By Sebastian Strangio

Published by Asia Times Online, August 17, 2010

Motiur Rahman Nizami is among the accused.

DHAKA – A SPECIAL tribunal in Bangladesh has indicted four members of the country’s main Islamist party, Jamaat-e-Islami, on suspicion of committing mass atrocities during the country’s 1971 Liberation War. Those arrested, including party president Motiur Rahman Nizami and his deputy Ali Ahsan Mohammad Mujahid, have been remanded in custody indefinitely and are likely to face charges of genocide, murder, rape and arson. Travel bans have been imposed on a few dozen more suspects.

The indictments, issued late last month, were the opening act of Bangladesh’s International Crimes Tribunal, established in March, which is seeking to prosecute those responsible for atrocities during the bloody war that resulted in the country’s birth.

The 1971 conflagration, which erupted when the Pakistani military attempted to prevent the secession of the country’s eastern wing, led to the widespread massacre of unarmed civilians and the systematic execution of leading Bengali intellectuals. Some sources say 3 million people perished during the 10-month conflict, while as many as 200,000 women were raped.

Although attempts at justice began after the defeat of the Pakistani army by Indian and Bangladeshi forces in December 1971, the tribunal process was derailed after the assassination of independence icon Sheik Mujibur Rahman four years later. For the following three decades, a succession of military administrations has swept aside all attempts at justice, fearing it could implicate many within their own ranks.

For Bangladesh, the trials come four decades late, and many of those most responsible are either dead or living in the relative sanctuary of Pakistan. But Mahbub Alam, the general manager of Dhaka’s Liberation War Museum, which commemorates the 1971 atrocities, said that there was a widespread desire to see justice done. “In this country, if you go into each and every village you will find war victims,” said Alam, who lost his father in the Liberation War. “The people who did all these kinds of misdeeds are the beneficiaries of the creation of Bangladesh,” he said. “They are the beneficiaries of the country, of three million martyrs.”

But the government’s focus on razakars — internal collaborators who led, assisted and committed crimes in conjunction with the Pakistani administration then in control of the country – has whipped up controversy in Muslim-majority Bangladesh. The Awami League government of Prime Minister Sheikh Hasina, which was elected in a landslide in 2008 in part on promises of a trial, says it has evidence proving the involvement of senior Jamaat members in the 1971 atrocities. Critics, however, say the tribunal is being used to settle domestic political disputes and runs the risk of unleashing social chaos.

Don Beachler, an associate professor of political science at New York’s Ithaca College, said the government has set up the tribunal in part to tar Jamaat-e-Islami as allies of the Pakistani army and “enemies of the Bangladeshi people”. The fact that Jamaat ruled in coalition with the Bangladeshi Nationalist Party – a key rival of the Awami League – from 2001 to 2006 has only provided an “extra motive” to pursue the Islamist movement, he added.

To be sure, Nizami and other Jamaat leaders clearly have reason to be concerned. Nizami founded and led the Badr militia, which committed numerous acts of violence against civilians in support of the Pakistani army’s campaign to repress Bengali nationalism. “Nizami was active against independence and advocated violence against Hindus who were seen as the source of Bangladeshis’ alleged betrayal of Pakistan and Islam,” he said. “On the merits and the politics Nizami has much to fear.”

Given the politically charged nature of the process, however, the relatively open-and-shut case against Nizami and his deputies could be compromised by procedural inadequacies and a perception of government heavy handedness. Some observers fear the arrests of Nizami and Ali Ahsan Mohammad Mujahid on June 29 were the first sign that the process was compromised by political manipulation.

The pair, along with top preacher Delwar Hossain Saydee, were detained on the obscure charge of “offending religious sentiment” after they compared their persecution by the Awami League government to the sufferings of the Prophet Mohammed. Only once they were in custody did the government move ahead with questioning on war crimes-related charges.

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By May Titthara & Sebastian Strangio

Published in the Phnom Penh Post, July 27, 2010

KAMPONG THOM PROVINCE–IN the cafes of Stoung district, yesterday’s verdict in the case of Kaing Guek Eev, alias Duch, proved a hard sell. At one cavernous establishment on National Road 6, a broadcast of the proceedings vied for attention with a cheaply made Chinese action film. As soon as the music swelled and the credits began to roll, the mostly young crowd thinned, leaving a handful of elderly patrons to watch the Khmer Rouge tribunal on a second small screen in the back. And by the time the wiry Tuol Sleng commandant stood to attention and the verdict was read out, the room was empty save for two waitresses, who ferried away empty plates and glasses.

Interest was greater, though, in nearby Chaoyot village, especially among those who knew the prison chief when he was a schoolboy. Although most village elders did not watch the verdict – choosing instead to attend ceremonies marking Buddhist lent at Svay Romeat pagoda, where Duch studied as a child – the outcome provoked spirited discussion. Among one group of old women, dressed in flowing black gowns and white blouses, reactions to the verdict ranged from cold anger to forgiveness to pity for the convicted jailer.

Hi Hor, 72, who has lived in Duch’s village since she was born, said she was livid at the length of the sentence, which she said did not match the crimes he committed. “I will kill him and eat his meat if I meet him,” she said as she sat on a woven mat in the pagoda’s flag-draped dining hall. “The court should have sentenced him to his whole life in prison.”

At Kdey Doeum pagoda, located close to Chaoyot, village elders also gathered to mark the three-month lenten period, sitting on the floor of a half-constructed dining hall on the temple grounds. Pich Doeun, a 73-year-old layman, described his own experience under Democratic Kampuchea, when he was sent to a remote part of Stoung district to toil in communal rice paddies and construct irrigation dams. When asked if the verdict against Duch was fair, Pich Doeun expressed ambivalence. On one hand, 30 years was a just sentence, he said, but part of him wanted to see Duch executed and cremated, his bones placed in a stupa and never again removed. “I survived until today because of fate,” he said. “From my point of view, the court should kill him and bring his bones back and lock them up.”

Others, however, were able to separate their anger with the Khmer Rouge from their positive memories of the young Duch. “Even though I was tortured and did not get enough food to eat during that time, I pardon him. Everything passed over 30 years ago,” said 71-year-old Chhum Oeun, sitting at Svay Romeat pagoda.

Despite the evidence presented against him at trial, she said she would always remember Duch as “good and intelligent”, not the cruel ideologue convicted of overseeing the deaths of as many as 16,000 people at Tuol Sleng. Some of Duch’s relatives, too, said they did not view Duch as a monster, and condemned the court for a sentence they said was too strict. “I really pity my nephew,” said one 71-year-old who claimed to be Duch’s aunt, and who gave her name only as Tob. “The court should have charged him for a shorter time because he is too old, and let him live together with his family in his old age. “I don’t know what happened to him to make him become a Khmer Rouge during that time because his parents were good people,” she added.

A few hundred metres down the muddy village road, Brak Chlam, 67, one of Duch’s cousins, said he hoped to see the prison chief again. “I don’t care about the court charging him. What I care about is his life – I want to see him survive,” he said. Brak Chlam said he planned to visit Duch in prison if he could find the money. “I always see his face on TV. I want to see his real face,” he said. “I was so happy when I got news that he survived, because I wanted him to survive. I don’t know what he did in Phnom Penh. I only know that he was a good and intelligent boy.”

While the verdict divided opinion among those old enough to have detailed memories of the regime, younger observers seemed more or less indifferent to the verdict handed down yesterday. At another roadside cafe, the patrons were focused instead on playing chequers and watching kickboxing. Meas Rith, 41, who sat among a group of men watching the fight, said he had not been following the tribunal closely, but that he did not think it fair that Duch could potentially die in prison.

“The court should have sentenced him to about 10 years to give him some chance to spend time in the pagoda in his old age,” he said, before turning his attention back to the television. A cry went up as the two combatants pummelled each other onscreen.

“The people in the rural areas are not as interested about what has happened in the past as people in the city,” said Chai Lign, the owner of the café. The sinewy 29-year-old said he had heard of Duch but knew little of life under the Khmer Rouge, and that many his age were the same way. “They don’t want to know about the pain,” he said. “Some people don’t even know Duch’s face, what he looks like.”

By Sebastian Strangio & May Titthara

Published in the Phnom Penh Post, July 26, 2010

KAMPONG THOM PROVINCE–THESE days, life in Chaoyot village, a collection of stilt houses nestled along the banks of the Stoung river, proceeds in much the same way it did 68 years ago, when Kaing Guek Eav, alias Duch, was born to parents of Khmer-Chinese extraction. It was here, in a small concrete home shaded by bamboo groves and mango trees, that Duch spent his childhood years, cycling each day the short distance to the local primary school.

The rustling palms and rutted village track are worlds away from Tuol Sleng, or S-21, the secret Khmer Rouge facility that Duch moulded into an efficient machine of interrogation, torture and death. As head of the prison, Duch is thought to have overseen the torture and killing of as many as 16,000 people, creating a nihilistic whirlwind from which only 14 or so emerged alive.

Kong Suon, 85, the oldest resident of Chaoyot village, was enraged when Kaing Guek Eav, alias Duch, asked to be set free. (Photo: Sebastian Strangio)

As the Khmer Rouge tribunal prepares to deliver its verdict against the 68-year old today – perhaps the only one it will ever issue – the proceedings have not gone unnoticed in Chaoyot. But the desire to see justice served means different things to different residents; whereas some are unsure how to relate Duch’s crimes to the abuses they personally endured during the regime, others seem to feel their effects acutely.

More than six decades since his birth, Duch has left only a faint trace in Chaoyot. His neat family home, currently occupied by his nephew Kim Luon, still stands, surrounded by a well-tended yard that abuts the road. Dy Thy, 63, one of Duch’s old neighbours, said she heard nothing from him during the 1975-1979 rule of the Khmer Rouge, and that she found it hard to square the quiet young student she remembers with the horrors of Tuol Sleng.

“I supposed that the Khmer Rouge were people from abroad,” she said. “I didn’t know they were Cambodian people – especially not a person born in this village.”

An exceptional student

Duch lived in Chaoyot until about the age of 14. Residents recall that from his earliest years, the boy who went by the nickname “Kiev” stood out as an exceptional student. Sem Thuon, now 69, regularly shared a table with Duch at Wat Svay Romeat primary school between the first and third grades. “I always copied from him during the exams, and he allowed me to copy,” she said. “I never thought that he would become a strong Khmer Rouge leader.”

In many ways, however, Duch’s intellectual journey epitomised that of the Cambodian communist movement. Like other regime leaders, he was a beneficiary of the sweeping educational reforms Prince Norodom Sihanouk introduced in the late 1950s. Intended to modernise the country and expand opportunities in the countryside, the reforms instead created a class of educated but underemployed young men and women who helped pry apart the country’s centuries-old system of patronage. As the 1960s wore on, Sihanouk – the God-King himself – came under stronger attack from the growing ranks of the left.

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Is a war crimes tribunal being used to settle political scores? If so, it may unleash social chaos, reports Sebastian Strangio.

Published in The Diplomat, July 22, 2010

DHAKA – BANGLADESH’S Liberation War Museum sits on a quiet street in central Dhaka, shaded by trees and fronted by an austere barbed wire fence. The small building commemorates the country’s 1971 liberation struggle, a fierce war of independence from Pakistan that cost an estimated 3 million lives. An eternal flame in the museum’s courtyard marks it out as a site of martyrdom—a reminder of the bloody star under which the country was born. Almost fittingly, dozens of small Bangladeshi flags are intertwined on the rusting barbs of the museum’s front fence.

Last week, Bangladesh’s government arrested two leading politicians from the country’s main Islamist party, Jamaat-e-Islami, on charges of committing mass murder during the liberation struggle. The arrests, which followed the detention of the party’s president, Motiur Rahman Nizami, and other top Jamaat officials in late June, mark the first stage of a tribunal established in March to address war crimes committed during the 1971 conflict.

A nationalist mural in Motijheel, the commercial heart of Dhaka. (Photo: Sebastian Strangio)

But even though the tribunal has no scheduled start date, it has already whipped up controversy in Muslim-majority Bangladesh. The government of Prime Minister Sheikh Hasina, which was elected in a landslide in 2008 in part on promises of a trial, says it has evidence proving the involvement of senior Jamaat members in the 1971 atrocities. Critics, however, say the tribunal is being used to settle domestic political disputes and runs the risk of unleashing social chaos and compromising Dhaka’s relationship with Muslim allies in the Middle East.

The tribunal comes after nearly four decades of inaction in Bangladesh. The 1971 conflagration, which erupted when Pakistan attempted to prevent the secession of its eastern wing, included the systematic execution of leading Bengali intellectuals and the rape of by some estimates 200,000 women. Although the process of putting collaborators on trial began after the defeat of the Pakistani army on December 16, 1971, the tribunal process was derailed after the assassination of independence icon Sheik Mujibur Rahman in August 1975. Ahmed Ziauddin, an advisor to Bangladeshi rights group Odhikar, says that for the following three decades, a succession of military administrations has swept aside all attempts at justice, fearing it could implicate many within their own ranks.

‘The current process is, if you like, unfinished business that started in 1972,’ he says.

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