At the International Criminal Court, Luis Moreno-Ocampo investigates and…
Khmer Rouge, A Simple Matter of Justice
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For the first time ever a documentary unveils from within an investigation led by international justice. The film follows the steps of the investigative Judge and his team, named by the United Nations to track down those responsible of the crimes committed in Cambodia under the Khmer Rouge regime from April 1975 to January 1979, where nearly 2 million people perished. Shot over a period of 3 years, backed with interrogatory and judicial reconstitutions on the ' crime scenes', the film reveals the horror of such a regime and allows us to understand the task and stakes of international justice.
“Highly recommended for audiences interested in international law and the prosecution of war criminals. A comprehensive investigation!” —Cliff Glaviano, Educational Media Reviews Online (EMRO)
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Main credits
Distributor subjects
Asia; Cambodia; History (World); Human Rights; International Law; International Relations; Law; Political Science; Politics; Southeast Asia; War CrimesKeywords
WEBVTT
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In early January 1979
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a blitz raid by the Vietnamese Army
broke through Cambodian borders.
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The international community then discovered
a tragedy beyond anyone\'s greatest fears.
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[sil.]
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[music]
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From April 17th, 1975 to January 9th, 1979,
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the three-year, eight-month,
twenty-day Khmer Rouge regime
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saw the annihilation of one-third
of the Cambodian population,
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with close to two million victims.
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[sil.]
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[music]
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Over the course of that three-year
eight-month twenty-day Khmer Rouge regime,
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Pol Pot imposed an ultra radical
revolutionary ideal on the country.
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The state was rechristened Democratic
Kampuchea. A restricted group of leaders
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established absolute power under cover of the
mysterious designation of the organization
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or Angkar in Cambodian. The
Angkar made a clean sweep of
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all elements of Cambodian society,
family, religion, property, currency,
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all individual rights were abolished,
cities vacated, their inhabitants deported
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to the countryside, the population
was subjected to arbitrary purges
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and massive executions.
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[sil.]
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Today the scenes of repression
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have been transformed into museums and
everything seems to have been said or written
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about the history of Cambodia. The country remains
split between the determination to remember
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and the temptation to devote all
its energy to economic expansion.
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Two out of three Cambodians were born
after the fall of the Khmer Rouge.
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They are unaware of most of what happened
because families don\'t talk about it
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and even recent textbooks
still make no allusion to it.
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[music]
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After years of equivocation, a special tribunal
composed of Cambodian and international judges
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was sent up in Phnom Penh in
2006 to try those responsible
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for this tragedy.
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The United Nations entrusted
the core direction of
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the investigation to French
investigating judge, Marcel Lemmonde.
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His mission was to establish the crimes,
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to look for evidence, and to identify
those who primarily gave the orders.
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It was up to him to determine if the
charges assembled during the investigation
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was substantial enough to
open the Khmer Rouge trial.
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As their first decisive act,
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the judges ordered the arrest of the
Democratic Kampuchea leaders still living.
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Khieu Samphan, alias Hem,
former head of state
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and Nuon Chea alias brother number
2, who was living a secluded life
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in Northern Cambodia near the Thai border.
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Two more arrests took place
in the center of Phnom Penh.
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Ieng Sary, alias Van, former
Minister of Foreign Affairs,
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and his wife, Leng Thirith, alias Phea,
former Minister of Social Affairs.
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The couple had been quietly living in retirement
in the capital\'s residential quarter.
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The four former leaders were the
center of a joint investigation.
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Kaing Guek Eav,
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alias Duch, head of the primary
Khmer Rouge prison camp
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had been arrested by Cambodian authorities eight years
earlier. He was the focus of a separate inquiry
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as he was considered an
official of lower rank.
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The five defendants were imprisoned
in a special detention center
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adjoining the court.
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[sil.]
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[sil.]
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The former Toisling High School, more commonly
known by its Khmer Rouge code name, S21,
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is a genocide museum today.
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The building has become a symbol of the
regime\'s brutality. Over 12,000 people,
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considered enemies of the
revolution, were secretly arrested,
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detained, and interrogated here before systematically
being \'crushed\' to use Khmer Rouge terminology.
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A young officer with zeal
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and organizational skills
impressed his superiors,
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Dukran S21 for practically the
entire duration of the regime.
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In early 1979, the Vietnamese
army invaded Cambodian territory.
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The Democratic Kampuchea state collapsed.
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On January 1979, fleeing
Vietnamese attacked,
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the Khmer Rouge deserted Phnom Penh.
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In their panic, the last
prisoners were finished off,
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their bodies left behind. Caught
off-guard, Duch did not obey
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his final orders to destroy
all proof of the repression.
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When trying mass crimes, it\'s
rare to find written records of
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how the repressive apparatus functioned.
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[sil.]
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Here the signature of the prisoner
and this is his fingerprint
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and here are the signatures of
interrogator at S21, his name…
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This is the date of uh…
produced confessions
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and that those reported
confession to his superiors.
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The S-21 archives that were found on site
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comprised an exceptional collection of
documents for court analysts to make use of.
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Some prisoners have been
asked for many time…
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interrogated for many times, that\'s what I…
Uh… It have a lot of pages of confessions.
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All right route one is,
contain about 1,000 pages.
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And the red colors, it
is annotation of Duch
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and he also is pointing out some names of
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persons who would be… something like that
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and here he explains something,
because that usually report
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this confession to the operation, so
he\'s just summarized a little bit
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on the main point of confession. The
victim, the prisoner tried to write
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1000 names, 100 names, so that the more,
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the more is the better… the
more they wanted in it.
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So the prisoner tries to list out every
name that they know, even they just, lives,
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neighbor or something like that,
they just write down all the names.
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Because it\'s the policy of the… the
S-21, the most important for S-21
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to find out from the witness, from…
from the prisoner is that, the
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(inaudible)names, to find
out people who betrayed
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Angkar something like that.
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The investigation was
divided into two cases.
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The investigation of the Duch case advanced quickly, thanks
to the suspect\'s willingness to cooperate with investigators.
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[sil.]
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A former math teacher,
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Duch has been described by his students as a sincere
young teacher, always willing to help the poor.
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He joined the Khmer Rouge
guerilla in the late \'60s.
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[sil.]
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Seated beside Judge Marcell
Lemmonde, You Bunleng,
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the Cambodian investigating judge was appointed by the
government. The president of the Phnom Penh Appeals Court,
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he is one of the highest
magistrates in the country.
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[sil.]
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[sil.]
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[non-English narration]
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[sil.]
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[sil.]
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[sil.]
00:15:50.000 --> 00:15:55.000
[sil.]
00:16:00.000 --> 00:16:05.000
[sil.]
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[music]
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[non-English narration]
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In the office of the investigating judges,
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Cambodian and international teams
were mobilized on the Duch case.
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They organized the reconstruction that promised
to be a major step in the investigation.
00:19:10.000 --> 00:19:14.999
[sil.]
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Their objective was to
bring Duch back to S-21.
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This I call S-21 (inaudible)and
used for the confrontation
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early this week at S-21.
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Statement made by Duch\'s, nine statements
here but we don\'t have all the number…
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all the number at the S-21
but we have at least…
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Sure, you can see number one here\'s, what,
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where Duch is talking about and now he also talking
about building B, he is also talking about
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Building E ectectra.
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[music]
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The second case is focused on the
four historic leaders of the regime.
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From the very start of the proceedings,
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they adopted a line of defense radically different
from that of Duch, their former subordinate.
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To them, cooperating was
out of the question.
00:21:50.000 --> 00:21:54.999
As the suspects denied any involvement
in the crimes, each court appearance
00:21:55.000 --> 00:21:59.999
became a confrontation between their
attorneys and the investigating judges,
00:22:00.000 --> 00:22:04.999
even being moved from their cells for routine
interrogations on the conditions of their detention.
00:22:05.000 --> 00:22:09.999
[music]
00:22:10.000 --> 00:22:18.000
[sil.]
00:22:25.000 --> 00:22:29.999
An historic figure of the Khmer Rouge
revolution and Pol Pot\'s brother-in-law,
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Leng Sary was an early activist
against French colonization.
00:22:35.000 --> 00:22:39.999
He discovered communism while a
student in Paris in the 50s.
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That\'s where he first met his fellow
founders of the Khmer Rouge movement.
00:22:45.000 --> 00:22:50.000
[sil.]
00:23:05.000 --> 00:23:10.000
[non-English narration]
00:23:25.000 --> 00:23:29.999
I would like to supplement the record.
00:23:30.000 --> 00:23:34.999
I would like to supplement the record.
00:23:35.000 --> 00:23:39.999
Mr. Leng Sary does not intend
to uh… to be subjected to
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an interrogation by the investigative
judges. I stated it today.
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I noted that it\'s not part of the record. I would
like it part of the record of your summary record
00:23:50.000 --> 00:23:54.999
that I\'ve indicated that he does
not intend to provide a statement.
00:23:55.000 --> 00:24:00.000
He is exercising his right to remain silent
based on the advice of the Counsel. Thank you.
00:24:10.000 --> 00:24:14.999
[sil.]
00:24:15.000 --> 00:24:19.999
When Leng Sary was minister, the country was
officially led by the Communist Party of Kampuchea.
00:24:20.000 --> 00:24:24.999
Decisions were made by a standing
committee of seven members,
00:24:25.000 --> 00:24:29.999
including Pol Pot and the closest of his faithful.
Together they ruled in an atmosphere of secrecy,
00:24:30.000 --> 00:24:34.999
obsession with interior
enemies and incessant purges.
00:24:35.000 --> 00:24:39.999
Their decisions were handed down through
the ranks and to the population
00:24:40.000 --> 00:24:44.999
as issued from the Angkar.
00:24:45.000 --> 00:24:49.999
Pol Pot escaped judgment. He died eight
years before the tribunal was formed.
00:24:50.000 --> 00:24:54.999
The ages of the senior leaders
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by then, almost all octogenarians,
presented a major risk
00:25:00.000 --> 00:25:04.999
to the Judge\'s work. An initial medical
examination ordered by the defense
00:25:05.000 --> 00:25:10.000
even concluded that they were
incapable of appearing in court.
00:25:15.000 --> 00:25:19.999
Prof La Fong, (ph) an international
expert invalidated that first diagnosis
00:25:20.000 --> 00:25:24.999
and began to monitor them medically.
If their health worsened,
00:25:25.000 --> 00:25:30.000
the entire judicial
process would be at risk.
00:25:40.000 --> 00:25:44.999
[sil.]
00:25:45.000 --> 00:25:49.999
The reconstruction marked a major
step in the investigation.
00:25:50.000 --> 00:25:54.999
The entire Toisling neighborhood
was closed off by the army.
00:25:55.000 --> 00:25:59.999
The former interrogation center was off-limits to the
public. The international court managed to accomplish
00:26:00.000 --> 00:26:04.999
what no one, victim, researcher,
or historian, had ever imagined.
00:26:05.000 --> 00:26:09.999
30 years after the fall of
the Khmer Rouge Regime,
00:26:10.000 --> 00:26:14.999
Duch made his first return visit to S-21.
00:26:15.000 --> 00:26:23.000
[sil.]
00:26:30.000 --> 00:26:34.999
In a room on the first floor of building A,
00:26:35.000 --> 00:26:39.999
Duch was confronted with one of his
former subordinates. That was where
00:26:40.000 --> 00:26:45.000
important prisoners were held, notably a few westerners
accused of espionage simply due to their origins.
00:27:35.000 --> 00:27:40.000
[sil.]
00:27:55.000 --> 00:28:00.000
[non-English narration]
00:28:10.000 --> 00:28:15.000
[non-English narration]
00:28:30.000 --> 00:28:35.000
[non-English narration]
00:29:00.000 --> 00:29:05.000
[non-English narration]
00:29:25.000 --> 00:29:33.000
[sil.]
00:29:50.000 --> 00:29:54.999
Seven S-21 survivors were identified at
the fall of the regime. One of them,
00:29:55.000 --> 00:29:59.999
Bou Meng became a plaintiff at
the opening of the proceedings.
00:30:00.000 --> 00:30:05.000
His wife, who was arrested at the
same time he was, died at S-21.
00:31:25.000 --> 00:31:30.000
[sil.]
00:31:45.000 --> 00:31:50.000
[non-English narration]
00:32:20.000 --> 00:32:24.999
[sil.]
00:32:25.000 --> 00:32:29.999
Another survivor, Chum Mey
also became a plaintiff.
00:32:30.000 --> 00:32:34.999
He had been brought to S-21 with
his wife and newborn child.
00:32:35.000 --> 00:32:43.000
He never saw them again.
00:32:50.000 --> 00:32:55.000
[non-English narration]
00:34:45.000 --> 00:34:53.000
[non-English narration]
00:35:05.000 --> 00:35:13.000
[sil.]
00:35:45.000 --> 00:35:53.000
[sil.]
00:35:55.000 --> 00:35:59.999
Choeung Ek is another memorial
to the Cambodian tragedy.
00:36:00.000 --> 00:36:04.999
There, a dozen kilometers from Phnom Penh,
00:36:05.000 --> 00:36:09.999
S-21 prisoners were transferred during
the night to be clubbed to death
00:36:10.000 --> 00:36:14.999
and thrown into mass graves. Duch was
confronted with his former executioners.
00:36:15.000 --> 00:36:20.000
Considering their subordinate roles, they
were not prosecuted by the tribunal.
00:36:35.000 --> 00:36:40.000
[sil.]
00:37:00.000 --> 00:37:05.000
[non-English narration]
00:37:10.000 --> 00:37:15.000
[sil.]
00:37:55.000 --> 00:38:00.000
[non-English narration]
00:38:05.000 --> 00:38:13.000
[non-English narration]
00:38:55.000 --> 00:39:03.000
[sil.]
00:42:05.000 --> 00:42:09.999
[sil.]
00:42:10.000 --> 00:42:14.999
Another case, another tone. Jacques Verges
is the attorney for accused Khieu Samphan,
00:42:15.000 --> 00:42:19.999
former Democratic Kampuchea head of state.
He\'s even more personally involved
00:42:20.000 --> 00:42:24.999
in his client\'s defense, as he\'s an
old pal of the Khmer Rouge leaders,
00:42:25.000 --> 00:42:29.999
whom he hung out with during their
student days in Paris in the 50s.
00:42:30.000 --> 00:42:34.999
Khieu Samphan\'s attorneys filed an appeal
on the grounds that the entire case file
00:42:35.000 --> 00:42:39.999
hadn\'t been translated into French,
disrespecting the rights of the defense.
00:42:40.000 --> 00:42:44.999
Their request was rejected after a 4-hour
hearing. According to the chamber,
00:42:45.000 --> 00:42:49.999
the essential contents of the file
had certainly been either translated
00:42:50.000 --> 00:42:54.999
or summarized in English and in French. Jacque
Verges was threatened with disciplinary measures
00:42:55.000 --> 00:43:00.000
if he continued to behave in what the court
considered to be an obstructive attitude.
00:45:15.000 --> 00:45:19.999
[non-English narration]
00:45:20.000 --> 00:45:28.000
[sil.]
00:45:30.000 --> 00:45:34.999
For the first time in the
history of international law,
00:45:35.000 --> 00:45:39.999
victims could become plaintiffs in these cases
and claim symbolic and collective damages.
00:45:40.000 --> 00:45:44.999
The tribunal victims unit set up
shop in the center of Phnom Penh
00:45:45.000 --> 00:45:49.999
and was responsible for filing
the complaints. Little by little
00:45:50.000 --> 00:45:54.999
thousands of ordinary citizens
became parties in the proceedings.
00:45:55.000 --> 00:46:00.000
[sil.]
00:46:10.000 --> 00:46:15.000
[sil.]
00:47:50.000 --> 00:47:55.000
[non-English narration]
00:48:05.000 --> 00:48:10.000
[non-English narration]
00:48:20.000 --> 00:48:25.000
[non-English narration]
00:49:50.000 --> 00:49:54.999
While they don\'t deny the suffering the
population endured when they were in power,
00:49:55.000 --> 00:49:59.999
the four former rulers refused to
take any responsibility for it.
00:50:00.000 --> 00:50:04.999
Who gave the orders?
00:50:05.000 --> 00:50:09.999
Who was responsible for the
hundreds and thousands of victims?
00:50:10.000 --> 00:50:14.999
If the population was unaware of the names
of its rulers, footage at that time flaunts
00:50:15.000 --> 00:50:19.999
images of the suspects at the
forefront of the movement.
00:50:20.000 --> 00:50:24.999
The Khmer Rouge intended to implement a revolution
that they wanted to be even more radical
00:50:25.000 --> 00:50:29.999
than the French, Russian,
and Chinese revolutions.
00:50:30.000 --> 00:50:34.999
From 1975 to 1979, Cambodia
lived in isolation,
00:50:35.000 --> 00:50:39.999
cut off from the rest of the world. Rate
delegations from friendly countries
00:50:40.000 --> 00:50:44.999
were invited to make
tightly controlled visits.
00:50:45.000 --> 00:50:49.999
After the fall of their regime, the Khmer Rouge
withdrew to their historic jungle stronghold
00:50:50.000 --> 00:50:54.999
near the Thai border. In 1998, Pol
Pot died there of natural causes.
00:50:55.000 --> 00:50:59.999
Hun Sen, the all-powerful prime minister,
00:51:00.000 --> 00:51:04.999
in power since the fall of the Khmer
Rouge, saw that incident as an opportunity
00:51:05.000 --> 00:51:09.999
to reassert his authority through
a national reconciliation.
00:51:10.000 --> 00:51:14.999
Khieu Samphan, Nuon Chea, leng Sary, and leng Tirith,
were invited to the prime minister\'s home for tea,
00:51:15.000 --> 00:51:19.999
despite the fact that he had requested
the assistance of the United Nations
00:51:20.000 --> 00:51:24.999
to judge the Khmer Rouge dignitaries the
previous year. Hun Sen had strongly supported
00:51:25.000 --> 00:51:29.999
the creation of an international tribunal
independent of political pressures.
00:51:30.000 --> 00:51:34.999
He monitored the investigation very,
very closely. The Khmer Rouge period is
00:51:35.000 --> 00:51:39.999
still a particularly sensitive subject in Cambodia today,
as some of the country\'s current political leaders
00:51:40.000 --> 00:51:44.999
were part of the regime\'s hierarchy
in their youth. Unlike the Duch case
00:51:45.000 --> 00:51:49.999
which used the S-21 archives, there
were few documents from the time
00:51:50.000 --> 00:51:54.999
illustrating the roles each of the suspects
actually played. Among other leads,
00:51:55.000 --> 00:51:59.999
the investigating judges team analyzed Khmer
Rouge propaganda. What evidence was there of
00:52:00.000 --> 00:52:04.999
where and when those leaders we\'re in the field? What did
they see? What did they know about the hell their country
00:52:05.000 --> 00:52:09.999
was going through when they were in power?
The investigators made it their priority
00:52:10.000 --> 00:52:14.999
to determine whether or not any
links existed between the crimes
00:52:15.000 --> 00:52:19.999
and the four suspects. About
20 sites were chosen.
00:52:20.000 --> 00:52:24.999
Work camps, detention centers, execution sites, mass
graves, and infrastructure built by forced labor.
00:52:25.000 --> 00:52:29.999
The investigation spread
across the entire country.
00:52:30.000 --> 00:52:34.999
The situation we have here is
00:52:35.000 --> 00:52:39.999
we\'re investigating the deaths of
00:52:40.000 --> 00:52:44.999
1.7 million is the estimate, you
know, through killing, starvation,
00:52:45.000 --> 00:52:49.999
disease, etc and at full strength
00:52:50.000 --> 00:52:54.999
we have 12 investigators. Well, you could… you
could probably say that everybody in this country
00:52:55.000 --> 00:52:59.999
over the age of, what, 50
is potentially a witness to
00:53:00.000 --> 00:53:04.999
umm… crimes committed by the Khmer Rouge.
00:53:05.000 --> 00:53:09.999
Well, it\'s impossible for us to…
to interview all of those people.
00:53:10.000 --> 00:53:14.999
So we have to make choices exactly.
00:53:15.000 --> 00:53:19.999
Officers who had held intermediary posts in the
Khmer Rouge system, were the first to be targeted.
00:53:20.000 --> 00:53:24.999
The Judges combed the provinces,
particularly the areas that long remained
00:53:25.000 --> 00:53:29.999
under Khmer Rouge influence. They repeated
the same message wherever they went.
00:53:30.000 --> 00:53:34.999
Only senior leaders and those primarily
responsible for the crimes could be indicted.
00:53:35.000 --> 00:53:39.999
Their subordinates we\'re in
no danger of prosecution.
00:53:40.000 --> 00:53:44.999
They were solicited to become insiders,
00:53:45.000 --> 00:53:49.999
inside witnesses, who would feed the
investigation and who could testify anonymously.
00:53:50.000 --> 00:53:54.999
One of the main difficulties
in the investigators work
00:53:55.000 --> 00:53:59.999
had to do with the geography of the
country. Reaching certain regions
00:54:00.000 --> 00:54:04.999
required long hours on the road.
We are on the road
00:54:05.000 --> 00:54:09.999
and I\'m traveling uh… I\'m traveling
in in Battambang Province.
00:54:10.000 --> 00:54:14.999
From Battambang town, I\'m
going to a location called
00:54:15.000 --> 00:54:19.999
(inaudible), it\'s a village
right on the Thai border.
00:54:20.000 --> 00:54:24.999
Maps were inaccurate
00:54:25.000 --> 00:54:29.999
and information incomplete. No
civil status, no precise addresses
00:54:30.000 --> 00:54:34.999
and towns were spread across dozens of
kilometers. To track down some witnesses,
00:54:35.000 --> 00:54:39.999
all they had was a revolutionary nickname.
We have to go back.
00:54:40.000 --> 00:54:44.999
One part of the investigation
00:54:45.000 --> 00:54:49.999
concerned the deportation of urban
populations to the country.
00:54:50.000 --> 00:54:54.999
Was that operation planned ahead
of time or improvised in chaos?
00:54:55.000 --> 00:54:59.999
In Battambang, the capital of the northwestern
province, investigators found one key witness,
00:55:00.000 --> 00:55:05.000
the former station master who
saw the convoys pass by.
00:55:20.000 --> 00:55:24.999
Uh… okay. This was just a…
00:55:25.000 --> 00:55:29.999
just a stop over. Okay.
00:55:30.000 --> 00:55:34.999
[non-English narration]
00:55:35.000 --> 00:55:39.999
They were like soldiers guarding. They did
not allow people to get out of the train.
00:55:40.000 --> 00:55:44.999
[sil.]
00:55:45.000 --> 00:55:49.999
Did you notice whether
the people in the train
00:55:50.000 --> 00:55:54.999
had drinks, food, could you observe that?
00:55:55.000 --> 00:55:59.999
I never saw they have.
00:56:00.000 --> 00:56:05.000
[sil.]
00:56:10.000 --> 00:56:14.999
Even like babies.
00:56:15.000 --> 00:56:19.999
At the station here, do you know
who was the person who coordinated
00:56:20.000 --> 00:56:24.999
the transit of the trains? From interrogation to
interrogation, the investigators attempted to
00:56:25.000 --> 00:56:29.999
reconstruct how orders were transmitted
within the Khmer Rouge hierarchy.
00:56:30.000 --> 00:56:34.999
The order over there, where the further process
was coordinated by the district level,
00:56:35.000 --> 00:56:39.999
which implies good
planning and coordination
00:56:40.000 --> 00:56:44.999
between different levels,
central and district.
00:56:45.000 --> 00:56:49.999
Obviously we don\'t have the
linkage because we don\'t have
00:56:50.000 --> 00:56:54.999
an insider weakness to prove that.
We have names of people
00:56:55.000 --> 00:56:59.999
who were possibly purged. Actually
for sure some of them had been
00:57:00.000 --> 00:57:04.999
because they mentioned in PB\'s, you know,
the Khmer Rouge cadres have been purged.
00:57:05.000 --> 00:57:09.999
Another important uh… Once important
witnesses had been identified,
00:57:10.000 --> 00:57:14.999
the difficulties had often only just begun.
We have a new one from Paolo last mission,
00:57:15.000 --> 00:57:19.999
his name is (inaudible).
He is deputy chief of
00:57:20.000 --> 00:57:24.999
military police in Battambang currently.
He say, I\'m willing to testify
00:57:25.000 --> 00:57:29.999
but you have like all the others,
you\'ve to go through my ministry.
00:57:30.000 --> 00:57:34.999
Mr. (inaudible) he was the head of the Tram Kok
district during the regime. Yeah, exactly.
00:57:35.000 --> 00:57:39.999
So that, has each didn\'t want to be
interviewed? He wants, he wants but he said
00:57:40.000 --> 00:57:44.999
due to my position as the military
police, you have to ask my superior.
00:57:45.000 --> 00:57:49.999
That\'s the usual response?
Yeah, they all say the same.
00:57:50.000 --> 00:57:54.999
[sil.]
00:57:55.000 --> 00:57:59.999
Criminal law is based on the fundamental
rule of individual responsibility.
00:58:00.000 --> 00:58:04.999
Yet in mass crimes, it\'s often impossible
to establish who gave the orders.
00:58:05.000 --> 00:58:09.999
Confronted with this problem, the International
Court came up with the specific notion,
00:58:10.000 --> 00:58:14.999
The Joint Criminal Enterprise.
To substantiate that approach,
00:58:15.000 --> 00:58:19.999
the judges had one witness at their disposal who knew
the Khmer Rouge hierarchy from the inside, Duch.
00:58:20.000 --> 00:58:25.000
[sil.]
00:59:00.000 --> 00:59:05.000
[sil.]
01:00:20.000 --> 01:00:25.000
[sil.]
01:01:00.000 --> 01:01:08.000
[sil.]
01:01:10.000 --> 01:01:14.999
Had there been genocide in
Cambodia, according to the law,
01:01:15.000 --> 01:01:19.999
the definition of genocide is limited to crimes
committed with the intent of eliminating
01:01:20.000 --> 01:01:24.999
a national, ethnic, or religious group of
people. The question of genocide arose
01:01:25.000 --> 01:01:29.999
in particularly in the region for the east,
where a substantial Muslim community resides,
01:01:30.000 --> 01:01:34.999
the Chum people. The
investigators identified
01:01:35.000 --> 01:01:39.999
a former Khmer Rouge militia chief who still
lived in the village where he had served
01:01:40.000 --> 01:01:44.999
30 years earlier. As the former prisoner of
01:01:45.000 --> 01:01:49.999
(inaudible)
01:01:50.000 --> 01:01:54.999
and from those victims they told me about
01:01:55.000 --> 01:01:59.999
the identity of this guy.
01:02:00.000 --> 01:02:04.999
Are you a Sunni Muslims or Shia Muslims?
Uh, umm… Sunni.
01:02:05.000 --> 01:02:09.999
Are the Chum\'s here, are they viewed by…
01:02:10.000 --> 01:02:14.999
viewed with some suspicion by
Khmer people around or is it…
01:02:15.000 --> 01:02:19.999
No… No problem. Everyone\'s
happy together? Yes. Okay.
01:02:20.000 --> 01:02:24.999
The investigation had to determine if the Chum
people had been suppressed as a religious community
01:02:25.000 --> 01:02:29.999
or if they had been subjected to the same
persecutions as the entire population
01:02:30.000 --> 01:02:38.000
no more or no less.
01:02:50.000 --> 01:02:54.999
And did you have any other names
an alias or a revolutionary name?
01:02:55.000 --> 01:02:59.999
[non-English narration]
01:03:00.000 --> 01:03:04.999
No, no alias.
01:03:05.000 --> 01:03:09.999
And as a village militia,
01:03:10.000 --> 01:03:15.000
what did comrade Sang(ph) tell you your duties
were? What did you actually have to do?
01:03:20.000 --> 01:03:24.999
[non-English narration]
01:03:25.000 --> 01:03:29.999
I didn\'t know what the reason but all
the Chum were arrested at that time.
01:03:30.000 --> 01:03:34.999
[non-English narration]
01:03:35.000 --> 01:03:39.999
So what happened to them after
they had been arrested?
01:03:40.000 --> 01:03:44.999
They took them all into the Pagoda.
01:03:45.000 --> 01:03:49.999
And what next?
01:03:50.000 --> 01:03:54.999
They clubbed them to death
in front of the Pagoda.
01:03:55.000 --> 01:03:59.999
Are you ready? Yes. Okay.
01:04:00.000 --> 01:04:04.999
[sil.]
01:04:05.000 --> 01:04:09.999
We went to the same village
that we were in yesterday
01:04:10.000 --> 01:04:14.999
and the security people would come… come there or even when
they were all working in the rice fields, they would come there
01:04:15.000 --> 01:04:19.999
and they would identify the Chum.
He said… he said that
01:04:20.000 --> 01:04:24.999
they could identify the Chum
because, from their accent.
01:04:25.000 --> 01:04:29.999
You know, normally from the accent,
because normally they don\'t speak Khmer,
01:04:30.000 --> 01:04:38.000
they have their own language.
01:06:15.000 --> 01:06:19.999
Beginning with S-21 then spreading
across all of Cambodia,
01:06:20.000 --> 01:06:24.999
the investigation became international.
01:06:25.000 --> 01:06:29.999
Correspondents from that time between Paris
01:06:30.000 --> 01:06:34.999
and its embassies in the far-east, until
recently classified as top secret,
01:06:35.000 --> 01:06:40.000
revealed that some direct witnesses had already indicated
precise links between the crimes and the suspects.
01:08:05.000 --> 01:08:13.000
[music]
01:08:15.000 --> 01:08:19.999
And the crimes did occur. Certainly,
01:08:20.000 --> 01:08:24.999
uh… your father who was minister of
foreign affairs, was not involved
01:08:25.000 --> 01:08:29.999
uh… in… in any enter…
joint criminal enterprise
01:08:30.000 --> 01:08:34.999
and certainly was not involved in
issuing any orders or participating in
01:08:35.000 --> 01:08:39.999
any criminal activity. What
they have to establish is that…
01:08:40.000 --> 01:08:44.999
that your father\'s
01:08:45.000 --> 01:08:49.999
uh… would have been aware…
01:08:50.000 --> 01:08:54.999
Your father would have been aware, they had
people beneath him that he had control,
01:08:55.000 --> 01:08:59.999
effective control and command
uh… committing crimes.
01:09:00.000 --> 01:09:04.999
And he failed to prevent them or
failed to punish them afterwards,
01:09:05.000 --> 01:09:09.999
that this tribunal,
01:09:10.000 --> 01:09:14.999
uh… which is in a special chamber within
the Cambodian court is like a charade.
01:09:15.000 --> 01:09:19.999
The judges are not really that qualified,
whether they are Cambodian or international,
01:09:20.000 --> 01:09:24.999
their decisions are not that
01:09:25.000 --> 01:09:29.999
uh… legally sound. As the end
of the investigation approach
01:09:30.000 --> 01:09:34.999
(inaudible) were focused on the French
judge. He had called former king Sihanouk
01:09:35.000 --> 01:09:39.999
as a witness. An historic figure in
Cambodia, he had for a time alight himself
01:09:40.000 --> 01:09:44.999
for the Khmer Rouge. The former king declined to
be interviewed. This time the judge intended to
01:09:45.000 --> 01:09:49.999
interview current National Assembly and senate presidents,
as well as two vice prime ministers of the government
01:09:50.000 --> 01:09:54.999
who had held intermediary offices
at the time of the Khmer Rouge
01:09:55.000 --> 01:09:59.999
and who could cast essential
light on the investigation.
01:10:00.000 --> 01:10:05.000
The prime minister himself sent a
warning to the International Court.
01:11:25.000 --> 01:11:33.000
[sil.]
01:11:35.000 --> 01:11:39.999
Despite all the obstacles, the proceedings
took a decisive turn in the spring of 2009.
01:11:40.000 --> 01:11:44.999
Once investigation of the Duch case was
completed, the first trial could open.
01:11:45.000 --> 01:11:49.999
It was a historic moment for the Cambodian
people. All crimes are committed by
01:11:50.000 --> 01:11:54.999
the CPK(ph) and myself.
01:11:55.000 --> 01:11:59.999
As the member of the party I
acknowledge and apologize.
01:12:00.000 --> 01:12:04.999
As the member of the party.
So I would like to
01:12:05.000 --> 01:12:09.999
seek for apologies
01:12:10.000 --> 01:12:14.999
before my people and my nation.
01:12:15.000 --> 01:12:19.999
[sil.]
01:12:20.000 --> 01:12:24.999
Just as he did privately before the
judges during the investigation,
01:12:25.000 --> 01:12:29.999
Duch talked, this time publicly.
He spoke to the entire nation.
01:12:30.000 --> 01:12:38.000
[sil.]
01:12:45.000 --> 01:12:49.999
For the dignitaries, the investigation was winding
up. Based and the results of their investigation,
01:12:50.000 --> 01:12:54.999
the judges actually augmented the
charges against the suspects.
01:12:55.000 --> 01:13:03.000
[sil.]
01:13:45.000 --> 01:13:50.000
[sil.]
01:14:00.000 --> 01:14:05.000
[sil.]
01:14:15.000 --> 01:14:20.000
[non-English narration]
01:15:15.000 --> 01:15:20.000
[sil.]
01:15:50.000 --> 01:15:55.000
[sil.]
01:16:00.000 --> 01:16:08.000
[sil.]
01:16:15.000 --> 01:16:20.000
[sil.]
01:16:30.000 --> 01:16:35.000
[sil.]
01:16:50.000 --> 01:16:54.999
Khieu Samphan and the three other
rulers stuck to their positions.
01:16:55.000 --> 01:16:59.999
They even refuted the
legitimacy of the judges.
01:17:00.000 --> 01:17:04.999
[sil.]
01:17:05.000 --> 01:17:09.999
Before their arrest, they had
told journalists and historians
01:17:10.000 --> 01:17:14.999
that they had only learned of the extent of the
tragedy long after the fall of their regime.
01:17:15.000 --> 01:17:19.999
[sil.]
01:17:20.000 --> 01:17:24.999
On September 16, 2010,
01:17:25.000 --> 01:17:29.999
the judges announced that they had terminated their
investigation. The evidence they had gathered
01:17:30.000 --> 01:17:34.999
over the course of the three-year
investigation made up a case file of
01:17:35.000 --> 01:17:39.999
350,000 pages of documents,
experts reports,
01:17:40.000 --> 01:17:44.999
statements, and testimony.
01:17:45.000 --> 01:17:49.999
The evidence was sufficiently serious
01:17:50.000 --> 01:17:54.999
and corroborating to open what promised
to be the trial of the regime.
01:17:55.000 --> 01:17:59.999
Even 30 years after the events,
international law in Cambodia
01:18:00.000 --> 01:18:04.999
carries on the momentum born in
Nuremberg and continued in Rwanda
01:18:05.000 --> 01:18:09.999
and the former Yugoslavia.
Even if it fails to shed light
01:18:10.000 --> 01:18:14.999
on everything, it reminds
us all that some crimes
01:18:15.000 --> 01:18:20.000
will never be forgotten.