The chief interrogator, Mam Nay
, a man with more blood on his hands, literally, than Comrade Duch, his former boss at S-21, made a very brief appearance in the witness box at the Khmer Rouge tribunal yesterday. Whilst defense lawyers pointed out that the witness might well incriminate himself whilst giving evidence, the prosecutor gave an assurance that Mam Nay (pictured, CNN) would not be prosecuted in the ECCC. However, that didn't negate a possible prosecution in a Cambodian court at a later date, so the judges adjourned prematurely so the witness could seek legal advice. Why this wasn't done beforehand is beyond me but is another example of delays and time wastage at the ECCC. The evidence collected by DC-Cam over the last decade suggests that Mam Nay will be a key witness in the case against the former S-21 chief Duch, but if he corroborates that evidence, then Mam Nay will be admitting to interrogation, torture and the death in custody of S-21 inmates. It's part of the bigger question that has been debated for decades, if you prosecute only the leaders of the Khmer Rouge regime then the underlings who followed orders and carried out the killings go free. In the case of Mam Nay, the documentary evidence found at S-21 details his role in the torture and killings, moreso than many killers in other locations. Essentially, he's on a hiding to nothing if he tells the truth. Mam Nay, now 76, was known by the alias Chan during his time as Duch's number 2 at S-21. He carried out interrogations of the senior cadre incarcerated at Tuol Sleng such as former KR minister Hu Nim, and according to Duch, also interrogated Western prisoners. Like Duch he had been a teacher in Kompong Thom province and imprisoned by the Sihanouk regime before he re-joined the KR in the early '70s and linked up again with Duch at S-21. In the late 1990s, after the defection of the Pailin-based KR to the government in 1996, Mam Nay became a policeman in Battambang province, though when Duch was arrested in 1999 he went underground, resurfacing in Pailin a few years later.
One witness who did complete her evidence yesterday was Nam Mon, an alleged survivor of two secret detention facilities run by Duch. She testified that she saw Duch beat two of her uncles to death, the first evidence presented to the trial that Duch killed someone with his own hands. As to be expected, Duch dismissed the evidence that Nam Mon had worked as a medic at S-21 as 'far from reality.'Update:
In his evidence today, Mam Nay claimed he never tortured anyone, and was just responsible for 'asking questions of lowly cadre and Vietnamese prisoners.' He's obviously decided to downplay his role at S-21 completely to save his own skin and is unlikely to say anything that will incriminate himself, and therefore much of what he says can be taken with a large pinch of salt. He's not on trial so I'm not sure whether prosecutors' will be allowed to submit evidence that disputes his version of events. He's the first of the S-21 perpetrator witnesses to give evidence though I wouldn't exactly call him a creditable and reliable witness, though some will say who can blame him as he seeks to avoid future prosecution or even revenge attacks.
Labels: Duch, Khmer Rouge Tribunal, Mam Nay, S-21