FOCUS: Cambodia's Killing Fields, unfinished justice

PHNOM PENH, Oct. 14 KYODO
Thirty years after Cambodia's ''Killing Fields''
regime collapsed, and despite a Khmer Rouge trial process that began three
years ago, bringing justice to hundreds of thousands of Cambodians is far
from concluded.
Even though five former Khmer Rouge leaders are being
tried for their roles in the deaths of at least 1.7 million Cambodians in
the late 1970s, it remains hard, even for Khmer Rouge victims, to solemnly
decide what is just.
And even now, with only Kaing Guek Eav, better known
as Duch, on trial no verdict on him is expected before next year and the
actual proceedings against the four other aging leaders are unlikely to
start until next year, or the year after.
The special U.N.-backed court trying the former
leaders became operational in 2006, but it has already seen two critical
budget shortfalls and many in Cambodia fear more trouble lies ahead.
In the previous shortfalls, only Japan was moved
quickly to inject funds keep proceedings going ahead.
It has been joined by other donors, but there is
still no guarantee there will enough money, or enough will, to bring the
trials to conclusion.
Budget aside, the Extraordinary Chambers in the
Courts of Cambodia have struggled through a corruption scandal, many fear
the aged Khmer Rouge leaders will die before they are brought to justice and
even decisions on who to call as witnesses are fraught with controversy.
Many of Cambodia's current leaders have the taint of
Khmer Rouge affiliation in their backgrounds and simply the idea of calling
some of them to testify, or even prosecuting some of them, brings fears of
recrimination and civil war that linger barely below the surface of the
Cambodian psyche even today.
Yuko Maeda, spokeswoman for the ECCC, told Kyodo News
that in principle, in accordance with the Cambodian law an the agreement
made with the United Nations, only senior leaders and those the most
responsible for the crimes committed during the Khmer Rouge's Democratic
Kampuchea regime between 1975 and 1979 are to be tried.
Many interpret that to mean only the current five
''suspects'' are to ever face trial for the Khmer Rouge atrocities.
And some trial monitors wonder, given the complex
procedural, political, administrative and legal aspects of the cases, if the
four yet to go on trial will be the prisoner's dock before 2011, if ever.
The four now charged with war crimes and crimes
against humanity since late 2007 are Nuon Chea, better known as Brother No.
2 in the Khmer Rouge hierarchy after leader Pol Pot;, Khieu Samphan, who was
head of state; Ieng Sary, the regime's foreign minister; and his wife Ieng
Thirith, who was social affairs minister.
Duch, 66, was chief of Tuol Sleng Prison in central
Phnom Penh, code named S-21, from early 1976 through 1979.
He has already admitted responsibility for 12,380
deaths.
Some scholars and historians believe Duch was
responsible for the deaths of at least 14,000 prisoners.
Gathering evidence and prosecuting genocide of that
scale -- and the other leaders are charged with being behind the deaths of
many, many more Cambodians -- is turning out to be prohibitively expensive.
The initial ECCC budget, for three years from 2006 to
2009, was $56.3 million.
Maeda now says the ECCC will have spent about $85
million by the end of this year, and the court still needs funds for 2010
and 2011.
Assuming the money to continue is found, whether or
not justice will be ultimately rendered is open to debate.
Chum Mey, one of three surviving victims from the
S-21 torture center, said he is not expecting ''100 percent justice,'' but
will be ''satisfied'' if after Duch and the other four are tried and
convicted.
Chum Mey, 76, was jailed and tortured for more than
three months from late 1978 until the Khmer Rouge regime collapsed on Jan.
7, 1979.
Independent political analyst Chea Vannath believes
simply completing the five trials will be a ''big achievement and success if
the current five people in the custody could have fair trials.''
There would be ''no need to extend, prolong any
further,'' she added.
''The important message from the court is to alert
all leaders that justice will take place. It does not matter when, where,
and how late,'' she said.
Chhang Youk, director of the Documentation Center of
Cambodia, a nonprofit organization that archives the Khmer Rouge atrocities,
said for him ''the process is most important for all. It is a foundation for
us all to decide what is just being done for us so that we can move on into
the future.''
''Justice has been defined by the victims in many
different ways...,'' he said.
He sees the court as having two distinct roles --
reaching final judgments on the accused and providing formal recognition of
the crimes committed against the Cambodian people.
''Finally,'' he said, it is ''not about victory but
reconciliation of a nation.''
For others, the question remains if more former Khmer
Rouge leaders and cadres should also face trial.
The international co-prosecutor and co-investigating
judge have both sought charges against at least five more suspects, but the
Cambodian co-prosecutor and co-judge, as well as Cambodia's current
political leadership, have resisted all attempts to expand the tribunal.
''If you try more suspects without taking account of
national reconciliation and peace and if war recurs, killing 200,000 to
300,000 more people, who would be responsible?'' Prime Minister Hun Sen has
asked on several occasions.
Pol Pot, mastermind of the ''Killing Fields,'' died
in 1998 and several other Khmer Rouge leaders, including the ''Butcher'' Ta
Mok and National Security Minister Son Sen, are also dead.
Remaining possible suspects tend to be further down
the Khmer Rouge pecking order, and some are very close to the current
government, making deciding who to try and who to ignore an exercise in near
futility politically.
Sok Samoeun, executive director of the Cambodian
Defenders Project, a well-known Cambodian nongovernmental organization
monitoring Khmer Rouge trial, said it is hard to assume justice for
Cambodians none of the five current cases has reached conclusion.
''Duch is the only small figure, while the other four
are bigger and more important. I'm wondering how they will handle the case
of Ieng Sary. (He) was once pardoned and some of his people are in now
power,'' Sok Samoeun said. ''I cannot expect justice, but it will help close
a dark chapter of Cambodia's history.''
==Kyodo