KHMER ROUGE TRIBUNAL BRINGS DUCH TO JUSTICE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000213

SENSITIVE
SIPDIS

STATE FOR EAP, P, D, DRL, IO, S/WCI

E.O. 12958: N/A
TAGS: PGOV KJUS PHUM PREL KTIA CB
SUBJECT: KHMER ROUGE TRIBUNAL BRINGS DUCH TO JUSTICE

REF: PHNOM PENH 105

PHNOM PENH 00000213 001.3 OF 002


SENSITIVE BUT UNCLASSIFIED. NOT FOR INTERNET DISTRIBUTION.


1. (SBU) Summary. The first substantive hearings of the
Khmer Rouge Tribunal got off to a smooth start March 30 with
the reading of charges against S-21 torture center director
Eang Geuk Eav, known as Duch. The Ambassador and Emboff
joined 500 spectators in the auditorium looking into the
ultra-modern courtroom of the Extraordinary Chambers in the
Courts of Cambodia (ECCC) to witness the historic proceeding
which is expected to last until July. A Cambodian clerk of
the court read out the charges against Duch and the litany of
horrific activities he is alleged to have committed in an
hours-long opening session. Deputy Prime Minister Sok An
later told the Ambassador that more than 400 news outlets
covered this first substantive session, producing reports
that Sok An deemed better than past accounts. Duch,s
emotional expression of remorse on day two captured Cambodian
press headlines. The Co-Prosecutors made strong opening
statements in favor of conviction while undercutting the
defendant,s stated regret and also urged consideration of
the "joint criminal enterprise" theory that will apply to the
additional four accused Khmer Rouge leaders. Cambodian press
coverage to date is thorough, uncensored and includes
commentary on what constitutes a proper sentence for Duch's
alleged crimes against humanity. In these opening days of
the first KRT trial, not only is Justice being done, but is
being seen to be done in Cambodia. End Summary.


2. (U) Duch is the first to be tried of five former Khmer
Rouge (KR) leaders facing prosecution by the ECCC for their
role in the atrocities committed under the KR regime. On
March 30, the court spent three hours to read out the factual
analysis of the allegations against Duch. He stands accused
of crimes against humanity, grave breaches of the Geneva
Convention of 1949, and premeditated murder and torture in
violation of Cambodia's 1956 Penal Code, for actions
committed from April 18, 1975 to January 6, 1979.


3. (U) Over five hundred observers packed the court room,
with local and international press numbering in the hundreds,
to witness the historic event and view first hand the trial
of the man accused of being responsible, both directly and
indirectly, for the deaths of at least 12,380 men, women, and
children. While the court described the initial target of
the KR's campaign to be the former regime and enemies of the
revolution, by March 30, 1976 the notion of who was an enemy
evolved to look for enemies within. As the armed conflict
with Vietnam escalated, so too did the number of Vietnamese
civilians and prisoners of war arriving at S-21, as well as
those alleged to be aligned with them. The majority of the
victims were KR cadre, but also included their family
members, officials and supporters of the former regime,
minority groups (such as the Cham),S-21 staff, several
foreigners (including Americans),and at least four hundred
Vietnamese civilians and prisoners of war.


4. (U) The matter-of-fact manner in which the court read out
the details of the alleged activities to support the charges
was in sharp contrast to the horrific and at times gruesome
nature of the activities described. The statement outlined
the creation and operation of S-21 and its sister
re-education site S-24; the chain of command linking the
management of S-21 with the top leadership and policies of
the KR regime; the routine and barbaric use of torture to
extract confessions to implicate other real or perceived
enemies of the regime and for use as revolutionary
propaganda; and the mass executions which took place at the
Choeung Ek killing field.


5. (U) Following the conclusion of the factual analysis in
the indictment, Duch's attorney, Francois Roux, requested the
court to read out ten additional paragraphs contained in the
factual analysis, arguing that these paragraphs contained
exculpatory evidence and should be included with the
inculpatory information or risk denying a fair trial. The
court rejected the Defense Counsel's request stating that the
timing was not appropriate to present evidence concerning the
character of the accused. Rather, a separate opportunity to
discuss the matter concerning Duch's character would be

PHNOM PENH 00000213 002.3 OF 002


available later in the trial's proceedings. The President of
the court then granted a request by the Co-Prosecutors to
postpone their opening statement until the following morning,
given the insufficiency of the remaining time.


6. (SBU) During their opening statement on the second day of
proceedings, the Co-Prosecutors painted Duch as a
remorseless, brutal, and committed killer. They also argued
for the court to allow Duch to be charged under the theory of
"joint criminal enterprise," which would have significant
consequences for the subsequent prosecution of the four other
former KR leaders. According to the official schedule of the
trial, following the prosecution,s statement, the Defense
Counsel would be afforded an opportunity to respond.
However, rather than rebutting the prosecution,s case
against him, Duch himself first addressed the court. While
all the while asserting that he was following the orders of
his superiors in the Cambodian Communist Party (or Angkar),
Duch expressed deep remorse and shame at his role in carrying
out the crimes. In a half-hour address to the court, Duch
accepted responsibly for his involvement in the torture and
deaths of thousands, and delivered a lengthy apology to his
victims and their family members.


7. (SBU) Comment: The trial of the torture center chief
should be the most straightforward of the KR prosecutions,
given that Duch has admitted to many of the allegations
against him, although asserting that he was only following
orders from above. However, due to the complexities of the
case, one in which there are 93 civil parties (represented by
15 attorneys),the trial is expected to last until early
July. The court demonstrated its ability to manage the flow
of the proceedings in rejecting the Defense's untimely
request. A lengthy commentary in Khmer language daily Koh
Santepheap on April 1 discussed the Cambodian law, the
prohibition against the death penalty, and whether Duch,s
remorse should affect his sentencing. This is but one
example of the heavy coverage in Khmer-language press,
illustrating that Justice is being seen to be done at the
ECCC by many Cambodians. End Comment.
RODLEY