Duch gets 35 years sentenced! But Who Care?

By Kolbotkhmer

Originally posted at: The Son of the Khmer Empire

When we heard the plan of Khmer Rouge trial discussed in 1997, most of us were happy and wished all those criminals brought to face
justice for their crimes committed against humanity as soon as possible. But we are made to wait and then we are disappointed, may be forever.

On 26 July 2010, Duch one of the five members to be tried by the ECC, got his sentence of 35 years and its subsequent reduction to 19 years for his cooperation with the ECCC. With this punishment, the world start to blow the horn, congratulate the trial, and laud the justice the Cambodians deserve. However, back to Cambodia, some say they are satisfied with the trial while many others say they are really disappointed with it.

So what about me? PERSONALLY, I NEVER SUPPORT THE ECCC’s STRUCTURE SINCE IT IS FORMED AND THE KR TRIAL PROCESS. So Duch's punishment is meaningless. Why? The reasons are:

• The Khmer Rouge trial is just a SHOW of justice. Because the judges´ majority are Cambodians who are politically affiliated to the CPP. And they are strongly controlled by Hun Sen. Least-ways Cambodian people have trusted the Cambodia justice system or judges.
• The process of bringing the regime’s leaders to court has suffered years of procedural delays causing by the CPP government, and no major figures have yet stood trial. The process to reach the KR trial was initiated on 18 June 1997, but came into existence in 2003 and has its first trial against one of the KR´s leaders in 2009. And more importantly, it cost so much money while Cambodia need more finances to sustain democracy, education, and employment.
• The trial starts from the low to the top. The trial tried Duch who is just one of the thousand chiefs of KR’s prisons while many others are free and working for CPP govt. And most importantly, I think that before those higher leaders get their turns, they might have died and the justice will be left unachieved.
• Many key leaders of the KR are still free and even lead Cambodia today like Hun Sen, Chea Sim, Heng Samrin, Hor Namhong, and Damdech Ta Norodom Sihanouk. Most of them have been accused of involving in the KR regime and committing the crimes. And they should be brought to justice in order to clear out all the accusations, too. They should not be exempted because, “None is above the law”, according to our National Constitution.
• China and Vietnam are the two countries which camouflaged behind the killing field in Cambodia. These two countries should be included in the candidates for the KR trail for their support of the KR’s movement and regime. Without these two countries´s bloody politics towards Cambodia, the killing fields would never have happened or the trial would never have been prolonged to that long. The processes of the trial have suffered many years of delays because of these two countries´ indisputably continual interference. The Vietnamese government influences the delay through its today puppet government in Phnom Penh led by the former KR´s leaders Hun Sen, Chea Sim and Heng Samrin and China influences the delay throught Samdech Ta, the former King of Cambodia, preah Bat Norodom Sihanouk, who is the supporter of only one Chinese policy. These two countries have persistently interfered the trial of the KR´s leaders being afraid of their past involvement with the regime taken into accountability and responsibility.
• The UN-backed court, Extraordinary Chambers in the Courts of Cambodia (ECCC), is so infamous with corruption and political interference from the CPP government.
• The trial will serve as a key to boost the political image of the dictatorial ruling CPP and the legitimate invasion of Vietnam over Cambodia since the 1979 which are against the spirit of the majority of Cambodians who have been democratically fighting for true justice, democracy, and real independence for the country.

However, I would accept the trial of KR if :

• All of KR´s leaders are brought to trial without exemption.
• China and Vietnam are included to hold accountable for the killing field just like the KR´s leaders in Cambodia.
• The trial are processed and tried under the independent International Court body, not the one like ECCC.

Otherwise, the trauma of KR will continue to haunt our thought and soul for justice is believed unachievable through this ECCC’s structure and the trial of only those five KR’s leaders.