The Mirror, Vol. 14, No. 675
“Phnom Penh: The former Tuol Sleng Prison chief Kaing Kek Eav was sentenced by the trial chamber of the Khmer Rouge Tribunal to serve 35 years in prison, but this verdict was criticized in the general public, especially by victims of the Tuol Sleng prison.
“In the morning of 26 July 2010, the Extraordinary Chambers in the Courts of Cambodia [ECCC] opened a hearing to announce the verdict in Case 001, on the former Tuol Sleng Prison chief Kaing Kek Eav. About 1,000 citizens and victims of the Democratic Kampuchea regime, as well as about 100 national and international reporters, participated in the event.
“During the announcement of the verdict, after the conclusion of the procedures had been announced at 11:05, the head of the trial chamber, Judge Nel Non, ordered Duch to stand up and he announced that after considering the evidence and all considerations from all sides, the trial chamber concluded that Kaing Kek Eav is guilty according to Article 5 and 6, and the new Article 26 of the ECCC about crimes against humanity and about the mistreatment of political prisoners, including the crimes against humanity of massacre as well as slaughter, slavery, detention, torture, and one rape case, as well as other inhuman acts, and a severe abuse against the Treaties of International Humanitarian Law, signed in Geneva on 12 August 1949.
“Judge Nel Non added that, based on the reasons mentioned in the judgment, the trial chamber does not consider any culpability of the accused over the allegation of genocide which violates Article 501, 506, and 500 of the criminal code of Cambodia of 1956 that can be prosecuted at the trial chamber, following the new Article 3 of the ECCC. He stressed that to determine the appropriate punishment, the trial chamber, considering all circumstances of the case, valued the burden of each punishment, including the atrocities committed against 12,273 victims, and the trial chamber considered also that there should be a reduction of the punishment of the sentence for the accused through a prison term with a limited period rather than to sentence him to life imprisonment. The reduction of the penalty is based on the cooperation of the accused with the trial chamber, his recognition of his responsibility, and his expression of remorse; therefore, the trial chamber decided to jail Kaing Kek Eav for 35 years. However, this verdict was strongly criticized by some victims of the Democratic Kampuchea regime, while some are satisfied with it.
“Mr. Chum Mey, a victim of the Democratic Kampuchea regime who was under Duch’s control in the Tuol Sleng prison, told journalists that this tribunal has proceeded well since the start by allowing victims to visit the Tuol Sleng criminal center twice a week. But he regretted that the judges announced a verdict to sentence Duch only for 35 years in jail.
“Also a citizen from Kompong Speu, who went to watch the announcement of the verdict in the morning of 26 July 2010, said that he is satisfied with the verdict announced by the judges, because within 35 years, Duch might die in jail, as he is now already 68 years old. Other citizens who attended the event expressed also similar ideas.
“Ms. Hong Savath, 47, participating in the announcement of the verdict of Case 001 of the former Tuol Sleng prison chief Kaing Kek Eav, alias Duch, cried until she almost fainted, when she had heard the verdict announced by the judges to convict him to 35 years in prison. She said that she wanted Duch to serve the rest of his life in prison, because her parents were killed and raped in the Tuol Sleng prison during Duch’s time in office.
“The spokesperson of the ECCC, Mr. Reach Sambath, said that morning during a press conference after the pronouncement of the verdict, ‘Today, the ECCC created an important historical milestone for the Cambodian people; this is the first time that a verdict was made against a person who committed serious crimes during the Democratic Kampuchea regime, after it was overthrown on 7 January 1979.’ He added that also in 1979, a verdict had been announced, but it was different in the point that those who were considered highly responsible for serious crimes were not present to answers to the accusations, as it happened in the present hearings. Since this court was established in 2006, Cambodian people in the whole country have observed and studied the procedural proceedings applied this time.
“Mr. Reach Sambath added that at the hearing during the announcement of the verdict of Duch, in the morning of 26 July 2010, there were about 1,000 persons attending, while millions of other citizens were watching and listening to the live broadcast on all television channels and on many radio stations, sharing the information nationwide.
“A co-prosecutor of the ECCC, Ms. Chea Leang, said during the press conference that such a decision is a historic event for Cambodia. It is more than 30 years since the Khmer Rouge Regime had fallen from power and was forced to stop its violence. Nothing can eliminate the pain and misery of many citizens and their families, but the verdict represents now a trustworthy legal action toward war crimes which were committed as a policy of the Khmer Rouge.
“Ms. Chea Leang went on to say that the co-prosecutors are considering to appeal the verdict on Case 001, checking whether it is acceptable or not.
“According to the announcement of the ECCC, Kaing Kek Eav is the first person brought for sentencing at the ECCC. Kaing Kek Eav used to be deputy chief, and later on chief of the S-21 Center, a security center with the duty to interrogate and kill any persons suspected by the communist party to be enemies of the Democratic Kampuchea regime.
“It should be noted that the verdict of former Tuol Sleng Prison chief Kaing Kek Eav, called Duch, for 35 years imprisonment, starts to count from the day of his arrest on 10 May 1999. But considering the cooperation of the accused and his recognition of his acts, 5 years are reduced, so that 30 years remain. Therefore, starting from the day of his arrest, Duch has still to serve only 19 years in prison, counting from the pronouncement of the verdict on 26 July 2010. Compared with the former Phnom Penh police chief Heng Pov [convicted to about 100 years in prison], Duch received a lower punishment.” Kampuchea Thmey, Vol.9, #2311, 27.7.2010
Newspapers Appearing on the Newsstand:
Tuesday, 27 July 2010
Kampuchea Thmey, Vol.9, #2311, 27.7.2010
- The Former Tuol Sleng Prison Chief Is Sentenced to Serve 35 Years in Prison
- Samdech Dekchor Hun Sen Promised that Cambodia Is Open for Singaporean Investors [he said so during his visit to Singapore, extending from 25 to 27 July 2010]
Koh Santepheap, Vol.43, #7018, 27.7.2010
- A Former Prisoner of the Tuol Sleng Prison [Mr. Chum Mey] Reacted: I Cannot Accept the Verdict Sentencing Duch [to serve 35 years in prison, but when some years are deducted because he has been in prison already in the past, he has to serve only 19 years more]
- The European Union Granted Euro 2 Million [approx. US$2.6 million] to the Khmer Rouge Tribunal
Moneaksekar Khmer, Vol.17, #3942, 27.7.2010
- The Verdict Is Announced to Sentence the Former Tuol Sleng Prison Chief to a 35 Years Term of Imprisonment, but There Is Still No Prison to Jail Him
- The Yuon [Vietnamese] Authorities Continue to Ban Khmer Citizens from Doing Rice Cultivation on Khmer Territory along the Border in Takeo [while the Khmer authorities in Takeo said that Khmer farmers have the full right to do farming along the border and Vietnam has no right to stop them]
Nokor Wat, Vol.1, #14, 27.7.2010
- Duch Can Get Out of Jail When He Is 92 Years Old
- [The Thai Prime Minister] Abhisit Said Thailand Will Not Recognize a Cambodian Map [not mentioned which map] during a Meeting in Brazil [he said if the World Heritage Committee meeting there agrees with the Cambodian request to develop the Preah Vihear Temple region, Thailand will have its strategies in place, not disclosing details at present, against such a decision]
Phnom Penh Post [Khmer Edition], Vol.1, #223, 27.7.2010
- Duch Is Sentenced to Get 35 Years in Jail, but He Will Serve only still 19 Years when Considering the Time He Has Served already, however Victims Are Disappointed
- The Opposition [Sam Rainsy] Party Asked for an Intervention by [the Minister of the Council of Ministers] Mr. Sok An [to allow 1,255 families in Siem Reap to reconstruct their houses and selling stalls, after they had been banned by the Apsara Authority, claiming it was against the law of the Angkor heritage area, as this act of the authorities affects their livelihood – Leang Dai commune, Angkor Thom district]
- The Export of Garments in the First Six Months Increased by 10% [to US$1.3 billion – according to the Ministry of Commerce]
Rasmei Kampuchea, Vol.18, #5260, 27.7.2010
- Duch Killed 12,273 People – That Means He Serves One Day in Prison for Killing One Person
- The Cambodian Prime Minister Called on Singaporean Businesspeople to Take Up Investment Opportunities in Cambodia
Have a look at the last editorial – you can access it directly from the main page of the Mirror.
And please recommend The Mirror also to your colleagues and friends.
The Mirror, Vol. 13, No. 594
40 Years and 30 Years Later
Forty years after the defeat of the German state – the German Reich – at the end of the Second World War, the President of the Federal Republic of Germany, Richard von Weizsäcker, spoke on the anniversary, 8 May 1985. Many commentators said that this was probably the most important speech ever given in Germany on the topic.
Thirty years after the defeat of the Cambodian state – the Democratic Kampuchea, the Khmer Rouge – the President of the Cambodian People’s Party spoke on the anniversary, 7 January 2009.
In both countries there had been great disagreement over how to regard their historic dates, since it marked both the end of a terrible period of history and the beginning of a period in which other countries wielded power over key aspects of life and government.
We document here some abbreviated sections of statements about these two historic events.
From the 1985 speech of the President of the Federal Republic of Germany in the German Parliament:
It does not help to move into the future if we or others are too reluctant to hurt feelings. We need, and we have the self-confidence, to face the historical truth, without hiding the facts and without favoritism.
The day of 8 May is for us, above all, a day of remembrance of what people had to suffer. It is at the same time a day challenging us to openly think about the course of our history. The more honestly we are prepared to really acknowledge what happened, the more we may be open to face the consequences responsibly.
All who lived through the day of 8 May 1945 consciously have personal memories and thus quite different experiences. Some returned home, others became homeless.
It was difficult to orient oneself immediately and clearly. There was uncertainty in the country. The military defeat was complete. Our fate was in the hands of the enemies. The past had been terrible, also for many of those enemies. Wouldn’t they make us pay for what we had done to them?
Most Germans had believed that they were fighting and suffering for a good cause for their own country. And now it turned out: all that was not only futile and useless, but it had served the inhuman goals of a criminal leadership.
We had to think back to a dark abyss of the past, and to look ahead into an uncertain dark future. But it became clearer, day by day, what we all must say today: The day of 8 May was a day of liberation.
We all have good reasons to recognize the day of 8 May 1945 as the end of a period of German history when we went wrong.
[For the full text of the German original: WEIZSÄCKER-REDE 1985 – “8. Mai war ein Tag der Befreiung” click here.]
From the 2009 speech of the President Cambodian People’s Party during the 7th of January Celebration of the Victory Over Genocide Day
“The victory of 7th January saved the fatherland and the people of Cambodia from the harsh regime of genocide in a timely manner,” and the anniversary marked the end of “the dark chapter of Cambodian history” – he thanked Vietnam for “saving the country from genocide.”
While the former King Sihanouk had initially pleaded Cambodia’s case before the United Nations against the new Cambodian government installed by the Vietnamese in January 1979 after they had dismantled the Khmer Rouge regime, he later evaluated the Vietnamese invasion of 1979 differently and positively [quoting a translation from French]:
The January 7, 1979
By N. SihanoukBeijing, December 18, 2006
Some very senior (CPP) Officials recalled (with good reason) that “without the January 7, 1979,” I would – with (the future King) N. Sihamoni, Samdech N. Monique Sihanouk – be dead in the hands of Pol Potists (Khmer Rouge).
This is strictly conformed to the historical truth.
In this regards, I pay tribute and I express my deepest gratitude to H.E. Samdech Heng Samrin, H.E. Samdech Chea Sim, H.E. Samdech Hun Sen, to the Heng Samrin Khmer Armed Forces (Front), and to the DRV [Democratic Republic of Vietnam] and its armed forces.
It is certain that, without them, Pol Pot, and following my death, Pol Pot’s Angkar of the “Democratic Kampuchea” would have been still leading an ultra-infernal Cambodia.(Signed) Norodom Sihanouk
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