Im Chem has long lived in fear that the Khmer Rouge tribunal
would come to her placid village and detain her. But this week, the
feeling is particularly palpable.
On Thursday, hundreds of kilometres away in Phnom Penh, senior regime
leaders Nuon Chea and Khieu Samphan were found guilty of crimes against
humanity and sentenced to life in prison.
Chem, who is being investigated as part of the government-opposed
Case 004, is considered by prosecutors at the UN-backed court as one of
five people beyond the senior leadership “most responsible” for the
crimes of the ultra-communist regime.
During the Khmer Rouge’s bloody reign, she is alleged to have led
internal purges and presided over the deaths of tens of thousands. She
is worried that the tribunal is moving closer to indicting her.
Villagers gather at a pagoda in Anlong Veng to watch the sentencing of Nuon Chea and Khieu Sampan
Charlotte Pert
“We want to hear the exact words from the court that they are
stopping and will not deal with any more cases, so that we can live with
happiness in our minds,” she says, before offering a grim, but
fanciful, warning.
“But if they still continue, it could make the Khmer Rouge come back
again. And more problems will come in the future, because it will affect
all [former] Khmer Rouge that are living around the country.”
While the 72-year-old has a legitimate reason to believe she may one
day see the inside of a courtroom, her words reflect the feelings of
many former cadres in Anlong Veng, where the last hard-line communist
soldiers ceremonially changed into government army uniforms in early
1999 – marking the end of the civil war and the Cambodian communist
movement.
Although the tribunal has made it clear that they are only going
after high-ranking regime officials, lower-level former cadre here are
still beset by fear that if the court pushes on, they could be
implicated.
“They are so scared. They don’t want the court to continue to other
cases, because they are afraid that one day the court will come to
arrest them,” says Yim Phanna, the governor of Anlong Veng since 2006
and a former guerrilla commander who led mass defections to the
government in March 1998.
Anlong Veng has been the beneficiary of swathes of government
development funds since the war ended, and Phanna says people here –
some of whom were jungle fighters for almost 30 years – want to look
towards a prosperous future, rather than a war-torn past.
People
digging a water canal under the guard of an armed Khmer Rouge soldier
in Battambang in 1976. Courtesy of the documentation center of cambodia
via AFP
“I think I support this verdict, [but] now it should stop. Don’t waste the money.”
Sang Sa Roeung, who guides tourists around the derelict house of his
former boss, Ta Mok, the notorious zone leader known as “the butcher”,
who died in 2006 before he could go to trial, takes a less conciliatory
approach.
Leaning on a hut at the entrance to the site, his prosthetic leg
peeking out from the bottom of his trousers, Sa Roeung says the verdict
against Chea and Samphan has left him “heartbroken”, because all the
Khmer Rouge leaders did was try to save the nation from Vietnamese
imperialism.
“I am still wondering why the international judge did not listen to
their [arguments], because they said yuon [a term for Vietnamese
considered derogatory by many] were killing Khmer,” he says, as a group
of beer-swilling men seated behind him nod in agreement.
He calls for the court to be shuttered, because he believes it will
come after men like him if it pursues further cases, such as that
involving Chem.
Chem is one of three individuals targeted for prosecution as part of
Case 004. With fellow suspect Ta Tith, she is accused of being part of a
joint criminal enterprise “to purge the Northwest Zone and execute all
perceived enemies of the DK [Democratic Kampuchea] regime”.
Chem served as the head of Preah Net Preah district, in the Northwest
Zone, from June 1977 – when the purges began – until the fall of the
regime.
As part of this role, Chem is believed to have run the Phnom Trayoung
security centre, where an estimated 40,000 people died from starvation,
overwork and executions.
While Case 002/02, involving Chea and Samphan, will only start
evidentiary hearings later this year and is likely to take years to
adjudicate, Chem, unlike other suspects in Cases 003 and 004, appears to
be healthy.
In years to come, if these cases ever get off the ground – which most
observers believe will not happen due to the government’s vociferous
opposition – she could be alive and fit for trial.
When Post Weekend visited her house on the outskirts of Anlong Veng
town on Thursday afternoon, Chem had just returned from her daily ritual
of planting crops a kilometre away.
With a wide smile, she explained that despite her age, she always rides a bicycle back and forth.
When the subject of the accusations against her are brought up, her
face darkens. Conditions at Phnom Trayoung under he watch are said to
have been brutal.
“I deny all the accusations against me. I was doing the same as other
normal people during that time. Three of my kids also died,” she says,
speaking louder, as two of her grandchildren scuttle around and hug her
legs.
“During that time, what we did was try to protect the nation. We
tried to help people live in happiness. And in Trapeang Thma [the
regime’s largest irrigation project and a crime site in Case 004], I
came late, so I don’t know about the people who were killed [there]. I
just urged people to do farming.
“Why are they accusing us of crimes against humanity?”
Sitting on a wooden bench underneath her stilted house, Chem starts to
get more agitated. On the wall behind her is a Cambodian People’s Party
election poster from last year bearing the smiling face of Prime
Minister Hun Sen beaming down on new roads and development projects.
“If they want to continue with the other cases, it seems like they
want to bring Cambodia back into civil war,” she says, noting the fact
that the premier has made the same argument.
In February 2012, Chem was visited and notified about the
investigation by the tribunal’s then international co-investigating
judge, Laurent Kasper-Ansermet.
While the case continues to be stalled in its investigative phase and
is subject to deep divides between Cambodian and international
investigators as to whether it should be pursued, Chem has recently been
assigned two lawyers, who she says have visited her once and made her
feel better about the case.
While she did not want a foreign lawyer, her Cambodian lawyer, Bit
Seanglim, said the court would not recognise him if she did not have
one, she says.
She no longer wants to talk to the media about the allegations.
Sang Sa Roeung, who fought under brutal Khmer Rouge leader Ta Mok
Charlotte Pert
“I have denied the accusations against me since the beginning...I
cannot accept [them]. So if the court asks me about this, I will refer
them to talk to my lawyers.”
Chem exhorts the families of victims who want her to go on trial to
think about their own elderly mothers, and what it would be like for
them to be detained at the court.
She is haunted by the idea of her family watching her dragged away and put in the dock.
“I have said again and again, I will not go to the court at all, even
[if] people from the court come to arrest me. I have done nothing
wrong, so why do I need to go to the court?”
Nuon Chea and Khieu Samphan were sentenced to life on Thursday but face a second trial. The allegations in Case 002/02 include:
• Genocide against the Cham and the Vietnamese
The prosecution will argue that the number of Chams killed relative to
the overall population demonstrates that the regime aimed to eradicate
their religion. To preserve the purity of their society, the Khmer
Rouge ordered the removal of all Vietnamese nationals. This meant either
sending them back to Vietnam or extermination.
• Forced marriages and rape
An integral policy employed by the Khmer Rouge in an attempt to remould
society into an agrarian and classless body was forced marriage. This
included rape and was widespread.
• Internal purges
A wave of executions from the top to the bottom of the Khmer Rouge ranks
began in earnest in 1977. Many arrests were made based on names handed
over by prisoners while they were being tortured.
• S-21 Security Centre, Kraing Ta Chan Security Centre, Au Kanseng Security Centre and Phnom Kraol Security Centre
While Kaing Guek Eav or ‘Duch’, chief of the notorious
school-turned-prison S-21, where some 14,000 died, was jailed for his
crimes in 2010, there were detention centres throughout the country
where similar atrocities took place.
• 1st January Dam Worksite; Kampong Chhnang Airport Construction site, Trapeang Thma Dam Worksite
In order to establish an agrarian society the Khmer Rouge forced people
to work under harsh conditions, including long hours without break. None
were exempt, not even pregnant women. Nuon Chea and Khieu Samphan were
reportedly seen visiting these sites.
• Treatment of Buddhists (limited to Tram Kok Cooperatives)
Leading up to the rule of the Khmer Rouge, all religion was banned.
Buddhist monks were sent to Tram Kok where they were forced to disrobe
and prohibited from taking part in any religious ceremonies, including
funeral ceremonies and lighting of incense.
• Targeting of former Khmer Republic Officials
During the Khmer Rouge rule, former Khmer Republic officials or those
suspected of having connections with officials were scrutinised in the
fields, with those speaking out against the CPK disappearing. In Tram
Kok, a document with the names of 11 former Lon Nol officers was found.