VZCZCXRO5279
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0412/01 1730056
ZNR UUUUU ZZH
R 220056Z JUN 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 0844
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 02 PHNOM PENH 000412 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, P, D, DRL, S/WCI 
 
E.O. 12958:  N/A 
TAGS: PGOV PHUM KJUS PREL EAID CB
SUBJECT:  Khmer Rouge Tribunal: A Day in the Trial of S-21 
Interrogation Center Head Kaing Guek Eav, edition II 
 
REF: PHNOM PENH 395 
 
PHNOM PENH 00000412  001.2 OF 002 
 
 
¶1.  (SBU) SUMMARY: Embassy staff routinely observes the proceedings 
of the trial against the notorious Khmer Rouge torture center head, 
widely known as Duch, at the Extraordinary Chambers in the Courts of 
Cambodia (ECCC) (Reftel).  This report summarizes the ninth week of 
activities inside the court at the Khmer Rouge Tribunal.  For more 
technical accounts of the proceedings, the KRT Trial Monitor has 
weekly reports.  Soft copies of KRT Trial Monitor reports may be 
downloaded from www.csdcambodia.org; www.kidcambodia.org and at 
http://socrates.berkeley.edu/~warcrime/.  END SUMMARY. 
 
¶2.  (SBU) Herewith are observation notes for the week of June 
15-17. 
 
Monday, June 15: Trial Chamber President Nil Nonn opened the session 
at 9:15 (late due to technical issues with the audio-visual system) 
and announced that the court had ruled that Duch's detention by the 
Cambodian Military Court from 1999-2007 was unlawful and a violation 
of his rights.  The Court denied the defense's request to release 
Duch immediately but explained that should he be released following 
his trial, he would be free to seek restitution for his unlawful 
detention.  Should he be convicted, he would receive credit for time 
served under Military Court detention.  There was no noticeable 
reaction to this announcement in the audience or in the Chamber. 
 
Judge Silvia Cartwright outlined the decisions made in a closed 
trial management meeting held on June 11.  She said that in an 
effort to expedite the trial proceedings, the Chamber would assign 
speaking times to parties.  She gave an example of witness 
questioning, where the prosecution would be given 30 minutes for 
questions, 40 minutes for the defense, and 40 minutes for all the 
civil party representatives combined.  She suggested that the civil 
party representatives nominate one Cambodian and one international 
lawyer to represent all four civil party groups in these instances. 
She added that the Chamber would consider adding one day per month 
with no trial proceedings in order to allow more time for 
preparation, deliberation, drafting of submissions and opinions, and 
management issues.  Judge Cartwright noted civil party lawyers' 
concerns about working conditions, lack of funding, and their 
availability should the trial extend beyond August.  She said the 
Chamber had determined that the first two concerns were out of the 
jurisdiction of the Tribunal; in regards to the last concern 
regarding civil party lawyer availability, Judge Cartwright stated 
that if the trial extends beyond August, the Chamber would liaise 
with the Victims Unit to ensure continuity in the civil parties' 
participation. 
 
Following the afternoon break, Alain Werner spoke on behalf of the 
civil parties regarding a Chamber request to reduce the number of 
hours required for civil party testimony.  He said that the civil 
parties had negotiated amongst themselves to reduce their required 
time from 60 hours to 37 hours.  He said that the civil parties 
would unlikely be able to reduce this time further.  Judge 
Cartwright replied that the Chamber would consider the civil 
parties' efforts and would later rule on whether 37 hours would be 
acceptable. 
 
Duch testified on arrest procedures and detention conditions at S-21 
for the remainder of the morning and afternoon sessions.  He 
explained that arrests were conducted in secret at the orders of 
the S-21 standing committee or the upper echelons of KR leadership. 
When an individual was arrested, his/her spouse and children were 
typically detained as well.  Duch said that children were usually 
separated from their mothers and killed immediately. 
 
Judges Cartwright and Lavergne questioned Duch on the makeup of the 
prisoners at S-21, the conditions of their detention, and the degree 
to which Duch knew about those conditions.  Judge Cartwright listed 
a range of nationalities reportedly detained in the prison.  Duch 
could not confirm all of them.  He spent a few minutes describing 
the Muslim Khmer who were detained, during which a group of 
Cham/Cambodian Muslim audience members visibly leaned forward to pay 
closer attention. 
 
Tuesday, June 16:  President Nil Nonn opened the session with an 
announcement that the day's hearing would address the issue of 
torture and torture methods at S-21 and Choeung Ek.  President Nonn 
also made an announcement regarding time for the Prosecution, Civil 
Party, and Defense to submit questions, allowing 3 hours for the 
Prosecution, 3 hours for the Civil Party, and 4 hours for the 
Defense.  The Prosecution appealed, saying more time was needed to 
address documentation.  The judges denied the prosecution their 
request for more time, explaining that the time allocation was made 
specifically to expedite the trial process. 
 
The Defense objected, saying that "Even when [one is] accused [one] 
is guaranteed a fair defense.  This is not a challenge or a 
criticism of the judges' decision; however, the Defense would like 
 
PHNOM PENH 00000412  002 OF 002 
 
 
to note its reservation against the imbalance of time allotted." 
[The judges allotted the Prosecution and Civil Party 3 hours each 
and the Defense 4 hours. The Defense felt it deserved equal hours 
combined, that is 3 + 3 hours of the Prosecution and the Civil 
Party.]  Discussion ensued between the Prosecution, Civil Party, and 
the Defense regarding the distinct role of each party.  Discussion 
ended when President Nonn said the chamber "will not allow anymore 
discussion on the matter," and announced it was time for questioning 
regarding S-21. 
 
Approximately 150 people were in attendance, with 75% of the 
attendees Cambodian citizens (a large population of Cham Muslims, 
mostly men, attended the morning session) while the remaining 25% of 
the attendees were foreigners.  All eyes were on the Accused when 
President Nonn asked him to "describe S-21 and elaborate on the 
torture methods and management of the prison."  Duch detailed the 
four torture methods he allowed his cadres to follow, which called 
for: (1) Beating detainees with lashes of the whip; (2) 
Electrocution by hand-telephone; (3) Water treatment to nostrils 
[pouring water into the nostrils]; and (4) The use of plastic bags 
to make detainees feel as if they were suffocating.  President Nonn 
asked the Accused if teachers and professors were tortured. At this 
point in time, the Accused became emotional and began to cry, 
stopping when the President asked him to collect himself. 
 
During the afternoon session, attendance had dropped to 
approximately 50, 20 of whom were foreigners.  Judge Lavergne and 
Judge Cartwright questioned the Accused on torture methods applied 
to women, children, and detainees in general.  The Accused confirmed 
that medical experimentation took place at S-21 and that 
approximately 100 people had died from blood drainage, during which 
blood was removed from their bodies completely while they were alive 
- for transfusion to wounded Khmer Rouge soldiers. In addition, the 
Accused confirmed that there was no policy to prevent children from 
being tortured. "Not even children were spared," he said. 
 
Wednesday, June 17:  There were approximately 100 people in 
attendance, including what appeared to be a tour group of foreign 
tourists who left as a group one hour into the morning session.  The 
judges resumed their questioning regarding torture and executions at 
S-21 and Choeung Ek.  Some of the questioning seemed to be a repeat 
of previous days, with Duch beginning many statements with "as I 
already told the court."  Duch maintained he made a point to not be 
present at interrogations or executions, but knew there were three 
main areas where executions took place:  1) Takhmao psychiatric 
hospital 2) areas immediately surrounding S-21 and 3) Choeung Ek. 
When asked if he taught the execution methods, Duch replied that he 
"didn't need to teach crocodiles how to swim."  Duch said he only 
visited Choeung Ek one time.  He admitted to there being five mass 
killings in which up to 100 people were killed and buried in mass 
graves in order to clear "backlog" and prevent overcrowding. 
However, he seemed to get confused over the dates of the mass 
killings and the reasons behind them. 
 
Judge Lavergne began and ended the afternoon session along the same 
line of questioning.  When asked about the final mass killing 
ordered prior to the Vietnamese soldiers' arrival, Duch replied he 
was not given any indication that the Vietnamese were close, but 
thought at the time that it was another routine procedure in 
preparation for an influx of prisoners.  He therefore followed 
orders to empty S-21 and send all prisoners to Choeung Ek.  However, 
he did not think the orders included those such as the artists, 
mechanics, and dentists who were trusted to serve S-21.  Duch said 
he left them behind out of haste and not mercy or clemency when the 
Vietnamese approached.  Duch ended his testimony for the day by 
stating that he was accountable for the death of 12,380 individuals 
killed at Tuol Sleng, "more responsible than those who actually 
killed."  He also stated he is "emotionally responsible for the 
millions who were killed, and will be forever." 
 
During the testimony, Duch looked tired and seemed to be emotional 
during some of his responses.  When responding, he looked to the 
cameras.  He was well prepared, and easily rattled off document 
numbers and quickly found passages from reports submitted as 
evidence.  The defense counsel pointed out errors in the translation 
twice during the day.  The defense counselors also seemed frustrated 
by the repetitive nature of the questioning.  At one point, the 
translator had to ask President Nonn to slow down because he was not 
catching all of the information.  Chum Mey, one of the survivors of 
Tuol Sleng, was present throughout the proceedings.  Neither he nor 
the audience visibly reacted to Duch's responses.  June 18 is a 
Cambodian holiday, therefore the trial will resume Monday, June 22. 
 
Rodley