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The Case against the ECCC

(KRT in the Dock)

COMMENTARY

The Khmer Rouge Tribunal in the Dock: In Search of Truth and Justice

1 February 2011

Read complete Commentary...

. . .

Brilliant Opening Statement

by Defense Lawyer Michiel Pestman in his indictment of the ECCC

Compromised Venue of ECCC

The Military/Army Headquarters the front half visible from National Route 4, with the ECCC the back half.

Background: During the 10 years of negotiation, we the Cambodian victims and international wanted the venue of the KRT to be in the city center, either at Chaktomuk Hall or Chenla Theatre or another similar location.  The RGC adamantly refused and uncompromisingly pushed for this remote military/army compound in Kampong Speu province.  (As this large military compound had no large hall for the chamber, the current large auditorium had to be constructed along with the ECCC offices in the adjacent building.)  The UN gave in with the understanding that the KRT would be the whole compound.  After signing of the Agreement in 2003, the RGC retained the front half of the compound as the army/military headquarters.  Moreover, the RGC had to re-draw the map of Phnom Penh to include this military/army headquarter, formerly part of Kampong Speu province, to be part of Phnom Penh to satisfy the language of the 2003 Agreement.

* Military/army compound with all its insignia

* Remote, one-hour drive through dangerous traffic outside of Phnom Penh city center, as it is the main road to the popular seaside of  Sihanoukville/Kampong Som.

Underwhelming work of KRT

after 10 years of negotiation,

after 6 years of operation,

after $200,000,000 since its establishment in 2003

ZERO dollars even though the Cambodian government is responsible for the salaries and function on the Cambodian side of the ECCC, according to the Agreement of June 2003.

Effectively, this is the work of the ECCC in reality:

KRT

=

Duch*

+

Phase I Movement**

=

US$2,000,000 plus more millions
(all international funding)

=

6 yrs. operation (and going), 10 yrs. negotiation

=

JUNK JUSTICE

* Duch (Case 001) is the director of one security center among 200 security centers during the Khmer Rouge era; Choeung Ek killing field is only one among thousands of killing fields.

** Phase I Movement covers the April 1975 evacuation from major towns especially Phnom Penh and the few weeks immediately after.  Effectively, this 1st mini-trial (starting only since Nov. 2011) will comprise the full scope of Case 002, as the trial hearings on Phase I Movement against the 3 senior KR leaders is envisioned to take 2-3 years.  Meaning that the KRT will not be able to try the other mini-hearings outlined in Closing Order/Indictment (see Table of Contents below).

. . .

Case 001

- Defendant: Duch, director of Tuol Sleng, one of 200 KR prisons

- Status: convicted/sentenced on 26 July 2010 to 35 years for deaths of 14,000; appealed sentencing, with Supreme Court ruling on 3 Feb. 2012.

Duration: 6 years

- Note One: Duch has confessed and cooperated since his illegal detention by the Military Court prior to his detention by the ECCC in 2007.  In 2010, at the closing argument, after firing his UN lawyer, Duch flip-flopped, in all likelihood due to political pressure as he will be the star witness in Case 002.  The best strategy to discredit a star witness is to make him not believable by making him flip-flop.

- Note Two: Tuol Sleng is only one of 200 Khmer Rouge prisons; Choeung Ek is only one of thousands of "killing fields".  Both were established by political propaganda.  A handful of KR prisons claimed more deaths (20-30,000) than Tuol Sleng; many not within the ECCC scope of investigation.

- Note Three:  The highest members of this current Cambodian government were former Khmer Rouge cadres and would like to make Duch the sole scapegoat of the regime in fulfilling their twin goals: (i) to go down in history as the government which put the KR on trial; and (ii) in the process whitewash their own KR history. 

Case 002

- Defendants: Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith

"the Senior KR Leaders"; but Ieng Thirith is out due to dementia

Duration: a couple of months of substantive trial hearings, as of 28 Jan. 2012

- Status:  Pre-trial hearings re the necessity of their pre-trial detention.  Substantive hearings in Trial Chamber had a false start on 27 June 2011, only to historically start again on 21 Nov. 2011.  The entire Case 002 (see Closing Order/Indictment) has been sectioned into mini-trials, with the first mini-trial on the Phase I Movement (April 1975) now in session.

Note: Victims participation via the Lead Co-Lawyers - Hahahahahahhahahahahha!!! The biggest joke of the millennium, if it wasn't so destructive and sad in the DIS-EMPOWERMENT and EXPLOITATION OF VICTIMS via this lawyering farce which obfuscates in the scheme's vacuity.

Case 003

Case 004

Actual (vs the hi-falutin grand language of justice) Scope

of Case 002 Trial Hearings

against Only 3 Senior KR Leaders

Hailed as historic, most difficult case since Nuremberg (sic!)

Only ONE mini-trial is likely to be heard in its entirety, if even that, the one segment of history that is well-known to everyone--both Cambodians and non-Cambodians--the Phase One Movement (effectively only the Phnom Penh).  The one currently in the Trial Chamber.

That is to say, hearings on the Movement of Phnom Penh of 17 April 1975 and a few weeks after will comprise the

WHOLE OF CASE 002!

The yellow-highlighted line

of this Closing Order (or Indictment) of Case 002

will be effectively the WHOLE OF CASE 002,

for the deaths of 2 Million,

as this is envisioned to take 2-3 years of trial hearings,

to the EXCLUSION of all the other points in the Table of Contents below.

The foundational document, this Closing Order/Indictment, for all the parties in Case 002 in trial hearings.  Now, after 6 years of operation did it occur to the ECCC Case 002 into mini-trials; that is to say, this Indictment is now chopped up in mini-trials, with the yellow-highlight line (below) effectively to be the whole of Case 002 to the exclusion of all the other substantive crimes and periods, as it is envisioned that the 1st mini-trial will take 2-3 years of trial hearings, beginning only June 2011 (oops, false start!)... Let's try again, Nov. 2011.

"In light of the HISTORIC (!) start of MOST COMPLEX (sic!) trial hearings beginning on 27 June 2011 and again ANOTHER HISTORIC (!) START of this same MOST COMPLEX (sic!) on 21 Nov. 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is posting installations of the public document of the Closing Order of Case 002."