Khmer Rouge Tribunal: The Trial of S-21

UNCLAS PHNOM PENH 000513

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: The Trial of S-21
Interrogation Center Head Kaing Guek Eav, Week 13

REF: PHNOM PENH 497 AND PREVIOUS


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 thirteenth
week of activities inside the court at the Khmer Rouge Tribunal.
More technical accounts of the proceedings can be found at:
www.csdcambodia.org; www.kidcambodia.org and at
http://socrates.berkeley.edu/~warcrime/. END SUMMARY.


2. (SBU) There seemed to be increased focus on the observers this
week, with the ECCC representatives taking extra time to explain the
court process to the audience. Translation also improved, with
observers noting smooth translation and few instances of confusion.
The majority of the week was dedicated to questioning witnesses who
were staff members at S-21. The Trial Chamber again this week
interrupted testimony in order to hold private discussions on the
issue of self-incrimination. As a result, Judge Nil Nonn repeated
his instruction to the defense to cease warning witnesses that they
risk prosecution (the witness is provided with his or her rights
prior to testimony, and the judges reinforce this as well).
Testimony was also suspended when both the prosecution and civil
party lawyers made requests to the court regarding procedures for
questioning witnesses. The prosecution requested that the court not
question Duch in the middle of witness testimony because such a
process would allow for the accused to intimidate the witness. The
civil party lawyers again brought up the issue of time (civil party
groups are given 20 minutes each to question the witness),
requesting that they be allowed to submit additional questions to
the judges should they run out of time. Decisions on both requests
will be issued next week.


3. (SBU) Herewith are observation notes for the week beginning July
20, 2009:

Monday, July 20: There were approximately 400 people observing
today's trial. Most were Cambodian and university-aged, with only
15-20 people from the Khmer Rouge era. The audience was generally
attentive and passive. Some males were overheard commenting on
testimony. The proceedings ran relatively smoothly and lawyers
adhered to the time limits. However, there were some repetitive
questions to which the judges objected.

Today's witness was Him Huy, a former prison guard at S-21. The
line of questioning sought to determine his knowledge of the alleged
crimes, the nature of the crimes, his participation, and from whom
orders originated. Him Huy indicated that Duch made all of the
decisions and that the entire staff obeyed him without question,
stating that one mistake would have cost him his life. When given
the opportunity to respond, Duch accepted responsibility by stating
that all of Him Huy's crimes resulted from following Duch's orders.

During witness testimony, Duch was very respectful and focused,
staring intently at the witness as he spoke, with occasional long
glances into the audience of students. The only sign of visible
reaction during the proceedings occurred when the witness wept while
professing his present-day fear of Duch. Duch nodded while staring
at the witness as he spoke, and the witness subsequently drooped his
shoulders and directed his stare downwards.

Tuesday, July 21: There were approximately 300 observers, mainly
Cambodian, in court today. The audience remained quiet throughout
the proceedings, although there was an audible reaction when the
witness described the killing of an infant. The translators did a
fairly good job and were able to keep up with the proceedings. The
Khmer judges asked repetitive questions throughout the session.

Prak Khan, a former interrogator at S-21 who has given at least four
interviews over the years, provided testimony which described Duch
as a willing teacher of torture. Mr. Khan stated that in staff
study sessions, Duch detailed non-lethal torture methods of force
feeding of human excrement, whips, electric shocks, needles under
fingers, and partial suffocation. At one point during the
questioning the French judge asked Duch to stand up and then asked
the witness if Duch is the man he took orders from at the prison.
After a long pause the man very quickly looked at Duch and said yes
before returning his eyes to the floor, just as they had been the
entire time. During the 8 hours of questioning, the witness had not
looked at Duch once, until that incident. It was obvious to this
observer that Duch still elicited strong and fearful emotions from
the witness.

Rodley