Magnum Blog / The Khmer Chronicles / Issue Nr 7: Justice and Photography don't mix?

The Khmer Chronicles / Issue Nr 7: Justice and Photography don't mix?

I am going to talk about the Khmer Rouge Tribunal again. Sorry... But I believe important questions were raised recently. At the end of february the ECCC organised two days of on site investigations with Duch, one of the five former Khmer Rouge leaders under custody of the tribunal, at the Chhoeung Ek killing fields and at Tuol Sleng museum, the ex S21 KhmerRouge interrogation center. Obviously and for confidentiality reasons the press was banned from this judicial investigation, a common and quite understandable procedure. No big deal: it's all taken care of in the internal rules of the court (rule 35/1/a, rule 35/2/a & c). The police forces around Tuol Sleng were numerous and the inhabitants from the area were warned not to allow journalists peeking over the former school's walls from their rooftops. The photographers were told they would be blacklisted from the ECCC if they took pictures of Duch. One journalist in a house opposite the museum was held by police for a couple of hours and all her pictures were erased from her cards. Ok, so there was not much left to take photographs of: some policemen blocking the road, the bench they were sitting on and the white car carrying Duch back to his prison flashing by... That was a fairly boring day for sure... But the Law is the Law: no pictures of the investigation, be it of historic value or not...

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Cambodia. Phnom Penh. 27/02/2008: For its investigation, the ECCC brought Duch at Tuol Sleng, the S21 Khmer Rouge interrogation center he was the head of and where some 14000 people were detained and interrogated and later killed at Chhoeung Ek. The whole perimeter around the museum was tightly secured by the police and journalists were threatened to be blacklisted at the tribunal if they took pictures of Duch. One journalist was actually briefly detained and all her pictures were erased. © John Vink/Magnum Photos Well, think twice... The Law has rabbits in its hat (rule 56/2/b): it can "jointly grant access to the judicial investigation to the media or other non-parties in exceptional circumstances". And yes indeed: it soon leaked out that there was a camera team present at the on site investigation. Questions were asked as to who these people were of course. They are Jean Reynaud, a lawyer taking a sabbatical to make a movie on the investigation, and Rémi Lainé, a well known documentary filmmaker. They work under very specific conditions to make a "broader documentary project to describe the technical aspects of the investigation". The 3/03/2008 ECCC press release (download "OCIJ Statement on Reconstruction Recordings") about this issue boils down to:

Peter

I suppose it does not happen often that you are scooped on the basis of a court decision! It appears that the two privileged film makers are French; that one of them is a lawyer. There are two French judges on the court (one in the trial chamber and one co-investigating judge), and I suppose most of the Cambodian judges were trained in France. Coincidence? The press release mentions that several options were reviewed. It could be interesting to ask which options did not make it. All this said, would you have agreed with the main restriction that the material can be released after the completion of the court proceedings -a few years from now... or not so late since it cannot be ruled out that all of the accused will soon have died of natural causes...

John Vink

Peter, Yes I would have agreed to the embargo, even though I would have a hard time justifying myself to my khmer colleagues. Embargoes are imposed on us all the time. I have one running right now on the pictures I took from Rithy Panh's new movie "Un Barrage Contre le Pacifique...
What bothers me most is that someone would not trust me. And second that photography is completely disregarded in this case as an essential part in understanding history.

Bob Black

John:

1st the pics: Let me say again, how much i love the photograph of the bench (though, i see it in my mind's eye in monochrome and with a halo of grain ;) ) and how that 1 photograph conveys so much, metaphorically, about the entire Trial Process and it's relationship to the history of the KR.:

A meditation bench, a work bench, a torture bench, a fisherman's bench, a seamstress' bench, a child's school bench, a funeral bench, a shrine for a ghost too.....

As to the legalities, I figured that that query at that other blog about "photographic responsibility" might be related to your predicament (and i tried to answer it accordingly with that context in mind). It's a sad, but still often true for many, perception that photographic imagery (still) someone (in this day and age) suggests immediacy or "inelegance" (shoot, chimp, send) and there's a perception that somehow a photographer (journalist) is less "historical", less "valued" than filmmakers. This misfortunate perception may have tinted these proceedings as well: thinking that the filmmakers (or video folk) would "preserve" the moment until later, while those rogue dogs (photographers) would send out everywhere immediately ;). This is a sad and maddening perception. furthermore, the hypocritical action by those in charge of the investigation (prohibiting photogs while allowing a film/camera crew + witnesses), speaks more about the process curring undergoing that the value. Ironically, it was photography which most importantly captured the "truth" of what happened (all those portraits of the slaughtered)...

Photography (whatever form, film or digital) is one of the critical tools of story telling and history can only be understood through an amalgam of tools: oral stories (witnesses), written stories, photographic moving (film/video), art, music, dance and photographic (still). Each of these are critical tools that are needed and provided the future with the story and all it's meaning and variation. That photography was left out is, sadly, a woeful understanding of its role, particularly in the history of Cambodia. But, alas, are you surprised?..

there is a final irony John. That image of the bench speaks alot.....about this process...just as those portraits of those tortured and killed speak though they do not actually witness the torture.

In the end (i hope and trust), their own ignorance and attitude will have backfired. You still got an image that speak about this trial and all that it entails....

cheers
bob

ps. the question about "being trustworthy": well, do you wear a scarf? ;))))))))))))))))))

John Vink

No... I don't wear a scarf in front of the judge. ;-)))

Bob Black

John:

oooo, now that explains everthing...no wonder ;))))))))))))

Anderson

Here in Brazil this is day by day, Rio and SP

DAS

Cambodian judges trained in France? Ha! That's hilarious.

Cambodia

As a survivor of the Khmer Rouge regime, I can't say I'm too enthusiastic about the current tribunal. Trying a handful of surviving Khmer Rouge leaders is unlikely to deliver neither justice nor closure for Cambodians. After all, Pot Pol and many top leaders have already died peacefully in their sleeps. Not on trial are the countless lower level KR cadres who were "just following orders".