The Phnom Penh Post

Him Huy gave a chilling account Thursday of executions at the Choeung Ek Killing Fields. Unlike former S-21 deputy Mam Nay, whom Comrade Duch accused of withholding information, Him was very forthcoming in his testimony.

Tuol Sleng detainees destined for the Killing Fields were generally loaded onto trucks around 8pm, under cover of darkness, Him told judges. If they asked where they were being taken, staff had been instructed by deputy chairman Comrade Hor to say they were “going to a new home.”

The ride to Choeung Ek took around 30 minutes. When they arrived, the prisoners were led to a room underneath a small house on the site. A generator was switched on to greet the arriving transports and a light shone from the house. It must have been an eerie scene.

It was a moving -- and disturbing -- day at the court as Him Huy offered detailed testimony about operations at S-21 and the Killing Fields. I will post about this tomorrow ...

Former S-21 deputy Mam Nay did indeed begin testifying today, although his much-anticipated appearance was somewhat anticlimactic. For the most part, the 76-year-old, bundled in a krama and gloves, claimed he couldn't remember much about his work under Comrade Duch.

He told judges that, despite his status as an interrogator at S-21, he did not torture prisoners. Moreover, he claimed that the detainees brought to him looked neither malnourished nor mistreated -- a comment met with disbelief by many audience members.

Mam became most passionate toward the end of the day, when explaining how he believed all of the Vietnamese brought to S-21 were somehow guilty.

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

It appears that the Phnom Penh Post website is currently under renovation and this is making it difficult for me to post on my blog. I will wait until the work is complete to write about today's testimony of S-21 child survivor Norn Chanpal.

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.