The Phnom Penh Post

It has been a little while since I posted, partly because the Phnom Penh Post website has been undergoing an upgrade (sorry that the format is still a bit strange), and partly because I spent the last week traveling with my parents, who are visiting the region.

But I was back at court today, in time to see the chamber wrap up questioning of civil party Nam Mon. Claiming she had been a medic at S-21, Nam’s story was somewhat inconsistent, which seems to have been the case for several other Khmer Rouge survivors who testified recently. Civil party lawyers were actually scolded last week for having inadequately prepared their clients. Hopefully they will do a more thorough job in the future.

At the same time, civil party lawyers have accused judges and defense counsel of lacking the necessary sensitivity when questioning trauma survivors. Lawyer Silke Studzinksy interrupted defense attorney Kar Savuth several times today, asking that he take a less “aggressive” tone with the witness.

Former S-21 deputy Mam Nay made a brief appearance in court at the end of the day. His testimony was slated to begin, but defense attorney Francois Roux objected that Mam might end up incriminating himself if Joint Criminal Enterprise were ever applied at the court. He insisted that Mam be able to consult with a lawyer. The chamber adjourned early so the witness could do so. Hopefully his much-anticipated testimony will begin tomorrow morning.

It was another full house today at the ECCC as Tuol Sleng survivor Bou Meng testified before the chamber. The Public Affairs Office has done a wonderful job of getting people out to the court this week and I hope the trend continues. While hearings have often been sparsely attended in the past -- partly due to the incredibly inconvenient location of the tribunal -- new Public Affairs head Reach Sambath said his office recently ran a series of radio announcements. The public response has been fantastic. The tribunal has hosted hundreds of villagers and students every day this week and another large crowd is expected for tomorrow's hearing.

They have been able to witness compelling testimony. Following fellow Tuol Sleng survivors Vann Nath and Chum Mey, Bou Meng described to the court today the torture he experienced under the Khmer Rouge and how his painting abilities saved his life. He is a strikingly small man, his body heavily scarred and teeth missing from the beatings inflicted on him at Tuol Sleng. The torture also damaged his hearing and he explained to judges that court officials had helped him obtain a hearing aid.

In the morning, Chamber President Nil Nonn asked Meng to remove his shirt to show judges the scars on his back -- a request that was objected to by civil party lawyer Silke Studzinksy. After a brief recess, the judges withdrew the request, which I believe was the right decision. It feels somehow exploitative to have torture survivors strip in open court. If judges decide they need to see the scars, they have agreed that photographs can be taken in private of Meng's injuries. Â

In some of the most powerful testimony to date at the Khmer Rouge tribunal, former Tuol Sleng prisoner Chum Mey told the court today about his harrowing experiences during Democratic Kampuchea. He broke down and wept at several points, when describing the torture he endured and the deaths of his wife and children.

"I cry every night," he told the court. "I am like a mentally ill person now."

As an observer, I was particularly moved by Chum's willingness to describe the psychological trauma he experienced as a result of the Khmer Rouge. Discussion of mental health issues is still taboo among many Cambodians, which makes Chum's candor all the more admirable.

Tuol Sleng survivor Vann Nath testified before the tribunal today and, while he has told his story publicly many times before, it was a poignant moment in the court's development. Nath, who is in poor health, had expressed concern in the past that he may not live to see justice done.

Hopefully, the fact that he has now confronted his former captor in an international court will bring him some measure of closure.Â

"I never imagined that I would be able to sit in this courtroom today," he said. "This is my privilege; this is my honor."

International Co-Prosecutor Robert Petit emphatically told journalists today that his decision to leave the ECCC is "entirely related to personal family matters." And, he continued, "totally unrelated to my professional responsibilities at this court."

He said his decision to leave was made after months of reflection and "has everything to do with issues from Canada" (his home country).Â

While Petit admitted that not everyone will find this explanation satisfactory, he said he did not feel comfortable discussing his personal life in the public sphere. He told reporters assembled for a press conference that he did not believe his departure would affect the court's work, including his disagreement with Co-Prosecutor Chea Leang over pursuing additional suspects.

International Co-Prosecutor Robert Petit announced today that he is stepping down from his post at the Khmer Rouge tribunal. His last day will be Sept. 1, 2009. I've posted his statement below:

It is with the deepest regret that, for personal and family reasons, I must demit my position as International Co-Prosecutor effective 1 September 2009.

It has been the greatest privilege of my career to have the opportunity to bring some justice to the victims of the crimes of the Khmer Rouge. I remain convinced that Cambodia's hopes for a better future lie, in part, on true accountability for crimes. My staff and I have tried, within our jurisdiction, to contribute to that goal to the best of our abilities. I have no doubt that Deputy Prosecutor William SMITH and my staff shall, along with our Cambodian colleagues, continue to do so after I depart. My decision has been reached after months of deliberation and consultation.

According to a tentative schedule released by the court, the much-anticipated testimony of survivors of S-21 will begin around Tuesday, June 30. One witness will be slated to testify each day.

Of course, such scheduling is generally only a rough outline, but the chamber has been trying to expedite proceedings. In fact, proposed time limits on questioning have met with opposition from Comrade Duch's defense team.

Parties continued questioning Duch himself today about operations of S-21.

I haven't been able to post this week because I've been busy with a side project, but judges have been questioning Comrade Duch about the operations of S-21. So far, the testimony has been gruesome and emotional.

Wednesday, Duch became visibly upset -- which is unusual for the stoic defendant -- when describing the murder of his former teacher at Tuol Sleng. He said he was ashamed he had betrayed friends "to survive myself, to further see the sunlight," and begged forgiveness from his teacher's soul.

Judges denied Duch's request Monday for release from provisional detention. However, in their ruling, they wrote that his eight-year detention at the Cambodian Military Court had been unlawful, and that he might be eligible for a sentence reduction.?

The tribunal's security section has completed an investigation into the recent "Waterlilygate" controversy at the court, spokesman Lars Olsen told reporters Wednesday. He said no evidence of "foul play or theft" had been discovered.

Last week, defense lawyers for Nuon Chea said they believed there had been a security breach at the court after a confidential document from their office was found floating in a lily pond outside the ECCC.

Olsen said the security section is drafting a report about the recent investigation and will be strengthening security protocols.

The Trial Chamber will hold a trial management meeting tomorrow that will not be open to the public. Items on the agenda:

* The estimated duration of trial proceedings.

* Scheduled trial days and recesses.