Identifier
Created
Classification
Origin
09PHNOMPENH411
2009-06-22 00:56:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Phnom Penh
Cable title:  

Khmer Rouge Tribunal: A Day in the Trial of S-21

Tags:  PGOV PHUM KJUS PREL EAID CB 
pdf how-to read a cable
VZCZCXRO5235
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0411/01 1730056
ZNR UUUUU ZZH
R 220056Z JUN 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 0842
INFO RUCNASE/ASEAN MEMBER COLLECTIVE
UNCLAS SECTION 01 OF 02 PHNOM PENH 000411 

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: PGOV PHUM KJUS PREL EAID CB
SUBJECT: Khmer Rouge Tribunal: A Day in the Trial of S-21
Interrogation Center Head Kaing Guek Eav, edition II

REF: PHNOM PENH 395

PHNOM PENH 00000411 001.4 OF 002


UNCLAS SECTION 01 OF 02 PHNOM PENH 000411

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: PGOV PHUM KJUS PREL EAID CB
SUBJECT: Khmer Rouge Tribunal: A Day in the Trial of S-21
Interrogation Center Head Kaing Guek Eav, edition II

REF: PHNOM PENH 395

PHNOM PENH 00000411 001.4 OF 002



1. (SBU) SUMMARY: Embassy staff routinely observes the proceedings
of the trial against the notorious Khmer Rouge torture center head,
widely known as Duch, at the Extraordinary Chambers in the Courts of
Cambodia (ECCC) (Reftel). This report summarizes the ninth week of
activities inside the court at the Khmer Rouge Tribunal. For more
technical accounts of the proceedings, the KRT Trial Monitor has
weekly reports. Soft copies of KRT Trial Monitor reports may be
downloaded from www.csdcambodia.org; www.kidcambodia.org and at
http://socrates.berkeley.edu/~warcrime/. END SUMMARY.


2. (SBU) Herewith are observation notes for the week of June
15-17.

Monday, June 15: Trial Chamber President Nil Nonn opened the session
at 9:15 (late due to technical issues with the audio-visual system)
and announced that the court had ruled that Duch's detention by the
Cambodian Military Court from 1999-2007 was unlawful and a violation
of his rights. The Court denied the defense's request to release
Duch immediately but explained that should he be released following
his trial, he would be free to seek restitution for his unlawful
detention. Should he be convicted, he would receive credit for time
served under Military Court detention. There was no noticeable
reaction to this announcement in the audience or in the Chamber.

Judge Silvia Cartwright outlined the decisions made in a closed
trial management meeting held on June 11. She said that in an
effort to expedite the trial proceedings, the Chamber would assign
speaking times to parties. She gave an example of witness
questioning, where the prosecution would be given 30 minutes for
questions, 40 minutes for the defense, and 40 minutes for all the
civil party representatives combined. She suggested that the civil
party representatives nominate one Cambodian and one international
lawyer to represent all four civil party groups in these instances.
She added that the Chamber would consider adding one day per month
with no trial proceedings in order to allow more time for

preparation, deliberation, drafting of submissions and opinions, and
management issues. Judge Cartwright noted civil party lawyers'
concerns about working conditions, lack of funding, and their
availability should the trial extend beyond August. She said the
Chamber had determined that the first two concerns were out of the
jurisdiction of the Tribunal; in regards to the last concern
regarding civil party lawyer availability, Judge Cartwright stated
that if the trial extends beyond August, the Chamber would liaise
with the Victims Unit to ensure continuity in the civil parties'
participation.

Following the afternoon break, Alain Werner spoke on behalf of the
civil parties regarding a Chamber request to reduce the number of
hours required for civil party testimony. He said that the civil
parties had negotiated amongst themselves to reduce their required
time from 60 hours to 37 hours. He said that the civil parties
would unlikely be able to reduce this time further. Judge
Cartwright replied that the Chamber would consider the civil
parties' efforts and would later rule on whether 37 hours would be
acceptable.

Duch testified on arrest procedures and detention conditions at S-21
for the remainder of the morning and afternoon sessions. He
explained that arrests were conducted in secret at the orders of
the S-21 standing committee or the upper echelons of KR leadership.
When an individual was arrested, his/her spouse and children were
typically detained as well. Duch said that children were usually
separated from their mothers and killed immediately.

Judges Cartwright and Lavergne questioned Duch on the makeup of the
prisoners at S-21, the conditions of their detention, and the degree
to which Duch knew about those conditions. Judge Cartwright listed
a range of nationalities reportedly detained in the prison. Duch
could not confirm all of them. He spent a few minutes describing
the Muslim Khmer who were detained, during which a group of
Cham/Cambodian Muslim audience members visibly leaned forward to pay
closer attention.

Tuesday, June 16: President Nil Nonn opened the session with an
announcement that the day's hearing would address the issue of
torture and torture methods at S-21 and Choeung Ek. President Nonn
also made an announcement regarding time for the Prosecution, Civil
Party, and Defense to submit questions, allowing 3 hours for the
Prosecution, 3 hours for the Civil Party, and 4 hours for the
Defense. The Prosecution appealed, saying more time was needed to
address documentation. The judges denied the prosecution their
request for more time, explaining that the time allocation was made
specifically to expedite the trial process.

The Defense objected, saying that "Even when [one is] accused [one]
is guaranteed a fair defense. This is not a challenge or a
criticism of the judges' decision; however, the Defense would like

PHNOM PENH 00000411 002 OF 002


to note its reservation against the imbalance of time allotted."
[The judges allotted the Prosecution and Civil Party 3 hours each
and the Defense 4 hours. The Defense felt it deserved equal hours
combined, that is 3 + 3 hours of the Prosecution and the Civil
Party.] Discussion ensued between the Prosecution, Civil Party, and
the Defense regarding the distinct role of each party. Discussion
ended when President Nonn said the chamber "will not allow anymore
discussion on the matter," and announced it was time for questioning
regarding S-21.

Approximately 150 people were in attendance, with 75% of the
attendees Cambodian citizens (a large population of Cham Muslims,
mostly men, attended the morning session) while the remaining 25% of
the attendees were foreigners. All eyes were on the Accused when
President Nonn asked him to "describe S-21 and elaborate on the
torture methods and management of the prison." Duch detailed the
four torture methods he allowed his cadres to follow, which called
for: (1) Beating detainees with lashes of the whip; (2)
Electrocution by hand-telephone; (3) Water treatment to nostrils
[pouring water into the nostrils]; and (4) The use of plastic bags
to make detainees feel as if they were suffocating. President Nonn
asked the Accused if teachers and professors were tortured. At this
point in time, the Accused became emotional and began to cry,
stopping when the President asked him to collect himself.

During the afternoon session, attendance had dropped to
approximately 50, 20 of whom were foreigners. Judge Lavergne and
Judge Cartwright questioned the Accused on torture methods applied
to women, children, and detainees in general. The Accused confirmed
that medical experimentation took place at S-21 and that
approximately 100 people had died from blood drainage, during which
blood was removed from their bodies completely while they were alive
- for transfusion to wounded Khmer Rouge soldiers. In addition, the
Accused confirmed that there was no policy to prevent children from
being tortured. "Not even children were spared," he said.

Wednesday, June 17: There were approximately 100 people in
attendance, including what appeared to be a tour group of foreign
tourists who left as a group one hour into the morning session. The
judges resumed their questioning regarding torture and executions at
S-21 and Choeung Ek. Some of the questioning seemed to be a repeat
of previous days, with Duch beginning many statements with "as I
already told the court." Duch maintained he made a point to not be
present at interrogations or executions, but knew there were three
main areas where executions took place: 1) Takhmao psychiatric
hospital 2) areas immediately surrounding S-21 and 3) Choeung Ek.
When asked if he taught the execution methods, Duch replied that he
"didn't need to teach crocodiles how to swim." Duch said he only
visited Choeung Ek one time. He admitted to there being five mass
killings in which up to 100 people were killed and buried in mass
graves in order to clear "backlog" and prevent overcrowding.
However, he seemed to get confused over the dates of the mass
killings and the reasons behind them.

Judge Lavergne began and ended the afternoon session along the same
line of questioning. When asked about the final mass killing
ordered prior to the Vietnamese soldiers' arrival, Duch replied he
was not given any indication that the Vietnamese were close, but
thought at the time that it was another routine procedure in
preparation for an influx of prisoners. He therefore followed
orders to empty S-21 and send all prisoners to Choeung Ek. However,
he did not think the orders included those such as the artists,
mechanics, and dentists who were trusted to serve S-21. Duch said
he left them behind out of haste and not mercy or clemency when the
Vietnamese approached. Duch ended his testimony for the day by
stating that he was accountable for the death of 12,380 individuals
killed at Tuol Sleng, "more responsible than those who actually
killed." He also stated he is "emotionally responsible for the
millions who were killed, and will be forever."

During the testimony, Duch looked tired and seemed to be emotional
during some of his responses. When responding, he looked to the
cameras. He was well prepared, and easily rattled off document
numbers and quickly found passages from reports submitted as
evidence. The defense counsel pointed out errors in the translation
twice during the day. The defense counselors also seemed frustrated
by the repetitive nature of the questioning. At one point, the
translator had to ask President Nonn to slow down because he was not
catching all of the information. Chum Mey, one of the survivors of
Tuol Sleng, was present throughout the proceedings. Neither he nor
the audience visibly reacted to Duch's responses. June 18 is a
Cambodian holiday, therefore the trial will resume Monday, June 22.

Rodley