March 17, 2008
The Khmer Chronicles / Issue Nr 7: Justice and Photography don't mix?
John Vink
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...
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:
1. they are documentary filmmakers and therefore are not from the press. Oh: I am a photojournalist so that means my work has no documentary value?
2. their work has pedagogical and archival dimensions. Oh and my pictures haven't? That is of course if I get to see something ...
3. no money was paid to the ECCC. Well of course not! Even though the tribunal needs it badly. But that does not mean there is no money involved in the making of this movie or indeed no money to be made at one point (be it several years later). So why was this privilege to make money with that kind of material granted to one specific team? What about the rest of us? Don't tell me the images will be released worldwide at the same time and for free!
And then this: they are filmmakers. Oh, photography or writing is not up to par?
Here is another question: there were also witnesses and victims present at the on site investigation. They were not aware of the role of that camera team. If the judges can decide on the content which will eventually be released, do the witnesses and victims present that day have the same privilege? Maybe they don't want to show the world about their feelings that day. It must have been difficult enough for them to be confronted with the person who may be guilty of their suffering. Maybe they just want to try and forget about it all once the trial is over.
Links:
» The Khmer Chronicles / Issue Nr 1: UNICEF in Cambodia
» The Khmer Chronicles / Issue Nr 2: Can Cultural Identity go private?
» The Khmer Chronicles / Issue Nr 3: Arrest of Ieng Sary
» The Khmer Chronicles / Issue Nr 4: Gathering Pace
» The Khmer Chronicles / Issue Nr 5: Development is on the doorstep...
» The Khmer Chronicles / Issue Nr 6: You've got 5 minutes
» John Vink's website
» John Vink's Magnum portfolio
» John Vink's Magnum In Motion story "Terre Rouge"
» John Vink's feature: Cambodia Khmer Rouge Trial
Published on the Magnum Blog on March 17, 2008
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