German Lawyer Represents Khmer Rouge Victims

In 2008, the German Development Service sent Berlin lawyer Silke Studzinsky to Phnom Penh as part of the Civilian Peace Service programme. Since then, it has been her task to represent the civil parties -- the victims -- at the UN-backed genocide tribunal.

Studzinsky has already achieved a great deal. Without her, the fact that the Khmer Rouge systematically used sexual violence would have remained in the dark. The fact that they forced people to marry en masse, for example, has been overshadowed by the sheer scale of murder and torture.

“The general perception is that the Khmer Rouge murdered and tortured,” explained Silke Studzinsky, “ but that they punished sexual violence, when it occurred, very strictly because they were puritanical. Male historians have perpetuated this perception.”

Although Silke Studzinsky had little experience of Cambodia before arriving, she had already done a lot of work on sexual violence. “People would mention before, almost in passing, that they had been forced to marry,” she said. “But nobody asked any probing questions! Such as‚ what does forced mean?’ Were you ordered to have sex? What was the point? And if no questions are asked then no answers are given, especially not with this kind of topic.“

This little-known aspect of the Khmer Rouge era was examined at the end of Duch’s trial.

Many Cambodians see themselves as victims

Silke Studzinsky confirmed that the trial had come as a great relief to the victims who were able to speak out against Duch. But she was also critical of Cambodia’s way of dealing with the past.

“Here everyone tends to think of themselves as victims. And the young generation has not really questioned this role of the victim. The idea is that that Pol Pot controlled everything and everyone else had to follow, otherwise they themselves would have been killed. The great majority of those who were alive at the time have taken refuge in this role of the victim.”

Duch himself used this as his defence, saying he had no choice. Moreover, his lawyers alleged that the prosecution had made random choices. They also said that Duch was a scapegoat and that other, much worse, criminals remained at large.

“No equality in injustice”

Silke Studzinsky agreed that the list of the accused is incomplete but said Duch could not use this to talk his way out.

“There is no equality in injustice. This line of defence -- that other prison heads should be on the accused bench before him according to a kind of ranking of how many victims died where -- that his national lawyers in particular are using has no foundation.”

Hearings against four more accused are expected to take place in 2011. Trials for five other Khmer Rouge leaders who have not yet been named are also probable.

They are likely to be summoned and arrested in the near future, said Studzinsky who will continue to represent the victims of the Khmer Rouge in court.

She recently extended her contract until the end of 2010.

Author: Thomas Bärthlein
Editor: Anne Thomas