VZCZCXRO1149
RR RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHPF #0712 2650845
ZNR UUUUU ZZH
R 220845Z SEP 09
FM AMEMBASSY PHNOM PENH
TO RUEHC/SECSTATE WASHDC 1204
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS PHNOM PENH 000712 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, 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 20 
 
REF: PHNOM PENH 682 AND PREVIOUS 
 
¶1. (SBU) SUMMARY:  Embassy staff routinely observes the proceedings 
of the trial against the notorious Khmer Rouge (KR) torture center 
head, widely known as Duch, at the Extraordinary Chambers in the 
Courts of Cambodia (ECCC) (Reftel).  This report summarizes the 20th 
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. 
 
Acceptance of Guilt, Reconciliation, and Final Testimony 
--------------------------------------------- ------- 
 
¶2. (SBU) Civil parties ended their boycott and returned to the court 
this week along with hundreds of others to see Duch take the stand 
one final time for questioning.  Expert witnesses also testified 
about Democratic Kampuchea and the importance of accepting guilt 
before an international criminal tribunal and its positive effect on 
national reconciliation.  This week's defense witness testimony 
marked the end of the evidence phase in the Duch trial, which 
commenced on March 30, 2009.  Since that time, the trial chamber has 
heard the testimony of nine expert witnesses, seventeen fact 
witnesses, seven character witnesses, and twenty-two civil parties. 
An average of 330 people observed the trial each day for a total of 
23,742 visitors.  Closing arguments will be heard on November 23 and 
are estimated to last for three days. 
 
¶3. (SBU) Herewith are observation notes for the week beginning 
September 14, 2009: 
 
September 14, 2009:  The audience consisted of approximately 500 
villagers from different provinces, 100 law school students, and 100 
international observers.  The law students in particular were 
impressed by the professionalism of the court compared to Cambodia's 
current national judicial system. 
 
The tribunal heard the testimony of Richard Goldstone, an expert on 
international justice and human rights, via video conference from 
the U.S.  Mr. Goldstone stated that an acceptance of responsibility 
on behalf of the accused is important because it can often serve the 
interests of victims and of society by bringing closure and 
establishing the historical truth.  In the afternoon, Raoul Marc 
Jennar testified about Democratic Kampuchea and asserted that Duch 
was at the same time a perpetrator and a victim of the regime's 
irrational paranoia.  Civil parties were allowed 20 minutes for 
cross and direct examination and together with the prosecution, 
contended that Duch killed to keep power and not to avoid being 
killed himself. 
 
September 16, 2009: The audience was full in the morning, but 
thinned out towards afternoon due to travel times from the 
provinces. 
 
Today marked the final day of questioning.  Defense lawyers 
questioned Duch about his character and focused on his apology to 
victims, remorse for past "brutal acts," and acknowledgment of 
guilt.  Conversely, the prosecution sought to portray Duch as a 
loyal, willing, and proud member of the Khmer Rouge up until his 
arrest in 1999. 
 
Duch often stated he did not understand the questions posed by the 
prosecution, which once again highlighted issues with the quality of 
translation.  The defense also indicated that it had identified 
inaccuracies in the translation of several confessions during the 
trial, and objected to the prosecution's request to submit 
additional such documents. 
 
September 17, 2009: There were several hundred people in the viewing 
gallery, with many spilling downstairs into the area with a live 
television feed.  Most of the audience traveled from the provinces 
of Kampong Thom and Prey Veng.  The audience was respectful, but 
questioning whispers often escaped, such as "who was the big fish 
behind these atrocities?" and "If we kill Duch in retaliation, we 
still would not have our relatives back, so let the court decide." 
 
The court adjourned after the morning session, which consisted of 
additional requests for submissions of documents from the defense 
and civil parties.  It will reconvene for closing arguments on 
November 23. 
 
RODLEY