30 April 2009: The tale of one of many days of hearing at the trial of former Khmer Rouge prison chief Duch.
(Photo: S-21 in Phnom Penh, the high school turned detention center under the Khmer Rouge. 10 December 2008. By Isabelle Roughol)
By Isabelle Roughol
The contrite Kaing Guek Eav, who in the early days of trial seemed to disappear behind his lawyer, gave way Wednesday to a more pugnacious Duch as he responded to the questions of civil party lawyers regarding the establishment of the S-21 detention center.
At times playfully insolent, at others visibly annoyed, Duch took issue with several questions of the civil parties, which he said had already been asked and which he chose not to answer.
When civil party lawyer Silke Studzinsky was surprised by his answer that he did not personally control the work of his interrogators, Duch mocked her for not knowing how military commanders delegate their duties.
“I think Miss Studzinsky might have not been involved in the military or other similar tasks,” he said with a smile. “As the chairman of S21, I could not be involved in all matters, that’s not possible.”
The exchange with Ms Studzinsky, as well as with lawyer Philippe Canonne, prompted Presiding Judge Nil Non to ask Duch to be more respectful.
“The Chamber would like to remind the accused to exercise proper gesture and attitude in responding to the questions by the lawyer or exercise his right to remain silent, rather than laughing, which is not viewed as appropriate,” he said.
Pressed by lawyer Alain Werner on the place of S-21 within the network of Khmer Rouge security centers, Duch denied that S-21 was in any way above the other prisons.
“Don’t regard S-21 as unique for the reason that the cadres from the central committee were killed at S-21,” he said, adding the lives of politically important prisoners were worth the same as those of ordinary people.
Duch detailed four categories of people who he said had authority over all security centers and sole power to decide whom to send to S-21 and when to “smash”—or kill—them: the seven zone secretaries, the central committee, the standing committee, and Son Sen.
“Besides these four groups, no one had the power to decide who to smash. That’s why those people should be called those most responsible for the crimes against the law of Cambodia,” he said.
The words “most responsible,” on which Duch insisted several times, echo the mission of the Extraordinary Chambers in the Courts of Cambodia, which is to prosecute senior leaders and those “most responsible” for the crimes of Democratic Kampuchea. The defense has argued that if Duch is to be tried, dozens more should, too.
Yet, Duch also made several references to his role of an influential “shepherd” over many subordinates. He taught them how to interrogate, but also how to torture, he said. Children were employed as guards as soon as they were old enough to perform the duties because they were malleable, “like a clean peace of paper that can easily be written on,” particularly peasants’ children, he said.
He also explained his reluctance to report on his subordinates’ misdeeds to superiors and that he was responsible for not having educated them well enough to avoid being arrested.
“In the communist party ranks, the subordinates had to respect their superior, and superiors had to protect their subordinates,” he said.
Since few under his care were affected by early purges, Duch recognized he may have received special protection from Son Sen or Brother No 2, Nuon Chea.
“I was regarded as a German shepherd,” he said. “That’s why they trusted me.”
