Left to Right: Kar Savuth, François Roux and DuchBy Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
26 November 2009
The French defense attorney for Kaing Kek Iev told Khmer Rouge tribunal judges Thursday he was in disagreement with his Cambodian colleague over whether the court should drop two atrocity crimes charges against the former prison chief know better as Duch.
Instead, Francois Roux, in his final arguments to the UN-backed court, said he would rather see a prison sentence shortened for Duch, who is accused of killing more than 12,000 people as administrator for one of the Khmer Rouge’s most notorious prisons, Tuol Sleng.
International prosecutors have called for at least 40 years of imprisonment for war crimes, crimes against humanity, murder and torture.
Roux’s statement Thursday was at odds with arguments from Duch’s Cambodian attorney, Kar Savuth, who said Wednesday the charges of war crimes and crimes against humanity for his client should be dropped.
Kar Savuth told the court the prison chief, now 67, had been trapped under a revolutionary hierarchy led by Pol Pot, security chief Son Sen and Nuon Chea. (Nuon Chea, the regime’s chief ideologue, is currently awaiting his own trial at the UN-backed court, along with three other senior leaders of the regime, under whom as many as 2 million Cambodians died in less than four years.)
“Duch did not commit crimes against humanity or war crimes,” Kar Savuth told the court. “Please, Trial Chamber, drop these charges.”
There were 195 other prison chiefs like Duch, he said.
“The disaster within and without [the Khmer Rouge cadre] was really the sole responsibility of the Cambodian communist party,” Duch told the court in his own concluding remarks. “I promise in any case in the future, I will do everything for the need of my people. Please the court, take this under consideration and decide on this matter.”
Prosecutors, meanwhile, have urged the court to hand down heavy punishment, due to the scale of the crimes.
“The crime for which he is being sentenced is a grave crime, which was against numerous people,” Cambodian prosecutor Chea Leang told the court Tuesday. “It is simply understood that nothing can replace the sentencing of him for a very long time in jail.”
Tuol Sleng prison, known to the Khmer Rouge as S-21, was the most serious of all the regime’s detention centers, and as its head, Duch intentionally tortured prisoners and sentenced them to inhumane deaths, she said.
The week brought to a close the first-ever trial for the hybrid tribunal, which has struggled since its inception in 2006 and is now facing a second, more complicated trial, for Noun Chea and other leaders.
The Trial Chamber will now begin consideration of a verdict in Duch’s case, though that decision is not expected until early 2010.
Instead, Francois Roux, in his final arguments to the UN-backed court, said he would rather see a prison sentence shortened for Duch, who is accused of killing more than 12,000 people as administrator for one of the Khmer Rouge’s most notorious prisons, Tuol Sleng.
International prosecutors have called for at least 40 years of imprisonment for war crimes, crimes against humanity, murder and torture.
Roux’s statement Thursday was at odds with arguments from Duch’s Cambodian attorney, Kar Savuth, who said Wednesday the charges of war crimes and crimes against humanity for his client should be dropped.
Kar Savuth told the court the prison chief, now 67, had been trapped under a revolutionary hierarchy led by Pol Pot, security chief Son Sen and Nuon Chea. (Nuon Chea, the regime’s chief ideologue, is currently awaiting his own trial at the UN-backed court, along with three other senior leaders of the regime, under whom as many as 2 million Cambodians died in less than four years.)
“Duch did not commit crimes against humanity or war crimes,” Kar Savuth told the court. “Please, Trial Chamber, drop these charges.”
There were 195 other prison chiefs like Duch, he said.
“The disaster within and without [the Khmer Rouge cadre] was really the sole responsibility of the Cambodian communist party,” Duch told the court in his own concluding remarks. “I promise in any case in the future, I will do everything for the need of my people. Please the court, take this under consideration and decide on this matter.”
Prosecutors, meanwhile, have urged the court to hand down heavy punishment, due to the scale of the crimes.
“The crime for which he is being sentenced is a grave crime, which was against numerous people,” Cambodian prosecutor Chea Leang told the court Tuesday. “It is simply understood that nothing can replace the sentencing of him for a very long time in jail.”
Tuol Sleng prison, known to the Khmer Rouge as S-21, was the most serious of all the regime’s detention centers, and as its head, Duch intentionally tortured prisoners and sentenced them to inhumane deaths, she said.
The week brought to a close the first-ever trial for the hybrid tribunal, which has struggled since its inception in 2006 and is now facing a second, more complicated trial, for Noun Chea and other leaders.
The Trial Chamber will now begin consideration of a verdict in Duch’s case, though that decision is not expected until early 2010.
3 comments:
I am not a KR and was not a former KR. I am not either pro the killing conducted by the terror regime.
I was born just after the KR regime fortunately.
Related to the recent decision of the ECCC on Duch's case, here i [in the name of an ordinary people] want to raise my ideas as following:
1. It is 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 imagine how was that situation? If you were him, what would you do?_I would say i would act like him and you too!
Polt Pot also said "the ones who stuck with hands, hands will be lost, stuck with foot, foot will be lost, at the moment that the history cycle is running"
2. It is just to put him 40 years in prison? As he was only 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.
3.According to the ECCC provisions/regulations [like the other international crimes], only the top official shall be prosecuted and how can just a prisoner head be the top official.Top officials would refer to the prime minister, president of the national assembly, cabinet head, and other national policy decision-makers.
4.According to a political integration of the government to forgively appeal for all the KR to join and work for the government, that the government would not condemn or without any imprisonment.
Due to my four 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 with his family until the completion of his sentence, on recognition his remorse in the interests of national reconciliation. And anyway he is too old to stay alone in the prison.
Moreover in term of human resource, he is very qualified for the social interest. He will can do a lot of things for the nation both education and history! Why the court has to keep him in the prison?
2.To jail him only 3 years, 8 months and 20 days [the whole period when he was in power]. Remember that without Duch, the trial could not have unfolded if he, like others, had decided to remain in silence! He is not a major example of the killing who has to be seriously jailed as a compensation for that killing.
Yos Katank
(27/November/2009)
10:26am while mr Duch expressed his remorse and appologized to the victims and their families, he is by no means less guilty of the crime he committed at Tolsleng prison. In my opinion this man ought to be hang or sentenced to die by lethal injection. By giving mr Duch a three year jail term as you suggested you are doing an injustice to the victims. The court has to be fair but must take into consideration that crime against humanity will not be tolerated. The only fair and just punishment for mr Duch would be to hung him in public so that cambodian people can have some closure and move on with their lives after over 30 of injustice.
Xihanouk, khieu samphan, nuon chea, ieng sary and kmoch pol pot should be punished. not duch. or xihanouk alone would cover those mother fucker's killers.
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