Tuesday, January 19, 2010

The Long Road to Justice - A post from DC-Cam director Youk Chang

The Long Road to Justice

13 Years of Working To Ensure That the Khmer Rouge Trials Belong to You


By Youk Chhang

During the Khmer Rouge period from April 17, 1975 to January 7, 1979, Cambodians walked constantly. They walked from the cities to the countryside, from their villages to distant provinces, and from the rice fields to the battlefields. After January 7, 1979 the survivors of our country's genocide walked again; this time back to their homes.

In 1997, Cambodians began another journey; the journey to seek justice for crimes committed by the Khmer Rouge. And today, 31 years after the Khmer Rouge regime fell we are taking a giant step along the road to justice.

On February 6, 2006 the Extraordinary Chambers in the Courts of Cambodia (ECCC) - commonly referred to as the Khmer Rouge Tribunal (KRT) - officially began setting up offices at the military barracks outside of Phnom Penh. The first trial, Case 001, began on March 30, 2009, two years behind schedule. The case opened with the defendant, former head of S-21 prison Duch (Kaing Geuk Eav), apologizing to victims and accepting responsibility, but ended shockingly however on November 27, 2009 with Duch rejecting responsibility on jurisdictional grounds because he was not a "senior Khmer Rouge leader or those most responsible" as stated in the Khmer Rouge Tribunal Law. The judgment of Duch will be delivered in March 2010.


In late 2010 or early 2011, the most important Khmer Rouge trial will begin. Case 002 will try the highest level Khmer Rouge leaders still alive today: Noun Chea, Khieu Samphan, Ieng Sary, and Ieng Thirith. This trial will be a crucial moment in Cambodia's road to justice because the evidences and analyses brought forth will provide answers to many fundamental questions about the Khmer Rouge regime that survivors had wondered for over three decades.

Cambodia, the United Nations, and several other countries have worked for many years to help us see justice delivered. The United Nations and national governments raised much of the initial $56 million budget for the KRT and stepped in during budgetary shortfalls in late 2008. These governments have also generously funded many Cambodian human rights and international non-government organizations (NGO) that support and monitor the trial process by helping victims file complaints of Khmer Rouge atrocities to the Court, observing and reporting on the activities of the Cambodian government and United Nations, providing counseling to those who suffered during Democratic Kampuchea, and other activities.

Perhaps the most important way that NGOs can help is to work with the Extraordinary Chambers and each other to ensure that the public is informed about the trials and involved in them.

These trials are about seeking justice for victims of the Khmer Rouge regime. These are your trials, and without your participation in them, the Cambodian people will not be able to judge whether the trials are fair, of high standards, and accessible to all.

But how can the people of Cambodia participate in the trials? They are far away and it is expensive to travel to Phnom Penh. Many NGOs in Cambodia are working to make certain that people can read about the trials through magazines and other written materials that are delivered to sub-district and district offices across the country. Others will broadcast news on the radio, and the Documentation Center of Cambodia (DC-Cam) is working with TVK and other stations to produce programs that will help educate people about the Extraordinary Chambers.

In the past few years, DC-Cam has also implemented a project which brought 400-500 villagers every month from all across Cambodia to Phnom Penh to visit genocide memorial sites and meet with officials at the KRT courtroom. After this first phase of the Living Documents Project, phase two which began in early 2009 allowed victims to directly attend Duch's trial hearing, participate in KRT educational workshops, and view Khmer Rouge related videos. Afterward, villagers returned home to share with community members during village forums what they saw and learned so that Cambodians have the opportunity to learn about the trials from people like themselves, in addition to tribunal officials and NGO staff. All of these activities have helped villagers understand how the trials work and to become familiar with the tribunal process. For Case 002, DC-Cam will increase its activities and outreach efforts given the significance of this trial.

All of us want to see trials that are fair and just, and for the Cambodian people to participate in them without fear of intimidation or uncertainty. Learning about the tribunal from the written word, radio and television, and from your family, friends and neighbors will help you see that justice can work in Cambodia and that building a more just future for our children can become a reality.

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Youk Chhang is the director of the Documentation Center of Cambodia. Last week was the 10th anniversary of the publishing of DC-Cam Genocide Magazine: "Searching for the Truth." With the ministries of Interior and Information, DC-Cam has distributed 1.5 million copies of the magazine to the villagers within Cambodia. This week also is the 13th anniversary of the establishment of DC-Cam.
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About Brother Number One

“Brother Number One” was the name that Pol Pot, the leader of the genocidal Khmer Rouge regime of Cambodia, gave himself. Kerry Hamill was also “brother number one” the oldest boy in the large Hamill family of Whakatane, New Zealand. In 1978, the lives of the two “brother number ones” collided.

Kerry Hamill was on board his charter yacht Foxy Lady with two other men when they anchored at Koh Tang Island to shelter from a storm. Unbeknownst to them they had entered Kampuchean waters, neither did they know of the horror story that was unfolding on the mainland. They had sailed from the hippie era of “love and freedom” into Year Zero. Along with Englishman John Dewhirst, Kerry was seized and tortured for two months at the Khmer Rouge slaughter house, Tuol Sleng (S21). After signing confessions that “admitted” CIA affiliations, they were executed on Pol Pot’s orders. A third companion Canadian Stuart Glass was shot and killed when the boat was captured. Some would say he was the lucky one.

Our documentary Brother Number One follows Kerry’s younger brother Rob Hamill, an Olympic and Trans-Atlantic rowing champion, as he travels to Cambodia. Rob will attempt to discover the most probable scenario surrounding the capture, incarceration, and murders of his brother and sailing companions. He will travel with Cambodian translator Chantou, a survivor of the killing fields who will tell her story in parallel with Rob’s. Together they will explore the devastating impact of Pol Pot’s maniacal ideology—which saw 2 million killed through execution, starvation and sheer hard work. The film will interweave the history of Cambodia with their journey. The former French colony was sucked into the Cold War; bombed illegally by Nixon and Kissinger; suffered four years of Khmer Rouge brutality; was invaded by the Vietnamese; then in a twist of realpolitik, saw the greatest war criminals since the Third Reich aided and abetted by China, the US and the Western powers. Many Cambodians today remain ignorant of their history, their lives marked by poverty, HIV, and violence.

Rob’s journey will culminate in a confrontation in court with Kaing Khek Iav, better known as Comrade Duch, former Commander at S-21, who gave the final orders for Kerry and John to be tortured and killed. Up to 14,000 Cambodians met the same end in the notorious prison. After 30 years of impunity, Duch and four former “Brothers” are currently standing trial for Crimes Against Humanity, homicide and torture in the Extraordinary Court of Cambodia, a war crimes tribunal that was finally established this year after a decade of international wrangling.

The film will be directed by award-winning filmmaker Annie Goldson (Punitive Damage, Georgie Girl, An Island Calling) and produced by Pan Pacific Films.

Meet the Makers

Producer/Director: Annie Goldson is a filmmaker, whose award-winning feature documentaries – which include An Island Calling, Punitive Damage, Georgie Girl, Sheilas: 28 Years On, Pacific Solution and Elgar’s Enigma – have received over 30 awards internationally at film festivals. They have also been broadcast on most major channels, including HBO, PBS, ABC, SBS, Channel 4 (UK), ARD and others. An Island Calling (2008), funded by TV3/NZOA with an SBS presale, recently won Best Documentary and Achievement in Camera at the Qantas Film and Television Awards. Annie was also a finalist in the Achievement in Directing category. The documentary subsequently won Best Documentary and Best Director at the Madrid Lesgai International Film Festival, and the Grand Prix at FIFO, the Oceania Festival in Tahiti. The film premiered at Hotdocs in Toronto and screened at a number of international festivals including Sydney, Melbourne, FIPA, Seattle, Frameline and Newfest. She is also a writer and academic and received her PhD from the University of Auckland where she teaches in the Department of Film, Television and Media Studies. Annie received the New Zealand Order of Merit in 2007 as recognition for services to film. As well as working on Brother Number One, she has a science series Mismatch: Why our world no longer fits our bodies in development for international broadcast.

Originating Producer: James Bellamy has worked in the film industry for over 24 years in a variety of roles, primarily as a documentary producer/director on award-winning documentary, arts and lifestyle series. He has completed three documentary features as an independent producer, which has involved him in extensive international production. He directed and produced Art in the Freezer to coincide with the 50th anniversary of Scott Base in Antarctica. The film was introduced on-air by Sir Edmund Hillary. Given this latter experience and his enthusiasm for longer-form documentary, James is now intending to dedicate himself to projects such as Brother Number One.

Key Documentary Subject/Producer: Rob Hamill rowed for New Zealand for 16 years winning World Championship Silver and Commonwealth Gold. He holds a world record on the indoor rowing machine and competed at the Atlanta Olympics in 1996. Rob is also a writer, publishing The Naked Rower, an account of how he and Phil Stubbs won the first trans-Atlantic Rowing Race in 41 days. Since his ocean adventure Rob has often considered tracing the wake left by his brother Kerry to discover what really happened in Cambodia. That time has come.