Duch Pre-Trial Hearing:

Forty-one Community and Religious Leaders
Continue their Participation in the ECCC

Under the Living Documents Project

By Thea Clay

After more than a week of deliberations, the Extraordinary Chambers in the Courts of Cambodia (ECCC) reconvened on Monday, 3 December 2007 to announce their decision on Kaing Guek Eav’s (alias Duch) appeal of the Co-Investigating Judges’ Order for Provisional Detention. The Living Documents Team, led by Sok-Kheang Ly, brought 41 commune and village chiefs and religious leaders to the ECCC to observe the proceedings. The Film Team recorded the event for broadcast on the Cambodia Tribunal Monitor website (www.cambodiatribunalmonitor.org).

On the morning of the hearing, the participants met in DC-Cam’s office. All of them had previously participated in DC-Cam projects and many had also attended the initial pre-trial hearing held on 19-20 November 2007.

The Living Documents Team met with the participants before the hearing to answer any questions they had and interview them. Pich Kalyan of Kandal province said it was important to visit the Tribunal “to see what a real court looks like.” Ms. Pich is a participant in DC-Cam’s Victims of Torture Project and was imprisoned at Kok Sang during Democratic Kampuchea. She had followed the 20 November hearing and was angry to see “Duch sitting there smiling.”

Oknha Khnour Kaitoam of Kampong Chhnang province  came to witness the hearing so he could then tell his community about the court’s decision. He described his expectations about the court’s pending ruling: “It’s up to the court; they have the power to do what they want.” He added that personally, he didn’t want Duch to be released because of what he did to prisoners at S-21.

Generally, the mood was optimistic before the 2 p.m. hearing began. However, some members of the group expressed trepidation at the idea Duch might be released and that justice for the victims of the Khmer Rouge regime would be postponed again.

At the ECCC, the public viewing room was filled with press, members of the NGO and diplomatic communities, and various other groups. The Living Documents participants were seated in the front rows of the room. A majority of the professional media outlets focused their cameras on the DC-Cam group and filmed their reactions throughout the proceedings. 

The hearing began with the entrance of Duch and a reading of the charges and the purpose of the hearing. The Court, noting the high level of public interest in Duch’s case, announced that the ruling would be written in language understandable to all. Chief Judge Prak Kimsan then read the complete ruling; explaining the panel’s rationale and opinion on each issue raised in the first pre-trial hearing. The translation services had improved, although some portions of the ruling were not available in English. The participants listened closely to each point detailed over the 60-minute hearing.

After each point of contention had been addressed, Chief Judge Prak Kimsan announced the decision: the Pre-Trial Chambers Judges had voted unanimously to affirm the Order of the Co-Investigating Judges and dismissed Duch’s appeal. Duch was quickly escorted back to the ECCC detention facility before the courtroom emptied. Several of the Living Documents participants were interviewed by the media and expressed their general satisfaction with the decision.

Ker Math of Kampong Chhnang province stated that he had been waiting to hear the court’s decision before he fully believed the ECCC could bring justice to Cambodia. “If the court released Duch I would have lost faith. I wouldn’t have followed the Tribunal any more,” he said. “I can believe in it now.” He added that he was concerned about Duch’s request for compensation for his previous detention by a military court. This was the only issue not resolved by the Pre-Trial Chambers.

Farina So, team leader of the Cham Muslim Oral History Project, conducted exit interviews for DC-Cam and documented the participants’ reactions. All of those interviewed expressed satisfaction with the ECCC’s decision. Many communicated that they would have lost confidence in the Tribunal’s ability to find justice for the victims of the Khmer Rouge if the ruling had been different.