David CHANDLER

Background

David P. Chandler is a professor of history. He worked at Monash University in Australia from 1972 to 1997.¹ From 1976 to 1998 he focused his research on the Democratic Kampuchea (DK). Chandler learned Khmer language and authored two books on the DK period.² One is a biography of Pol Pot called “Brother Number One” and the other one is a book about S-21 facility called “Voices from S-21.”³ He became interested in Cambodian history when he was posted as an American diplomat in Cambodia in 1960 and 1962.⁴ In the 1990s, Chandler spent four years on researching and writing “Voices from S-21,” studying more than 1,000 confessions from S-21 and working at the S-21 archives.⁵ This book was introduced to the Case File and portions of it used in Chandler’s questioning.⁶

Functioning of S-21

The CPK regime established S-21 in mid-1976 to work on the intensifying suspicions that nests of traitors existed inside the CPK, and to provide information as to what conspiracies are being planned.⁷ S-21 was unique and different from other security offices and detention centers.⁸ Chandler described it as a “total institution” – a closed world with its own rules and no connection to the outside world.⁹ The existence of S-21, its mandate and operation were secret.¹⁰ Policy of secrecy stemmed from political will to avoid interference from other countries.¹¹ Chandler testified that S-21 prisoners were arrested to be killed; there was no possibility of release.¹² Even those who were mistakenly arrested, were executed to preserve S-21’s secrecy.¹³ Chandler testified that CIA, KGB, or Vietnamese affiliations the S-21 detainees were accused of became a catchphrase for an enemy of the CPK.¹⁴ In his view, it was possible that Duch knew that these accusations were farfetched but was following directions from above.¹⁵

The judiciary

The judicial system in Cambodia after the Khmer Rouge victory on 17 April 1975 essentially disappeared.¹⁶ There were no laws, no judges, no lawyers, no trials took place.¹⁷ The only element of the judicial system that remained was the interrogation capacity.¹⁸ The Trial Chamber explicitly referred to Chandler’s testimony and portions of his book on the issue of judiciary in the DK period.¹⁹

Interrogation

There were two methods of getting confessions: one “doing politics” and the other “imposing torture.”²⁰ Chandler explained that imposing torture means a range of activities against the prisoner’s body what would be defined by the international treaties as torture.²¹ “Doing politics” is everything but torture: questioning, cajoling, getting to know, trying to undermine, trying to befriend and trying to contradict, – all kinds of interrogatory methods to extract a confession without torture.²² In Chandler’s view it is likely that “’doing politics’ was the preferable method” and that in some cases it was successful in extracting a confession.²³ Addressing interrogations at S-21, the Trial Chamber used the term “doing politics” and quoted Chandler’s definition of it.²⁴ Chandler testified that the conditions of the detention at S-21 were part and parcel of the system to break the prisoners down, starting the minute they arrived at S-21.²⁵ According to him, “mercy would have had no place in the prison.”²⁶ The Trial Chamber quoted this statement and relied on Chandler’s testimony in concluding that the detention conditions were deliberately inhumane in order to maintain control over the prisoners.²⁷

Sexual violence

Chandler testified that although there were incidents of sexual abuse at S-21, he found no evidence to state that women prisoners were “instantly considered to be available for members of staff to molest and abuse.”²⁸ He stated that the situation at S-21 was volatile, however, any generalized incidents of abuse of female prisoners would have come to the attention of Duch and would have been stopped.²⁹ Chandler also testified that Vietnamese female prisoners were the most vulnerable group, since these were people “who were considered just ipso facto as outside the human race at the time of war” with Vietnam.³⁰

Personality and role of the accused

Chandler never interviewed Duch.³¹ His characterization of Duch’s personality is based on Duch’s annotations to the confessions from S-21, Chandler’s interviews with S-21 staff and survivors, and examination of S-21 documents.³² Chandler testified that Duch had “professional enthusiasm” for his job, and wanted S-21 to be seen by the party center and the international community as “a highly professional and efficient organization” and one Duch could be proud of.³³ Chandler testified that it “would be suicidal” for Duch to put in writing any loud objection to the way S-21 was running.³⁴ He also testified that documents revealed that Duch had suggested sometimes that “doing politics” be employed in place of torture. However, according to Chandler, there was no remorse following from Duch’s knowledge of the day-to-day activities of S-21.³⁵ Chandler testified that Duch was not just performing satisfactorily work, but instead had a desire to excel and serve with skill and enthusiasm.³⁶ Chandler testified that he did not believe that Duch was a sole initiator of “what was going on in S-21.”³⁷ According to Chandler, it was in the tradition of the Cambodian revolution that certain amount of leeway were given to individual people to behave in a revolutionary manner.³⁸ Chandler stated that Duch’s mandate was to see that everyone who came to S-21 left it for execution.³⁹ The Trial Chamber explicitly quoted a portion of Chandler’s testimony regarding Duch’s role in executions, concluding that every individual detained at S-21 was destined for execution.⁴⁰ The Trial Chamber also quoted Chandler’s testimony in its findings about Duch’s role regarding confessions, his desire to demonstrate professionalism and to inform the CPK leadership about uncovering the strings of traitors.⁴¹

Attacks on Vietnam

Chandler testified about the conflicts between the Cambodian and the Vietnamese soldiers through 1977, none of which were publicized in either country.⁴² In finding that from January 1977, Democratic Kampuchea increasingly conducted raids into Vietnamese territory and prepared army for an attack on Vietnam, the Trial Chamber referred to the relevant portions of Chandler’s book and his trial testimony.⁴³

Purges

Chandler described the two main phases of purges: from 1975 to September 1976 - mainly targeting people associated with the former regime;⁴⁴ and from 1976 till the end of the existence of S-21 – predominantly targeting CPK cadres.⁴⁵ Chandler explained that it was likely that at least some of those being purged were, in fact, people who genuinely opposed the regime.⁴⁶

Smashing enemies

Chandler testified about the 30 March 1976 “Decision of the Central Committee Regarding a Number of Matters”, describing it as the closest we’ve got to ... a smoking gun” authorizing the smashing of enemies of Democratic Kampuchea inside and outside the ranks of the CPK.⁴⁷ The Trial Chamber adopted this language and explicitly quoted Chandler’s characterization of this document in its findings on the CPK policy of “smashing” enemies.⁴⁸

Testimony
Date	Written record of proceedings	Transcript number
6 August 2009	E1/59	E1/59.1

Relevant documents
Document title Khmer	Document title English	Document title French	Document D number	Document E3 number
សំលេងចេញពីមន្ទីរស-២១៖ ភាពតក់ស្លុតនិងប្រវត្តិនៃគុកសម្ងាត់របស់ ប៉ុល ពត ដោយ ដេវីដ ឆេនដ៍ល័រ	Voices from S-21: Terror and History in Pol Pot’s Secret Prison, David Chandler	Les voix du centre S-21 : Terreur et histoire de la prison secrète de Pol Pot, David Chandler	D91/I-Annex 4.6	E3/427