rouge, and he's done everything he can in the past years to stymie the trial proceedings. At one point begging to have them called off, saying in effect; 'such trials will plunge Cambodia in to severe riots."

Hun Sen and his cronies, finding that they could not stymie the trials, have figured, 'if you can't stop it, at least capitalize on it.' ...so he's supported every trick in order to ramp up the costs. Insisting on Cambodian judges and very few defendants (both of which he got) - and each judge getting as much salary in a week as they would ordinarily get in their full careers. If you think there isn't transferral of some of those millions of dollars (to Cambodian big shot's wallets), then you might also believe that Hun Sen and Thaksin (his bosom buddy) aren't two of the most mafia-like manipulative fellows this side of Guantanamo Bay.

P.S. all the money comes from farang sources - mostly Europe and US tax revenues. Who else would pay for such things - China? ....ha, you must be kidding. China wouldn't pay for the rice with insects pack lunches for one press meeting.

Edited July 29, 2010 by brahmburgers

[dumball]

He should be put in one of his own jails so all the world can see him in the life he formed for others , as for the youth saying the money would have been better spent on thier education etc , that is already being paid for by international scources to the tune of millions of dollars annualy , from tax payers pockets .

[asiawatcher]

Hun Sen is responsible for countless deaths from all accounts by locals in Phnom Penh and none will raise the flag and point the finger as the top 'dog' has a long arm and retribution will be fatal. Even people I have dealt with on Govt still trust no-one as the Khmer spy system was what Pol Pot used to effect and in terms of destabilisation, was very good at getting innocents executed - it became a sport to keep the troops occupied.

So like all dictators, time will come to pass when he is removed and the stain of his past will fade to memory or perhaps even be aired by those who currently fear him. I would love to know the full story especially from those friends of mine in Cambo who fled to avoid certain death.

[Changian]

Makes you wonder how different things would have been if the US, Europe, Thailand etc hadn't supported the Khmer Rouge even after they had been overthrown by the Vietnamese, simply because they thought the threat of Communism was worse that anything the Khmer Rouge could do.

Pol Pot spent 6 years living in Thailand in the late 80s early 90s with a house in Bang Saen and another, where he spent most of his time, in an army camp in Saphan Hin, near Trat where he was protected by the Thai military. He could easily have been arrested then if the authorities wanted to do it. Guess they didn't.

[ukrules]

It's better to run an infamous torture camp than to be judged by a Thai court for a couple of tablets.

Yes, this is correct.

[edgarfriendly]

guess they didnt, dont etc

and china certainly had 'investments' in the region!!

but lets not mention that, its probly technically illegal anyway.

ef

[SamritT]

Today, I am so proud to be Thai.

[zzaa09]

This historic judgment came about some 30 years late. It stinks of fashion, less practice.

[zzaa09]

Makes you wonder how different things would have been if the US, Europe, Thailand etc hadn't supported the Khmer Rouge even after they had been overthrown by the Vietnamese, simply because they thought the threat of Communism was worse that anything the Khmer Rouge could do.

Pol Pot spent 6 years living in Thailand in the late 80s early 90s with a house in Bang Saen and another, where he spent most of his time, in an army camp in Saphan Hin, near Trat where he was protected by the Thai military. He could easily have been arrested then if the authorities wanted to do it. Guess they didn't.

...not to say what the official Thai policy was regarding the streams of Khmer refugees. It's quite sad, the twisted and revised historiography of {remembered} contemporary times within the region. This non-admittance of how things really were and how events unfolded - the major underwritten players, conspiracies, invented boogeymen, finger pointing. All figures are guilty, as all played a hand {indirectly} in the atrocities of this brutal era. A plague on all their houses, I say.