Duch and Expert Agree on Khmer Rouge Communication Structure, But Disagree Regarding Responsibility

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

Duch: Scapegoat?

Without revisiting the debate over the impartiality of expert witness Craig Etcheson that ended yesterday’s session, President Nil Nonn turned over the floor to international co- prosecutor Alex Bates to question The Accused Person, Kaing Guek Eav (Duch), regarding nine letters from Division 502 (air force) Secretary Sou Met to Duch. Spanning dates ranging from April to October 1977, the letters mainly discuss the confessions and arrests of Khmer Rouge “enemies” within the military ranks and their transfer to Tuol Sleng prison, also known as S-21.

With regard to the correspondence that took place between Duch and Sou Met, Duch emphasized and insisted repeatedly throughout his testimony that had no right to horizontal communications with people such as Sou Met or units like Division 502 and that he would be killed if such horizontal communication took place. Thus, all communications were accomplished through the vertical reporting process whereby Duch had daily contact with Son Sen, the Deputy Prime Minister for National Defense and Chief of the General Staff of the Revolutionary Army of Kampuchea (RAK). Duch testified that each letter from Sou Met, while addressed directly to Duch, was hand- delivered to Duch by Son Sen. Some letters bore hand-written notes suggesting the letters had in fact gone through Son Sen while others did not. Duch explained that the Khmer Rouge had a policy of concealing the names of high-ranking party members as a sign of respect and also to maintain secrecy. He said he would not dare reveal the name of Son Sen or Nuon Chea in a letter. In brief, a letter from mid-level party member A to mid- level party member B goes through high-ranking party official C, but there is generally no mention of C in the letter…

Read more: ctm_blog_5-27-2009

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.