Court of Women calls for action

Friday, August 7, 2009


Photo by: Shaju John/UNDP
Vichuta Ly of Cambodia’s Legal Service for Children and Women gives expert testimony on Thursday at the Southeast Asia Court of Women on HIV, Human Trafficking and Migration in Bali, Indonesia. A jury of experts urged greater global awareness of the ‘vicous cycle of poverty, violence, trafficking and HIV’.

The Phnom Penh Post
Friday, 07 August 2009
Nathan Green

Experts urge greater global awareness of 'vicious cycle' of poverty, trafficking and HIV.

Bali, Indonesia

A jury of experts on Thursday called for urgent action to break the cycle of poverty, violence, trafficking and HIV that is ruining the lives of countless women, girls and communities in Southeast Asia.

The declaration was made at the culmination of the Southeast Asia Court of Women on HIV, Human Trafficking and Migration in Bali, Indonesia.

"Women's lives in Southeast Asia are dominated by acute inequality and injustice that make them highly vulnerable to various forms of violence, exploitation, trafficking and, subsequently, HIV," the declaration read.

"We, therefore, call upon all the governments, UN Agencies, civil society organisations, the media and the general public to take all possible steps to expeditiously address the vicious cycle of poverty, violence, trafficking and HIV that trap countless women in the region."

Wanta, a young Cambodian woman who refused to be photographed or allow her real name to be published, told the court of how she was now living with HIV as a result of her experience with traffickers. She acknowledged willingly having gone to Malaysia, where she had expected to work in a garment factory, but instead ended up in a brothel, highlighting the dangers all young women face when travelling abroad to work.

Refusing to work, she was raped repeatedly and starved, she said, before being rescued by police following a tip-off from a sympathetic customer.

Wanta was joined by 21 other survivors of trafficking from the region. Most were from poor backgrounds, exposed to exploitation as they tried to find a way out for their families.

Like Wanta, many were left HIV-positive by their experience of being trafficked into sexually exploitative situations, highlighting what experts at the court said was a tangible link between trafficking and the spread of the disease.

"[Women and girls] are trafficked for many different reasons, but overwhelmingly sexual exploitation remains the single major purpose," said Caitlin Wiesen, regional HIV/Aids practice leader and programme coordinator for the UN Development Programme, a co-organiser of the court.

More than 250,000 women and girls are trafficked every year in Southeast Asia - one-third of total global trafficking - according to UN estimates.

The jurors also called for rights-based policies to counter trafficking and prevent further injustices from being heaped on women after experts singled out Cambodia as a country where officials had gotten policy seriously wrong.

Wiesen said anti-trafficking laws passed last year had led to more women selling sex on the street "for fear of police raids in entertainment establishments, which can drive them further underground and further increase their vulnerability to trafficking and HIV infection."

She said the legislation had led to a "significant setback" for the country's 100-percent condom use programme, with a 31-percent reduction in the sale and availability of condoms in entertainment places and a 20-percent decline in women seeking testing and treatment at public clinics.

Vichuta Ly of Cambodia's Legal Service for Children and Women said the country's trafficking legislation needed to be refocused to protect the victims. Appearing as an expert witness, she also called for a better understanding of trafficking to protect those working voluntarily in the sex industry from harassment and prosecution.
READ MORE - Court of Women calls for action

RCAF officers warned over mushrooms

The Phnom Penh Post
Friday, 07 August 2009
Thet Sambath and Mom Kunthear

Deaths prompt advisory about foraging for food in the jungle.

MILITARY doctors have advised all RCAF commanders stationed at the border to issue warnings to their troops about eating wild mushrooms, following the death of three soldiers from poisoning late last month.

So Rin, 45, died at the Preah Vihear front line on July 29, while Saing Roeun, 45, and another unknown soldier died at the Military Region 4 Hospital the following day. Soldier Yoeun Be, 33, survived the poisoning.

"We ordered all military commanders during a meeting on Monday to tell their soldiers to be careful in picking mushrooms to eat," said Phoeuk Amrith, deputy chief of Military Region 4's hospital.

"They must only choose non-poisonous varieties."

He said that the soldiers who were poisoned had ingested three different species of mushroom, but that authorities were unsure which of the wild fungi was to blame.

Bo Sarath, a medic in Battalion 81, part of RCAF's Brigade 8, said that many ex-Khmer Rouge soldiers got used to foraging for food in the forest during the civil war of the 1980s and 1990s, and knew what was dangerous to eat.

"We are used to eating mushrooms, and we know which ones we can eat and which we can't eat. Sometimes they poison us, but not seriously," he said.

"These soldiers' deaths took us by surprise and taught us to be careful before taking anything to eat from the jungle."

Yim Phim, commander of Brigade 8, said that he had passed the warnings on to his troops.

"[Troops] choose to pick mushrooms to eat because they are delicious and there are plenty of them in the forest. They don't lack food, but these mushrooms are good and tasty," he said.
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Wat Phnom to seek special status under new classification system


Photo by: SOVAN PHILONG
Vendors do business Thursday outside Wat Phnom. Officials are seeking special status for the site.

The Phnom Penh Post
Friday, 07 August 2009
Chhay Channyda

City authorities will seek top-grade tourist status for ancient temple.

THE municipal Department of Tourism has submitted a letter to the Ministry of Tourism requesting that Wat Phnom receive special status as a national tourist site, officials said Thursday.

Som Chanren, the municipal director of tourism, said the temple, from which the city derives its name, was a sacred site, and that the city wanted to have it classified as a "three-star" attraction - the highest rating under the new Tourism Law.

"In the field of tourism, we need our attractions to be judged according to a set of standards," he said, adding that the popularity of the site, which attracts an average of 500 to 600 foreign tourists per month, made it a perfect candidate for the new classification.

"The judgement should take into account whether bad pollution exists around Wat Phnom, or whether we have good services at our tourist sites," he said.

Despite the rapid growth in international tourism in the past decade, Phnom Penh has never formally listed its tourist attractions with the Ministry of Tourism, officials said.

Minister of Tourism Thong Khon said Thursday that under the Tourism Law, tourist sites can apply for special classification and would be rated up to three stars according to criteria such as site security, public restrooms and access to parking.

"We have a Tourism Law to help sustain our tourism industry. All services have to meet benchmark standards in order to attract tourists," he said.

He added that all provinces were welcome to lodge applications to have their attractions registered with the Ministry.
READ MORE - Wat Phnom to seek special status under new classification system

Single visa on horizon after talks in Bangkok

The Phnom Penh Post
Friday, 07 August 2009
Vong Sokheng

CAMBODIA and Thailand have agreed to speed up plans to provide a single tourist visa in a bid to increase visitors to the two countries, Foreign Minister Hor Namhong said Wednesday.

"We have signed an agreement, and we promised to push for the implementation of the plan as soon as possible, since our tourism industry has been hit by the global financial crisis," he told reporters following his return from bilateral talks in Bangkok.

In a further bid to boost tourism, he said, the two countries are also considering opening a new border crossing between Banteay Meanchey province and Thailand's Sa Keo province.

Hor Namhong said that the Poipet-Aranyaprathet border crossing was providing difficulties for tourists because of the volume of trade that crosses the border daily.

Minister of Tourism Thong Khon said Thursday that the joint tourist visa would bring both countries benefits by boosting tourism, and that the neighbours also plan to create visa exemptions for each other's citizens from 2010.
READ MORE - Single visa on horizon after talks in Bangkok

Online nationalism stirs Southeast Asia

Tuesday, August 4, 2009


By Mong Palatino
Column: Peripheries
Published: August 04, 2009

Manila, Philippines — The Internet is increasingly being used by many Southeast Asians for various nationalist campaigns. Even government leaders are maximizing cyberspace to promote unity and patriotism in their countries.

This trend is encouraging since it gives ordinary citizens the chance to express a sense of belonging to their larger communities. However, there are also ultra-nationalist online initiatives which prevent the formation of regional solidarity in Southeast Asia.

Perhaps the most controversial website in Indochina today is ilovethailand.org. This website was created by Thailand’s Prime Minister to uplift the country's international reputation. The website also aims to unite and inspire Thais, many of whom are already disgruntled with the squabbles between the country’s major political forces. But the website has sparked controversy because it claims that parts of Cambodia are Thailand’s “lost territory.”

Cambodia and Thailand have been disputing the ownership of the ancient Preah Vihear Temple for several decades already. This territorial dispute has led to several violent skirmishes between the border patrols of the two neighboring countries.

Many bloggers have expressed disappointment that the Thai government has chosen to unite the country by provoking conflict with other nations in the region. They believe netizens should not advance this wrong version of nationalism.

As expected, the Cambodian government has filed a diplomatic protest over the creation of this website. It also led to the formation of a pro-Cambodia website: ilovekhmer.org. This website aims to expose the false statements which are allegedly found in ilovethailand.org.

Both websites, ilovethailand.org and ilovekhmer.org, have become very popular web portals in Thailand and Cambodia. While it is positive that the two countries have brought their border dispute into the cyber arena, it is unfortunate that this virtual war has also fueled racist sentiments in the two countries.

The Malaysian prime minister is another leader who has seen the potential of using the Internet to achieve unity in society. Aside from blogging and tweeting his everyday activities, Prime Minister Najib Abdul Razak has launched 1Malaysia.com.my to serve as an “interactive platform” between the leader and his constituents. “1Malaysia: People first, performance now” is the campaign slogan of the prime minister.

Meanwhile, pro-democracy activists in Malaysia have launched their own cyber campaign with the theme “1BlackMalaysia: Democracy first, elections now.” They believe the new leader has undermined the democratic institutions of Malaysia. Early this month, the group set up Facebook and blog pages encouraging Malaysians to create and upload “Where is democracy?” placards in the web.

Indonesia has proven that a national tragedy can unite netizens. Hours after the deadly blasts hit Jakarta last month, Indonesian twitterrers started sending “We're not afraid” tweets. For several days, the #indonesiaunite hashtag became the most active trending topic on Twitter. Users of Plurk and Facebook changed their avatars by adopting the red and white symbols of Indonesia’s flag. Local bloggers discovered the convenience of using microblogging sites to inspire people to action. Analysts were impressed that apolitical young Indonesians joined other concerned Indonesians in condemning the Jakarta terror attacks.

Filipino plurkers collected donations for Mindanao flood victims through paypal early this year. To show support for the ailing former president of the country, Twitter users added yellow twibbons in their profile pictures. Online petitions against the proposal to amend the country’s 1987 Constitution gathered hundreds of thousands of signatures and supporters, especially on Facebook.

Filipino activists have been successful in launching virtual campaigns that have further damaged the credibility of the incumbent president. A high-ranking government official once noted that the president has lost the media battle in cyberspace.

There is a vigorous campaign and lobby effort to push for more Internet freedom in Vietnam. Web campaigns showing support for Myanmar’s opposition icon Aung San Suu Kyi are numerous. Brunei bloggers have organized various fundraising activities for the benefit of sports teams, students and environmental groups.

The cause of nationalism is a popular but controversial theme on the Internet. Politicians and anti-government groups in Southeast Asia have been consistent and persistent in maximizing the Internet to advance nationalistic activities. This web phenomenon is positive in so far as it expands and improves the political participation of ordinary citizens. But it is counter-productive when it produces racism and xenophopia.

It is also distasteful when politicians use the web to hide their misdeeds by launching pseudo-nationalist advocacies. The Internet remains a great tool and platform for sincere individuals and groups to promote serious topics like nationalism. Netizens in the region should not allow bigots and tyrants to bastardize and defeat the radical potential of the worldwide web.

--

(Mong Palatino is a politician and activist from the Philippines. He is a Member of the Philippine Parliament representing the youth sector. He is Southeast Asia editor of Global Voices Online. He blogs at www.mongpalatino.com. ©Copyright Mong Palatino.)
READ MORE - Online nationalism stirs Southeast Asia

Cambodian lawmaker found guilty of defaming PM


Tue Aug 4, 2009

PHNOM PENH (Reuters) - A Cambodian court ordered an opposition lawmaker to pay $4,100 in damages on Tuesday for defaming Prime Minister Hun Sen, provoking fresh concerns the government is using the judiciary to suppress its detractors.

The Phnom Penh Municipal Court ruled that Mu Sochua of the Sam Rainsy Party had defamed the long-serving premier when she tried to sue him over comments he made about her conduct during last year's election campaign.

Critics said the ruling reflected Hun Sen's determination to use the courts to muzzle the opposition.

"That was not justice in the courtroom. It was totally political," Sochua told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

Sochua, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and another lawmaker, Ho Vann, were stripped of their legal immunity last month and lost their seats in parliament as a result.

Vann is accused of spreading false information and faces three years in prison.

Newspaper editor Hang Chkra is serving a one-year sentence in Phnom Penh for writing about alleged government corruption. An opposition activist, Moeung Sonn, fled the country in June after being given a two-year sentence for questioning a lighting system at the famed Angkor Wat temple complex, the country's biggest tourism draw.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

Sara Colm of New York-based Human Rights Watch told Reuters on Tuesday: "This is the most serious crackdown on freedom of expression in years. The space for opposition media and peaceful dissent is rapidly shrinking."

"These lawsuits are a clear attempt to harass the opposition and prevent members of parliament from exercising free expression."

Colm urged donors, who provided nearly $1 billion in aid last year, to make the government aware of their concerns.

"Donors -- particularly those who have funded judicial and legal reform -- need to take a firm stand," she said.

Human Rights Watch also called for an end to using the judiciary as a tool to silence government critics.

Sam Rainsy, leader of the country's largest opposition party which carries his name, said the court ruling had drawn attention to Hun Sen's attempts to intimidate his opponents.

"It may be a judicial defeat, but it is a moral and political victory for us as the opposition," he said.

Hun Sen, a former Khmer Rouge guerrilla, criticised rights groups and foreign diplomats last month for interfering in Cambodia's affairs after they voiced concern about the removal of lawmakers' parliamentary immunity.

He has dominated Cambodian politics for more than two decades and won a landslide election victory in July last year.
READ MORE - Cambodian lawmaker found guilty of defaming PM

There Are More Than 220,000 Clients of Sex Services in Cambodia – Tuesday, 4.08.2009


Posted on 4 August 2009
The Mirror, Vol. 13, No. 624
http://cambodiamirror.wordpress.com/

“Phnom Penh: Expert AIDS officials in Cambodia said that there are about 220,000 people who buy sex services in Cambodia, corresponding to 6% of the male population between the ages of 15 and 49.

“The deputy director of the National AIDS Authority of Cambodia, Mr. Tea Phalla, said during a training course to educate ‘Friends Educate Friends’ teachers on 3 August 2009 at the Ministry of Interior, ‘According to the observation of sex services in Cambodia, there are 220,000 clients of these services, corresponding to 6% of the male population between the ages of 15 and 49.

“Mr. Tea Phalla added, ‘In the last ten years, AIDS prevention has been a success, because police helped with this task.’ He went on to say that people selling sex services are afraid of the police, promoting the policy of the Royal Government of Cambodia to practice 100% condom use.

“He added that 14% of 400,000 men have girlfriends and sex partners besides their wives. ‘According to another observation, there are about 20,000 men seeking sex services each night in Cambodia at present.’

“Mr. Tea Phalla continued to say, ‘20% of the prostitutes use drugs, and it is hard to educate women who sell sex services not to use drugs.’

“The director of the AIDS Secretariat of the Ministry of Interior, Mr. Pen Vibol, said during the training, ‘Condom use increased after the ‘Friends Educate Friends’ program had been created. We are proud of our efforts.’

“Mr. Pen Vibol added, ‘AIDS is still a hot and worrying problem in Cambodia; as for AIDS prevalence in Cambodia, compared with neighboring countries in Southeast Asia, Cambodia has a higher rate.’

“The deputy director of Family Health International in Cambodia (FHI), Mr. Song Ngak, said, ‘FHI wants to see also that educational activities to prevent AIDS are included into the training school of national police of Cambodia.’

“He added that AIDS reached Cambodia in 1990s, in 1991 there were people confirmed to have HIV, more people which had been infected with AIDS were found in 1993, and the highest rate of AIDS infection occurred in 1996 and 1997.

“He added that people who died of AIDS from 1998 to 2002 did not receive treatment services as Cambodia did not have such possibilities at that time.

“Mr. Song Ngak continued to say that, ‘In 2007, approx. 3.1% of national police were infected with AIDS.’

“The head of the Medicine Management Office and director of the AIDS Program of the Ministry of Interior, Mr. Hy Samet, said, ‘The AIDS Secretariat of the Ministry of Interior trains ‘Friends Educate Friends’ teachers to have skills in educating about AIDS and about sexually transmitted diseases, and to promote the health of the national police forces, in order to contribute to reduce HIV and AIDS infections in Cambodia.’

“Mr. Hy Samet stated that the ‘Friends Educate Friends’ training course will take five days, with 26 trainees, from seven provinces and cities.”

Deum Ampil, Vol.3, #253, 4.8.2009
Newspapers Appearing on the Newsstand:
Tuesday, 4 August 2009
READ MORE - There Are More Than 220,000 Clients of Sex Services in Cambodia – Tuesday, 4.08.2009

Cambodian MP guilty of defamation


Mu Suh-Kwor was stripped of her legal immunity and lost her seat in parliament [EPA]

Al Jazeera

Tuesday, August 04, 2009

A Cambodian court has ordered an opposition member of parliament to pay $4,100 in damages after finding her guilty of defaming the country's prime minister.

A municipal court in the capital Phnom Penh ruled on Tuesday that Mu Suh-Kwor of the Sam Rainsy Party had defamed Hun Sen when she tried to sue him over comments he allegedly made about her conduct during last year's election campaign.

Critics have said the ruling reflected Hun Sen's determination to use Cambodia's courts to silence opposition critics.

"That was not justice in the courtroom. It was totally political," Suh-Kwor told reporters, who were banned from attending the court session.

"I will continue to fight until I get justice. Today, the court could have been a light for justice. The judge gave us darkness instead."

In early April, Hun Sen referred to an unnamed politician as a "strong leg," a term seen by some in Cambodia as offensive to women.

Mu Suh-Kwor has said the speech referred to her. She also denounced his remarks in another speech.

The court rejected her lawsuit in June, saying that it was groundless, but it moved ahead with the prime minister's countersuit.

Suh-Kwor, who was nominated for the Nobel Peace Prize in 2005 for her work against the trafficking of women in Cambodia, and Ho Vann, another politician, were stripped of their legal immunity last month and lost their seats in parliament.

Vann is accused of spreading false information and faces three years in prison.


Hun Sen has said rights groups are interfering in Cambodia's affairs [GALLO/GETTY]

Government crackdown

Suh-Kwor's case is the latest in a series of lawsuits and arrests targeting opposition voices.

Hang Chkra, a newspaper editor is serving a one-year sentence in Phnom Penh for writing about alleged government corruption.

In June Moeung Sonn, an opposition activist, fled the country after being given a two-year sentence for questioning a lighting system at the Angkor Wat temple complex, the country's biggest tourism drawcard.

Another opposition newspaper shut down after 10 years of publishing to avoid government legal action.

In June, the office of the UN High Commissioner for Human Rights in
Cambodia and the New York-based Human Rights Watch criticised the lawsuits against the politicians.

In a statement, the UN said the lawsuits undermined the constitutional freedom of opinion and expression.

Human Rights Watch said that Hun Sen had "a long history of trying to muzzle Cambodia's political opposition and undermine the independence of the legal profession".

Last month, the prime minister, a former Khmer Rouge fighter, criticised rights groups and foreign diplomats for interfering in Cambodia's internal affairs after they voiced concern about the removal of Suh-Kwor and Vann's parliamentary immunity.

Hun Sen has dominated Cambodian politics for more than two decades and won a landslide election in July last year.
READ MORE - Cambodian MP guilty of defamation

Is Duch’s trial making small steps forward or has it come to a standstill?


Phnom Penh (Cambodia). 04/03/2002: Cell numbers in former Khmer Rouge detention centre S-21
©John Vink/Magnum

Ka-set
http://cambodia.ka-set.info/

By Stéphanie Gée
04-08-2009

The hearing on Monday August 3rd hardly contributed to enlighten the tribunal. The first witness to appear left the feeling of a complete loss of time due to the thinness of his testimony. One failed to understand why some witnesses were called to the stand when they had nothing to say and why the prosecution, who suggested their names, did not attempt to demonstrate the interest in calling them to testify. The former S-21 staff member who succeeded him proved to have a better memory and was subjected to many questions which were thought to have been exhausted already… As for the accused, he relished noting the contradictions in their statements and gladly made reservations, in the lack of evidence proving they belonged to the staff under his direction.

A witness with limited memory and knowledge
Sek Dân, a 48-year-old dark-skinned farmer, was unable to sit still on his chair. He writhed with nervousness, ill-at-ease. The president informed him of his rights and duties, but the new witness struggled to understand what they meant. Khmer Rouge militia men conscripted him in his village while he was still only a child, he explained in response to the judge’s initial questions. Sent to a children’s brigade near Phnom Penh after a short training, he “hauled soil.” He was not good at remembering dates. He said he was sent in 1978 to S-21, where he joined the caregivers and was assigned the task of distributing medication, mostly to prisoners, “under the supervision of an adult.” There were no girls in his team.

As for the accused, he only saw him from time to time and from a distance. “[Duch] was the big boss then and I did not dare to look at him in the eye.” The detainees he was led to care for essentially suffered from diarrhoea, fever, and bore wounds and bruises on their back and limbs, he reported, adding that “some of them no longer had any nails.” As for the medication he administered them, he failed to give any precise information: “medication for diarrhoea for those who had diarrhoea, medication to heal wounds…” He specified that their peculiarity was that they usually had a “rabbit dropping” shape and were black. He had no idea what they were made of but claimed these remedies were produced “locally,” only since 1975. What about their efficiency? “Some were efficient, others were not. Once, I ingested a handful of them because I was so hungry, but it had absolutely no effect on me…”

Based on the screams he heard at night and the information he heard from the prisoners he treated, Sek Dân found out very quickly that their wounds originated in torture sessions they were subjected to. “During the time I worked at S-21, many prisoners – hundreds probably – died of illness. […] We, the children in the medical staff and the doctors, were asked to take the bodies away and bury them close to the building […].” As for suicides, he was aware of that of his team leader, Yoeun, who hung himself, fearing a fate similar to that of his predecessor Paov, who was arrested on the same allegations: an injection error that had resulted in the death of a detainee. He had realised, without receiving any instruction saying so, that his mission was not to heal but “to keep the detainees alive only for the duration of the interrogation” because they would gradually “disappear.”

Duch’s suspicions
“Do you recognise the accused today?”, judge Lavergne asked him. “I see him in the courtroom,” the witness answered, prompting a little smile from Duch. “Are you still scared of him today?” “I am much older today and I am no longer afraid of him.” Duch smiled again. As for him, did he recognise the witness? No, he did not and he expressed doubt that he could have been a member of S-21 medical staff. He noted the inconsistencies in his story, chronological ones in particular. “His memory is often mistaken. Let me give examples of it. He said he was now 48 years old, which means he was born in 1961. Yet, to judge Thou Mony, he said he arrived at S-21 when he was 11 years old and he repeated that to judge Lavergne…” The accused concluded: “I would like new documents relative to S-21 staff to be found. Then, I could finally make up my mind on whether Sek Dân was a staff member or not. Maybe the co-Prosecutors can help us on this point…”

The prosecution in fault
Turn of the prosecution, who suggested this witness but failed to present any document proving his past functions at S-21, as for the previous witnesses they submitted to the Chamber. Yet, there exist, among others, surviving lists of certain units of S-21 staff but it seemed that the co-Prosecutors had not deemed it useful to use them…

Kambol (Phnom Penh, Cambodia). 03/08/2009: Sek Dân, lost and unsettled by questions and ill-at-ease in his role as a witness, during Duch’s trial
©Stéphanie Gée


The Cambodian co-Prosecutor came very quickly to one of his team’s favourite exercises: showing on the screen a photograph of Tuol Sleng today and inviting the witness to indicate on it the places he mentioned in his testimony. Once again, the witness got lost in this exercise. It may be useful to show first pictures of S-21 taken in 1979, which do exist, rather than presenting immediately a contemporary view of the site, somewhat transformed now. The co-Prosecutor was convinced his approach was right and said so, a tad emphatically: “We would like the witness to confirm this is the building where he used to work. For the purposes of the minutes and for future generations, it is important to mark this building, so we know if building ‘C’ was the one where the witness used to work.” Silence. Sek Dân did not react. The president intervened: “Co-Prosecutor, could you give us a hard copy of this photograph? The Chamber itself is struggling to follow you, not to say anything about the witness or the public.” Sek Dân’s lawyer confirmed. And Nil Nonn added, to make sure his remark was understood: “Please keep in mind that the witness has a limited knowledge… […] If your question goes beyond his understanding, we are going to lose time.” The co-Prosecutor was allowed to go next to the witness to help him make sense of the photograph. Then, to the surprise of all, he talked in a low voice with the witness. The president put an end to the procedural breach: “Co-Prosecutor, you cannot converse privately with the witness. You must simply indicate and explain things to the witness publicly, so that the Chamber and the public understand what you are explaining. Otherwise, one will have the impression you are influencing the witness.” The co-Prosecutor turned the microphone on.

The civil party lawyers were quick as, indeed, this witness’ interrogation brought hardly anything to the debates.

A witness who does not understand his rights and duties
Floor to the defence. One did no understand why the witness eluded some of Kar Savuth’s questions with “I do not wish to answer” while it was about returning to technical points of his story which, under no circumstances, incriminated him. But nobody intervened. Sek Dân was probably intimidated and struggling to understand what was going on, preferring to protect himself with a misunderstood right to remain silent rather than to repeat he did not understand the questions or did not know how to answer them.

Next was François Roux, Duch’s international co-lawyer, who also sought to highlight the contradictions in the witness’ story. Following the accused, he returned to the seeming inaccuracy in his birth date, which led to believe he was actually 14 and not 11 in 1975. “I am not very good at mathematics. I would prefer not to answer,” Sek Dân apologised awkwardly. After a second similar response, the French lawyer reminded him he could refuse to questions that may incriminate him, “but not other questions.” The witness then admitted he did not understand the question. The president also intervened, as didactically as possible, so that Sek Dân distinguished between the questions which he can refuse to answer and those he must answer truthfully. The witness struggled and made no secret of it. Nil Nonn then invited the witness’ counsel to clarify things for his client.

The defence doubts the veracity of the testimony
The lawyer resumed and sought to re-establish a consistent factual chronology. But the witness maintained his statement. In answer to his questions, Sek Dân said he recalled Paov was killed the year he arrived at S-21, that is early 1978, and his next group leader, Yoeun, hang himself before the Vietnamese troops arrived.

Again invited to talk, Duch maintained scepticism in relation to the statement he heard. He was careful to highlight first that Sek Dân was a farmer’s son with “limited” memory and education, before justifying his position: Paov was executed before 1978, he claimed forcefully. If Yoeun had killed himself, as the director of S-21, he would have known about it, which was not the case… “This testimony is plausible overall, but the points I raised make me doubt the veracity of the witness’ statements.” His hand on his heart, the witness confirmed he had worked at S-21 and added: “Those who were with me can prove it,” like a former guard named “Mith.” He was thanked for his statement. Half a day was lost.

New witness
Before the next witness entered the room, François Roux observed an “abnormality:” there was no French translation of his statement to the co-Investigating Judges while an English translation was made… since October 2007.

Kambol (Phnom Penh, Cambodia). 03/08/2009: Lak Mieung, a witness more at ease… in an oversized jacket
©Stéphanie Gée


Lak Mieung, a 52-year-old farmer, took his seat. He was recruited as a member of the militia in his commune in 1974 before becoming a soldier. Shortly after April 1975, he was sent to the technical military school of Takhmau, before being assigned to a unit as guard. Then, he worked at the main prison in the police headquarters in Phnom Penh, until the prison was moved to Tuol Sleng. After arriving at S-21, he became a guard on duty outside the cells and buildings, within the compound, according to a system of shifts, before being appointed as a typist to record the prisoners’ confessions and then, late 1978, an interrogator. The witness’ dark jacket hung off him and looked identical to that worn by Sek Dân and the other former S-21 staff members who succeeded before him at the stand. He visibly looked more relaxed than his predecessor and even dared to cast a glance to the side of the accused.

Used-up usual questions
In response to judge Ya Sokhan’s questions, he claimed he had seen Vietnamese prisoners “in great numbers,” maybe between 100 and 200, who arrived by trucks at S-21 “in late 1978” and for most, locked in collective cells in the North building. The judge did not fail to ask him how the prisoners were set in the cells, what clothes they wore, whether they had to request the guard’s authorisation to stand up, what food rations they received, how they washed, etc. Questions already heard dozens of times.

How one becomes an interrogator
Lak Mieung explained he did not learn interrogation techniques in a manual, but with an experienced interrogator who supervised him. He had to observe how the latter proceeded to extract confessions from prisoners and identify their networks. Under his supervision, he interrogated a dozen prisoners, then three or four on his own, before Phnom Penh was captured by the Vietnamese. But he said he did not remember the names of those he had to make confess. Also, he was not aware of the existence of teams assigned to the “hot,” “cold” or “chewing” methods. The witness said he only met Duch at the dining hall and the political school.

Duch’s phone calls
“I would receive the order to interrogate a prisoner by writing. It was my team leader, […] [who changed] at various periods, who transmitted me the order. I would receive a instruction letter and I would go and get the person in his cell and interrogate him.” The letter was signed by the team leader, but it did not have the name of the person who had written the text, Lak Mieung specified. When he had finished with an interrogation, Hor, Duch’s deputy, would come and ask him his findings. Then, he would present his interrogation report to his team leader, but never to the accused, because “you had to go through the chain of command.” No, he never received any annotated document asking him to continue an interrogation. Once he had reported a prisoner’s confessions to his supervisors, if any uncertainties remained, Duch would eventually call him directly on the phone to ask him further questions. “It happened,” the witness claimed, saying he was certain he could clearly recognise the voice of the accused at the time. Beyond the interrogation stage, Lak Mieung knew nothing about what happened to the prisoners, he claimed.

Violence against detainees, on Hor’s instigation
“Were the interrogators empowered to torture or did they have to request authorisation?”, the judge asked. “Violence against detainees was not authorised for ordinary interrogators like myself. We could possibly insult or threaten the prisoner, but we were forbidden from mistreating him physically.” Instructions received from the unit chief. “What if, for instance, a detainee did not give full confessions and torture was used against him. Who gave the order?”, Ya Sokhan continued. “In such cases, it was Hor who would personally come and see us and order us to take a stick [to hit the detainee].” As for Duch, he never exhorted him to resort to torture against any detainee, Lak Mieung declared. However, “during studying sessions, we were taught how to use torture during interrogations.” “Duch gave us these trainings, but he was not the one who ordered us to use torture in specific cases. He told us to start by talking about politics to obtain the confessions we sought. […] Most often, it was Hor who resorted to torture.” Aside from branches and electroshocks, Lak Mieung said he did not see other instruments or techniques or torture.

Lak Mieung says he recognised Sek Dân
As for the medical staff, he did not note any female member, but remembered seeing Sek Dân, who testified in the morning. He recognised his face, saying he had kept the memory of “teenage” members, and not children, in that team. “I knew [Sek Dân] well because we were in the same training.” Judge Lavergne then asked him if he remembered noting, in the interrogation rooms, any instructions posted on the walls. Lak Mieung said he did not. “What I learned, I learned it from other interrogators.”

Duch “hesitates to confirm”
Did the accused recognise Lak Mieung as a former S-21 staff member? Duch “hesitated to confirm.” If nothing in this witness’ testimony incriminated him directly, he expressed his rejection that some people sought to associate themselves with S-21, a “criminal mechanism,” and claimed they were part of it when it was not the case. He listed some details in the witness’ testimony that arose his “suspicions,” in particular his claim he used to call him to talk with him about prisoners’ interrogations, a “very strange thing.” The accused hoped to be able to shed light on this witness and added that if Lak Mieung could remember the names of the people he had interrogated, it would things easier.

(translated from French by Ji-Sook Lee)
READ MORE - Is Duch’s trial making small steps forward or has it come to a standstill?

Desperate plea


Photo by: Heng Chivoan

The Phnom Penh Post

Tuesday, 04 August 2009

Heng Chivoan

Representatives from 108 families meet with publisher Soy Sopheap in front of Deum Ampil newspaper office on Monday after travelling from Poipet to protest losing their land to a developer. The company was awarded the land after claiming only 14 families lived in the area, not 108. Soy Sopheap agreed to travel to the village and meet with company officials next Monday.

READ MORE - Desperate plea

 
 
 

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