“These stories should never be forgotten.” Forensic documentation in the Khmer Rouge trials

Hanging on the wall in Steen Holger Hansen’s office is a hunk of twisted metal.

“It’s part of a German aeroplane shot down by the Americans during World War Two,” he notes. “It was found in Southern Denmark just ten years ago, although it crashed more than 60 years ago. I wrote the death certificate for the German pilot, and he was finally buried properly.”

Dr Hansen’s office is lined with similar objects; objects that, for him, tell stories. As a forensic pathologist at the University of Copenhagen, he is in some ways a story-teller, and a historian.  His mission to Cambodia last year was of particular historical significance:  he had to find evidence of torture, evidence that victims had been brutalised by state authorities, from more than 30 years ago, during the Khmer Rouge era.

Dr Hansen took part in the forensic investigation mission to Cambodia last year as one of three health and medical experts, which included Marina Staiff of Switzerland and Pierre Duterte of France. Dr Staiff and Dr Duterte were tasked with the psychological assessment of 11 clients of the Transcultural Psychosocial Organization (TPO); Dr Hansen was there to conduct the physical examination of those clients.

The team included, from left to right: IRCT’s Head of Legal and Advocacy Miriam Reventlow; forensic psychologists Dr Marina Staiff of Switzerland and Dr Pierre Duterte of France; translator Mr Ngoun Ngoeun; and forensic pathologist Dr Steen Holger Hansen of Denmark.

When he traveled last year to Cambodia, he says, he approached the task – that of examining those claiming torture to verify their allegations – through near-endless research. He read all the books he could find on the country’s devastating history, the four years of Khmer Rouge rule from 1974 to 1979, during which half the population was killed in labour camps and through extrajudicial executions and torture.

He also visited the infamous Tuol Sleng Genocide Museum, a former high school turned torture centre during the Khmer Rouge period. There he noted particular leg shackles – metal bars in a D-shape. One part of this story.

Leg shackles displayed at Tuol Sleng Genocide Museum. Photo by Steen Holger Hansen.

He was particularly pessimistic about this task, he says. He read  crushing personal testimonies from that four-year peiriod. But he was in doubt about his possible role in helping them.

“This was more than 30 years ago, and I thought I would probably not be able to do anything. Even with very recent torture, there can be difficulty in finding physical confirmation in an examination.”

Getting the evidence

TPO, an IRCT member, sits in a tall, modern building in the capital Phnom Penh. They offer a vast array of psychosocial services, in particular for victims of sexual and gender-based violence and victims of the genocide of the 1970s. They are providing assistance to victims of the genocide who have come forth as witnesses in the Extraordinary Chambers in the Courts of Cambodia (ECCC), the tribunal that, since 2007, has been tasked with trying former Khmer Rouge officials on crimes against humanity, including war crimes, murder, torture and genocide. There are many thousands of survivors of the genocide who have registered as witnesses in the cases.

The 11 clients that the three doctors examined were among these thousands registered in ‘Case 002’ at the ECCC. The hybrid tribunal brings together the Cambodia judiciary and international experts to assist in the ongoing trials of Khmer Rouge leaders. Only one case – Case 001 – has concluded. The ECCC found Khang Khek Leu, often called ‘Duch’, guilty of crimes against humanity, including murder and torture. During the regime, Leu ran the Tuol Sleng prison.

Dr Hansen tells me that Tuol Sleng, now a museum, provided much of the research he conducted alongside the examination of the 11 clients. There, he says, an estimated 20,000 people were detained during those four years of whom there are only seven known survivors . The rest were killed, either through devastating incarceration, torture, and murder or labour camps. But it was in Tuol Sleng that Hansen saw the D-shaped leg shackles. These particular shackles were also depicted in the art work of Vann Nath, one of the handfuls of survivors of Toul Sleng.

At right, the image shows the scars that are consistent with the allegations of leg shackles. At left is a painting by the Cambodian artist Vann Nath depicting the degrading conditions of Tuol Sleng and the particular leg shackles used. Photo by Steen Holger Hansen

On all of the clients that claimed they were shackled during their torture were small scars along their ankles. They were extremely faint. But they were there.

“These marks were consistent with their testimonies. We say that findings are consistent with claims of torture. We do not directly say, ‘Yes, these people were tortured.’ That is the job of the judiciary. But yes, all the shackle scars were highly consistent with the allegations.”

Further clients had marks of burns caused by metal rods. Others had marks from arms binds around their elbows. The physical scars of torture, nearly 30 years after they occurred, still testify to their agonizing experiences at the hands of the Khmer Rouge. Old scars can still tell stories.

Forensic evidence at the ECCC

It is not known yet if this forensic evidence will be used in the ECCC in Case 002. Three top Khmer Rouge leaders are one trial: Ieng Sary, former foreign minister; Nuon Chea, the regime’s second in command; and Khieu Samphan, a former head of state. A fourth, Ieng Thirith, who was the social affairs minister, was found unfit to stand trial, reportedly because she has Alzheimer’s, and was dismissed from the case. All four are more than 80 years old.

Although it remains a possibility, Dr Hansen is doubtful over whether he will be called to testify to the tribunal. The use of forensic documentation is still not well-enough understood throughout the world, even among the judiciary, and with a witness list numbering well over a thousand, there is still much evidence to go through. The process allowed anyone with an allegation to come forth, provide testimony and register as a witness; it included allegations of war crimes, genocide, murder, rape, other sexual violence, forced marriage, forced labour, and massive accounts of neglect resulting in starvation and death from untreated medical needs.

However, regardless of whether or not he testifies, Dr Hansen remains extremely positive about the experience. “We now know that you can confirm torture allegations that are nearly 30 years old. We know that we should not discount the possibility of finding forensic evidence even from such old cases. People often ask me, ‘How can you read about these cases?’ People say, ‘It’s just so terrible to read this.’ It is terrible. But we should read and learn, and then you can help. What I’m saying is just that these stories should never be forgotten.’

Tessa, a US citizen living in Denmark, is Communications Officer at the IRCT.

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  1. #1 by Refugee Archives at UEL on 02/10/2012 - 16:36

    Reblogged this on Refugee Archives Blog.

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