Imprisoned Khmer Rouge commander Ta Mok has gone insane and “talks like a child,” according to his lawyer, Benson Samay, who saw his client three days ago.
“He laughs all the time, and he talks too much,” Benson Samay said. “He’s always making jokes. It’s not normal. I never ask him serious questions now.”
Ta Mok and Duch, who was head of the S-21 torture prison, are the only former Khmer Rouge leaders in custody for a Khmer Rouge tribunal. Both of them have been held for more than one year and could be held for a maximum of three years without a trial.
Although the Senate is now debating the draft law to try former Khmer Rouge leaders, Benson Samay, whose clients have included the ruling CPP, said he has not interviewed Ta Mok extensively yet.
Because it took so long for the draft law to reach the National Assembly, and could still be a few years before a trial begins, Benson Samay said he is in no hurry to talk to his client in detail.
Benson Samay, who is representing Ta Mok for free, said he would also voluntarily represent former Khmer Rouge leaders Khieu Samphan, the nominal leader of the regime; Nuon Chea, the Khmer Rouge’s political ideologue; and Ieng Sary, the regime’s deputy premier, if they are brought to trial.
The colorful attorney said he knows how difficult it would be for the three to find a lawyer. He said he would represent them because he has spent his life trying to find the truth behind the Khmer Rouge.
“I’m worried that it will not get done properly, that they will not get a fair trial,” Benson Samay said. “I want to know who is behind the Khmer Rouge and killed 2 million people.”
He reiterated his accusations against foreign countries and international organizations that supported the Khmer Rouge, most importantly the US, the UN, China, France and Britain.
“I will call all over the world, all the foreign leaders, presidents
…and ask them why they supported the Khmer Rouge until 1993,” Benson Samay said.
He said Ta Mok has been held too long without a trial and that no specific charges have been filed against him.
Benson Samay repeated his past claims that Ta Mok, 75, is very sick and said his client will likely die before a tribunal begins. He said he has asked permission for Ta Mok to be taken to a hospital to receive a radiography.
“He can’t stand up,” Benson Samay said. “He has problems with his stomach, his heart. I believe Ta Mok will die before the first day of the trial.”
Benson Samay, who works with a team of about 10 other lawyers, said he has documents weighing 1 ton. In all of those papers, he said he has not seen one piece of evidence that showed Ta Mok ordered people to be killed.
Benson Samay said he has not yet received any documents from the Documentation Center of Cambodia, which has compiled a massive archive of information on the Khmer Rouge regime.
Youk Chhang, who heads the center, said anyone, including Benson Samay, may do research at the center.
“He knows he could send his staff over to do research, but he hasn’t,” Youk Chhang said.
Benson Samay said he believes a Khmer Rouge trial would be fair, but he fears he may not have equal access to resources because he is not charging Ta Mok, and he likely will not have funds to do research that is on par with the prosecution.
Benson Samay said it was unfair that UN Special Representative Peter Leuprecht was allowed to talk to his client when he visited Phnom Penh more than one month ago.
Benson Samay, who was not in Phnom Penh at the time, said Leuprecht should have talked to him, instead of his client.
“I would’ve told Ta Mok to hide in the bathroom,” Benson Samay said.
Even though he contended his client is insane, Benson Samay said he would have Ta Mok testify at a tribunal. “I want all my clients to talk to make the world understand,” he said.
