VZCZCXRO5465
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0513 2050946
ZNR UUUUU ZZH
R 240946Z JUL 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 0975
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS PHNOM PENH 000513 
 
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:  The Trial of S-21 
Interrogation Center Head Kaing Guek Eav, Week 13 
 
REF: PHNOM PENH 497 AND PREVIOUS 
 
¶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 thirteenth 
week of activities inside the court at the Khmer Rouge Tribunal. 
More technical accounts of the proceedings can be found at: 
www.csdcambodia.org; www.kidcambodia.org and at 
http://socrates.berkeley.edu/~warcrime/. END SUMMARY. 
 
¶2.  (SBU) There seemed to be increased focus on the observers this 
week, with the ECCC representatives taking extra time to explain the 
court process to the audience.  Translation also improved, with 
observers noting smooth translation and few instances of confusion. 
The majority of the week was dedicated to questioning witnesses who 
were staff members at S-21.  The Trial Chamber again this week 
interrupted testimony in order to hold private discussions on the 
issue of self-incrimination.  As a result, Judge Nil Nonn repeated 
his instruction to the defense to cease warning witnesses that they 
risk prosecution (the witness is provided with his or her rights 
prior to testimony, and the judges reinforce this as well). 
Testimony was also suspended when both the prosecution and civil 
party lawyers made requests to the court regarding procedures for 
questioning witnesses.  The prosecution requested that the court not 
question Duch in the middle of witness testimony because such a 
process would allow for the accused to intimidate the witness.  The 
civil party lawyers again brought up the issue of time (civil party 
groups are given 20 minutes each to question the witness), 
requesting that they be allowed to submit additional questions to 
the judges should they run out of time.  Decisions on both requests 
will be issued next week. 
 
¶3.  (SBU) Herewith are observation notes for the week beginning July 
20, 2009: 
 
Monday, July 20:  There were approximately 400 people observing 
today's trial.  Most were Cambodian and university-aged, with only 
15-20 people from the Khmer Rouge era.  The audience was generally 
attentive and passive.  Some males were overheard commenting on 
testimony.  The proceedings ran relatively smoothly and lawyers 
adhered to the time limits.  However, there were some repetitive 
questions to which the judges objected. 
 
Today's witness was Him Huy, a former prison guard at S-21.  The 
line of questioning sought to determine his knowledge of the alleged 
crimes, the nature of the crimes, his participation, and from whom 
orders originated.  Him Huy indicated that Duch made all of the 
decisions and that the entire staff obeyed him without question, 
stating that one mistake would have cost him his life.  When given 
the opportunity to respond, Duch accepted responsibility by stating 
that all of Him Huy's crimes resulted from following Duch's orders. 
 
During witness testimony, Duch was very respectful and focused, 
staring intently at the witness as he spoke, with occasional long 
glances into the audience of students.  The only sign of visible 
reaction during the proceedings occurred when the witness wept while 
professing his present-day fear of Duch.  Duch nodded while staring 
at the witness as he spoke, and the witness subsequently drooped his 
shoulders and directed his stare downwards. 
 
Tuesday, July 21:  There were approximately 300 observers, mainly 
Cambodian, in court today.  The audience remained quiet throughout 
the proceedings, although there was an audible reaction when the 
witness described the killing of an infant.  The translators did a 
fairly good job and were able to keep up with the proceedings.  The 
Khmer judges asked repetitive questions throughout the session. 
 
Prak Khan, a former interrogator at S-21 who has given at least four 
interviews over the years, provided testimony which described Duch 
as a willing teacher of torture.  Mr. Khan stated that in staff 
study sessions, Duch detailed non-lethal torture methods of force 
feeding of human excrement, whips, electric shocks, needles under 
fingers, and partial suffocation.  At one point during the 
questioning the French judge asked Duch to stand up and then asked 
the witness if Duch is the man he took orders from at the prison. 
After a long pause the man very quickly looked at Duch and said yes 
before returning his eyes to the floor, just as they had been the 
entire time.  During the 8 hours of questioning, the witness had not 
looked at Duch once, until that incident.  It was obvious to this 
observer that Duch still elicited strong and fearful emotions from 
the witness. 
 
Rodley