Pol Pot's Khmer R: "Not a Clear-Cut Murder Case"
Defending Pol Pot's Khmer Rouge: "Not a Clear-Cut Murder Case"
BANGKOK,
Thailand -- An international trial starts next week in
Cambodia, against five of Pol Pot's Khmer Rouge, but the
British head of the Defense Support Section warns "it is not
a clear-cut murder case" despite skeletons in mass graves
and survivors who describe torture and executions.
"The prosecution will say that the Khmer Rouge evacuated
people from the cities, as part of a master plan to imprison
them. There is another theory that will say they evacuated
them to protect them from the American bombing, which had
been going on for many, many years," Richard J. Rogers said
in an interview on Wednesday (February 11).
Mr.
Rogers is Officer-in-Charge of the Defense Support Section
at the Extraordinary Chambers in the Courts of Cambodia,
which is the U.N.-backed international trial against five
former Khmer Rouge officials.
Mr. Rogers said he
"put together a team of varied and very competent defense
lawyers" for the trial, which begins on February 17 on the
outskirts of Cambodia's capital, Phnom Penh.
When Pol
Pot's Khmer Rouge guerrillas toppled Cambodia's U.S.-backed
regime in 1975, Pol Pot suddenly forced all Phnom Penh
residents at gun-point into the jungle, where many perished
after they were enslaved, tortured, starved, or executed.
"With the starvation, a lot of people with the
prosecution might say that the Khmer Rouge intentionally
starved people, or was negligent," Mr. Rogers said.
"One alternative theory is that there simply wasn't enough
food around, because of the five-year civil war before the
Khmer Rouge took power.
"There are plenty of
alternative theories to most of the allegations. For
example, the mass graves. We don't know that they were
killed under the Khmer Rouge," the U.N.'s Defense Support
officer said.
In 1998, American investigator Craig
Etcheson said in an interview he found nearly 10,000 mass
graves "dating from the Khmer Rouge era, containing an
estimated 500,000 victims of execution," which could be used
as evidence.
"They could have been killed by the
American bombing," Mr. Rogers said.
"None of them
have been properly excavated. The numbers in the mass graves
have been estimated. There aren't accurate numbers. So it is
very difficult to tell exactly what happened."
An
estimated 1.7 million Cambodians died under the Khmer
Rouge's leadership, which was ousted by Vietnam's 1979
invasion.
In January 1979, the Vietnam News Agency
said the Khmer Rouge murdered Cambodians "with hammers,
knives, sticks and hoes, like killing wee insects."
Mr. Rogers said the Khmer Rouge's "killing and
torture" is "accepted by most people," so defense lawyers
will focus their strategy elsewhere.
"Most people
condemn all those [five Khmer Rouge] that are in custody at
the moment, and I think the evidence is much less clear than
that.
"For example, the regional leaders used a lot
of their discretion, or disobeyed orders, and a lot of the
crimes were committed in the regions.
"One thing we
do know is that the leaders spent most of their time in
Phnom Penh, they weren't out in the fields knocking people
on the head and shooting them. That simply didn't happen,"
he said.
"It is not a clear-cut murder case."
One of the accused, Khieu Samphan, enjoys support
from French lawyer Jacques Verges, who defended several
infamous criminals, including a beautiful Algerian bomber
who killed French military officers in the 1950s, and who
Mr. Verges later married.
Mr. Verges also defended
"Carlos the Jackal" who led a 1975 assault on OPEC in
Vienna, and Nazi war criminal Klaus Barbie, known as "The
Butcher of Lyon," in 1987.
Mr. Verges did not win
those cases.
"I think Jacques Verges is an excellent
lawyer," Mr. Rogers said.
"He's done amazing work in
the past, and I'm sure he's going to do a great job
defending Khieu Samphan."
Former Khmer Rouge head of
state Khieu Samphan, and Mr. Verges, 83, became friends in
the early 1950s when several Khmer Rouge, including Pol Pot,
were scholarship students in Paris.
Another accused,
Kaing Guek Eav commonly known as Duch, has confessed and
repented.
Duch, 65, is expected to reveal horrific
details about how he ran the S-21 Tuol Sleng torture
chambers in Phnom Penh, which sent at least 16,000 people to
their death.
Pol Pot died in 1998. But others on
trial include his so-called "Brother Number 2" ideologue
Nuon Chea, plus former Khmer Rouge foreign minister Ieng
Sary, and his wife Ieng Thirith, who was "social affairs"
minister.
Mr. Rogers expects the trial to be
complicated.
"I run the Defense Support Section,
which fits together the defense team, supports them legally
with logistics and administration, and runs the legal aid
system. We help ensure fair trials for the accused."
Prosecutors will insist the five Khmer Rouge were
responsible.
"This is something the prosecution are
very keen on, because it means that it is far easier to
convict. That is, when a group of people make a decision to
carry out certain acts for a criminal purpose, and then they
could be held liable for all the acts that were done in
furtherance of that purpose.
"The prosecution have
charged 'joint criminal enterprise' in their introductory
submission," he said.
On February 17, the trial
opens with a scrutiny of the witness list, and confirmation
that everything is ready. A date will be set for testimony,
probably in March.
Cambodia no longer metes out the
death penalty, so maximum punishment would be life
imprisonment.
*****
Richard S Ehrlich is a Bangkok-based journalist who has reported news from Asia since 1978. He is co-author of "Hello My Big Big Honey!", a non-fiction book of investigative journalism, and his web page is http://www.geocities.com/asia_correspondent