Village Forum: Meeting with District Chiefs and Villagers

Kyle Delbyck



While the ECCC has set numerous goals for itself, the November 22 meeting of district chiefs highlighted the vast potential the tribunal holds as a mechanism of public outreach and education. Held in the Senate Library, the session centered on informing local representatives of the trial’s latest developments as part of the ECCC’s mission to help citizens throughout the country play a meaningful role in shaping Cambodia ’s future. More than 10,000 Cambodians have attended sessions of Duch’s trial since it began in February. Calling attention to the significance of such a figure, Mr. David Scheffer, War Crimes Ambassador during the Clinton administration, later commented, “Not a single trial in the U.S has ever had 10,000 people attend it.” This pride in the degree of local involvement with the tribunal pervaded the day’s events.



The meeting kicked off with a short address by Vanthan, Deputy Director of DC-Cam. Speaking to a room filled with 100 district chiefs and 20 Cham Muslims, many of whom had traveled hours, Vanthan focused on the diverse options available to ordinary Cambodians who want to take part in the tribunal. Some attendees had previously expressed concern that living outside Phnom Penh and lacking the means to attend the entire trial would hinder their ability to follow the sessions. Vanthan, however, emphasized that “every minute” of the proceedings will be made available on the Cambodia Tribunal Monitor website. He further stated that although written accounts of the tribunal currently exist primarily in English and French, the DC Cam team and others are working hard to translate reports into Khmer and ensure that the entirety of the process is more accessible to locals.



Concurring with Vanthan’s insights, Scheffer likewise stressed the unique local nature of the tribunal; a feature that distinguishes it from previous international attempts at transitional justice. In addition to illustrating the ways in which the tribunal has succeeded as a local mechanism, Scheffer also made it a point to place the process within a global context. He noted throughout his speech that in light of the tribunal’s groundbreaking marriage between domestic and international courts, “everyone’s eyes are on Cambodia and these trials.” Addressing audience members directly, Scheffer declared that Cambodians should be immensely “proud” of how the country has represented itself in the glare of the international spotlight.



From his perspective, the tribunal thus far has done a remarkable job of grappling with the legacy of the Khmer Rouge regime and tackling the ills of Cambodian society head on. Scheffer praised the effort as “an extraordinary demonstration of international justice at work…setting an example” for the rest of the world. As such, while certainly acknowledging the importance of the ECCC as a symbol of justice and a renunciation of impunity, Scheffer continually returned to the theme of “example” and the ways in which the tribunal can operate as a “teaching tool” for future generations.



With the landmark Genocide Education training workshops about to take place in six provinces in Cambodia , Scheffer’s message resonated with the district chiefs who came to the meeting to learn more about the legal process and the nuances of the tribunal. Lending a personal note to the “teaching tool” discussion, Scheffer recalled delivering a presentation on conflict to his daughter’s middle school class, an experience that remains vivid in his memory. With countries throughout the world continuing to struggle with the task of how to tackle the legacy of genocide and war, Scheffer urged those present to never underestimate the power that knowledge has to change the course of history. This is a power that has become more and more evident throughout the progression of the trial.



The trial’s function as an educational process and a forum for local dialogue was tangible in the ensuing question and answer session. As leaders in their respective regions, district chiefs were dedicated to ensuring that their voices be heard and that any questions they had about recent ECCC developments be answered. Many of the questions revolved around the purpose, logistics and imminent outcome of the current Duch trial. The first participant, for example, asked Vanthan and Scheffer to provide a basic explanation of the structure of the final trial sessions and a clarification of when and how a judgment will be delivered.



Other questions revolved around comparisons between the ECCC and tribunals in the former Yugoslavia , Rwanda and Sierra Leone . In answering queries about the differences between the ongoing trial and previous transitional justice mechanisms, David Scheffer was once again animated in highlighting the prominence of victim outreach and public participation in the ECCC process. In his eyes, while the Rwanda tribunal may have prosecuted more perpetrators than the ECCC, it was not as effective in paying heed to the victim experience and ensuring that those who suffered were involved in the proceedings. Furthermore, the ECCC is distinctive in that the trial is actually taking place in the country within which the conflict occurred, unlike the international hearings for Rwanda and Yugoslavia .



One district chief, after questioning the verity of allegations that Khmer Rouge prisoners possessed CIA and KGB affiliations, expressed his concern that he would not be able to attend all sessions of the tribunal. Scheffer responded that he hopes to create a two-hour film spotlighting the most interesting aspects of the trial which district chiefs can screen in their villages. In addition to this project, Scheffer also described his long-term plans to produce a book about the tribunal in the Khmer language. This would serve as another medium for Cambodians to obtain information about the ongoing proceedings. The level of intimacy and accessibility apparent in this conversation between a Cambodian district chief and the former War Crimes Ambassador for the United States was striking.



Several of the participants referenced their personal experiences under the Khmer Rouge regime. One man principally concerned with who will be put on trial in the second case, mentioned that he had been a prisoner in Battambang in the Northwestern Zone, while another attendee brought up his role in the Khmer Rouge revolution. The presence of victims of Democratic Kampuchea enhanced the quality of the session and lent greater meaning to the discussion. It was thus fitting that the meeting closed with the screening of two films that deal largely with oral histories: “Tuol Sleng in 1979” and “Behind the Walls of S-21.” The latter film in particular provided the audience with an extremely personal account of the Khmer Rouge regime and life during Democratic Kampuchea. As the audience watched survivors of S-21 and former S-21 prison guard Him Huy describe their experiences, it was clear that their narratives hit close to home for many participants.



The poignant stories chronicled in the film reflect the emotions and complexities also present in much of the tribunal testimony. With over 10,000 Cambodians having attended the trial sessions, Scheffer believes that there is reason for great optimism. He acknowledges that although the journey has been long and filled with numerous setbacks and challenges, the implementation of the ECCC represents a large step towards justice and reconciliation. Scheffer recalled a conversation he took part in more than a decade ago, when the possibility of justice in Cambodia seemed remote. He asked, “Was there not space for justice in Cambodia ?” With the commencement of the tribunal, the kickoff of the provincial teacher training, and the establishment of public forums such as Sunday’s meeting, it is clear that this “space” exists and widens day-by-day, opening up the possibility for a peaceful future.



Response to ECCC Prosecutors’ Call for a 40-year Sentence for Duch



Following the announcement on November 25, 2009 that Khmer Rouge tribunal prosecutors are seeking a 40-year sentence for S-21 leader Duch (Kaing Geuk Eav), local and international reactions were immediate. Below are some reactions from DC-Cam staff and affiliates.



“He managed to hide his evilness in front of the public, thus life imprisonment is a must.''

-Youk Chhang, Director of DC-Cam.



“I think this is too few years!! It should be life imprisonment although we know that he would not survive after 40 years.”

-Kok-Thay Eng, Deputy Director of DC-Cam and doctoral student at Rutgers University .



“I anticipated that the prosecutors would make a measured request to strike the balance between the prevailing public expectation for maximum punishment and the need for the KR leadership's truth telling/responsibility taking. Apparently, they put more emphasis on the latter as they turn their attention to the second case. My guess is that the result would be more or less similar.”

-Kosal Phat, Adjunct Professor at University of Southern Califirnia .



“We all know that Duch, now 69, could not make it to another 10 or 15 years. Duch expresses remorse which I believe is genuine perhaps at least to a certain level. Maybe Duch did not reveal did everything we saw for the purpose of seeking lesser punishment. Nonetheless, he is collaborating with the tribunal and at least via Duch, a certain level of truth and how the regime runs have been shed some lights on. With this consideration, I believe Judges must think about this and will ultimately reduce some sentence for Duch. Plus, Duch has said that he will not appeal.”

-Terith Chy, Victim Participation Project leader of DC-Cam.



“Practically it makes no difference because of his age, but symbolically it makes a tremendous difference for the victims since it is the maximum sentence the court can give. The conviction of causing the deaths of over 15,000 people should get the maximum sentence. The purpose of the tribunal above all else is to deliver justice for victims. They should be able to extract the necessary information from KR leaders to convict them without relying on 100% cooperation or leader's admission of responsibility. Plus, for the remaining KR leaders if they know that Duch who is arguably less senior than them is sentenced to 40 years, they should expect to get at least that amount if not more. Practically to them, 40 years and life imprisonment are the same so I don't think the tribunal's ‘measured request to strike the balance between the prevailing public expectation for maximum punishment and the need for the KR leadership's truth telling/responsibility taking’ will work on the remaining 4 leaders.”

- Dacil Keo , DC - Cam Public Affairs Officer and doctoral student at UW-Madison.



“He caused the death of more than 1,200 people and was imprisoned for 40 years. This means that killing one person cost Duch to be jailed for about 10 days. Prosecutors must be so funny.”
- Socheat Nhean , MA student at Northern Illinois University .



“This is the end of Mr. Duch trial, and I have a big question after the news that the prosecutors (Mr. Smith and Mrs. Leang...may be others in the team) is seeking only 40 years in prison. The crime that Mr. Duch committed with all those torturing and killing which caused 15000 people to die under his commands, I would think the prosecutors would ask a lot more years or life time in prison. Seeking only 40 years in jail is shocking me and I am sure many others people.”

Channary -- Former Duch’s student in Kampong Cham province.



“Finally, Cambodian people are receiving apologies. It is not enough but it is a good start!”

Virginie Martins de Nobrega – former ECCC intern.



“Vengeance is under rated!”

-Peter Maguire, author of “Facing Death in Cambodia .”