Key Document Hearings: Forced Marriage
Today, September 6, 2016, key document presentations were heard from the Co-Prosecution and Civil Party Lead Co-Lawyers regarding the segment on forced marriage. The Co-Prosecution presented documents that they say showed a policy of the regime to arrange marriages in order to increase the population.
Increase the Population
Today, the Chamber heard the key document presentation in relation to regulation of marriage. The floor was granted to the International Civil Party Lead Co-Lawyers and the Co-Prosecution to present their key documents. On Thursday, the defense teams will respond to the presentation. All parties were present with the exception of Doreen Chen, Nuon Chea Defense Counsel, who was absent due to health reasons. The parties had provided a list of key documents prior to today.
The floor was handed to the Co-Prosecutors. Senior Assistant Prosecutor Vincent de Wilde said he would present documents that showed the existence of a national policy of Democratic Kampuchea concerning forced marriage.
First, Mr. de Wilde pointed to statements by Nuon Chea that showed that the Democratic Kampuchea arranged the choice of a spouse and that weddings were held in break of traditions, which meant the absence of the family, as well as that there was no marriage for reasons of personal convenience.[1] In Thet Sambath’s and Gina Chon book Behind the Killing Fields, Nuon Chea was quoted as having said that they needed manpower, since the war had killed so many people. Nuon Chea had said that “the opinion of the respective groom and bride did not matter” when Angkar chose for them to get married.
Mr. de Wilde read an excerpt of Elizabeth Becker’s When the War Was Over.[2] He said that the documents read out highlighted the fact that the “regime needed more manpower” and that this was the purpose.
He then quoted Ieng Sary, who had said that the “health of our people has improved” and that they had “eliminated social diseases” and that they needed a population of 15 to 20 million people within 20 years.[3]
Mr. de Wilde read another excerpt, in which Ieng Sary had talked about the increase of the population. They aimed at increasing the population within three years, the document said.[4]
Pol Pot had said that “our policy to increase the population is yielding the appropriate result”.[5] Mr. de Wilde said that he had prior to 1975, the birth rate lay at 40 for 1,000 people, while the mortality rate lay at 18 for every 1,000 people. In 1978, the document stated, the mortality rate hardly reached 13 in 1,000.
Next, Mr. de Wilde showed a clip of the film Red Wedding by Lida Chan and Guillaume Suon. In this extract, a speech by Pol Pot was heard, in which he said that the, at the time, eight million inhabitants were not enough and that 20 million were needed instead. [6] He said that another document confirmed this.[7] He then read out a range of documents, including a report by BBC, speeches, and excerpts of books to show that
- the government of Democratic Kampuchea saw the need to stimulate the growth of the population and adapted a policy to rapidly increase the population (the goal being 15 to 20 million in five to ten years), [8] which should be achieved through improved living conditions and health, confirmed by Ieng Sary, Nuon Chea[9] and Khieu Samphan[10];
- that the birth rates could not always be increased, since women could not menstruate because of malnutrition;[11]
- that the family was replaced by the concept of a Revolutionary Family[12], which included emotional, spiritual and sentimental detachment from individuals. [13] The family was to be seen as a unit destined to serve the progress of the revolution. [14]
- that the biography of individuals needed to be considered when selected spouses and that the collective must be favorable when two people agreed to marry[15], and that individuals had to be ready to sacrifice for the revolution. [16]
At this point, the hearing was adjourned for a break.
Marriage Policy
After the break, Mr. de Wilde pointed to a change in policy by the Democratic Kampuchea government. This change consisted for example therein that the right to marry was re-introduced. This was reflected in an interview with Ieng Sary, he said.[17] Moreover, zone and cooperative leaders had to report on the number of marriages every month.[18] He also highlighted a document relating to the suicide of people who had recently been married.[19] Mr. de Wilde then stressed the importance of a report prepared by the United Nations Economic and Social Council. This report had set out that the consent of spouses was lacking under Democratic Kampuchea. “It is alleged that the right to marry has been seriously infringed” and that the practice of separating children from their parents infringed the “right to family”.[20]
Next, Mr. de Wilde quoted Elizabeth Becker’s When the War Was Over. Elizabeth Becker argued that there was a contradiction of marriage policy: on the one hand, the birth rate dropped significantly, there was sexual repression, and the minimum age for marriage was raised (22 years for men and 20 for women, [21] sex was punishable by death, and on the other the population was supposed to increase and monks were ordered to marry.[22] Mr. de Wilde elaborated on this aspect of monks being forced to marry by citing parts of the book Buddhism under Pol Pot, [23] as well as citing an account a monk who was supposed to be married but was not in the end. He had told them that “no woman would be able to love me, and they said that this was of no importance”.[24] Moreover, any other marriage than the ones arranged by Angkar were seen as moral offense; to refuse could lead to rape torture, imprisonment and death. Khieu Samphan and the Khmer Rouge showed in Mr. de Wilde’s view that this practice de facto meant legalization of rape and had as a consequence that many women committed suicide. According to Khieu Samphan, young women accepted through getting married to take care of former soldiers.[25] Mr. de Wilde then turned to the topic of handicapped people being married to young women, which Khieu Samphan also had talked about.[26] He then read out several Written Record of Interview Records of Interviews of witnesses and Civil Parties. The first Written Record of Interview talked about a woman being forced to marry a handicapped man she did not love under the threat of being executed and recounting that a person was arrested when she disobeyed. She also recounted that the oldest persons in a unit were married first and that they were spied upon. She, in the end, agreed to sleep with him, something that also her spouse did not desire according to what he told her – he had acted upon orders from Angkar.[27] Another couple was also forced to marry.[28]
At this point, the President adjourned the hearing for the lunch break.
Written Records of Interviews
After the break, Mr. de Wilde read another Written Record of Interview, this time by Chhum Savoeun.[29] This person had talked about a meeting, in which women were told to obey Ankgar and marry men they did not know. The witness himself had suggested a woman he liked Angkar to arrange the marriage. She did not like him and requested a divorce after 1979. They were monitored and women would be executed if they refused to consummate the marriage. He remembered a case in which a woman was called for re-education first and then agreed to live with her husband, but requested divorce in 1979.
Next, Mr. de Wilde pointed to another Written Record of Interview, in which a witness submitted that he, as a militiamen, spied on the newlyweds and sent them for re-education, which he said was a pretext: “in fact, the Khmer Rouge did not call those people to be tempered or reformed”.[30] Another witness told the investigators that they were married during the regime and did not know their wives in advance, that “strict measures” started in 1977 (for example that 100 couples had to get married each month) and that some couples broke up, “whereas others broke up through death”.[31] One person, Muol Eng, had said that marriages were also organized by Ta Mok, his relatives, or upon his instructions. “I would risk being killed if I disrespected Angkar’s decision”. Furthermore, “no one told us the reason of the wedding”. He also had not known wife before and they were required to consummate the marriage on the night of the wedding.[32]
Mr. de Wilde read out several interviews, in which witnesses and Civil Parties talked about being forced to marry someone they did not, or barely knew, and their discontent with this. Several mentioned having initially refused, but in the end having been forced to marry under threats of re-education or death.[33] One person mentioned Ieng Tirith[34] and another one Yeay Chaem. This person remained married because they had children, despite the fact that they were arguing sometimes.[35]
Next, Mr. de Wilde cited a report on forced marriage in Democratic Kampuchea, in which it was said that few interviewees could articulate the reasons for policy. The researcher argued that it policy was a way to maintain control over individuals and to exercise birth control. The couples rarely had opportunity to develop deep relationships, since they could only spent a few days together.[36] Mr. de Wilde quoted a statement by Pol Pot, who had said that separations “nowadays” – speaking in 1978 – were very rare, because everyone had a “high political consciousness.[37] To finish his presentation, Mr. de Wilde quoted Nuon Chea, who had said that “The man always wants to choose a beautiful girl, so that’s why we forced them to get married and Angkar chose the wife”.[38]
With this, the Co-Prosecution’s presentation of key documents was concluded and the court adjourned for a break.
After the break, Mr. de Wilde clarified that the Civil Parties he had quoted were not part of Case 002 but of other cases.
Civil Party Lead Co-Lawyers
The floor was granted to National Civil Party Lead Co-Lawyer Pich Ang, who presented 11 Civil Party applications. The first Civil Party Tum Nga was forced to marry in Pursat Province. She became pregnant and she, due to overwork after her pregnancy, became sick.[39] The Civil Parties that Mr. Ang quoted had recounted in their applications and supplementary information that they were all forced to marry. Some of them said that they were spied upon.[40] Most of them did not know their spouses before the wedding.[41] When one Civil Party refused to get married, she was threatened to kill those who disrespected Angkar, which was why she agreed. [42] One person was told that they had to “produce children in order to serve Angkar”.[43] They spoke of their suffering that they underwent because of having been forced to marry.
The Civil Parties were called Tum Nga, Prum Chy, Phan Sopheap, Chhim Srorn, Saom Hai, Ban Hap, Chan Han, Heng Vipheak, Kheng Chheng, and Nun Yoeun. Mr. Ang then handed the floor to his international colleague Marie Guiraud. She announced that she would present Written Records of Interviews of women who had been forced to marry or recounted the stories of those who were forced to. She recounted the stories of people who did not dare to object to get married,[44] who escaped an attempt to be raped,[45] who saw the imprisonment of close relatives (in this case a younger sister who refused to consummate the marriage), [46] and of a person who disappeared because “he was not in love with his wife”.[47]
She read out the Written Records of Interviews of women who were married in mass ceremonies, [48] the refusal of Khmer Rouge leaders to let them marry someone they had agreed to marry and the subsequent marriage to someone else,[49] as well as the story of a woman who was married to a blind man who was 19 years older than her who she could not divorce, because she had no family to rely on. [50] The Written Records of Interviews described their feelings and the emotional impacts the marriage had on their life. The names of the Civil Parties were Keo Theary, Nget Chat, Mech Nhanh, Sorm Vanna, Ly Lonn, Chech Sopha, and Khet Sokhan. With this, Ms. Guiraud concluded her presentation, pointing out that they were still preparing the verifications of Written Record of Interview. They reserved the right to present Civil Party Applications and Written Records of Interviews in the session on impact.
The Presiding Judge Ya Sokhan adjourned the hearing. It will resume on Thursday, September 8 2016 at 9 am.
[1] E3/4202. Behind de Killing Fields, Chapter: the New World Order. 00849377-78 (FR), pages 29-30 (FR), p. 41 (EN).
[2] E3/20, and E3/9365 When the War Was Over, at 00237763 (FR) p. 58. 00638835 (FR), 00232074 (KH).
[3] E3/1586, at 00079813 (EN), 00617795 (FR).
[4] E3/1385, Note from the Ministry of Foreign Affairs to the United Nations Secretary General, 22 April 1978, 00771216 (KH), 00235727 (EN), 00235736 (FR).
[5] E3/215,at 00524093 (EN)
[6] E3/7233R.
[7] E3/290, October 1977.
[8] At IV: Concerning the Need to Continue to Strengthen and Building our Population; 00063054 (KH), 00491435 (EN), 00504063 (FR).
[9] E3/686, Report of the BBC: Interviews with a Democratic Kampuchea Leader, 1981, at S00644682 S00030349 (EN), S00599792 (FR).
[10] E3/562, Statement by Khieu Samphan, Phnom Penh Rally Marks, at 00280381-82 (FR), S00010565 (EN), 00249991 (KH).
[11] E3/16, 00380467 (KH), 00498284 (EN), 00643891 (FR).
[12] Philip Short, History of a Nightmare, E3/9, at 00396533-34 (EN), 00639883 (FR). E3/10. 00063104 (KH), ending at 38-39 (EN), 00491905 (FR); E3/138, at 00442457 (KH), 00743806-07 (EN), 00721097 (FR).
[13] E3/750, Revolutionary Youth, November 1975 Destroying Individual and Personal Property, at 0063614-15 (KH), 00522460 (EN), 00525856 (FR).
[14] E3/775. 00417942-42 (EN), 00593929 (FR); 00417944 (EN), 00593931 (FR); 00417943 (EN), 00593930 (FR).
[15] E3/765, Revolutionary Youth Flag, Taking Care to Assimilate the 12 Points, 0053 00376493-94 (KH), 00540024-25 (EN)
[16] E3/732, ending at 26-27 (FR), 00064309 (KH), 00392451 (EN).
[17] E3/681.
[18] E3/1094. E3/1092, at 00289924.
[19] E3/1094, at 00315373.
[20] E3/2060, at 00292906 (FR), 00294968 (KH), 00078662 (EN).
[21] E3/20; E3/9365.
[22] p 267; p 254
[23] E3/2818, 90-91 (EN), 00836378-79 (FR), 00791304-05 (KH) .
[24] E3/7906, 19 January 1986, at 00857626-28 (FR), 00711584-86 (EN), 00850689-92 (KH).
[25] E3/3993, Khieu Samphan and the Khmer Rouge, 00751347-49 (FR); 00922106 (EN), 00923051 (KH).
[26] E3/2813, Norodom Sihanouk, 00632843-44 (KH), 00632939 (EN), 00395353 (FR).
[27] E3/9820. Reap Sokhon
[28] E3/9000
[29] E3/9587.
[30] E3/9821.
[31] E3/10620.
[32] E3/9833, answers 205-228.
[33] E3/5035; E3/9575; E3/9651; E3/9823; E3/9808.
[34] E3/5035, 00342208 (FR), 00349554-55 (KH), 00345228 (EN); 00342203-04 (KH), 00345541-42 (EN), 00349538-40 (FR).
[35] E3/9575; answers 65-82.
[36] E3/3146, Bridgette Toy-Cronin, at 00449488 and 84, 95 (EN), 00630485-86, 98(FR), 00721381, 04 (KH)
[37] E3/5712, at 00829765 (EN), 00419576 (FR), 00816529-30 (KH)
[38] E3/4202, Teth Sambath, Gina Chon, pp. 28-29 (FR).
[39] At 01320626-27 (EN)
[40] E3/6248a, at 00584540 (KH), 01190884-85 (EN).
[41] E3/6692a, at 00580939 (KH), 00190947 (EN), no French translation; E3/6293, at 012530362-63 (KH), 40-41 (EN), 01298030 (FR); E3/6229a, at 00584450-01 (KH), ending at 08 (EN); E3/6248a, at 00584540 (KH), 01190884-85 (EN); E3/6344a, at 00580563 (KH), 00861829 (EN), 00954950 (FR); E3/5029, at 00562321 (KH), 01001493 (EN), 00933692 (FR); E3/5986a, at 00581880-81 (KH), 01219986-87 (FR); E3/6145a, at 00580374 (KH), 01184679 (EN); E3/6212, at 00523436-37 (KH), 01301220-21 (FR), no English translation.
[42] E3/6692a, at 00580939 (KH), 00190947 (EN), no French translation; E3/6083a, at 00581229 (KH), 01308638 (FR).
[43] E3/6293, at 012530362-63 (KH), 40-41 (EN), 01298030 (FR).
[44] E3/4962.
[45] E3/9790, D22/2152.
[46] E3/9786, at answer 134.
[47] E3/9825; E3/9769.
[48] E3/9831.
[49] E3/9662
[50] D22/1261
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