The Duch Trial Resumes

by Laura MacDonald, Member of the New York Bar and Consultant to the Center for International Human Rights, Northwestern University School of Law
— 18 May, 2009

The Scene

After a taxi, three flights, another taxi, a tuk-tuk, and a shared ride, I reached the Extraordinary Chambers in the Courts of Cambodia (ECCC) located on the outskirts of Phnom Penh in time for the resumption of the Duch trial. After being searched twice for food, beverages, electronics, and weapons, I found myself in the observation section separated from the proceedings by floor-to-ceiling glass, which reminded me of watching a hockey game or looking into an aquarium. The crowd consisted of approximately 75 observers, about half of whom were Cambodian. At 28, I was among the ten oldest observers in the room. There was a large group of what appeared to be local high school students and there were about 45 Cambodian and Western folks sitting around in groups with notebooks in-hand observing on behalf of some organization or another. I spotted two groups of guidebook-carrying tourists, none of whom made it back after the lunch break.

Everything was user-friendly. Observers are given hand-outs with information about the ECCC, including descriptions of key players in the Duch trial. The proceedings are broadcast over a loud-speaker in Khmer, but observers can listen to the proceedings in French or English with individual headsets that are provided at the entrance. Flat screen televisions are spread throughout the air-conditioned observation area for close-up views of speakers and the supporting documents they present. During breaks, observers can drink cold water, access free internet, and visit the concession stand. Apart from the upsetting subject matter, the laid-back setting makes observing the Duch trial a very comfortable experience.

On the other side of the glass, everything was very formal. The parties exchanged pleasantries while they awaited the arrival of the judges. A bell rang. The audience stood. The judges entered. The judges, clerks, and lawyers all wore heavy robes in red, purple, and black, respectively. Three witnesses, the prosecutors, and all the civil party lawyers sit on one side as if to intimidate the defense counsel and Duch who sits opposite them. The judges face the audience, but never appeared to notice anything beyond the glass. Duch examined the crowd. The trial resumed…

Read more: ctm_blog_5-18-2009

Cambodia Tribunal Monitor’s Trial Observer posts are written according to the personal observations and opinions of the writer and do not constitute a transcript of ECCC proceedings or the views of Cambodia Tribunal Monitor and/or its partners. Official court transcripts for the ECCC’s hearings may be accessed at the ECCC website.