VZCZCXRO7455
OO RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0212/01 0911045
ZNR UUUUU ZZH
O 011045Z APR 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC IMMEDIATE 0560
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UNCLAS SECTION 01 OF 02 PHNOM PENH 000212 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP, P, D, DRL, IO, S/WCI 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS PHUM PREL KTIA CB
SUBJECT: KHMER ROUGE TRIBUNAL BRINGS DUCH TO JUSTICE 
 
REF: PHNOM PENH 105 
 
PHNOM PENH 00000212  001.2 OF 002 
 
 
SENSITIVE BUT UNCLASSIFIED.  NOT FOR INTERNET DISTRIBUTION. 
 
¶1. (SBU) Summary.  The first substantive hearings of the 
Khmer Rouge Tribunal got off to a smooth start March 30 with 
the reading of charges against S-21 torture center director 
Eang Geuk Eav, known as Duch.  The Ambassador and Emboff 
joined 500 spectators in the auditorium looking into the 
ultra-modern courtroom of the Extraordinary Chambers in the 
Courts of Cambodia (ECCC) to witness the historic proceeding 
which is expected to last until July.  A Cambodian clerk of 
the court read out the charges against Duch and the litany of 
horrific activities he is alleged to have committed in an 
hours-long opening session.  Deputy Prime Minister Sok An 
later told the Ambassador that more than 400 news outlets 
covered this first substantive session, producing reports 
that Sok An deemed better than past accounts.  Duch,s 
emotional expression of remorse on day two captured Cambodian 
press headlines.  The Co-Prosecutors made strong opening 
statements in favor of conviction while undercutting the 
defendant,s stated regret and also urged consideration of 
the "joint criminal enterprise" theory that will apply to the 
additional four accused Khmer Rouge leaders.  Cambodian press 
coverage to date is thorough, uncensored and includes 
commentary on what constitutes a proper sentence for Duch's 
alleged crimes against humanity.  In these opening days of 
the first KRT trial, not only is Justice being done, but is 
being seen to be done in Cambodia.  End Summary. 
¶2. (U) Duch is the first to be tried of five former Khmer 
Rouge (KR) leaders facing prosecution by the ECCC for their 
role in the atrocities committed under the KR regime.  On 
March 30, the court spent three hours to read out the factual 
analysis of the allegations against Duch.  He stands accused 
of crimes against humanity, grave breaches of the Geneva 
Convention of 1949, and premeditated murder and torture in 
violation of Cambodia's 1956 Penal Code, for  actions 
committed from April 18, 1975 to January 6, 1979. 
¶3. (U) Over five hundred observers packed the court room, 
with local and international press numbering in the hundreds, 
to witness the historic event and view first hand the trial 
of the man accused of being responsible, both directly and 
indirectly, for the deaths of at least 12,380 men, women, and 
children.  While the court described the initial target of 
the KR's campaign to be the former regime and enemies of the 
revolution, by March 30, 1976 the notion of who was an enemy 
evolved to look for enemies within.  As the armed conflict 
with Vietnam escalated, so too did the number of Vietnamese 
civilians and prisoners of war arriving at S-21, as well as 
those alleged to be aligned with them.  The majority of the 
victims were KR cadre, but also included their family 
members, officials and supporters of the former regime, 
minority groups (such as the Cham), S-21 staff, several 
foreigners (including Americans), and at least four hundred 
Vietnamese civilians and prisoners of war. 
¶4. (U) The matter-of-fact manner in which the court read out 
the details of the alleged activities to support the charges 
was in sharp contrast to the horrific and at times gruesome 
nature of the activities described.  The statement outlined 
the creation and operation of S-21 and its sister 
re-education site S-24; the chain of command linking the 
management of S-21 with the top leadership and policies of 
the KR regime; the routine and barbaric use of torture to 
extract confessions to implicate other real or perceived 
enemies of the regime and for use as revolutionary 
propaganda; and the mass executions which took place at the 
Choeung Ek killing field. 
¶5. (U) Following the conclusion of the factual analysis in 
the indictment, Duch's attorney, Francois Roux, requested the 
court to read out ten additional paragraphs contained in the 
factual analysis, arguing that these paragraphs contained 
exculpatory evidence and should be included with the 
inculpatory information or risk denying a fair trial.  The 
court rejected the Defense Counsel's request stating that the 
timing was not appropriate to present evidence concerning the 
character of the accused.  Rather, a separate opportunity to 
discuss the matter concerning Duch's character would be 
available later in the trial's proceedings.  The President of 
the court then granted a request by the Co-Prosecutors to 
postpone their opening statement until the following morning, 
given the insufficiency of the remaining time. 
 
PHNOM PENH 00000212  002.2 OF 002 
 
 
¶6. (SBU) During their opening statement on the second day of 
proceedings, the Co-Prosecutors painted Duch as a 
remorseless, brutal, and committed killer.  They also argued 
for the court to allow Duch to be charged under the theory of 
"joint criminal enterprise," which would have significant 
consequences for the subsequent prosecution of the four other 
former KR leaders.  According to the official schedule of the 
trial, following the prosecution,s statement, the Defense 
Counsel would be afforded an opportunity to respond. 
However, rather than rebutting the prosecution,s case 
against him, Duch himself first addressed the court.  While 
all the while asserting that he was following the orders of 
his superiors in the Cambodian Communist Party (or Angkar), 
Duch expressed deep remorse and shame at his role in carrying 
out the crimes.  In a half-hour address to the court, Duch 
accepted responsibly for his involvement in the torture and 
deaths of thousands, and delivered a lengthy apology to his 
victims and their family members. 
¶7. (SBU) Comment:  The trial of the torture center chief 
should be the most straightforward of the KR prosecutions, 
given that Duch has admitted to many of the allegations 
against him, although asserting that he was only following 
orders from above.  However, due to the complexities of the 
case, one in which there are 93 civil parties (represented by 
15 attorneys), the trial is expected to last until early 
July.  The court demonstrated its ability to manage the flow 
of the proceedings in rejecting the Defense's untimely 
request.  A lengthy commentary in Khmer language daily Koh 
Santepheap on April 1 discussed the Cambodian law, the 
prohibition against the death penalty, and whether Duch,s 
remorse should affect his sentencing.  This is but one 
example of the heavy coverage in Khmer-language press, 
illustrating that Justice is being seen to be done at the 
ECCC by many Cambodians.  End Comment. 
RODLEY