Wednesday, September 8, 2010

The Law

E.C.C.C.

Our visit to the Extraordinary Chambers in the Courts of Cambodia (E.C.C.C.) was interesting. We met with the director of public affairs who spoke to us about the trial - the first of five people who are being accused of war crimes against humanity. The verdict of Duch – former commandant of S-21 who is being charged for the deaths of over 14,000 people – was revealed on the 27th of July. This trial was backed by the United Nations and therefore has 2 of everything (2 judges, 2 prosecutors, 2 attorneys – a Cambodian attorney as well as an attorney from the UN). The UN has stepped in because of the allegations of corruption and political influences by the government. In his testimony, Duch stated that he was simply taking orders from the top Khmer Rouge leadership because he feared for his life.


Here is what he looks like today on the front page of the Phnom Phen Post. Duch got 35 years. The Cambodians were not happy, as you can imagine. When we asked the director what his feeling were he responded by saying that initially he was angry, but now wants them to live longer so they can relive their experiences and suffer like all the Cambodians did from 1975-1979. His reaction was interesting and certainly gave me insight into looking at "justice" for such a horrific period from a different lens - not one of anger and revenge but of acceptance and peace.



This is the Verdict Book (published in Khmer, French and English) which was sent to all 24 provinces in Cambodia and to the last three survivors of S-21. I had the opportunity to foil through it in between field visits and lunch. Let me share some “highlights” or phrases that shocked/disturbed me … First, human beings were referred to as “elements” and there were allegations that some foreign nationals were burned alive. The method of execution was pretty detailed and methodical. "Elements" were struck with a metal bar at the base of the neck; next their stomach or throats were slit and photos were taken thus documenting and proving the prisoners' death to the proper authorities; their bodies were then thrown into a pit. Another portion of this document elaborated on the mistreatment and death of 100 detainees from the S-21 medical unit who died after having blood completely drawn for transfusion for RAK soldiers wounded during conflict with the Vietnamese. Again, "elements" were made to lie on their back; hand cuffs would be removed; legs were shackled; then they were blindfolded and a needle was inserted into their veins until they died. (Gasp!) Again, the cold methodical way of documenting this was sobering. What was I to expect though, a flowery fable? It’s a documented court case with facts and was the harsh reality of what went on at S-21 - this happened while I was a carefree elementary school student. (big sigh)

Attorney Theary Seng

Later that day, we visited Attorney Theary Seng, also a survivor and my age! She knows that she was born in 1971 but doesn’t have the exact date as the data base was destroyed by the Khmer Rouge; her parents were also both killed. Because her father was a Commander in the military, he was killed immediately. Both she and her mother fled to the border of Vietnam where they moved in with her paternal grandparents. After some time, she and her mom were imprisoned – 30,000 people died, leaving only the children to survive. She was seven the last time she saw her mom, in this prison, whose last words to Theary were “go back to sleep, my child.” Theary woke up without her mother beside her. In time she came to the U.S. where she obtained her education and law degree from Michigan State. Her tenacious drive to become a lawyer came from "wanting to be articulate."


Here she is with Manisha, sporting her stylish "krama." During the course of speaking openly and sincerely to our group, I jotted down the following quotes as they were quite insightful, profound, prophetic and inspiring: “I didn’t go to America as an intellectual student but as a broken refugee starting at the bottom of the socio-economic level.” “Obstacles became opportunities for me.” “35 years ago this past April, I was a 4 years-old when the Khmer Rouge had taken over. This past April, I’m at the Four Seasons Hotel with government officials at a conference in Jakarta." “Forgiveness is a process; forgiveness is a journey.” In regard to justice and forgiveness for those who committed such horrific crimes to her family members and the entire Cambodian population, Theary stated that justice and forgiveness are journeys. “Forgiveness is a horizontal journey; justice in a vertical journey.”

She was amazing to listen to and is beautiful, inside and out; her energy felt powerful yet modest. Check out her website at http://www.cjr-cambodia.org/leadership.html She is the founder of the Center for Justice and Reconciliation.