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Cambodian Horror on Trial
Killing Fields: The Wait for Justice
PHNOM PENH, Cambodia - On a barren patch of scrub and swamp south of this city, it stands in shocking testimony to one of the worst atrocities of our times: a 17-level tower of skulls and bones from some of the two million people who perished at the hands of Pol Pot's murderous Khmer Rouge regime.
A Buddhist monk takes a photo of a memorial stupa filled with the skulls of more than 8,000 Khmer Rouge victims at Choeung Ek, a "Killing Fields" site located on the outskirts of Phnom Penh, January 20, 2009. A U.N.-backed court in Cambodia will start its first trial next month of a former interrogator of the Khmer Rouge regime, blamed for the deaths of 1.7 million people in the "Killing Fields" over 30 years ago. (Reuters/Chor Sokunthea/Cambodia) And a single, stark truth stands out: for more than 30 years, the perpetrators got away with it.
Tomorrow, however, in a courtroom on the outskirts of the Cambodian capital, a special court will convene to set that right. For the henchmen who survived their leader - Pol Pot died peacefully in 1998 - the day of reckoning has arrived.
Hearings begin tomorrow for Kaing Guek Eav, alias "Duch," who ran Tuol Sleng, the regime's biggest torture and death chamber from 1975 to 1979 - the first of at least five figures to face justice after three decades.
Survivors Seng Hongcheang, a 67-year-old retired doctor, and his wife, Sok Sihong, 64, lost "countless" family members to the Khmer Rouge.
Sok lost her mother and younger brother to starvation. Her father died from exhaustion under slave labour conditions.
Seng remembers witnessing a 15-year-old Khmer Rouge soldier bludgeoning each member of a family of seven with a metal pole, and a mother killed by a bullet to the head while her baby was clubbed to death against a tree.
"We could never have imagined the Khmer Rouge could be so cruel," he says.
Seng worries that the accused are getting old, "and that with all the money being spent, they might die before the trials are over."
At the centre of the effort to bring the perpetrators to justice is Canadian lawyer and co-prosecutor, Robert Petit.
"You cannot build a future," says Petit, seated in his office in the Extraordinary Chambers of the Courts of Cambodia - as the tribunal is known - "unless you deal with the past."
Here, the past is everywhere: there are 388 such "Killing Fields" across the country.
But coming to terms with such a horrific history has proven a long and difficult task.
Petit admits that of the four international war crimes trials he has been involved in, this is by far the most difficult.
It took 10 years of sometimes-contentious negotiations between Cambodia and the international community to fashion a hybrid court - entirely from scratch - to deal with the tragedy. It still makes the government here wary.
The reason is simple: Some of Cambodia's current leaders, including Prime Minister Hun Sen, were once Khmer Rouge officials.
But more than a decade ago, after he had left the Khmer Rouge, Hun Sen originally called on the UN to help Cambodia assemble a court to deal with war crimes.
Later, when he changed his mind, the international community pressed on.
Today, his government supports the court and has promised not to grant pardons for any guilty verdicts.
But many Cambodians still feel the government has negotiated a deal that gives it strategic leverage: Cambodian judges, for example, outnumber internationals.
And it is, in fact, a Cambodian court, not an international one - though it has significant international input.
"It is a hybrid Cambodian court," explains Petit, "but withdrawn from the national system.
"We have internationals with decision-making powers, we have international law being applied and we have a proceeding that will be transparent and open."
But once the first trial gets underway, he says, "it will take on a life of its own."
Can this process finally bring justice to the Cambodian people?
Ever cautious, Petit replies, "I am more hopeful than confident.
"But if everyone does their best and we have the support of the government, the international community and the Cambodian people, I think we can."
Others are of two minds.
Survivor Youk Chhang, who heads the Documentation Center of Cambodia, the country's largest repository of documentary evidence on the Khmer Rouge, says he doesn't expect any real benefit for the victims.
"Who can compensate for the loss of two million lives?" he asks.
Like the Nazis before them, the Khmer Rouge kept meticulous records of those they killed.
"They took down everything. They photographed their victims. For them, each killing was like a victory, not a crime," says Chhang. "The dead were regarded as `elements' - not humans."
In Pol Pot's insane four-year effort to replicate Mao Zedong's "Great Leap Forward" and Cultural Revolution, historians say he wiped out a quarter of the country's population of eight million.
"On the other hand," Chhang stresses, "Cambodians need a final judgment. It took just four years to kill two million. It has taken 30 years to deal with it.
"Cambodians want this tragedy over. They want to put it behind them. They want to move on."
The trial will help, he says. Already it has had a positive effect.
The fact that the trial was kept in Cambodia, not taken away to The Hague, has helped make Cambodians "owners of their own history," he says.
"Everyone can speak freely about it. Everyone has an opinion. It has acted as a foundation for free speech," Chhang says.
If the accused are found guilty, it will largely be at their own people's hands.
But the planned trials have not been without controversy.
In December, Petit informed the court he wanted further investigation into a handful of other suspects with a view to bringing more indictments.
Cambodian co-prosecutor Chea Leang publicly disagreed.
She said further prosecutions could threaten "national stability" - an argument few buy.
Certainly not Petit.
"This country has come way further than that," he says. "Cambodians already know the price of war and they're not willing to pay it."
He underlines, too, that his application is within his mandate and would, if approved, help present "the most substantive picture of what happened."
"If you only have the architects, you can't understand how the building was built. You have to have the people who directed the work to explain how it was done.
"These would be the last (to be prosecuted). We're not going to go down the food chain. There are just too many."
But any push for further prosecutions could involve risks, Chhang worries.
"Of course further prosecutions would be legally justified," he says. "But if the accused die before the trials are over, the process could lose public support - and the process relies on public support.
"And who is going to pay?"
Cost is a factor: the court's budget was originally $53 million (U.S.) for three years, but has grown to more than $170 million for five years and could go higher.
Petit says original timelines and budget expectations were "unreasonable" given the complexity of a proceeding that, for example, must be translated into three languages: Khmer, English and French.
He's "reasonably confident" the international community will provide needed funding to support a process it is already invested in.
Civil society organizations here support Petit. He has developed a following.
"For us, he is a man of principle - someone who is not influenced by politics," says I.M. Sophea, the deputy director of the non-governmental Center for Social Development.
And politics is a concern, says Sophea.
"Corruption within our own judicial system has caused many people to lose faith in the system. The faith Cambodian people have in this tribunal is mainly because of international involvement."
In a country where print media only reaches about 20 per cent of the population, he says, the Center for Social Development has been busy conducting seminars across the country trying to educate people on the trials.
And the ultimate arbiters of their success or failure will be the Cambodian people themselves, especially the survivors of the Khmer Rouge nightmare.
"When you think of how they tortured and killed people, how many of our relatives died without ever being able to say goodbye, they certainly deserve to be brought up before courts for what they did," says Seng, the doctor who survived the slaughter of intellectuals and "people with soft hands" by posing as a fisherman.
"I'll feel satisfied if everything goes well and the courts bring justice. But in the end, if justice isn't served, it will be an enormous waste of money and effort."
Out on the killing field of Cheung Ek, south of the city, 29-year-old Kosal Ouch points to bones rising to the surface after a recent rain.
"I think the main thing is: people want to know why."
That question, trial or no trial, might never be answered.
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9 Comments so far
Show AllI am glad to hear that they are finally putting these guys on trial for what they did 30 some odd years ago. What I find amazing is why it took so long?
I also find it amazing that no one has commented yet.
One statement stands out loud and clear: "You cannot build a future unless you deal with the past." Maybe Obama will read this article?
What happened in Cambodia...because of one man's warped ideology is so impossible to wrap one's head around. Seven levels of skulls and bones!!! But then, from recorded history, we know that this is what man does to man. It will not stop till all form stops.
This is a welcomed step in the eyes of the international human rights community. I would like to raise a point of discussion, however. I worked in Cambodia briefly with the local and international NGO community, as well as the local (Buddhist) religious groups. The general consensus was that the push for a post-conflict process including truth commissions, trials, etc. was very much an initiative of the international community, and was frowned upon or even strongly resisted by the Cambodians. The local response seemed odd, considering the resources being made available and the anecdotal experiences of similar processes in other countries, which allowed for what was widely perceived as a healing process and the easing of a cultural journey away from the scars of the conflict. Cambodians broadly responded, however, that it was a culture principle for them to bury the matter, and move forward. There was a great deal of resisitance to the idea of bringing up this horrific past. My question, obviously, is which of these processes ought to trump the other? And, of course, how one determines the actual desires of the local culture. Imposing a process of "justice-seeking" from outside, against the wishes of locals, would be another kind of cultural paternalism, suggesting that "we know better than they do what they really need." The clear counterargument is that a culture of fear and intimidation prevents locals from truly voicing their interest in seeing perpetrators held accountable. In my own view, this becomes a very subjective issue; do I believe the people who told me that they prefer to leave the past dormant, and move forward without "dealing" with it, even if the man who killed their whole family lives three houses down the dirt track in a town of 200? What I do know is that, in the pursuit of justice, we should be very careful not to assume a righteousness that fails to respond to the expressed needs and desires of those whom the justice will supposedly serve. Of course, there is an argument that this pursuit of punitive justice serves the human community at large, not just the Cambodians, but that's another debate...
Maybe we should extradite Henry Kissinger to Cambodia. He was one of the criminals that precipitated this holocaust.
Truly!
Pan
There should be a Cambodian Killing Fields educational museum alongside every Jewish Holocaust site in the World , Perhaps the armenians would be represented tgere and Argentinians and OH! also the American Indians.
One of the sites should be in Palestine and tel Aviv. All funded by the United States.
When will USA "deal with the past"? I know the arguments against investigating Bush, so many still in power were complicit that the government would come to a standstill.
Perhaps that is what we need. How can the US change if it's never held accountable? Why should Obama quit warring when that's the way the elite get their money?
Bush took the country into a war of aggression and we still don't know why.
I am still wondering, but I think USA went to war for Israel, they are the only beneficiaries.
The oil companies had no trouble dealing with Saddam, oil production still isn't to where it was when Saddam ran things.
I think Bush should get the same rough justice he showed to the sovereign leader of Iraq, I don't think he'd have as much dignity and poise, I think he'd cry like a little girl. What did they call him when he was governor? The Texecutioner? Some quaint moniker like that.
Several years ago a photographer that worked for The New York Times came to our home to take pictures of my husband who was the subject of an article on foreclosure. This man stood in our kitchen snapping photos and I couldn't help but think he was familiar in some way. His camera had a label that was taped to it which read "The Killing Fields". Through conversation that occured during the session, we found out he was Dith Pran - the subject of that 1984 movie which won an Academy Award for best picture.
Of cambodian beliefs, he said that if one dies traumatically, they cannot be at peace in the after life.
I'd say the 2 million slaughtered at the hands of Pol Pot fit into this category. I'm for justice.
Let the trials begin.