The Trial of Nuon Chea (Khmer Rouge 2)

Last Monday, February 4, was the first public pre-trial hearing on the bail petition of Nuon Chea, the administrator of Tuol Sleng, where thousands were tortured and murdered systematically during the rule of the Khmer Rouge in 'Democratic Kampuchea' from April 1975 to January 1979.

Because one of the foreign lawyers (both Dutch) of Chea was not sworn in by the Cambodia Bar Association (and thus could not practice in the country), and the other allegedly could not book a flight from the Netherlands owing to 'short notice,' his local lawyer, and even Chea himself, pleaded with the pre-trial chamber of the Extraordinary Chambers of the Courts of Cambodia (ECCC)---established especially for the leaders of the Khmer Rouge---for a continuance of the proceedings. Just so his rights would not be violated---the rules of the ECCC entitle the accused to at least one local and one foreign lawyer--- the pre-trial chamber granted the request, to the dismay and consternation of Cambodians and foreign observers who had flown in just to witness the start of the proceedings.

I myself was extremely disappointed, but if the move really was in respect of the rights of the accused, that was okay. I was the third person to arrive at the Central Rail Station in Phnom Penh, where, I had been told, a bus would ferry foreign and local observers to the ECCC buildings on National Road 4 about 30 kilometers away, between 7 and 7:30. The bus arrived past 8:30 a.m. but the trip was without incident.

To my knowledge, I was the only Filipino observer there. After getting my security pass, and having my electronic belongings and other banned items receipted (no cameras, phones, cigarets), and passing the metal detectors, I was stopped by the sentry who frisked me. He was looking at and pointed to my thighs. I wished that he had merely wanted to compliment me on my skinny legs, but no, he shouted “shorts!” and thereupon the foreign sentry who had already waved me in earlier suddenly said I should show some respect for the courts. I had asked members of foreign human rights organizations back at the rail station whether shorts were allowed and they replied sure, they knew of no dress code. After concluding that it was pointless to argue any further, I got my belongings back and hopped on a motodup to buy a pair of pants at the nearest public market. National Road 4 is notorious for its lawless driving and my situation was aggravated by a driver who neither spoke nor understood English. He was driving fast and furious merrily back toward Phnom Penh and I had to tap both his shoulders rather violently so he would stop. It was only after I had succeeded with sign language and other gesticulation that I wanted to buy a pair of pants at the local public market that I allowed him go forward again. It was just my luck that the market indeed had a dry goods section with men's pants (the pair I bought presumably fake for $8---I am retarded about such things---I put on shielded by a towel in front of the sales girl). Had I not found a suitable pants, it would not have been beyond me to buy a palda instead, and with hair down, insisted on being allowed in as a dignified cross-dresser, to skirt the issue altogether. So I made it back to the courts just a few minutes after the proceedings had started.

During the break when the judges had retreated to chambers to deliberate on Chea's plea, I had the chance to exchange some words with Helen Jarvis, with whom I had been acquainted way back in 2002 and now head of ECCC public affairs---on the comic affair. She was friendly but unsympathetic. “Are shorts allowed in Philippine courts?”, she asked. Well, I thought, I may not be an anarchist but I am not one for rituals and the visible signs of respect for institutions and individuals, and if they weren't, then they should be. Helen also joked about by pro-cannabis shirt and wondered why the guards allowed that to pass, In addition, I was wearing strapless leather slippers. Is it too much to ask for some respect for my irreverence? As far as I'm concerned, all respect for institutions and official positions need to be earned and should not be accorded automatically.