How did Phung Ton die?

by robbie | June 1, 2010 11:25 am

Pic­tures of Tuol Sleng detainees before they were exe­cut­ed. (Tim Page/Corbis)

PHNOM PENH, Cam­bo­dia – On a Sun­day morn­ing in March 1975, Phung Ton, one of Cambodia’s most esteemed aca­d­e­mics, packed his bags and pre­pared to fly from Phnom Penh to Gene­va, Switzer­land, under dif­fer­ent cir­cum­stances a quite unre­mark­able trip. The 54-year-old, a for­mer rec­tor of the Uni­ver­si­ty of Phnom Penh who had held a series of gov­ern­ment posts, was no stranger to offi­cial busi­ness abroad – the all-day con­fer­ences, the din­ners with dig­ni­taries, the nights alone in opu­lent hotels. He was used to being sep­a­rat­ed from his wife and chil­dren for weeks at a time.

Dur­ing that spring, how­ev­er, unre­mark­able endeav­ours were com­pli­cat­ed by the ongo­ing civ­il war between the Lon Nol gov­ern­ment and com­mu­nist insur­gents. Armed clash­es were fast clos­ing in on the cap­i­tal. In the hours before Phung Ton was to fly out, sev­er­al rounds of aer­i­al bom­bard­ments struck not far from Pochen­tong Air­port. His air­line, Air Cam­bodge, instruct­ed pas­sen­gers to gath­er at its office near Cen­tral Mar­ket, from which they would be escort­ed to their flights under tight secu­ri­ty rather than dri­ve to the air­port themselves.

Im Sun­thy, his wife of 20 years, opt­ed not to go with him. They bade farewell at their house, a vil­la near the Inde­pen­dence Mon­u­ment in the city cen­tre. She mas­saged his back as he lay face down on their bed, and when he had gone she holed up in his office, where she wait­ed for his call from Bangkok to inform her that he had exit­ed the coun­try safely.

I was wait­ing for his call until sev­en pm, and final­ly he called me,” she recalled, 34 years lat­er. He told her to look after her health, and not to send the chil­dren to school if the inten­si­ty of the shelling increased. “He said I should observe the sit­u­a­tion and make a deci­sion accord­ing­ly as to whether the chil­dren should be sent to school or not.” After a few min­utes, she cut him off. “I did not want him to waste mon­ey on the tele­phone bill, because we were strict about expens­es.” That would be their last conversation.

One month lat­er, the insur­gents cap­tured Phnom Penh two weeks after the res­ig­na­tion of Lon Nol, a gen­er­al who had come to pow­er in 1970 by over­throw­ing then Prince Norodom Sihanouk.

It was Sihanouk who gave the com­mu­nists their now infa­mous appellation—the Khmer Rouge, Red Khmer in French—and used repres­sive tac­tics to force them under­ground in the 1960s. Fol­low­ing his over­throw, how­ev­er, the move­ment ben­e­fit­ed from the inep­ti­tude of the Lon Nol gov­ern­ment, which was wide­ly viewed as cor­rupt and bent on pre­serv­ing a feu­dal­ist social order that sep­a­rat­ed a small group of urban elites from a nation of impov­er­ished farmers.

As with oth­er com­mu­nist move­ments, the Khmer Rouge were head­ed main­ly by teach­ers and writ­ers, some of whom had first been exposed to Marx­ism-Lenin­ism while study­ing in Paris in the 1950s. Their Broth­er No 1, Saloth Sar, alias Pol Pot, sought to turn the clock back to ‘Year Zero,’ by which he meant abol­ish­ing reli­gion and cul­ture as well as any trace of moder­ni­ty. In this regard, his rev­o­lu­tion can be seen as a rejec­tion of both the past and the future in favour of a present mod­elled exclu­sive­ly on his own principles.

Top cadres preached self-suf­fi­cien­cy, call­ing for a mode of extreme col­lec­tivi­sa­tion that had at its core a net­work of mas­sive irri­ga­tion projects built on the backs of peas­ants. What they put into prac­tise, how­ev­er, was a regime notable for its cru­el­ty, its eco­nom­ic fol­ly and, final­ly, its appar­ent eager­ness to devour those very peas­ants who had been promised they would pros­per dur­ing its rule. After sum­mar­i­ly exe­cut­ing offi­cials and sol­diers aligned with Lon Nol, they redis­trib­uted the pop­u­la­tion into a net­work of labour coop­er­a­tives and attempt­ed to bring their vision of agrar­i­an utopia to life, while cut­ting them­selves off from the out­side world and West­ern cul­tur­al influence.

When it became clear that his goals were unre­al­is­tic, the ever-para­noid Pol Pot assumed the exis­tence of an inter­nal plot against his Com­mu­nist Par­ty of Kam­puchea, and filled its pris­ons with cadres who had, often unfair­ly, been brand­ed ene­mies. Once incar­cer­at­ed, they endured tor­ture rang­ing from rat­tan stick beat­ings to suf­fo­ca­tion to more extreme abus­es. In one pro­ce­dure, called the Vic­to­ry Pole, four detainees were tied around a pole, all fac­ing out­ward, and a guard shot one in the head, leav­ing the oth­er three spat­tered in brains.

After writ­ing ‘con­fes­sions’ that affirmed Pol Pot’s sus­pi­cions, many were exe­cut­ed at the ‘killing fields,’ often by the blow of a farm­ing tool to the back of the head. At the Choe­ung Ek killing fields out­side Phnom Penh, babies born to cadres who had fall­en out of favour were swung by the legs and smashed into trees.

Mean­while, peas­ants every­where died of star­va­tion, over­work and—because near­ly all the doc­tors had been killed— dis­ease. All told, near­ly two mil­lion Cam­bo­di­ans per­ished, rough­ly a quar­ter of the pop­u­la­tion when the regime came to power.

The ques­tion of how the Khmer Rouge so effec­tive­ly turned Cam­bo­dia against itself has, not sur­pris­ing­ly, been the sub­ject of much debate in the three decades since they were run out of the cap­i­tal. Var­i­ous the­o­ries point to the cul­pa­bil­i­ty of com­mu­nist ide­ol­o­gy, Amer­i­can involve­ment in the Viet­nam War and pure, unadul­ter­at­ed evil, but, ulti­mate­ly, answers are elusive.

So are answers to anoth­er ques­tion: who bears respon­si­bil­i­ty for their atroc­i­ties? Until Feb­ru­ary 2009, when the Khmer Rouge tribunal’s first trial—that of Kaing Guek Eav, alias Duch, the regime’s top prison chief—opened in Phnom Penh, not one senior leader had been made to answer for his or her crimes in a court of law.

****

The estab­lish­ment in 2006 of the Extra­or­di­nary Cham­bers in the Courts of Cam­bo­dia, a hybrid court tasked with pros­e­cut­ing senior regime lead­ers and “those most respon­si­ble” for Khmer Rouge crimes, was hailed by its archi­tects as a cru­cial step towards erad­i­cat­ing the much-maligned “cul­ture of impuni­ty” that per­vades the coun­try today. Along with cor­rup­tion and free speech restric­tions, the cur­rent gov­ern­ment of Prime Min­is­ter Hun Sen, a for­mer Khmer Rouge sol­dier who defect­ed to avoid being purged, is rou­tine­ly lam­bast­ed for its weak jus­tice sys­tem, which is per­ceived to be com­plete­ly in the hands of what the rights watch­dog Glob­al Wit­ness has termed a “klep­to­crat­ic” elite. The court has been sold to its back­ers in part for its mech­a­nism for address­ing this, as well as for advanc­ing the lofti­er, more neb­u­lous goal of nation­al reconciliation.

Until Feb­ru­ary 2009, not one senior leader had been made to answer for his or her crimes in a court of law.

From the out­set, how­ev­er, some observers have ques­tioned whether the court can pro­vide a form of so-called ‘tran­si­tion­al jus­tice’ appro­pri­ate for Cam­bo­dia. Defined as any response to sys­tem­at­ic or wide­spread vio­la­tions of human rights, the con­cept of tran­si­tion­al jus­tice includes, in addi­tion to crim­i­nal pros­e­cu­tions, memo­ri­als, repa­ra­tions pro­grammes and non-judi­cial com­mis­sions designed to estab­lish his­tor­i­cal records of atroc­i­ties rather than pun­ish those who com­mit­ted them. In South Africa, for exam­ple, the post-apartheid Truth and Rec­on­cil­i­a­tion Com­mis­sion grant­ed amnesty to near­ly 850 coop­er­at­ing petitioners.

Much crit­i­cism has con­cerned the court’s abil­i­ty to serve vic­tims. Unlike in a truth com­mis­sion, a per­pe­tra­tor tes­ti­fy­ing in a crim­i­nal tri­al such as those now unfold­ing in Cam­bo­dia is nec­es­sar­i­ly on the defen­sive, eager to deny or at least down­play his or her guilt in the hope of secur­ing an out­right acquit­tal or a mit­i­gat­ed sen­tence. This almost invari­ably com­pli­cates a court’s fact-find­ing mis­sion, some­thing that is par­tic­u­lar­ly true at the Khmer Rouge tri­bunal, where all five accused pre­sum­ably know far more about the regime and its oper­a­tions than lawyers, judges and wit­ness­es. More­over, because the fate of the accused hangs in the bal­ance, the focus in a crim­i­nal tri­al is shift­ed to his or her actions and state­ments, and away from the tes­ti­mo­ny of those whose suf­fer­ing is osten­si­bly being acknowledged.

Tri­bunal scep­tics seem to have only been buoyed by the Duch tri­al, which con­clud­ed in Novem­ber and is await­ing ver­dict. Dur­ing near­ly six months of hear­ings last year, vic­tims watched from the pub­lic gallery as the accused, sit­ting in the dock behind a wall of glass, offered a ver­sion of his role in Pol Pot’s secu­ri­ty divi­sion that came across to many as abridged and self-serv­ing. Those expect­ing a full account­ing had to set­tle instead for an awk­ward mar­riage of remorse and pro­fessed igno­rance of the spe­cif­ic crimes— tor­ture, killings, vivisections—he alleged­ly over­saw. As the case entered clos­ing argu­ments, Nic Dun­lop, the pho­to­jour­nal­ist who in 1999 dis­cov­ered Duch a few years after he had defect­ed, lament­ed the extent to which the prison chief had been per­mit­ted to dom­i­nate the pro­ceed­ings at the expense of his vic­tims. “There was an expec­ta­tion raised,” he told me. “The [vic­tims] believed that they would be able to look this man in the eye and final­ly ask him direct ques­tions about their loved ones and expe­ri­ences. Some had that chance. But these peo­ple were wait­ing for what was to be their day in court. Not Duch’s day, but theirs.”

****

For Phung Ton’s fam­i­ly, the Khmer Rouge rev­o­lu­tion began qui­et­ly. In com­pli­ance with a round-the-clock cur­few, Im Sun­thy and her chil­dren spent the morn­ing of 17 April 1975 in their grandfather’s vil­la, which was locat­ed on the same com­pound as theirs.

Phung Sun­thary, the old­est child and only daugh­ter of Phung Ton and Im Sun­thy, remem­bers stand­ing in the front win­dow watch­ing sol­diers and civil­ians pass by. All of them, even the defeat­ed Lon Nol troops, were jubi­lant­ly cel­e­brat­ing the Khmer Rouge vic­to­ry and the end of the civ­il war.

Two of her younger broth­ers ran out to join the crowds cheer­ing the tanks and trucks as they rolled down Norodom Boule­vard. Despite pre­dic­tions of a blood­bath, the scene was rel­a­tive­ly calm, with some of the Lon Nol sol­diers set­ting their guns in piles and obey­ing the con­quer­ing army’s orders.

By mid-morn­ing, how­ev­er, the mood had turned. The sound of gun­fire resumed. Sol­diers in the streets were joined by fam­i­lies who had been forced from their homes and ordered to leave the city.

A Khmer Rouge sol­dier came to the win­dow and told us to get out of the house,” Phung Sun­thary recalled. “We didn’t know where they want­ed us to go. So we put some clothes in a bag and left.”

Along with near­ly every oth­er res­i­dent of Phnom Penh, includ­ing hos­pi­tal patients kicked out of their beds, the more than 30 mem­bers of Sunthary’s fam­i­ly began march­ing to the city’s out­skirts. The fam­i­ly was even­tu­al­ly bro­ken up and sent to var­i­ous provinces to be inte­grat­ed into com­mu­ni­ties com­posed main­ly of ‘base peo­ple,’ the rur­al peas­ants who were to assume lead­er­ship roles in the new soci­ety. As Phnom Penh natives, Phung Ton’s rel­a­tives were ‘April 17 peo­ple,’ the ide­o­log­i­cal­ly sus­pect urbanites.

The April 17 peo­ple faced more tax­ing liv­ing con­di­tions and were giv­en more stren­u­ous jobs than their rur­al coun­ter­parts, part of an effort to crush the for­mer group’s ‘bour­geois’ ten­den­cies. Im Sun­thy, who had pre­vi­ous­ly worked as a school­teacher, was tasked with fetch­ing water from a near­by riv­er for the kitchen of her work coop­er­a­tive. This con­sumed much of her days.

And when there was no food,” she recalled, “we talked about eat­ing chick­en with some kind of gin­ger sauce. After they heard that we were talk­ing about this with our chil­dren, we were tak­en to be re-edu­cat­ed, and we were warned not to ever speak about eat­ing bour­geois food like that.”

One day, one of her sons who had been allowed to stay with her was spot­ted try­ing to catch a fish to sup­ple­ment his dai­ly ration. “After my child com­mit­ted that alleged wrong­do­ing and was warned and pun­ished, I was called to ‘build myself.’ I didn’t under­stand the words ‘build­ing myself.’ I was told to sit down on the paddy’s dyke, and I was told that I was a lib­er­al per­son. I was ill-dis­ci­plined. I had grown used to liv­ing in the city.”

Her daugh­ter, Sun­thary, was assigned to one of the regime’s female ‘mobile work units,’ which trav­elled among farm­ing coop­er­a­tives and irri­ga­tion project sites. Her life was dif­fi­cult but endurable. “Star­va­tion, forced mar­riage, these kinds of things I could escape,” she said. “Luck­i­ly, I could avoid being raped.”

But she was not entire­ly free from anx­i­ety. Towards the end of 1977, she saw visions of her father, who’d been saved by his flight to Europe, one night as she slept. “I had a vivid night­mare, and I saw my father. His body was swollen. I could not see his face. He was speech­less, and I did not know why he did not say any­thing.” The visions stayed with her, and she even­tu­al­ly asked her unit chief if she could trav­el to vis­it her fam­i­ly. When she arrived she told her grand­moth­er about the night­mare. “I was afraid my father was in big trou­ble because I had seen him in the dream and he was not in good shape,” she said. Her grand­moth­er, who, like every­one else in the fam­i­ly, had heard noth­ing from Phung Ton, calmed Phung Sun­thary down and instruct­ed her to return to the work unit. It would be sev­er­al years before she learned that hers was a dream from which there would be no waking.

I don’t know what to expect back home, but I want to return there, if only to be reunit­ed with my fam­i­ly, because I have not heard from them in nine months,” Phung Ton wrote in a farewell let­ter to a friend in Paris as he pre­pared to return to Cam­bo­dia in Decem­ber 1975. Instead of call­ing him home right away, the new regime had, in May of that year, tem­porar­i­ly trans­ferred him from Gene­va to Paris, where he had been liv­ing in a stu­dio apart­ment in the 13th arrondissement.

Phung Ton appeared to have lit­tle inter­est in com­mu­nism, hav­ing assumed sev­er­al civ­il ser­vant posts under Lon Nol, whose fierce anti-com­mu­nism earned him Amer­i­can back­ing. In the spring of 1975, how­ev­er, he wrote in a let­ter of how he had decid­ed while in Europe to join the Nation­al Unit­ed Front of Cam­bo­dia (FUNK), a move­ment opposed to Lon Nol and pur­port­ed­ly led by Sihanouk. (In fact, this was a ruse used by the high­ly secre­tive Khmer Rouge to con­ceal their true leadership.)

The let­ter sug­gests that this deci­sion was not prompt­ed by any change in his views but rather by a care­ful read­ing of the polit­i­cal winds. “I have many Cam­bo­di­an friends, and almost all of them have advised me to join the FUNK,” he wrote. “I have heed­ed their advice, and have request­ed to join the FUNK. I had no choice, as you know.”

That same let­ter refers to “rumours con­cern­ing the forced evac­u­a­tion of Phnom Penh” that were cir­cu­lat­ing among the many Cam­bo­di­an civ­il ser­vants, stu­dents and diplo­mats liv­ing in Paris in 1975. Des­per­ate for news of their fam­i­lies, and no doubt com­fort­ed by Sihanouk’s pres­ence at the head of the FUNK, many pushed these rumours out of their minds and heed­ed the Khmer Rouge call to return and rebuild the coun­try. Phung Ton joined their ranks in Decem­ber 1975, trav­el­ling via Bei­jing and arriv­ing in Phnom Penh on Christ­mas Day.

Lit­tle is known about what hap­pened to him after that. His Khmer Rouge pris­on­er biog­ra­phy states that he was sent to the prison camps K‑5 and K‑6 upon his arrival. Both housed intel­lec­tu­als who had returned from abroad. “He had con­flicts with oth­ers and the Cen­tral Com­mit­tee,” the biog­ra­phy states, though there is no elab­o­ra­tion. Then, in Decem­ber 1976, he entered Tuol Sleng, or S‑21, the Phnom Penh prison that would become the sin­gle most potent sym­bol of Khmer Rouge brutality.

A con­vert­ed high school, Tuol Sleng was run by Duch, a for­mer maths teacher whose effi­cien­cy betrayed both metic­u­lous­ness and unbri­dled rev­o­lu­tion­ary zeal. Dur­ing the regime years, it housed an elite sub­sec­tion of the regime’s socalled ene­mies: intel­lec­tu­als, West­ern­ers, Viet­namese pris­on­ers of war and—by far the dom­i­nant group—high-ranking cadres who Pol Pot believed had turned against him. Upon arrival, they were processed at a cen­tral admin­is­tra­tion and archives build­ing, in which their pho­tographs were tak­en and their basic bio­graph­i­cal infor­ma­tion record­ed, before being sent to one of four main deten­tion halls. Inter­ro­ga­tion hous­es were locat­ed just out­side the entrance, while the bur­ial ground was locat­ed behind the deten­tion halls— that is, until the body count became so high that Duch felt com­pelled to estab­lish the Choe­ung Ek killing fields some 15 kilo­me­tres away.

Two things set Tuol Sleng apart from oth­er secu­ri­ty cen­tres admin­is­tered by the San­te­bal, the Khmer Rouge secret police. The first is that it was the hub of secu­ri­ty oper­a­tions, hous­ing pris­on­ers from through­out the coun­try who were viewed as too impor­tant to be detained in the provinces. And the sec­ond is that it is by far the best­doc­u­ment­ed cog in a sprawl­ing deten­tion machine. When the Viet­namese defeat­ed the Khmer Rouge and over­took Phnom Penh, Duch did not have time before flee­ing to dis­pose of the exten­sive records his staff had accu­mu­lat­ed, and many of them—including thou­sands of pris­on­er mug shots—are now avail­able for perusal at the Tuol Sleng Geno­cide Museum.

The his­to­ri­an David Chan­dler has dubbed Tuol Sleng “an ante­room to death,” a point dri­ven home even more so by these mug shots than by the graves in the court­yard, the impos­si­bly small brick cells or the beds to which pris­on­ers were chained. Near­ly all of them show a Cam­bo­di­an wear­ing black pyja­mas, the rev­o­lu­tion­ary uni­form, star­ing straight into the cam­era. Smil­ing girls are next to frown­ing old men are next to sob­bing lit­tle boys are next to moth­ers hold­ing chil­dren, and the only thing that con­nects the images is the fact that, even before the flash came, the fate of their sub­jects was sealed. Only ten or so of the esti­mat­ed 16,000 Tuol Sleng pris­on­ers made it out alive.

The last doc­u­ment that men­tions Phung Ton, dat­ed 6 July 1977, states that he had been suf­fer­ing from numb­ness, fatigue, and unspec­i­fied heart and res­pi­ra­to­ry prob­lems. There is a chance he would have been con­sid­ered impor­tant enough to receive med­ical care, but this almost sure­ly would not have been help­ful; the ‘medics’ at Tuol Sleng were chil­dren with no train­ing who gave rab­bit pel­lets to sick pris­on­ers or drew blood from them, some­times so much they died on the spot.

By July, he would have been incar­cer­at­ed for near­ly sev­en months, an exceed­ing­ly long time at a facil­i­ty from which most pris­on­ers were trans­port­ed to the killing fields right after their con­fes­sions were com­plet­ed. This lends cre­dence to the the­o­ry that he was not tor­tured and exe­cut­ed but instead suc­cumbed to his ill­ness­es. All Sun­thy and Sun­thary know for sure is that he died.

For a while they didn’t even know that. After return­ing to Phnom Penh in 1979, they dis­cov­ered that, mirac­u­lous­ly, every oth­er mem­ber of the imme­di­ate fam­i­ly who had been in Cam­bo­dia when the Khmer Rouge came to pow­er had survived.

The fam­i­ly heard a series of rumours, includ­ing that Phung Ton had been spot­ted head­ing towards Siem Reap in the sum­mer of 1979, and that he had been work­ing at a tech­ni­cal insti­tu­tion of some kind in the cap­i­tal. As they went about rebuild­ing their lives, they held out hope that he would return. More improb­a­ble reunions were occur­ring all around them.

One evening lat­er that year, they stopped to buy some palm sug­ar while walk­ing home from their jobs at the Phnom Penh port. The ven­dor, Sun­thary recalled, wrapped it in a strip of paper that caught their atten­tion because it had writ­ing on it—the first writ­ing they had seen since 1975 due to Pol Pot’s pub­lish­ing blackout.

Sun­thary dis­cerned it was a list, with accom­pa­ny­ing pho­tographs, of peo­ple who had been killed at Tuol Sleng,

After I unwrapped the piece of paper more,” she recalled, “I saw a snap­shot of my father along with some oth­er vic­tims’ pho­tos, and under his pho­to his name was writ­ten. But I could not believe that it was his pho­to. We didn’t know that peo­ple had been killed every­where. But when I saw that piece of paper, then I realised the exis­tence of S‑21.”

****

Almost imme­di­ate­ly after Dun­lop found him, Duch, a con­vert­ed Chris­t­ian, expressed a will­ing­ness to dis­cuss the hor­rors of the Khmer Rouge years, and seemed resigned to the fact that his own mis­deeds at Tuol Sleng would one day be aired pub­licly. “It is God’s will that you are here,” he said at the time. “Now my future is in God’s hands.”

Ten years lat­er, on the first day of sub­stan­tive hear­ings in his tri­al, he deliv­ered a lengthy con­fes­sion and apol­o­gy. “I would like to apol­o­gise to all sur­viv­ing vic­tims and their fam­i­lies who were mer­ci­less­ly killed at S‑21,” he said. “I say that I am sor­ry now, and I beg all of you to con­sid­er this wish: I wish that you would for­give me for the tak­ing of lives, espe­cial­ly women and chil­dren, which I know is too seri­ous to be excused. It is my hope, how­ev­er, that you would at least leave the door open for forgiveness.”

Duch’s tri­al came first part­ly because of his appar­ent can­dour. The oth­er four lead­ers detained at the tribunal—Brother No 2 Nuon Chea; Head of State Khieu Sam­phan; For­eign Min­is­ter Ieng Sary; and his wife, Social Action Min­is­ter Ieng Thirith—have refused to apol­o­gise or coop­er­ate with inves­ti­ga­tors, remain­ing defi­ant despite the exten­sive evi­dence against them. A speedy con­vic­tion of Duch, observers argued, would sure­ly be the quick­est way to present Cam­bo­dia with some scrap of jus­tice, how­ev­er overdue.

Sun­thy and Sun­thary were among the 90 direct or indi­rect vic­tims allowed to join the case as civ­il par­ties, mean­ing they were giv­en legal rep­re­sen­ta­tion as well as a chance to testify.

Sun­thy went first. Because she had found the pro­ceed­ings to be emo­tion­al­ly dis­tress­ing, at one point faint­ing in the pub­lic gallery when a pho­to­graph of a detainee’s blood­ied corpse was placed on a pro­jec­tor, a med­ical atten­dant sat beside her, and she kept her state­ment brief.

Then it was Sunthary’s turn. She expand­ed some­what on the char­ac­ter sketch giv­en by her moth­er, but the objec­tive of her state­ment was to elic­it the infor­ma­tion both women were seek­ing. “I have heard the tes­ti­monies of the expert wit­ness­es, the tes­ti­mo­ny of the accused, the lies, the excus­es. And I can see that the accused has tried to avoid respond­ing to some par­tic­u­lar ques­tions,” she said. “Until now, I have not yet obtained the infor­ma­tion relat­ing to my father’s fate.”

She told the court that she had three ques­tions she wished to put to Duch, adding, “If the accused still does not want to respond to these ques­tions, then I think it is bet­ter if he nev­er again says he is remorseful.”

She asked her first ques­tion: “Who made the deci­sion to kill my father on the 6th of July, 1977, or a lit­tle bit after that?”

Duch, wear­ing a Ralph Lau­ren dress shirt and slacks, his cus­tom­ary court­room attire, stood up to respond. “Although I have the deep­est respect for my for­mer pro­fes­sor, I do not have any answer to that at this time, and that is the truth,” he said.

Sec­ond: “What types of tor­ture were inflict­ed upon my father?”

Duch said he didn’t know for sure, but that he believed Phung Ton had not been tor­tured at all.

Last: “Who made the deci­sion to trans­fer my father to S‑21?”

Again, Duch said he didn’t know, though he vowed to “do my best to help you in your quest for the infor­ma­tion on the fate of your father.”

He also offered, almost in pass­ing, the fol­low­ing advice: “Maybe Mam Nai is the only per­son who can actu­al­ly shed light on the exact details of his fate.”

****

Duch was refer­ring to a for­mer teacher turned rev­o­lu­tion­ary, alias Chan, who served as Tuol Sleng’s inter­roga­tor, a role for which he was per­fect­ly suited.

At well over six feet tall, Mam Nai tow­ers over the aver­age Cam­bo­di­an. He is dis­tinc­tive also for his light fea­tures, large ears and full lips. After observ­ing him inter­ro­gate pris­on­ers in one of the remain­ing Khmer Rouge strong­holds in 1990, the jour­nal­ist Nate Thay­er, who has also inter­viewed Pol Pot, told Chan­dler that Mam Nai “was the most fright­en­ing look­ing char­ac­ter” he had ever seen.

The thought that Mam Nai might pos­sess infor­ma­tion about Phung Ton’s death had occurred to Sun­thary and Sun­thy long before Duch sug­gest­ed it. Mam Nai, like Duch, had grad­u­at­ed from the Ped­a­gogy Insti­tute while Phung Ton was its direc­tor. Phung Ton signed all of the diplo­mas, so Mam Nai would almost cer­tain­ly have known who he was. And Mam Nai had fin­ished first in his class of 200, mean­ing there is a good chance the two met at some point.

By far the most promis­ing link was the fact that Mam Nai had appar­ent­ly par­tic­i­pat­ed in some capac­i­ty in Phung Ton’s inter­ro­ga­tion. His notes and sig­na­ture are on the professor’s confession.

Mam Nai, who lives with his sec­ond wife and chil­dren close to the Thai bor­der in Bat­tam­bang province, was called to tes­ti­fy as a wit­ness in July, pre­sum­ably so he could shed light on the oper­a­tions of S‑21 and Duch’s role in them. From the very out­set, how­ev­er, he made the process dif­fi­cult, at sev­er­al points opt­ing not to answer ques­tions due to self-incrim­i­na­tion concerns.

When he did answer, his respons­es seemed craft­ed to down­play his own sig­nif­i­cance with­in the secu­ri­ty sys­tem. He described him­self as “just a plain and sim­ple inter­ro­gat­ing cadre” who, while at M‑13, a prison in Kam­pong Speu province, had been tasked with plant­i­ng pota­toes and occa­sion­al­ly observ­ing Duch inter­ro­gate detainees. “Then [Duch] asked me to inter­ro­gate the less impor­tant peo­ple at night,” he said. He lat­er added that the inter­ro­ga­tion process involved mere­ly obtain­ing bio­graph­i­cal infor­ma­tion, and that he did not use torture.

This state­ment bla­tant­ly con­tra­dict­ed his own inter­ro­ga­tion note­books, which were recov­ered after Tuol Sleng closed down. In them, Mam Nai jus­ti­fied the use of tor­ture in con­cert with polit­i­cal pressure—what Duch called “play­ing politics”—to yield incul­pa­to­ry con­fes­sions. “Take their reports, observe their expres­sions,” he wrote. “Apply polit­i­cal pres­sure and then beat them until [the truth] emerges. Think­ing only of tor­ture is like walk­ing on one leg—there must be polit­i­cal pres­sure [so that we can] walk on two legs.”

Asked if he had any regrets about the 1.7 mil­lion deaths for which the regime is blamed, Mam Nai told the court, “I believe that there were some good peo­ple, and there were some peo­ple who com­mit­ted wrong­do­ings. Through my obser­va­tions, there were less good peo­ple than the bad peo­ple. So I am regret­ful for those small groups of people.”

After the judges con­clud­ed their ques­tion­ing, the floor was turned over to the civ­il par­ty lawyers. The lawyer rep­re­sent­ing Sun­thy and Sun­thary, Silke Studzin­sky, imme­di­ate­ly brought up Phung Ton. But Mam Nai con­tin­ued to deflect ques­tions, say­ing he could not remem­ber any­thing about the professor’s time at Tuol Sleng. He even­tu­al­ly con­ced­ed, fol­low­ing exten­sive prod­ding, that he con­duct­ed Phung Ton’s inter­ro­ga­tion and signed his con­fes­sion, but he said lit­tle else.

As with all wit­ness­es, Duch was per­mit­ted to respond to Mam Nai’s state­ments. He accused Mam Nai of lying, or of at least con­ceal­ing the truth.

Please, please don’t be afraid,” he plead­ed with his for­mer sub­or­di­nate. “Just tell the truth. You can­not real­ly use a bas­ket to cov­er the dead ele­phant, so don’t even attempt to do that.”

As Duch spoke, both Sun­thy and Sun­thary could be heard sob­bing from the gallery.

So when it comes to Pro­fes­sor Phung Ton,” Duch con­tin­ued, “we both admit that he was our teacher. I don’t want to elab­o­rate fur­ther on why I liked this pro­fes­sor, but I’m here to talk right before the civ­il par­ties, and the daugh­ter of my teacher. Here we are now try­ing to tell the truth of what hap­pened to him, the vic­tim, because the world and the Cam­bo­di­an peo­ple are look­ing for­ward to hear­ing the truth.”

When Duch fin­ished, Studzin­sky asked Mam Nai, once again, whether he could share any­thing about the fate of Phung Ton. Upon hear­ing the ques­tion again, Mam Nai broke down crying.

Before end­ing the ses­sion, the lead judge asked Mam Nai one last time if he could answer Sunthary’s ques­tions. “I think if I am asked to bring fur­ther infor­ma­tion,” Mam Nai respond­ed through tears, “I think it is impos­si­ble, because it’s like shoot­ing some­thing in a dark night.”

****

A few weeks after clos­ing argu­ments con­clud­ed, Sun­thary acknowl­edged being dis­ap­point­ed that nei­ther Duch nor Mam Nai had revealed more about her father, though she said Mam Nai’s con­tri­tion seemed more authen­tic. “Duch’s tears, his cry­ing, that’s a lie,” she said. “But Mam Nai’s are real tears.”

Per­haps in a one-on-one inter­view out­side of the tri­bunal, she said, Mam Nai might be will­ing to share more information.

I then told her that I planned to inter­view Mam Nai in Bat­tam­bang, and asked whether there was any­thing she want­ed me to say to him on her behalf. She said I should ask him the same three ques­tions she had posed to Duch.

While some regime fig­ures have been increas­ing­ly open to inter­views in the 12 years since Pol Pot’s death—which occurred under mys­te­ri­ous cir­cum­stances in 1998 after hold­out cadres turned against him and placed him under house arrest—Mam Nai has lim­it­ed his con­tact with jour­nal­ists. His lawyer, Kong Sam Onn, declined to give out his client’s mobile num­ber, but said he might be will­ing to speak if I showed up at his home.

West­ern Cam­bo­dia is home to all of the for­mer Khmer Rouge strong­holds, some of which remained effec­tive­ly inde­pen­dent from the gov­ern­ment in Phnom Penh until 1998, as Hun Sen worked slow­ly to con­vince for­mer cadres to defect. It was from here that Pol Pot waged his rev­o­lu­tion, and it was to here that he retreat­ed fol­low­ing his defeat at the hands of the Viet­namese. For­mer rev­o­lu­tion­ar­ies pop­u­late entire vil­lages. In many areas, they speak proud­ly of the strength their lead­ers once wield­ed even while dis­avow­ing any con­nec­tion with the poli­cies that drove their coun­try to ruin.

The trip to Mam Nai’s vil­lage, Chamkar Lhong, takes four hours by car from Bat­tam­bang town, Cambodia’s sec­ond city. His house, a red, two-storey farm­house struc­ture with a roof of blue zinc, sits at the end of the only road in Chamkar Lhong. There are banana trees out front and a chick­en coop in the back. It is the biggest house in the village.

Sit­ting near the front door when we arrived was Mam Nai’s daugh­ter-in-law, So Teavy. She said we had just missed him—he had left that morn­ing to work on a farm owned by the fam­i­ly “about 50 or 60 kilo­me­tres away.” We asked for direc­tions. She said she had nev­er been there. We asked for a num­ber for Mam Nai or any­one with him. She said no one at the farm had a phone. We told her we had a gift for her father-in-law. She smiled but said nothing.

Then an old­er woman walked over from a house down the street. “Who is this here?” she asked. I recog­nised her as Mam Nai’s wife, Khun Lak.

We iden­ti­fied our­selves. She was not pleased. “When I saw your car I thought you were my son. If I had known you were not my son I would not have allowed you into this vil­lage. All the for­eign­ers who come here just want to get more infor­ma­tion from my hus­band. But he already spoke at the court for two days! He said enough. No more infor­ma­tion. So don’t even try.”

Wor­ried she would send us away imme­di­ate­ly, I asked about a sub­ject that I thought had as a good a chance as any of elic­it­ing a response: Last year, the court announced that it intend­ed to go for­ward with inves­ti­ga­tions of at least five more Khmer Rouge lead­ers, a plan that was imme­di­ate­ly crit­i­cised by Hun Sen, who warned that civ­il war might break out.

I sup­port Hun Sen’s idea not to allow more arrests,” Khun Lak respond­ed. “It’s cor­rect. Because for the peo­ple liv­ing here along the bor­der, we’re all Khmer Rouge. Not just here, but in oth­er provinces too. So if they want to sen­tence more peo­ple, they’ll have to bring all of us to the court.

Write this down,” she added. “We are not the lead­ers. We were just at the low lev­els of the Khmer Rouge. The only rea­son we will go to the court is to be a witness.”

I enquired again about her hus­band, who I sus­pect­ed might be some­where on the prop­er­ty. I told her there were ques­tions that had gone unan­swered dur­ing his two days of tes­ti­mo­ny, specif­i­cal­ly relat­ing to Phung Ton. I said we had brought some notes from Phung Ton’s daugh­ter that she hoped would jog Mam Nai’s mem­o­ry about the death of her father.

No,” she said. “Even if you meet him, he will not talk. Or he’ll say the same things he said at the court.

I want to say the fol­low­ing to Phung Ton’s daugh­ter: You have no right to ask about that.”

And I want to say the fol­low­ing to Phung Ton’s daugh­ter. Who do you think you are? Only the court has the right to ask him. If you ask him again and again about the Khmer Rouge he will just say the same thing. It’s Ok if you come here to ask about his health or how he’s doing—he is fine. Some­times he gets sick, but he’s Ok. But about the Khmer Rouge? I want to say the fol­low­ing to Phung Ton’s daugh­ter: You have no right to ask about that.”

****

I did not think much about how Sun­thary would respond to my failed attempt at an inter­view with Mam Nai. She would view it, I assumed, as just anoth­er in a series of let-downs on a 31-year jour­ney that had yield­ed very little.

So when I broke the news over lunch, her response sur­prised me. She said noth­ing and stared at me for a few min­utes, and when I met her gaze I recog­nised some­thing I hadn’t been expect­ing: a capac­i­ty for gen­uine disappointment.

Two min­utes passed. Then she smiled, sipped her juice and said, “So, he is still afraid to talk. Do you think that maybe after the ver­dict comes in, and all of the tri­als are over, and we’re not talk­ing about the tri­bunal any­more, that Mr Mam Nai might be will­ing to talk to me about Tuol Sleng?”

I didn’t know what to say, but as I fum­bled for an answer I was hit by the para­dox of her sit­u­a­tion. Here was a woman, after all, for whom the tribunal—touted by the Cam­bo­di­an gov­ern­ment as an oppor­tu­ni­ty for “those most respon­si­ble for seri­ous crimes to be held account­able for their crimes and for the his­tor­i­cal record to be set straight”—had become just anoth­er bar­ri­er to obtain­ing the infor­ma­tion she so clear­ly needs to move on.

The orig­i­nal ver­sion of this arti­cle can be found here. Click here for the PDF.

Source URL: http://robbiecoreyboulet.com/2010/06/how-did-phung-ton-die-2/