Birthday in Phnom Penh and a Vietnamese Vacation

It has been a looooong time since my last blog post.  Perhaps I get intimidated by the hours it takes to upload photos from Banlung! I have been hard at work, but decided to take a holiday to celebrate my birthday last week. After all, it was the big 2-5, and I decided to close out the first quarter-century of my life with a trip to Vietnam! As I write this, I am back at my desk in Banlung, amusedly listening while the construction workers next door sing along to Ke$ha. Loudly.

Saturday, the 23rd of June, I headed south to Phnom Penh.  Previously, on my way up to Rattanikiri, I experienced the speedy, and slightly scary, mini-van service that is popular with locals.  For this trip from Rattanikiri, I opted for the much cushier mega-bus, run by Sorya Transportation Co.  Similar to the mini-vans, the bus company didn’t seem too concerned with leaving on time. I was picked up 30 minutes late, and we slowly packed in.  There were at least ten empty rows, but the attendant insisted that I sit in my assigned seat. So I clambered over an elderly Khmer woman and squeezed myself into my spot at the window beside her, Seat 12.

I could hear people around me talking about me, the “baraang” foreigner.  So I told them in Khmer that I understood, though I had really only caught a few words.  The lady next to me apologized, and proceeded to hold my hand for literally the first two hours of the trip, stroking the inside of my forearm and admiring my pale skin while I slept.  Throughout the trip she asked me a lot of questions, and I stumbled through answers about where I was from and why I was in Banlung. Sometimes I had no idea what she was saying, and I simply responded with “jaa.”  At stops, fairly often, she bought snacks for us. The banana chips were delicious, but I struggled to swallow a few tubes of the pickled fish paste that she gave me, to be polite.

For the most part, the bus trip was pleasant. I had a great view out my window, I caught up on some Khmer grammar, my seat fully reclined, and the A/C was so strong that I had to pull my blanket from my backpack.  We watched Cambodian music videos for the entire drive, which are entertaining to say the least.  The downside to the bus was that we took our sweet time getting to Phnom Penh.  Purportedly an “11 hour” bus ride, we left Banlung at about 7:00 AM, and didn’t make it to the capital until nearly 8:00 PM. The minivan would have had me in Phnom Penh at about 3:30 in the afternoon.

When we arrived at the bus station, I proudly used Khmer to negotiate a moto ride and give directions to Ali, Abby and Art’s house. We headed immediately out to a party at friend’s house, where we had sausages, drinks, and an intense Jenga session. Afterwards, we went to the Champs – Elysées Hotel for some fancy karaoke.  So you know, all karaoke houses in Cambodia basically double as brothels. We obviously didn’t partake in that optional service, but we did sing some cacophonous renditions of Eagles hits and “My Heart Will Go On.” The last stop of the night was a bar called Equinox, to watch the European “football” tournament, live, at 3 AM.

On Sunday, I was not feeling 100%.  I ate a delicious (expensive, $3.75) breakfast at a French restaurant in Phnom Penh. I saw Prometheus in 3D at the theatre, which was creepy. Afterwards, as a pre-birthday treat to myself, we went to Bodia Spa, a fancy place next to the National Museum.  The spa feels very western, with prices that clearly aim to solicit tourists and expatriates. I splurged ($23.00) on a relaxing massage with rosemary oil.  Bodia is immaculately clean, with hot showers in each room, modern decoration, a serene pond in the lobby, and receptionists with refined English ability.  Still, there were charming Asian touches, like chilled lemongrass-ginger tea to start your visit, on a tray alongside hot towels and beautifully folded lotus blossoms. For only about $4.00, a Khmer massage is usually great! But, it was nice to be able to fully de-robe for a change.  We finished the day with some surprisingly delicious Mexican food.

Monday, I felt worse. During the day, I made it over to Agugu’s to say hello. In the evening, I went to another movie. This time at Flicks, the cozy community theatre, with big mamasan chairs and plush mats to lie down on.  I saw Sin Nombre for 3 bucks, which was a fantastic foreign movie.

Tuesday was my birthday! But, I felt even worse.  I pulled myself up out of bed to go to a British doctor, recommended by the US Embassy. He did lab work and apparently I had Dengue Fever in my bloodstream, which could be the reason why I had such a high fever just little while ago and why I have been so fatigued. I also had a secondary bacterial infection, which was the real killer. I picked up medicine, and spent the rest of the day in bed. My roomies roused me in the evening, and took me to Mama’s New York Deli, which is run by a Khmer lady who worked in NYC for 30 years. She makes an seriously amazing corned beef sandwich on rye. Once back home, I was surprised with a beautiful sampling of 12 little cupcakes, from a bakery run by an NGO. We sat around and tasted them all. The Oreo Cream Cheese was definitely the favorite, followed by the White Chocolate Macadamia. So delicious. All in all a restful, tasty birthday.

On Wednesday morning I was off on a 6-hour bus ride to Vietnam. Crossing the border was relatively quick, as Vietnam requires visitors to arrange a visa ahead of time. I hadn’t done any research about Ho Chi Minh City, AKA Saigon, and was blindly heading into the city alone.  So, I borrowed an outdated Lonely Planet guide from an Aussie across the aisle.  We arrived at about 3 and, from the notes I had jotted down, I was able to get myself to a central area, close to the sites that I planned on seeing. The hostel I chose was squished into a narrow alley, 15 floors of one room each. I was thrilled to the luxuries of a balcony, a hot shower, a seated toilet, a thick mattress, and an incredibly high-powered A/C unit.

Traveling solo in a new city is an amazing experience, especially in one that speaks a challenging foreign language. I have been abroad in the past, but always to places with a group or at least another friend. Wandering around alone is intimidating to me, but exciting.  In each new city, there is a learning curve for being comfortable.  Initially, I pick a destination, figure out my route, and head out into the city on foot.  I never feel that alone.  Solo travelers seem to find each other.  I share drinks and meals with strangers, chat with other “baraangs” on the bus, etc., despite the fact that I will never see them again.

It was already late afternoon in Saigon, but being an avid phô-lover, I immediately hoofed it over to Phô 2000 for dinner.  I devoured a fantastically authentic bowl of the Vietnamese staple, surrounded by pictures of President Clinton during his trip to the shop. Since his visit, the sign out front has been changed, to include the slogan: “Phô for the President.” Afterwards, passing a Louis Vuitton, a Chanel, and numerous other fancy boutiques, was a clear sign that I was no longer in Cambodia. I made my way to the Saigon Sheraton, to visit the notorious 23rd-floor, open-air bar. Once up the elevator, I looked out over the sprawling city at a spot next to the rail, despite the rain. My first (pricey) Long Island Iced Tea went down the hatch too quickly, and I had to buy another one to make it through the sunset. It was worth it. I stayed for at least 2 hours, while the sun retreated and the city lights came to life. Absolutely beautiful, an amazing end to my first day as a 25-year-old.

After downing some French pastries, Thursday’s agenda began with the Hồ Chí Minh Museum, once known as Gia Long Palace.  The exhibits were historical and informative. Several students in a Vietnamese school group snapped my picture as we wandered through the wing documenting protests of US involvement, which was a bit awkward as an American. From outside, the building is beautiful, built during French occupation.  The grounds were lush, and contained antique vehicles, aircrafts, and Vietnamese military equipment.  After the French withdrawal, Gia Long Palace had served as the temporary residence of Ngô Đình Diệm, first president of South Vietnam. He lived there while his main home (Reunification Palace, which I visited later) was being re-built after a rebel bombing.  Diệm installed a bunker and an extensive tunnel system beneath Gia Long, which was one of the most interesting things to see. He used these underground passageways to escape during a coup in 1963, but was assassinated soon after.  

The number of motorcycles on the road in Vietnam is simply overwhelming.  Leaving the museum, I was incessantly hounded by drivers wanting my business.  Happily using my own two feet, I quickly arrived at my next stop, the War Remnants Museum, just a few blocks away.  It was apparently once called “The House for Displaying War Crimes of American Imperialism and the Puppet Government of South Vietnam.”  As the former name suggests, the museum is extremely critical of America and South Vietnam, but does not discuss questionable war efforts by the Viet Cong or North Vietnam.  While the content is skewed, it still realistically portrays atrocities of war.  Photographs of civilian massacres and the destructive effects of Napalm made me not-so-proud of America.  The Agent Orange exhibit was particularly disturbing, I just cannot believe that we utilized this chemical. There were numerous photographs of resulting deformities, and even a few misshapen fetuses preserved in formaldehyde.  Less graphic was the Anti-American propaganda exhibit, with images of war protests from around the world.

I ate another bowl of phô, this time at Phô 24, and I opted for beef rather than chicken.  Delish. Then, I headed over to Reunification Palace.  The palace looks surprisingly like an 80’s office building from outside, but the interior is lavishly decorated and spacious, with long hallways surrounding glass-walled rooms.  The current structure replaced the older Norodom Palace, which was home to the French Governors of Cochinchina.  After the French signed the Geneva Accords, Norodom Palace became the home to Ngô Đình Diệm, the first leader of South Vietnam.  As mentioned before, rebels bombed the older palace, and Diệm temporarily resided in Gia Long Palace while he commissioned the construction of the new building. World-renowned, Vietnamese architect Ngô Viết Thụ designed the present Palace, but Diệm was assassinated before completion in 1966.  The Palace passed to the next president, Nguyễn Văn Thiệu, who led South Vietnam during the Vietnam War.  This is evidenced by the extensive basement, which obviously doubled as a wartime headquarters.  Thiệu fled the nation a few days prior to the fall of Saigon, when a North Vietnamese tank bulldozed through the gates of the Palace and officially ended the war.

With the three main tourist sites under my belt, I wandered around town. I checked out the tallest building in town, the night market, and the riverfront.  Of course, I opted for another bowl of authentic phô for dinner on the street.  Stopping in for Tutti Fruitti Frozen Yogurt made me feel like I was in America.  The American vibe continued while I drank a Coors Light, though the “Cold as the Rockies” slogan was definitely written in Vietnamese, which made me laugh.

After an early night and plenty of sleep, I spent the next morning searching the aisles of Bến Thành Market, a must-see in Saigon and my last stop.  The massive market is similar to those in Phnom Penh, but it is cleaner, stocks higher-quality goods, and is flooded with tourists. The vendors are equally pushy, but I did help my bargaining to inform them that I live in Cambodia and I could just buy something there for cheaper.  I found some great treasures for my friends, a colorful backpack and a beautiful set of chopsticks for me.

I was off to the bus station early in the afternoon. Departure was delayed for 2 ½ hours, and customs at the border was a slight headache. Apparently I have to leave the country by July 29th, so I think a trip to Laos is in order. We arrived in Phnom Penh at close to 8:30. I was tired. Agugu faithfully picked me up, and I chatted with my friends for a bit before bed.  Early the next morning, I was off to meet my taxi to take me back home.  A quick, exhausting trip, but it’s good to be home in Banlung!

 

The Front Lines of Justice

Someone from home told me that I am on “the front lines of justice.” Its an exaggeration, painting a picture of me as some sort of rowdy activist or legal warrior, when I really am just doing my best to soak this experience up. But, I like the phrase, so I’m stealing it.

It has rained heavily for several days. The streets of Banlung turn into flowing red rivers, and my feet are now stained an interesting copper shade.  Electricity constantly flicks on and off. I finished a meal the other day in a completely dark restaurant, fumbling my riel as I paid my bill.  The persistent rain has driven the insects inside, and last evening I killed a record-breaking 27 cockroaches on my nightly spree.  All in all, a true Ratanikiri experience. At least it has cooled down.  At night I consider turning off my fan, and when I drive my motorcycle around town I almost regret not bringing a sweatshirt.

Voting is noticeably over, and the CPP continues to dominate politics.  The Prime Minister elections are not until next summer, but I think I have an idea of who will win.  Hun Sen has already joined the “10,000 Club” and is now of the world’s longest-serving political leaders, despite his history as a Khmer Rouge Commander. Though the election results are not ideal, Cambodia is quieter.  Banlung was not a hotspot for serious campaigning, but in Phnom Penh I had occasionally been roused before 7 or 8 in the morning by a parade rolling through the streets, clips of political speeches blasting. Now, with the voting behind us, the heavy rain, and another holiday weekend (this time, the Queen’s birthday) things are mellow. I should have been blogging religiously, apologies, but I have had various friends in town from Phnom Penh over the past several days, an exciting distraction. I will share stories and pictures in my next post.

Save for a few days spent playing hostess and an additional stint when I was running a fever of 103°F (excuse me, 39.5°C), I have been hard at work at the prisons and courts of Ratanikiri and Stung Treng.  A reminder, for criminal defendants in America, there is a uniform presumption of innocence until proven guilty beyond a reasonable doubt.  This principle, embodied in the Latin phrase “Ei incumbit probatio qui dicit, non qui negat,” is an automatic legal right for anyone accused of a crime within the United States justice system.  DO NOT take this for granted. For criminal defendants in Cambodia, it seems like the opposite is true: Guilty until proven innocent, especially in the eyes of the police.  I have seen it myself already. People can be detained in prison immediately after a complaint is filed.  In he-said-she-said cases, not uncommon, sometimes the only thing we can do is request mitigating circumstances, as some sort of compromise.

     

At times, I guess it’s his job, but the prosecutor seems unnecessarily ruthless when pushing for pretrial detention.  We met with a client who sells beef in the market and allegedly owes thousands to the man who provides her with cows, a ridiculously large debt for Cambodian livestock.  She is a mother of five, the main source of income for her family, and she swears she always paid the man. But, the prosecutor still was fighting for her to be detained in prison for four months while she awaits trial, where she wouldn’t be able to work or care for her kids. Mao pointed out that there is no reason, under Article 205 of the Criminal Code, why pre-trial detention was necessary. Thankfully, Mao is a good arguer, and the judge agreed.

Court is quaint, and I actually really enjoy going. Outside, there is a little hut with a Buddhist statute inside, bananas and incense as offerings before him. Witnesses (only witnesses, not the accused) step inside with court personnel to swear in, the Cambodian equivalent of taking an oath on the Bible in American courts. The courtroom itself consists of desks for the judge, prosecutor, defense, and clerk, as well as three rows of benches for the public, though its usually just families, my co-workers, and I. Prisoners are shackled and transported to the court in the back of an older Tacoma, with a cage built around the bed. I later found out that the truck was confiscated from one of the prisoners serving a longer sentence.  It is now plastered with the prison logo. Accompanying police carry unnecessarily massive guns (this morning they were playing around with a tazer), but they are generally friendly.

I have sat in on various cases, involving drug trafficking, cheating, intentional violence, theft, etc. I park myself between Proek and Sophoes, and they translate so I understand what is going on. Things are organized, but slow-paced.  A single court session focuses on one case; addressing a misdemeanor offense can take well over an hour.  Trial scheduled for 8 usually begins around 9, or later.  A necessary court employee might be late, or the criminal hasn’t arrived from the prison, or we are simply chatting outside.  Sometimes, we even have time to eat breakfast at a street-shop, while we wait for the school-bell that call us in.

Trial itself is similar to Western procedure, black robes and all.  Except, judge included, no one sees a problem with answering their phone mid-court.  The accused are read their rights and their responses from police custody, and Mao has a chance to raise defenses. He really does ask some good questions that reveal less culpable motives and show the criminal in a different light. Many of the judgments seem reasonable and fair, like a year in prison for a 17-year-old drug trafficker.  Other decisions seem harsh, even slightly political.  For example, a monetary claim by a Chinese company (with representation by a fancy private lawyer) put a woman in prison for 2 ½ years.  She had been given money to purchase wood on the company’s behalf, but became incredibly sick. She pleaded hardship, and asked that the judge let her sell her house to pay the debt and avoid prison, but to no avail. In watching this case and others, court doesn’t seem to understand that a prison term incapacitates that individual from repaying the debt owed.

Today, our client, who provides for his family, stood trial for stealing a DVD player and an old Nokia phone, because he didn’t have enough money to pay his $7.50 bar tab (for him, 2 days of manual labor). The accused told the judge that he hadn’t understood the consequences of theft.  He also meekly confessed that he was scared, and the judge shamed him for saying so. He was put in prison for 5 months, with 7 months probation afterwards.  I was presently surprised that the Ratanikiri court even utilizes probation, and seems to readily consider pre-trial detention as time served towards the total sentence eventually received. Our client has been awaiting trial in prison for close to 4 months, so he will be out in just another month or so. That is good news, though I still feel that 5 months is a bit steep for first-time theft of a DVD player and a phone.

     

At the prisons, the slow pace of the courts and the over reliance on imprisonment as a punishment noticeably play into the issue of overcrowding.  The first time I visited the facilities the guards were cautious, but I have slowly been allowed deeper into the grounds.  The exterior walls are heavily draped with barbed wire, and prisoners wear royal blue jumpsuits with white trim and a tuxedo-stripe accent. I learned that the prisoners are let out for 1 hour per day, to bathe. When in the cells, the lucky few with window space press their faces against the fresh air and hang their arms outside of the bars. A select number of prisoners have special privileges, one watches the front gate, another monitors the bath, some sit in on visitation, etc. I have primarily visited the prison to meet new clients with Sophoes, and one of these privileged prisoners brings us the person we are looking for.  IBJ has a specific questionnaire that we follow for new clients, including inquiries relevant to the alleged crime, family status, and conditions at the prison.  I have been on several different new-client interviews since arriving and honestly, these meetings can be quite difficult and upsetting.

Phan, the first client, before we even started asking questions, told us how hungry he is at the prison.  He eats very little food, 2 small bowls of rice per day.  Rations are scarce for all prisoners. Phan could receive disproportionately less because of his status as a newbie.  Not long after arriving, he was taken outside and beaten by guards, though we didn’t go into whether there was a “reason” why. His cell is small, truthfully smaller than my bedroom at home, and there was at one point 23 people squeezed into the space.  And remember, 1 hour outside per day. He says he cannot sleep at night because there is not enough room to lay down.  Worst of all, Phan was in tears telling us how he didn’t commit his alleged crime.  He says that he bought a motorcycle battery from a friend, without knowing that his friend had stolen it; the friend has since run away and Phan was stuck with the theft charge in his absence. Phan’s parents are angry that he is in jail, and despite their son’s proclamations of innocence, they refuse to visit.  Our client feels unsupported, is lonely and homesick. He is 17.

For another client, I was with just Mao, so a lot of information was lost in translation. But, I did understand that our client was charged with having the materials to make drugs.  He thinks he was charged arbitrarily; drugs can be made from common household supplies.  No actual drugs were found in the entire house, but the police arrested him regardless. They confiscated his motorcycle, money, and phone, which is apparently common practice, though not necessarily legal. Mao and I were there when our client’s wife arrived with their toddler, they held hands through the little visitation window and wept.

Granted, while there are some questionable charges by the police, most arrests do stem from a legitimate crime.  But, in Cambodia, it is difficult to see most crimes as malicious.  The vast majority seem to be motivated by poverty. Va, another new client, admits to hiring transportation to a remote area and robbing the driver of his motorcycle.  Initially, in the police station, Va was hit over the head with the butt of a rifle, because officers didn’t believe that the gun used during the robbery was fake. A fake gun, no real guns, was later found inside of his house. Now, he tells us why he committed the crime.  He had struggled to work, but could not make enough money to buy milk for his 1 month old baby. He needed cash to feed his newborn child, and the bike was a quick $260.00. He regrets the robbery, and wishes he was home with his family, but didn’t know what else to do.

Similarly, to show IBJ’s impact, I was asked to interview a prisoner who was not our client, for comparative purposes. He was sentenced prior to IBJ’s presence in Banlung. This prisoner, Ploom (my age), is  Tompuon, a minority group from the tribal villages of the north.  In Cambodia, indigenous people are primarily uneducated farmers, and have slim knowledge of judicial consequences or alternative avenues for legal redress. Ploom murdered his uncle. A raging drunk, his uncle had repeatedly beat other family members for money, most notably his grandmother.  The beatings had become more frequent and serious. A different uncle planned the murder, asked Ploom to come along, but was too afraid.  Ploom felt like he had follow through. He couldn’t afford a lawyer and was appointed a lawyer by the government, who didn’t show.  He ended up cluelessly facing a premeditated murder charge without representation, which is even illegal under the Criminal Code. Ploom served 6 months prior to trial, and now is about halfway through a 10 year sentence. Candidly speaking about his crime, he seems calmly accepting of his imprisonment.  He only regrets being unable to support his family, including three children. He misses them, and only sees them twice each year. What breaks our hearts at the IBJ office, is that an almost identical case was recently resolved in Takeo Province by our lawyer there.  The prisoner received a reduced charge and a 4-year sentence. For the same crime, 6-years less than Ploom. Simply because of adequate, accessible representation, to protect criminal rights and raise appropriate defenses.

To promote legal awareness amongst the tribes, IBJ schedules “Street Law Trainings.” We held one last Friday in Lomphat District, not far from Banlung. We personally visited the chief prior to tell him of our plans.  He was very excited; he had heard about our trainings from another chief.  To encourage attendance, we promised bottled water, rambutans, and cracker sandwiches, which we passed out intermittently to keep the kids content. Each adult (53 total) received a 5000 riel ($1.25) travel allowance, funded by the Australian government. When we arrived on the set date, the entire tribe had assembled in a wooden meeting house, up on stilts with a big round hole for a door.  Women and children sat on the left, men on the right. The chief translated Mao’s words into Tompuon, a separate language. Mao gave simple, practical advice for legal woes, emphasizing IBJ as a free service.  For what wrongdoings is legal redress available? What do you do about land/property disputes? What do you do if a claim is filed against you? What are your basic legal rights?  How do you file a complaint? Sure, the law enforcement system of Cambodia is not the easiest to trust, but Mao gave out his card, a personal ally.

Essentially, the purpose of these sessions is to inform villagers of legal avenues for dispute resolution. We hope to avoid “self-help” remedies, as we would call it in law school. Crimes for crimes, like blood feuds, only exposes more and more people to the law enforcement system.  For Ploom, above, things could have been different if he had just understood the process for filing a complaint and the consequences of murder. Mao even gave some advice geared towards women. Domestic violence and rape are crimes and should be recognized as so. I have heard that some villages even encourage rape victims to marry their rapist, simply because they’ve already had sex. No way. Women should be aware of an alternative.

The training was a success; the villagers were incredibly receptive and asked a lot of questions at the end.  I enjoyed seeing the village itself, and the kids. Funny: when I picked up one toddler up, the big sister started wailing.  Apparently she thought I was going to steal her little sis! We snapped a group photo, and we left with several new clients. I had a ton of fun!  Especially when we stopped for some delicious roadside oranges on the way home, which are perfectly ripe when green in Cambodia.  Then, Mao took me to a Land/Property Rights Workshop, which was difficult to understand without a translator, but I was entertained when one of the policemen asked what “evidence” is.

All in all, I am steadily gaining an interesting perspective of Cambodia. Oh! And I have a success story for you that I am typing for the IBJ blog, a murder charge dismissed! I will post it in my feed when I finish.

A quick sign-off because Im exhausted, partially because I have started to learn the Khmer alphabet. Exciting, but yikes!

Mom, kiss my dog because I am dying a little without her,

I miss you all, Becca

Life in Rattanikiri. Home Sweet Home.

I am beginning to type this from my desk at IBJ Banlung. Sophoes just brought me a massive slice of watermelon as a snack and I am thrilled! It reminds me of home, especially when he told me not to eat the seeds unless I want a plant growing in my stomach, something my parents would say to me as a kid.

I have been in Banlung for a little over a week. A very busy, exciting week. Last Tuesday morning, 5:30 AM, I met the van at Caltex gas station on the corner of Monivong and Mao Tse Tung. The ride was great!  I was offered the front seat, which normally costs more, but the driver clearly wanted to chat with the lone “baraang” passenger.  Between sleep, it was good conversation.  The driver told me that he is devastated when huge stands of trees are removed to make way for rubber plantations, but he raved about the new, smoothly paved road that the Chinese built to Rattanikri.  He didn’t seem to understand the reciprocal relationship: the Cambodian government gifts private lands to Chinese industry in exchange for small projects, like bridges and better highways.  As I expected, nearing the North, there was an increasing number of cleared plots, once jungle-thick with trees. Still a beautiful countryside, I watched the landscape change as we headed towards the land of mountains and red dirt.

From my cushy front seat, I saw endless rice paddies, ornate provincial Buddhist wats, overloaded motos, small towns, hundreds of cows, lotus fields, and lots of naked children.

Cambodians travel much more leisurely than Americans, with bathroom breaks at least every hour. Literally just outside of town, we stopped at Bayon Bakery where everyone loaded up on beverages, baguettes and sweetbreads for the road.  Not long after that, we stopped to have noodles for breakfast at a sit-down place.  Then, soon enough, lunch at a restaurant in Kratie Province.  Despite the stops, the drive went by pretty quickly.  A man took me under his wing for all of the food breaks, invited me to eat with his family, and insisted on paying for my meals despite my protests.  He grew up in Rattanikiri Province with his sister and his cousin, but they didn’t return home after the Khmer Rouge.  Still, they make this pilgrimage every year to visit his mother, who is turning 90 and lives in a village about an hour outside of Banlung.

Sophoes (age 24, like me, though I’m 25 on the 26th of this month) is the lawyer’s assistant, but also a law grad. Remember how difficult it is to become a full-fledged lawyer in Cambodia. He called me when he knew I was getting close, had me hand my phone to the driver, and told him to drop me off at the IBJ office. I arrived by 3:30, and paid $12.50 for the trip.  I received an entertaining moto lesson from Sophoes and the other boys who live above the office. The IBJ secretary also lives in the building, and cooks amazing meals for lunch and dinner.  Apparently I will be able to eat with them for $2/day. The spread the first night was delicious: meat, carrots, baby corn, and pork soup.  Then, Mao Sary, the lawyer, set me up in a hotel, inappropriately called “Mean Mean Guesthouse.” It was very comfortable.

My $5 stay at “Mean Mean” was my chance to kiss seated commodes goodbye, even though theirs still flush with the bucket-and-ladle system. After being introduced to several squat toilets on the drive, I quickly realized these are a provincial norm.  I haven’t seen toilet paper since Phnom Penh, but I plan to buy my own pack and have been stealing table napkins in the meantime.  Instead of TP, some toilets (I was sad to later find out, NOT mine) have the luxury of a “bum gun,” essentially a sprayer for your butt identical to the ones that come with standard American kitchen sinks.

The next morning, Mao picked me up and took me to my room.  He is proud of finding this place, and had been telling me what a beautiful room it is. We pulled up to a cement apartment-like place, tucked behind a carwash, a mechanic’s shop, and a beauty salon. My door is plastered with an advertisement for some sort of Malaria blood-testing strip. It has a sliding latch on each side (which creeps me out a bit because someone could totally close me in) and locks with a padlock.  Sure, by American standards its not much, but this place is perfect for my summer in Banlung!  For $45/month, my yellow room has a fan and a private bathroom, with a shower that actually spits out clean-looking water. Mao arranged for a brand new mattress and lent me a little shelving unit from the office for my clothes.  My landlord gave me a nice table, a pillow, and a straw mat. By Wednesday night I was settled in. Check out the pictures! Ta-Da!

A final “perk” of my room is that I am never lonely with all my new roommates. Geckos are everywhere. They are harmless, other than their strangely loud call, and I was a bit nervous about this massive gecko I once saw in the rafters of a hotel.  For a different reason, Morgan, my roommate from home, would not live here. She is constantly armed with at least one bottle of roach spray, and at least one spare can. Well, we don’t have that in Banlung, and the plentiful cockroaches are remarkably good at living through a few smacks of my flip flop.  I may sound cruel, attempting to massacre my new roomies, but these cockroaches are big and can fly.  Sometimes I can see 10-15 in my room at a time. After one landed on my face on night, I knew I needed to do something. So, I’m using a tip from Ali, the Rattanikiri veteran. My electric kettle boils water quickly, and a quick splash usually does the trick. They are scared of me now, I know it.

It turned out to be a 4-day weekend right off the bat. No Friday because it was “International and Cambodian Children’s Day” and no Monday because Mao had to travel back from Phnom Penh, where he was voting on Sunday. Ali came to visit on Saturday, and had an interesting drive up to Banlung, packed into a car full of fruit. She introduced me to a great group of expats who live in Banlung: Spanish, British, French, Dutch, etc. Though, sadly, many of them leave within the month.  I bought a secondhand moto for $250 from an Australian who is moving back home.  This is what I would have paid to rent one long-term, and I will be able to sell it at the end of the summer. Plus, I get the charm of the typical Cambodian Daelim, so I really fit in! Red paint and a manual transmission.  It didn’t have a battery until recently, so I got pretty good at the pedal start. Though once I tried to drive it into my hallway to park, and I rammed it into the wall and bruised my leg on the foot peg. Sorry Mom, don’t look at that picture, I’m a pro now.

I met Ali on Saturday at Bea and Helen’s. Bea is Spanish and Helen is English, and they have an amazing house on Boeng Kansaing, the lake in town. From there, we drove our motos to Boeng Yeak Lom, about 5 minutes out of town. It is so hot outside, driving a moto down the highway, wind in your hair, feels amazing! And the scenery as we near the lake is beautiful. Boeng Yeak Lom is a 700,000 year old volcanic lake. It is bordered by 4 docks and huts-for-rent along a hiking trail; the water is greenish, clear, and perfectly warm.  Tribal minorities (Tompuon, Jarai, Brau, Krueng, etc) especially the kids, frequent this perfectly-round crater for a swim, and it is the subject of many local legends. Yeak Lom is too wonderful for words, you just have to visit Banlung someday to see how idyllic this spot is.  We ate fried noodles and morning glory at a lakeside restaurant, while villagers incessantly snapped photos of us.  One even asked if he could sit between us, then sheepishly put his arms around us for a picture.  The cherry on top: Ali and I broke the law that day, sitting on the dock. The government made selling and drinking alcohol on election weekend illegal, so that people would be responsible voters. To me, this seemed like a CPP ploy to ensure citizens remembered the “right” party to vote for. Still, no one seemed to be following the rules, and we couldn’t resist some lakeside Angkors. Cheers, Hun Sen!

Rattanikiri: described in my guidebook as “a diverse region of outstanding natural beauty.” It even has a national park along the northern, Laotian border (Virachey) that I need to visit at some point. I spent last Sunday, election day, exploring more of the sights, and decided to check out a few waterfalls by moto.  There are an endless number to visit throughout the summer.  So far, I have ticked off Kan Chang and Cha Ong, just 10 km or so out of town.  The roads to get there are a bit tricky, and they wind forever through minority villages and rubber plants, but the trek is worth it.  Both waterfalls were incredibly beautiful.  Please, check out the pictures.  I had to cross a cool hanging bridge to reach Kan Chang.  At Cha Ong, there is a cave carved out of the rock face behind the falls, and I met my first elephant face-to-face.

          

Interesting fact about elections here: You can tell who has voted by looking at people’s fingertips.  After a citizen casts their vote, their finger is dipped into a dark dye, like iodine.  I snapped a quick pick of Mao’s hand so you could see.

Well, now I am home and Sree-niet has let herself into my room; this is becoming a common occurrence, but I don’t mind.  She is a 13-year old girl who lives in my complex, and speaks no English.  Now she is brushing my hair.  Braiding it.  Yesterday she did my nails.  I think I will hang out with her for a bit, then head out for another swim at the lake!

I posted all of this later than I anticipated, due to a 103 degree fever (I’m better now) and the fact that I have to find WIFI to upload pics. What’s a blog without pics! But, look out for another entry within the next few days, so that I can tell you all about what I have been doing at work, at the prisons and courts of Rattanikiri and Stung Treng!

Miss you all!

Becca

Agugu’s Homeland

In case you didn’t know, I think you can hold your cursor over pictures to see captions. This is my family in Phnom Penh!

So, I left off this past Wednesday, when I suddenly left Phnom Penh for a quick trip to Prey Veng.  As soon as I found out that I was leaving I called Agugu, Phnom Penh’s best tuk tuk driver.  Prey Veng is Agugu’s homeland, he had already been talking about wanting to take us there.  He was beyond excited to help me get on the road.

First, a bit about Agugu.  Ali and I met him shortly after arriving.  We bonded because Ali speaks Khmer, and because all three of us are 24 years old (though I am slightly older-I turn 25 next month).  Once last week, he saved me from the city during rush hour when I got lost on my way home from work.  I knew it would happen at some point.  He came rolling up in the tuk tuk, laughing at me, and I have since been barraged with sarcastic comments about how he doesn’t trust me alone.  I have returned the favor with some English lessons.  Specifically, he wants to read and write, and he has some elementary-age books that show where a previous foreigner left off teaching.  We work our way through the sounds of the alphabet, stumbling a bit over the “F” and the “L.” He gets pretty frustrated, but he knows more than he thinks.  I remind him how little Khmer I’ve mastered, comparatively, and badly I can butcher Cambodian words. I will miss him when I move.

Agugu grew up in a serious agricultural region, rice paddie land, 60 km from downtown Prey Veng.  Well, I’m fairly sure that it is 60 km, but “sixty” and “sixteen” sound very similar with his accent. Prey Veng is smaaaaaaall.  In my LonelyPlanet, it commands just over 1 page. Comparatively, Banlung, where I will be living in Rattanikiri, gets a full 7 pages.  Agugu came to Phnom Penh at age 16. He had always hoped to attend university, but his father became ill, could no longer work, and further schooling was no longer an option financially. He started driving tuk tuks with a guesthouse in Phnom Penh, to supplement his mother’s income as a sugar cane farmer. On occasion, he returns home to help with the crops.  He lives in a quasi-dormitory for guesthouse workers, and starts work at 5:30 every day of the week.  The oldest of 4, Agugu regularly sends money back to Prey Veng for the education his 2 youngest siblings.  He is saving for them to eventually go to university, to learn English and get good jobs, so that maybe someday they will return the favor.

Agugu picked me up, we went to the house, I packed, we ate egg noodles with hot dog weenies with Ali, then headed out to meet Dalis.  Dalis is a Cambodian law student on the weekends, and works on the IBJ staff during the week.  She speaks great English, and helped out as my translator while in Prey Veng.  I was glad to not be going alone, and I am repeatedly surprised by the range of her vocabulary.  She uses big words like “dissiminate” and “contradictory.” Still, it was easier for Dalis to speak directly with Agugu about our meeting spot, and he dropped me off just east of the city.

After meeting up with Dalis, the bus was taking forever to reach us, and we soon realized why.  A massive convoy was rolling into town from the Cambodian People’s Party (CPP).  We are getting pretty close to the elections for local commune councils in Cambodia (June 3), and signs of the campaign have been steadily increasing. Notoriously corrupt, CPP claims a socialist platform and is the party of long-time Prime Minister Hun Sen.  It is the current majority, but primarily because enrollment with an opposing party can have consequences; for example, not aligning with CPP may bar acceptance into the police force or the military, and can prevent licensing as a teacher or lawyer.  Enormous megaphones were mounted periodically through the parade, with at lest 100 adorned trucks full of party members.  They were dancing to Khmer music, or chanting campaign slogans, and waving to bystanders.  I stuck out as a foreigner, the only “baraang” on the side of the road.  As soon as party members saw me, I became the clear target for enthusiastic “hello!”s and most of the waving.  Trailing behind the CPP was a more modest convoy from the Sam Rainsy Party, known as CPP’s official opposition, with a platform of liberalism and human rights.  Sam Rainsy, along with 8 smaller opposing parties, has made small progress with percentages.  But , unfortunately, the CPP maintains a tight grip on power. There have been obvious attempts by the CPP to silence competitors, including bringing criminal charges against opposition leaders.  Sam Rainsy himself now lives in Australia.

Soon after the parade, the bus managed to reach us.  I have no idea whether this was a public bus, or if there is even a public bus system in Cambodia, but this was clearly a cost-effective option for travel.  The seats inside were a random collection from other vehicles, some leather, some cloth, some with a Mercedes logo.  We were the last to get on, and things were crammed into every cubbyhole possible. People must use these busses to come to Phnom Penh, stock up on things to sell, and head back to the provinces. At one point, a boy got on with a massive bag of something, which hung partly out of the doorway as he perched on top.  Dalis got the window seat and some legroom, and I rode the entire 2.5 hours with my feet on some sort of parcel, my knees tucked up closer to my chin.  The countryside was beautiful, it is amazing to see so many people dotted cross the countryside, personally working the land with old-fashioned tools, mostly growing rice.  Somewhere in the middle, we stopped at the Neak Loeang (River).  There were probably 50 women there, it seems like they wait all day for the busses to roll through.  When we pulled up they immediately pounced, fighting for the window spots, brandishing bottles of water, lotus seed pods (which I want to try), snails (which I have tried and don’t ever want to eat again), and other snacks.  The ferry was neat, a short ride.  In Prey Veng, Dalis had the driver drop me off at Hotel Navy, while she went to stay with a friend.  The Hotel was pleasant, with a gecko infestation and a great view of the rice fields from the porch. I ordered dinner downstairs by pointing to “anything” and “delicious” in my English-Khmer dictionary (there is NO English – I ended up with fried rice), and I passed out.

I walked to the IBJ Prey Veng office in the morning, directly across from the pink provincial courthouse (saa-laa gat g’day). After reading such intensely negative things about the Cambodian legal and law enforcement systems (see my last post), it was nice to conduct interviews that, to me, showed true progress.  Over two days, I met with 4 different people. The first was a judge at the courthouse.  A stand-in interviewee for the head judge, he was not who I was supposed to meet with; he had only been familiar with IBJ for 8 months since moving from Svey Rieng.  While he said nice things about IBJ’s work and their lawyer in Prey Veng (all of IBJ’s practicing lawyers are Cambodian, so you know), he accused me of being a spy or a secret journalist, and wouldn’t directly address many of my questions about changes in the courthouse.  Bad start.

My next interview, with the prosecutor, went better.  He is thankful, and told me how at least 50-60% of the defendants are represented by IBJ, and that the court can see around 500 cases/year. The prosecutor used to have to contact the BAKC (Bar Association of the Kingdom of Cambodia) to send lawyers from Phnom Penh for cases where they were required, but the government-appointed representatives would often cancel or arrive unprepared. Having a resident lawyer in Prey Veng significantly accelerates the trial timeline, helping to promote efficiency at the courthouse and reduce jail-time.  Further, the lawyer is able to be present during interrogations and protect the responses of the accused.  For cases where representation is an option, not a requirement, IBJ has helped more defendants be able to exercise the right to an attorney, despite inability to pay. Also, the lawyer has assisted with bail requests, which were generally never granted in the past.

My next interview was with the police.  I met the Vice Chief of the Prey Veng Police, who has been in law enforcement for 33 years.  He was very interesting, we talked for close to two hours.  He raved about IBJ’s training sessions on the new versions of the Criminal and Penal Codes, and regularly attends Roundtable discussions that we hold with the Minister of Justice and other lawmakers. He thinks that IBJ has greatly affected police understanding of the law. As a police officer, the Vice Chief never understood why IBJ only wanted to help the accused.  Other organizations had always supported only the victims.  With IBJ’s help and new legal awareness, he understands the importance of protecting both the accused and the victim, because defendants have rights too.  The Vice Chief was so inspired that he returned to school and graduated at the top of his class with a Master’s degree in law.  He is incredibly proud, and showed me pictures of his graduation ceremony.  Additionally, he has worked towards a teaching certification, so that he can teach others within the Province about how to properly enforce the legal Codes. Comparatively, legal practices in Prey Veng have not been horribly atrocious on the scale across Cambodia, and the prisons here are not given priority in monitoring by NGOs.  Still, it was amazing to see such a genuine effort to be even better. The Vice Chief spoke about torture, and acknowledges it as a practice of the past (please, there are other areas where this is still a major problem, I don’t want you to get a completely rosy picture of police custody and prisons). Through his work, he is confident that he has not personally seen any recent physical torture.  But, he cannot always be present at the office to monitor the staff and he thinks that there is still a problem with mental intimidation during questioning.  However, he personally admonishes culpable staff and tries to advise lower-level officers on how to interrogate effectively, but according to the law.  Most of all, he would like for torturers to be held responsible for their wrongdoings. After finishing, he whipped out his camera and wanted to take some pics with Dalis and I.  Unfortunately I didn’t get one, I hadn’t brought my phone, but I made sure to bring it with me to the prison.

Driving up to the prison for my last interview was interesting.  It was a bit out-of-town and, as we approached, men in royal blue jumpsuits with white trim dotted the roadside.  Dalis told me that they were all prisoners.  They were out maintaining the road, working on the farm, and carrying building materials for constructing the new prison building, sponsored by an Australian NGO.  They seemed happy enough, joking with each other, pointing me out, smiling and waving.  Extra big smiles when I said “hello” in Khmer (soo-ah s’dey).  I could walk around the front grounds, but the guards wouldn’t let us inside, as expected, so we met with the Prison Chief (since ’93) in a hut outside.  He commented on the good relationship between the prison and IBJ, the shorter detention times since IBJ arrived, and how the lawyer visits often, never discriminating between prisoners.  He mentioned that the prisoners mostly request the IBJ lawyer, based on recommendations from others.  The lawyer has a good reputation for following through as promised and providing representation without receiving personal benefit. I like this, the Chief told me that:  “before, in the past, the prisoners seemed sad because they were unable to solve their problems. Now, they seem like they have hope.” Through 2000, more prisoners would try to escape from the prison.  Now, there are rare attempts to flee. When asked, he briefly told me that torture has decreased, but also mentioned that he cannot speak for all the employees.

Friday night, Dalis took me to get an amazing little filled omelet and fried beef skewers.  She is a cautious moto driver because of a bad accident last year; she still has a limp.  I need to remember that when I start driving mine. Afterwards, I fell asleep early watching Talladega Nights with Khmer subtitles in the Hotel, to wake up for a 4 AM share taxi back to Phnom Penh on Saturday.  It was nicer than the bus and I was in the first legitimate row, but the driver had squeezed an extra bench seat in front of me, so I knocked knees with a Khmer boy for the entire drive home.  Its okay, I slept, and my head was definitely on Dalis’s shoulder for a while, I hope she didn’t mind.

My roommates in Phnom Penh were having a party on Saturday night.  We were lazy during the day, made preparations, went to the market nearby (it’s great, smaller and less touristy) to get party necessities: a 25-pack of coconut-scallion pancakes, beef skewers, banh-mi with some sort of mash-up of different meat types, 3 packs of Angkors, and 2 bottles of rice wine (they are like $1.50 each).  A true Cambodian party.  I was excited about some Khmer music CDs we got at the market for like $1, but of course they didn’t work.  An eclectic mix of guests started to arrive around 7, and we eventually filled the entire front porch.  Coworkers from Abby and Art’s firm and from Ali’s UN office, Agugu and his group of friends from the guesthouse, random NGO workers, and Ali’s Khmer manicurist and her sister, who have been psyched to have a foreign friend since we met them a few days earlier.  Ali complimented one of their sparkly sweaters, and she quickly removed it and gave it as a present.  It turned out to be a fantastic night! Definitely one of my favorite in Phnom Penh thus far!

Saturday, Abby had food poisoning, poor thing, a reminder to be careful. I brought her a coconut off of the street and drank one for myself to help my rice wine hangover.  Art came with me to see Avengers 3D in a Khmer theatre (it was in English, Khmer subtitles) and I ate the best bowl of Tom Yum I have ever had on the riverside for $5, very expensive.

Monday, there was a power outage in all of South Phnom Penh, so I left work at noon after hanging out with the new intern Jackie (she is heading to Mondulkiri, famous for elephants and a neighbor of Rattanikiri) and went home to pack and get ready to go to Banlung at 5:30 on Tuesday.  I am in Banlung now, I made it safely. But wow, I am still gathering my impressions, so that will be my next post. This place is amazing!

Signing off with a quote from Khmer Buddhism:

We are what we think.
All that we are arises with our thoughts.
With our thoughts we make the world.
Speak or act with a pure mind
And happiness will follow you
As your shadow, unbreakable.

– Buddha, out of the Dhammapada

Love, Becca

May-Tah-Wee

Say it with me, “May-Tah-Wee.” This means lawyer.

So, it has been about a week since I posted to the blog.  Work started last Thursday. That night, we ate at a great place called Friends, which is a charitable restaurant that trains young adults for the hospitality industry. Friends is a little more expensive (we’re talking $5-6) because it has some western food. I had a delicious zucchini-chickpea-beet veggie burger, a good change from noodles.  In all, there were close to a hundred numbered items on the menu. When we ordered by number, the young waiter quickly recited the name of each item we requested, proudly telling us he practices every day.

The weekend was awesome. Abby and Ali’s friend Art got into town, who will also be working at Abby’s firm.  On Friday night, we met up with a friend of a friend’s from Loyola, Stu. He has lived in Phnom Penh for close to 3 years and he took us to a great Khmer barbeque place, where we had a little stovetop on the table. We ate shrimp and beef and frog legs and eel, all very delicious, and we washed it all down too many pitchers of Angkor to count. Agugu (now a good friend and best tuk-tuk driver ever) and two of his friends came too. Afterwards, we went to a little bar called Quealy’s, I think Aaron Fuccello would be jealous of that one.

Saturday I somehow slept in until about 1 PM. I guess I could try to blame jetlag, but that’s an arguable excuse at this point, I feel like I have been here for quite a long time. That night we tested out Khmer pizza and a pomelo, the giant citrus fruit. Well rested, Sunday was moving day! Ali, Abby, and Art’s place is great! Its the second floor of a house, complete with orchids, a mango tree, a huge front porch, and a new hammock for me to sleep in until I head up to Rattanikiri. Goodbye, Okay Guesthouse! But seriously, I thoroughly enjoyed my stay there and I will miss the eggs from the place across the street. After we were settled, I took Abby and Art to see Wat Phnom, and Ali met us at Central Market. My friends needed housewares and a case of Angkors for the new place, I am in search of some more pants in size “foreigner.” People here are tiny compared to me, so that has proved quite difficult. Ali picked up a nice secondhand moto, and we snacked on meat skewers and some amazing coconut-scallion pancakes from a stand in the sweltering heat.

Monday was an important day, the “Day of Anger” or “Day of Remembrance,” formerly the “Day of Hatred,” where Cambodians mourn the victims of the Khmer Rouge. May 20th marks the anniversary of beginning of the mass genocide.  Had I not been working, I would have tried to go back to Choeung Ek Genocidal Center, where Cambodians participate in a memorial service and a reenactment of the killings.  In Phnom Penh, there was stand-still traffic on the way home from the office, as most citizens were out and about visiting temples and the riverside, bringing offerings for the Gods.

At work, between practicing my Khmer with the office staff, I have been pouring over LICADHO Reports, the Cambodian Code of Criminal Procedure, and reports to the UN Committee Against Torture.  Interestingly of note, the 48th session of the UN CAT is currently underway in Geneva through June 1st. I also stumbled upon a Cambodian Code of Conduct for Law Enforcement Officials in the IBJ office; I could not read it, as it is written entirely in Khmer, but I did notice that it is a measly ten pages long, double-spaced and on smaller paper.  This blog post is about what I have learned from these materials since starting work, so it is a bit fact-heavy, but shocking and interesting, and I think all should read. If you really don’t want to, at least skip down to the end, to see how I ended up finishing this post from Prey Veng Province on Wednesday night. Though, I may not be able to upload it until Thursday because of some spotty internet.

Let me cut-and-paste IBJ’s mission statement, a reminder of why I am here: “In recognition of the fundamental principles of the Universal Declaration of Human Rights, International Bridges to Justice (IBJ) is dedicated to protecting the basic legal rights of ordinary citizens in developing countries. Specifically, IBJ works to guarantee all citizens the right to competent legal representation, the right to be protected from cruel and unusual punishment, and the right to a fair trial.” Click for IBJ’s webpage specifically for Cambodia, with additional information.

I pulled this quote from a report to the Committee Against Torture (2011): “In Cambodia today, there are no measures available to effectively prevent acts of torture. In this regard, the state of the judiciary is of particular concern. In his most recent visit in June 2010, Surya Subedi, UN Special Rapporteur on the situation of human rights in Cambodia, summarized the situation of the country’s judiciary as follows: ‘…a combination of a lack of adequate resources, organizational and institutional shortcomings, a lack of full awareness of the relevant human rights standards, and external interference, financial or otherwise, in the work of the judiciary, has resulted in an institution that does not command the confidence of people from many walks of life.’ Moreover, in his most recent report dated September 2010, the Special Rapporteur went further to note that ‘people seem to be generally fearful of the courts’; ‘corruption seems to be widespread at all levels of the judiciary’; and ‘the judicial proceedings have been used by the rich and powerful in many cases to dispossess, harass and intimidate the poor as well as their lawyers and those working for them in the civil sector’. Under such conditions, the judiciary is failing to assist in the prevention acts of torture, and it is not able to provide an effective redress for any victims of torture in Cambodia.”

Most importantly, I am proud of Cambodians who are pushing for change and I am proud to be here helping.  That said, the following is a summary (I’m trying to do my best) of only some of the problems within the Cambodian legal system, and factors that contribute to torture:

  • “Torture” undefined: “Torture” remains undefined in Cambodian law, including the Penal Code. This leads to wide inconsistency in the understanding of torture among law enforcement officials. Additionally, psychological harm is generally not considered to be a form of torture. Likewise, mental disabilities or illnesses are not readily considered defenses to crimes, though the law requires these as legitimate pleas.
  • No immediate right to a lawyer:  Article 98 of the Cambodian Code of Criminal Procedure says that “After a period of twenty four hours from the beginning of the police custody has expired, the detainee may request to speak with a lawyer or any other person who is selected by the detainee, provided that the selected person is not involved in the same offense.” Essentially, detainees are barred from contacting a lawyer within the first 24 hours of being held by law enforcement officials. This window without representation is generally sufficient for extracting an expedient confession, often under duress, whether truthful or not. A clear majority of torture cases arise during police custody, whether by physical violence, electric shocks, intimidation, prolonged handcuffing in uncomfortable positions, shackling, or another form. Torture during policy custody has proved fatal, for example, causing the death of nine victims in 2009. Additionally, there is no timeline for notifying the parent or guardian of a minor and police facilities are often inadequate, lacking appropriate cells for detention.  Cases have even been reported of detention within a bathroom stall.  While NGOs monitor many of the prisons, they are not permitted to monitor places of police detention.
  • Forced confessions are considered admissible evidence: This essentially violates the right to a fair trial. There is a substantial absence of rules in relation to the admissibility of evidence, particularly within the Cambodian Code of Criminal Procedure. The rules allow for a forced confession to be revoked during interrogation before the investigating judge (note: here, judges pretty much conduct discovery on their own at the request of lawyers).  But, while the rules permit revocation, the general attitude is that it is the accused’s fault for confessing in the first place. Confessions are still valued over other contradictory evidence.  Of CDP (Cambodian Defenders Project, a similar NGO) clients who recently attempted to revoke their forced confession, all were still subsequently convicted.
  • Social Affairs and “Rehabilitation” Detention Centers: The Social Affairs centers are entirely illegal, and contradict Article 38 of the Constitution, which states that there shall be no prosecution, arrest, or detention of any person unless in accordance with the law. Likewise, while the idea of “rehabilitation” centers is a good thing, these centers are not at all what you would imagine. Vulnerable people in Cambodian society can be arbitrarily targeted with no opportunity for legal recourse. Just like with police stations, neither the Social Affairs or Rehab Centers are allowed to be monitored by NGOs.  The Social Affairs Centers are really just a dumping place for prostitutes, prison overflow, street children, homeless people, beggars, etc. Police will periodically sweep the city and collect these “undesirables.” Those detained in Social Affairs facilities are not necessarily accused of any crimes, so they are completely removed from the legal process, denied due process of law, and deflected from the criminal justice system. There are slim ways to contest detainment in these illegal prisons. Similarly, “Rehabilitation” Centers are really just labor camps. Ironically, the most prominent is named “Orgkas Khnom,” or “My Chance.” They exist under the pretext that they are voluntary, but individuals seldom choose to go there. Close to ¼ of the population at the Rehab Centers are children, held with the adults. Conditions at both of these centers are arguably worse than legitimate Cambodian prisons. Prostitutes collected during street “cleansing” are have been violently gang-raped by guards or police.
  • Limited options for medical care: During police custody, Cambodian law does not specifically allow a detainee or his lawyer to request medical help. In fact, the law essentially grants law enforcement officials full discretion in deciding when a doctor’s services might be appropriate. Whether injured prior to custody (ie. a drunk driving accident) or as a result of torture during custody, police generally refrain from referring detainees to hospitals, for fear that they might escape. Officials often demand payment for permission to see a doctor.
  • Limited pre-trial options: The law officially states that “In principle, the charged person shall remain at liberty.” However, provisional detention may be ordered for a charged person in cases of felonies and misdemeanors with a punishment of imprisonment for one or more years. Pre-trial detention requires good cause and necessity, examples from the law include: to ensure the presence of the accused at trial, to stop the offense from occurring again and to protect the security of the charged person. However, the vast majority of those accused of any offense are detained without proper review, such that in prisons, the number of individuals who are awaiting trial exceeds the number of individuals who have been convicted and are actually serving their sentence. Additionally, the official guidelines for pre-trial detention time limits are seldom followed, and are summarized as follows: 6 months – adults accused of a felony, minors from age 16 to 18 accused of a felony; 4 months – adults accused of a misdemeanor, minors from age 16 to 18 accused of a misdemeanor, minors from age 14 to 16 accused of a felony; 2 months – minors from age 14 to 16 accused of a misdemeanor, no detention is permitted for a minor under the age of 14.  The investigating judge may extend the provisional detention with an order and a statement of reasons, but generally not for more than ½ of the minimum sentence set by the law for the alleged offense. However, renewals are often presumed by prisons and judges do not participate in periodic review and justification. This makes pre-trial detention it very difficult to contest. Most prisoners spend the entire pre-trial period in prison. Because the system is very backed up, this could be quite a while. There are cases, not uncommon, where prisoners have been held for longer than the maximum prison term for the charged offense before even being sentenced.  To make matters worse, the Art. 249 of the Cambodian Code of Crim. Proc. requires trial to begin within 4 months after the investigation period is closed.  This rule is frequently interpreted as allowing for 4 additional months of detention in addition to the absolute time limits listed above.  The completion of an investigation should normally terminate provisional detention without good cause. Art. 249 is rarely complied with. Interlocutory orders allow courts to circumvent the law to push back the date of trial.
  • No separate juvenile justice system: This one speaks for itself.  It is understandable that identification is more difficult in Cambodia, and birth records are unreliable.  But, there are examples of boys as young as 12 being imprisoned in adult cells, when they shouldn’t even be in prison at all.  The need for a juvenile system makes it easy for young defenders to fall through the cracks, and into the adult system.
  • Overcrowding: There is excessive pre-trial detention, and convicted prisoners are often held past the date that they are supposed to be released.  An additional contributing factor is that in cases of appeals by the prosecution, prisons are permitted to detain the accused, even when the defendant was found innocent by a lower court. Appeals courts are especially overburdened, causing an unnecessary excess of prisoners awaiting appeal. It is possible for prisoners who are eventually found innocent on appeal to have served time for several years. As of June 2010, the total capacity of all of Cambodia’s prisons was at 173%, this does not include illegal detention facilities and “rehab” centers. There is an average growth rate of 14%.  At this rate, even with the new prisons that the country is trying to build as a “band-aid” remedy, Cambodia is set to have the most overcrowded prisons by 2018. The government strongly relies on imprisonment as the main form of punishment, and has yet to realize that building new prisons is not a solution to the overcrowding. NGOs have repeatedly pushed for a more holistic approach, such as the implementation of reasonable fines or a community service program for minor offenses.  Currently, the severity of the crime is not proportionate to the sentence given.  Cases have been reported where teenagers either stole a chicken or broke a window and were given 6 months imprisonment. Most importantly, the overcrowding leads to incredibly poor conditions.  There is not enough food to eat (generally a bowl of rice or porridge each day), sewers overflow into cells, the water is of poor quality, there is significant disease. Separation of prisoners is limited.  Men and women are kept relatively separate, but not always during recreation. This can lead to rape, but instances are rarely reported because it is such as taboo topic in Cambodia. There have also been a few reports of guards raping female prisoners. Because prisons are understaffed, there are not enough women guards for women prisoners. 
  • Prisoner Self-Management: Some senior prisoners may be selected for committees to serve as quasi-guards.  The problem with this is that guards can delegate abuse to these senior prisoners, which further shields prison officials from responsibility for acts of torture.
  • Insufficient resources: Insufficient facilities are clearly an issue, as discussed below. There is a serious need for forensic pathology equipment, for more accurate convictions. Additionally, the caseloads within Cambodia are overwhelming, with few admitted attorneys. Lawyers are technically required by law for minors and criminal defendants for felonies, but there is no comprehensive, readily available legal aid scheme for impoverished and vulnerable populations. A Legal Aid Department does exist, but its abilities are limited, such that 90% of people seeking representation are referred to NGOs, like mine. As a result, monitoring has shown a clear deviation from the rules: even defendants with felony charges against them have appeared at trial without representation.
  • Widespread corruption throughout the legal and law enforcement systems: The Supreme Council of Magistracy is charged with maintaining the integrity of judges and prosecutors.  However, many active judges and Justices sit on the council, a clear conflict of interest. Affiliation with political opposition can bar acceptance to the Bar Association of the Kingdom of Cambodia (BACK), and astronomical fees are sometimes demanded. There are a high number of applicants, but a limit on the number of candidates, despite overwhelming caseloads. Lawyers that are government-appointed are often contacted only a day prior to trial, where the law clearly requires 5. They will often simply show up to satisfy the procedural rules. Crimes by law enforcement personnel are rarely fully investigated.  Excessive imprisonment is not only a problem for pre-trial, provisional detention, but it is also a problem for convicted prisoners held beyond release date. Corrupt officials see this as an opportunity to demand additional payment for processing release papers.  The allowance for rations per prisoner was recently increased, but this has not seemed to change to quality or quantity of the food, as guards may eat some of the food. Guards will also charge inmates for recreation time, medicine, rehabilitation programs, water, and visitations. Furthermore, officials are rarely investigated, there have been just 2 cases since 1991. In one case, a policeman killed his wife during an argument and only received a 6-month prison sentence. Generally, fear of law enforcement prevents reporting.  No victim or witness protection program to ensure confidentiality of those who report cases of torture.  Additionally, there is disproportionately cruel treatment of detained sex workers, including extreme violence and repeated rape, especially within illegal detention centers. The fear of reporting is particularly significant for prostitutes, as testifying about abuse may also implicate the victim in illegal activity, as sexual exploitation and human trafficking were recently criminalized as offenses in 2008. Of rape cases, an overwhelming proportion involves trafficked children, and there are no methods to protect identities.  For all of these reasons, less that 6% of rapists are held accountable.

From what I gather, Cambodian legislation is drafted with good intent, but there is general failure to completely adhere to the laws that should guarantee fair trials and humane treatment of criminal defendants. Don’t get me wrong, many Cambodians and supporters have been incredibly proactive in moving towards legal goals, and the past decades have shown admirable progress, but there is still a long road ahead.

So, I have clearly been reading tons about Cambodia at the IBJ office in Phnom Penh until today, Wednesday. At about noon, I was suddenly told I need to do some field work in Prey Veng Province, on the Vietnamese border en route to Ho Chi Minh City. We are writing an article for Peace Direct, and I need to conduct some interviews via translator with a judge, the prosecutor, the police chief, and the prison chief, to gather their opinions of IBJ’s impact within the local legal system. This is an unexpected detour, but it should be interesting, and I am excited to get out to an area of Cambodia that I didn’t plan on seeing.  I cancelled my Thursday transportation to Rattanikiri, and I’m heading east on the 1:30 bus.

I am excited to tell you all about my experiences in the countryside.

Love,

Becca

Blind Masseurs and Happy Birthday to King Sihamoni!

Remember guys, we’ve been celebrating the King’s Birthday! Sidenote: King Norodom Sihamoni is gay.  One of the few US channels that we receive in Cambodia is CNN, which has recently focused extensively on the Obama vs. Romney opinions of gay rights.  It makes me wonder what the Cambodians think, when they have been through so much, and the politics of the most prominent country in the world outwardly centers on such a trivial issue. Sihamoni’s father, and the former King, has previously stated that he believes that God views homosexuals as equal because “[He loves] wide range of tastes.” On the other hand, the Prime Minister publicly disowned his adoptive daughter for being a lesbian.  Regardless, same-sex marriages are tolerated, and the government typically does not get involved. I like that.

Also, for anyone who missed the last blog post, it is intense but informative.  It helps explain Cambodia’s dark past and why I am here volunteering.

Cambodia has been very fun, I saw a ton of new places while running errands on Monday. I met up with Ali, a fellow law student who had my position in Banlung last year.  I am inspired by Ali’s Khmer language skills, which she primarily developed while living in Banlung.  I will practice a ton and work with a tutor; I hope to similarly converse conversationally by the end of the summer.  I am catching on a teensy bit, starting slow with Hello and Thank You. This is nothing like Spanish. Ali received an amazing fellowship that will allow her to stay in Cambodia for a full year until May 2013. This fellowship recognizes the need for experts in the languages and cultures of underrepresented nations. They award grants for graduate students to participate in cultural immersion, in exchange for a minimum 12-month employment commitment with one of 4 US “priority” agencies, including the Department of Defense, the Department of Homeland Security, the Department of State, or or the CIA. I am actually interested in looking into the application process.

So, after eating a delicious bowl of shrimp and meatball tom yum on Monday morning, I went to get my phone and USB Internet Modem set up at Metfone, with Ali’s help. I got a used phone, and was surprised to turn on the phone and find that the banner is set as “Voyeur tapes teens shower.” Interesting, creepy. This makes me kindof curious as to who owned this phone prior to me. We also headed over to the Russian Market, an amazing spot with local vendors selling anything that you can think of, car parts, clothes, CDs, DVDs, meats, fish, fruit, vegetables, etc. It was incredibly hot within the market, I was literally dripping with sweat.  Pretty much all the food that I have been eating lately initially comes from here, so it was cool to see. I made sure to include a few pics. I picked up an interesting fruit with a gooey center and a name that I cannot pronounce, a little notebook to help me remember Khmer words, as well as a new motorcycle helmet for $15. Our last stop was the supermarket. It is always fun to see what brands foreign countries carry, as well as pricing.  Huge bottles of water run at about 40 cents, while Honey Nut Cheerios are close to $6/box.

I have enjoyed my frequent tuk tuk driver.  He is our same age, is making conversation and cracking jokes, like how he has to have money to get a “hunny.” On Monday afternoon, I asked him if he would take me to Tuol Sleng Genocide Museum. I mentioned Tuol Sleng in my last post, the former security office and prison, one of three similar compounds used by the Khmer Rouge. Once the grounds for Tuol Sleng primary and secondary schools, “S-21″ was created on orders of Pol Pot in April of 1975. Pol Pot had already forced city dwellers to the country side, to labor in conditions close to slavery. The four buildings at S-21 were used for detention, interrogation, torture and killing. The prisoners that passed through here were well-documented, just like at Choeung Ek. And, just like my visit to Choeung Ek, it poured.

The compound is eerie, upsetting. It is surrounded by two rows of corrugated iron fence, topped with dense coils of barbed wire.  Once, the front of all the buildings were covered in a sheet of woven barbed wire, so prisoners could not jump down. The former classrooms in buildings B, C, and D were either used as large cells, or were converted to blocks of cells for individual prisoners. The cells for individuals were crudely created of wood or brick, and were not any bigger than 2 feet wide by 2 meters deep. However, now only Building C is remains unchanged, with cells intact and barbed wire still on the face. Building A contained bigger rooms, furnished with a bed, blanket, a bucket for waste, and glass-paneled windows to muffle the screams of torture. This building was used primarily for cadres, leaders accused of promoting an uprising against Pol Pot.

A wooden structure, formerly a Tuol Sleng swingset, became the gallows of S-21.  However, these gallows were used as a torture device for interrogations, not necessarily for killing.  Prisoners were hung upside-down by their feet until they were unconscious, then they would be shocked awake by a guard dipping their head in an enormous pot of dirty water.  Pictures of the former chief guard of the S-21 system, Kang Keck Iev, AKA “Duch,” appear throughout the museum in exhibits, now heavily marked with devil horns and derogatory comments in a variety of languages. Duch, recently sentenced to life in prison as of Feb. 2012, has the blood of about 20,000 prisoners on his hands, between those killed at S-21 and those sent to Choeung Ek for execution.  The faces of many of these prisoners are now memorialized in an exhibit throughout the upper floors.  Endless haunting expressions, including innocent tiny children, knowing adults, and sad elders, all marked with numbered tags. Few managed strained smiles for the photo. Their fate was obvious. Also exhibited: shackles, torture devices, bones, confessions, biographies, and a photograph of a map of Cambodia that had once been created out of human skulls.

When S-21 was discovered after the Khmer Rouge fled, there were 14 decaying, tortured corpses found within the prison, one of them female. These unidentifiable victims, the last of many, are now buried in the courtyard. Pictures of their bodies, as they were found, hang on the walls of the corresponding rooms.  The exact beds on which they laid are still there, but the large amount of blood seen in the pictures has since been cleaned up. All in all, there were only seven to emerge from S-21 alive, one of them is Cambodian artist Vann Nath. Vann Nath paints scenes of his experiences at the prison, which are now on display.

Tuol Sleng became a museum in 1979, when the Kampuchea People’s Tribunal began the prosecution of the Democratic Kampuchea’s leaders. Pol Pot passed away in 1998, but “Case 002″ is still ongoing, involving the prosecution of the remaining leaders: Khieu Samphan, Nuon Chea, Ieng Sary and his wife Ieng Thirith.  They stand trial for war crimes, genocide, and crimes against humanity.

After Tuol Sleng, I ate traditional Cambodian Lok Lak for dinner, which is marinated cubed beef, with a fried egg, rice and a lime black pepper sauce.  Then, we set out for a comedy show, apparently held monthly at club called Pontoon.  Pontoon is the ritziest place that I have been to yet, with fancy furniture, flashy lights and sound equipment, ice cold A/C. The patrons are entirely foreign visitors or expats, with an $8 tickets price for the show and $3.50 Angkor beers, which I tried for the first time. Keep in mind that the price of my beef dinner was $3. It was an Australian comedian who is on tour; he had just come from Singapore. He was pretty funny, but I am clearly still a bit jetlagged and I was excited to get home.

Today, I did some more wandering, but I started my day off with a real treat. I have heard really cool things about Seeing Hands Massage, is a successful employment opportunity for the blind. For $5/hr you can have one of the tables in the fan room, or for $7/hr in the A/C room. Not that I have had a ton of massages to judge, but Seeing Hands was definitely the best massage of my life, perhaps just because of the whole experience.  I was with Sofea, a tiny older lady, who cautiously felt her way into the room. As she helped me get situated, she chucked to the other masseurs, clearly commenting on how I did not fit on the massage table. My LonelyPlanet says it best: “the blind masseurs here have been in the business for many years and can sort out those niggling aches and pains, offering shiatsu or foot massages.” I went for the full shiatsu. I have been going a mile a minute since finals, and this was the perfect relaxation. Sofea wore a little beeping necklace that told her the time every few minutes.  She climbed all around me on the table, and if she happened to place a knee down on me, she quickly apologized: “Sorry, Sister.” Afterward, though she cannot speak much English, she eagerly asked me questions about who I am and where I am from. Amazing, really.

From Seeing Hands, I walked over to Wat Phnom, a landmark Buddhist temple in the city.  There was some sort of Justin Bieber dance-off at the base. Wat Phnom is on top of the only hill in Cambodia, only 27 m high. For foreigners there is a fee, I think it was like $1, but locals come to pray for good luck.  Also up there is a stupa containing the ashes of former King Ponhea Yat (died, 1467). It was cool, I got some neat pictures of the ornate Buddhas (this may or may not have been allowed), but my guidebook says that there are normally large troupes of macaques that get aggressive when people eat food. I was disappointed because I didn’t see one monkey; I should have brought a lot of fruit.  From here, the US Embassy was close, which just looked like an office building. Then, I walked down to Psar Thmei, or the Central Market, which as mostly cool because of the architecture.  It has a huge, yellow, domed main hall for ventilation, with a little clock tower in the center, where you can find any sort of fake jewel imaginable.  The 4 wings have vendors with similar products as the Russian Market, but it is way more expensive and touristy. Most pricey was Sorya Shopping Mall, which mimics Western shopping centers. Six floors of vendors with rare Air-Con, much more expensive merchandise (electronics and knock-off handbags), a food court, a movie theatre, and even a roller-blading park on an upper level. Coolest of all was an observation deck on the 8th floor surrounding a near-empty hot-pot restaurant. I couldn’t believe I was alone up there with the great view; I snapped some great shots of Phnom Penh from above and took a quick moto home.

Our tuk tuk driver and two of his friends (Agugu, Chok, and Alah) took Ali, Abby (Ali’s friend from school who just arrived), and I out for Khmer dinner and beers.  Well, we paid. We had steak and basil chicken and we also ended up downing two entire reservoirs of Angkor beer (only $6 each), and an additional small pitcher. It was really fun to hang out with them; I learned some new words, and some men from the Philippines at the neighboring table bought us a durian for $10. For those who don’t know, a durian is a huge and stinky fruit, with a brown spiked exterior, but the fruit itself is creamy and sweet. We had so much that we passed it around.  Afterwards, our tuk tuk driver had to have his friend drive home, and we ran out of gas and ended up pushing the thing for about a block, in the rain. It was the first time that it rained all day. Oh well, adventures!

This morning I just ran more errands, this time with Abby, hitting up several of the same places.  For $2 I picked up a Phrase Book, a Cambodian Dictionary, and a copy of The Little Prince (my favorite book) in Khmer. I did go to the Cambodian National Museum this afternoon. The building is quite the gem, and it is full to the brim with artifacts and ancient sculptures. But, most impressive were the ponds and gardens in the courtyard. Then, I treated myself again with a $5 manicure and pedicure. Though I could probably get a paint job for a lot less in one of the markets. Friends was a good cause; it is a vocational training school that also sells handmade merchandise and has a restaurant. The girls doing my nails were probably 14 years old, they were so sweet and they practiced Khmer phrases with me so that I could write them in my notebook. The one in charge seemed to be a little older and kept coming over and checking their work. I really enjoyed it and they asked me a ton of questions about America. I let them pick my color and ended up with electric blue.  Nails take forever to dry here, it is so humid.

Abby went into work for the first time this afternoon, and I met up with her and some of her coworkers tonight for trivia at a hotel bar.  Very fun! We were in third until the music round, then fell behind.  Now, I am quickly finishing my post, then it is off to bed for work tomorrow morning. I am very excited, especially because I should have a much clearer idea of what exactly my job involves.

Wish me luck!

Love, Becca

Lessons from the Killing Fields

Okay guys, first off, I figured out the holiday thing pretty quickly. It’s King Norodom Sihamoni of Cambodia’s birthday! Of course! Well, officially it is the 14th, but the 13th-15th are all official public holidays. Obama should probably work on establishing something similar, I could use a few more study days right before my next set of finals.

Because of the construction at my place, I am grabbing dinner at Happy Guesthouse, across from Okay.  They were blasting Bob Marley hits, which drew me in.  Wait, we just switched to Amy Winehouse, but I’m cool with that. RIP. I am writing this post while sipping green tea and devouring my bowl of chicken Khmer Curry, which is so spicy my nose is running.

On a much more serious, historical note, I went to the Choeung Ek Genocidal Center today. This site is extremely relevant to why Iam even here volunteering, as you will see. The mass grave for over 17000 Khmer Rouge victims is well out of town, and was yet another adventure for my “sponge-eyes,” as my boyfriend called them. The tuk tuk ride was probably 20 minutes from Okay Guesthouse, but it gave me a chance to see some rice paddies, the huge Cambodia beer brewery, and a much less touristy side of town. Again, the moto traffic is driving me wild! I love it and I am scared of it at the same time.  I did see a random “Vote for Pedro” (Napoleon Dynamite) tee on a local, and I need to have my mom send me several sets of fancy pajama sets, they are quite trendy.

Before becoming a mass grave, Choeung Ek was a longan orchard and Chinese burial ground, evidenced by a few marked graves and a structure that was used for traditional funeral ceremonies.  The spot was chosen for the executions because of its inconvenient location from Phnom Penh, and the fact that this was already an established cemetary.  Approaching Choeung Ek Genocidal Center, the attitude is suddenly reverent; signs ask visitors to stay quiet.  For $5, I am given a ticket and a headset to guide me through the grounds. I thoroughly enjoyed the audio recordings, with emotional narration by a survivor and added testimony of several other victim’s horrendous experiences.

I must admit that before researching Cambodia, I knew little of the relatively recent genocide. This is graphic, but the world should know about these things, and I have no problem speaking of them.  Choeung Ek represents only one of the hundreds of mass graves left behind by the Khmer Rouge, and their paranoid leader, Pol Pot, AKA “Brother Number 1.”  All in all, these graves contain the bodies of over 2 million citizens.  Some sources suggest that this number should be closer to 3 million.  This has been called a “white collar genocide,” as many of the victims were intellectuals, lawyers included, that Pol Pot feared would undermine his Communist plan. He envisioned complete agrarian socialism, class struggle, and the eradication of culture and traditions to make way for “Year Zero.” Pol Pot, starting on April 17, 1975, claimed an American attack, deceiving the population into an evacuation of the major cities to form his community of laborers.  While he hoped to triple rice production, he exported the vast majority of the crops so that laborers went hungry.

At this site specifically, from 1975 to 1978, prisoners would be brought primarily from the S-21 prison in Phnom Penh.  S-21 was maintained by the Khmer Rouge, but was a High School prior to the takeover.  Any hint of suspicion by a neighbor or coworker would almost indefinitely lead to imprisonment, torture, and execution. Prisoners were often tortured and forced to sign confessions that they had served as spies for the American CIA or the Russian KGB. Pol Pot also abided by the mantra that “to dig up the grass, one must remove even the roots,” which lead to the deaths of entire families.  One survivor’s testimony even reflects on a woman that was brutally raped and killed for stealing 2 bananas, when she was not even the responsible thief.  Busloads of scared, blindfolded citizens arrived about every three weeks, were brought to the fields, and were promptly executed.  In in event that there were too many people to execute in one day, there was a small, windowless holding cell on the grounds to house the remaining prisoners until the following morning.  Because bullets were expensive and precious, they were rarely used.  Prisoners were generally bludgeoned to death, women were raped prior, and babies were held by the legs and beat against “The Killing Tree,” now decorated with colorful bracelets in remembrance. Often the executed were not entirely dead, a “problem solved” with DDT, which also somewhat hid the odor.  A tree, strikingly similar to the Bodhy tree, where the Buddha attained enlightenment, housed a loudspeaker that would play Communist anthems to mask the screams. Additionally, soldiers that failed to obey orders were decapitated all across Cambodia, their bodies shipped back to Choeung Ek to join the other headless rebels in a specific grave. All victims at Choeung Ek are accounted for in detailed records.

      

Now, 86 of the 129 mass graves at Choeung Ek have been excavated, and the bodies of 8985 people were disinterred and examined.The remaining 43 are in a second area, more hidden, and those buried in these have intentionally been left to rest in peace. Fragments of human bone, teeth, and clothing are scattered around the field, continually unearthed by heavy rains and time. People have lovingly collected these lost human pieces, and pile them in certain spots, as well as a tiny pair of purple kids shorts. A stupa was erected in 1988, in remembrance of the deceased, the skulls arranged by age and sex on a large shelving unit on the interior of the memorial. We take our shoes off to visit the skulls, of course, and we bow low in respect.  Garuda, the bird of Vishnu the protector, adorns the top of the stupa alongside its mortal opponent, the Nāga serpent. When these two enemies are together, it is a clear sign of peace.  A newer museum gives background on the Khmer Rouge, displays some prisoner records, and shows examples of murdering tools, including the sharp edge of the sugar palm frond. Unfortunately, I just missed the memorial ceremony on May 9th.  Even more unfortunately, especially to the Khmers who do not want to exploit their tragedy, the Killing Field site was privatized in 2005 to JC Royal Co., so there is a little giftshop on the grounds.

Please, let’s remember that this is only one site.  Cambodia is heavily dotted with similar fields, many of which are still untouched behind corridors of active landmines. Today, I was horrified, teary. And the rain came down hard, which seemed fitting. How could I not have know?  A genocide that rivals that of Nazi Germany, not that this is in any way a competition, and I might have never known of this immense tragedy.  Every older local face I have passed since leaving Choeung Ek brings a swell of emotion.  What is their story? How are they here? How many loved ones did they lose? I learned that Kaing Guek Eav, the former chief of the S-21 prison, actually wept at the Killing Tree when he later visited; he claimed he did not know what went on at Choeung Ek, but I’m not sure that I really buy that. Kaing Guek Eav had originally been sentenced to 30 years in prison, but the appeal of his sentence backfired in February 2012, and he was recently re-sentenced with life in prison.  The judge in the trial called his crimes ”undoubtedly among the worst in recorded human history,” deserving of “the highest penalty available.” I completely agree.

What is more disturbing is the nature of the fall of the Khmer Rouge.  Vietnamese armed forces invaded Cambodia and captured Phnom Penh on January 7, 1979.  However, the remainder of the Khmer Rouge banded together close to the Thai border, and retained their seat with the United Nations, as a rebel group under the banner of the Coalition Government of Democratic Kampuchea.  The United Nations actually continued to recognize them as the legitimate governing body, despite several countries who withdrew support, like Sweden.  I am embarrassed: we, the United States, along with China, sponsored the formation of this Coalition, and Britain joined to help provide extensive military aid and financial support to the remainder of the Khmer Rouge, despite knowledge of the horrific crimes against humanity. On the other hand, the Vietnamese aided in the development of a self-sustaining Cambodian government, and withdrew their forces by 1989.  The new Cambodian government signed a treaty with the Khmer Rouge rebels in 1991, which called for peace and elections. Obviously, the Coalition ignored the results of the elections in 1993, but thankfully disbanded with Pol Pot’s death in 1998.  Several crucial Khmer Rouge figures still await trial, but a second judge has withdrawn himself from the trial, just in March 2012, because of efforts to interfere and impede investigation attempts.

Leaving Choeung Ek, my tuk tuk driver is faithfully waiting.  It takes a few attempts to get the vehicle started. The road home to Okay brings almost an entirely new perspective on Cambodia.  This country is so deeply scarred, but has started to recover. And I am further amazed by the kindness and life that I see. Its overwhelming.  I apologize for such a long post, but this is important stuff!

The “white collar genocide” has left few intellectuals, including lawyers. This is a major reason why unnecessary torture still exists in criminal proceedings, and adequate records are not kept.  This is why I am here, to volunteer my time in some small way, and to learn about this beautiful place, specifically the rebuilding of the legal system, or at least to spread the word as best I can.

After I finished that delicious meal I mentioned, I wandered down the street to investigate a mysterious strobe light.  The city hasthis fountain going in Wat Bottom Park, complete with techno music, rainbow lights, and water effects. Also, I stumbled upon this amazing little festival, just past the Cambodia Vietnam Friendship Monument, probably in honor of the King’s holiday! A vivid reminder of progress and movement towards peace.  I am the only American in sight, and I am continually pointed out between vendors as an obvious sales target. There were some famous peppercorns from Kampot, food vendors, freshly made mochi, and tons of curious fruits. I loved it, but I am too tired to say much more. See the pictures, even though they wont do it perfect justice. Also, tomorrow is the King’s actual birthday so I’m sure that I will have tons more to say.

That said, tomorrow might be a long post too, I am going to the infamous S-21 as a natural counterpart to today’s experiences.

To the souls, I’ve been thinking of you constantly.

To my family and friends, Goodnight.

Previous Older Entries

Follow

Get every new post delivered to your Inbox.