Thursday, November 26, 2009

Court should accept Khmer Rouge jailer's remorse

This handout picture taken and released by the Extraordinary Chamber in the Courts of Cambodia (ECCC) on November 26, 2009 shows former Khmer Rouge chief of "S-21", known as Tuol Sleng prison, Kaing Guek Eav, alias Duch, in the courtroom at the Extraodinary Chambers in the Courts of Cambodia in Phnom Penh. Prosecutors demanded a 40-year jail term on November 25 for Khmer Rouge prison chief Duch. AFP PHOTO

The lawyer for Cambodia's Khmer Rouge jail chief urged the UN-backed war crimes court Thursday to recognise his client's remorse in the interests of national reconciliation

PHNOM PENH, November 26, 2009 (AFP) - The lawyer for Cambodia's Khmer Rouge jail chief urged the UN-backed war crimes court Thursday to recognise his client's remorse in the interests of national reconciliation.

French defence lawyer Francois Roux said prosecution demands for a 40-year prison term for former prison chief Kaing Guek Eav, known as Duch, failed to take account of his repeated apologies.

"We have before us an accused who recognises his guilt. This is an historic moment for this country... We must build the truth," Roux told the court.

"The prosecution has... missed its date with history," he said.

"They said lock him up for 40 years and society will be the better for it. But when will the prosecution admit that these are words that have been heard before? These are cliches and we must go further."

Duch, 67, has repeatedly apologised, this week offering "excruciating remorse", for his role in the hardline communist regime, which killed up to two million people.

But prosecution lawyers giving final arguments Wednesday said that was not enough and demanded he serve 40 years in jail.

Since his trial began in February, Duch has begged forgiveness for overseeing the murders of around 15,000 men, women and children at the S-21 or Tuol Sleng prison, a former high school in the capital Phnom Penh.

Tuol Sleng was at the heart of the Khmer Rouge security apparatus and inmates were taken from there during Duch's tenure for execution at nearby Choeung Ek, an orchard now known as the "Killing Fields".

Duch faces a maximum life sentence as the tribunal does not have the power to impose the death penalty. A verdict is expected early next year.

Duch has argued that he was not a leading figure in the regime and that he acted out of fear for his own safety and that of his family, but prosecutors accuse him of not fully acknowledging his role in Khmer Rouge leadership.

Khmer Rouge leader Pol Pot died in 1998. The joint trial of four other more senior Khmer Rouge leaders is expected to start in 2011, while the court is considering whether to open cases against five other former Khmer Rouge cadres.

7 comments:

Anonymous said...

I have not seen any one's face so Evil like this Duc. He has no soul.
this Devil will burn in hell with his master Ho.

Anonymous said...

Ah Duch,watch your grandparents in this Youtube!why you killed khmers?You were prof!!!!!!!!!!!!!!!

http://www.youtube.com/watch?v=DIrUHVFkm9A&feature=related


http://www.youtube.com/watch?v=42RpbMAeiO4

Anonymous said...

SIHANOUK perfectly uses his Khmer old saying goes: If you can't make up your mind [what to do], you can't be a king. Norodom Sihanouk is the greatest-genius man on earth who wasn't afraid of being ...


http://www.youtube.com/watch?v=EN0CvnBEwy0

Hean Padhi said...

I am not a KR and was not former KR. I am not either pro the killing conducted by the terror regime.
I was born just after the KR regime fortunately.

Reltaed to the recent decision of the ECCC on Duch's case, here i want to raise my ideas as following:

1. It is not just that prosecutors demanded Duch a 40-year jail term. As his lawyer (Francois) mentioned that Duch had to "kill or be killed" and operate like an "obedient machine". That's logic! Can you all imgagine how was that situation? If you were him, what would you do?_I would say i would act like him and you too!

2. It is not just to put him 40 years in prison. This because he only was a prison's chief during the regime, when there were other hundreds of prisons where managed by many other KR who some are survided and live freely. Why they are not put to trial??? It exactly sounds that Duch had very small position, who executed his duties following orders from his leaders of revolution. I think everyone can understand about that.

Due to my two above reasons, i would like to appeal to the ECCC court two points:

1.To jail him 40 years in prison, but it must be on parole [release him temporarily or permanently to stay at home before the completion of a sentence, on the promise of good behavior] and anyway he is too old to stay alone in the prison.

2.To jail him only 3 years, 8 months and 20 days [the whole period when he was in power]


Hean Padhi
26/November/2009

Anonymous said...

Once crimes being committed in such horrondous scale no mercy should be considered. Duch deserved more than the proposed sentences of 40 years, he derves public execution. It does not matter whether he will die in prison sooner than that but it is symbolized of the seriousness of us as human beings to expect each other to behave and to respect others. Crime is crime. Think about the victims and effect of it has to our society..Hun Sen is watching this trial and his future treatment of our people will reflect the outcome of the sentencing of Dutch.

Anonymous said...

5:00 PM, no excuse from this kind of crime

duch set himself as mechanic tool of a killing machine although he's responsible in every of his act

in every situation, you can choose, you can choice to die, you can choose revolt, or do something else than to be that atrocious killer

duch seems to have that pleasure to kill and he take his role so dearly and passionately. Duch is a high responsible cadre of khmer rouge, not ordinary khmer rouge or lower cadre khmer rouge. Duch know what he must do for his angkar. Those who are being accused as yuon spy are Khmers. Duch just accused them as pretext to kill. This is khmer rouge method “jong somlab chkai chaort thaa chkai chkout”

i agree that he is a killing tool but he's responsible every of his acts. And of course, duch should not used by this trial as sample to charge all atrocity of khmer rouge in order to clean the crime of the rest of Khmer rouge. Other high ranging khmer rouge like hor nam hing, keat chhun, eng samrin, ect must be judged and condemned of crimes same title as duch.

by the way, 40 yrs of prison is too clement as charged against this kind of criminal

Anonymous said...

I don't personally feel bad for Duch to stay 40 yrs in jail for his crime, but there should be more those responsible for same crime. Hun Sen, Sihanouk...etc should be brough to justice as well.