By Ek Madra
PHNOM PENH (Reuters) - The Khmer Rouge's chief torturer and jailer had to "kill or be killed" and operate like an "obedient machine," his lawyer said on Thursday in defending the first member of Cambodia's murderous regime to face justice.
In the final two days of testimony in the U.N.-backed war crimes tribunal, a lawyer for the commander of the Khmer Rouge's notorious S-21 prison said his client's life was at stake when he ordered the murder of more than 14,000 people in the 1970s.
Speaking a day after prosecutors asked the court to sentence Kaing Guek Eav, better known as Duch, to 40 years in prison, the lawyer said the tribunal should show leniency because the 67-year-old former maths teacher had fully cooperated.
"Without Duch, the trial could not have unfolded if he, like others, had decided to remain in silence," Francois Roux, Duch's lawyer, told a courtroom packed with more than 600 people, including many survivors of the ultra-communist regime blamed for 1.7 million deaths in 1975-79.
"The accused was absolutely, himself, in the hands of the party. And in fact, he had to operate like a machine, an obedient machine," said Roux. "He himself was in a situation where he had to choose to kill or be killed."
"We do not wish our client to be the scapegoat," he added.
Duch is scheduled to take the stand again on Friday on the final day of the trial. A verdict is expected by March.
He is accused of "crimes against humanity, enslavement, torture, sexual abuses and other inhumane acts" as commander of Tuol Sleng prison, a converted high school also known as S-21, during one of the darkest chapters of the 20th century.
Only seven of 14,000 people who passed through S-21 survived.
Prosecutors have urged the tribunal's five-judge panel to reject Duch's assertion he had little choice but to carry out orders, saying Duch was "ideologically of the same mind" as the Khmer Rouge leaders and did nothing to stop prison guards from inflicting rampant torture.
QUARTER OF POPULATION DIED
Lead prosecutor William Smith told the court this week "the accused was neither a prisoner, nor a hostage, nor a victim. He was an idealist, a revolutionary, a crusader - prepared to torture and kill willingly for the good of the revolution."
The tribunal seeks justice for nearly a quarter of Cambodia's population who perished from execution, overwork or torture during the Khmer Rouge's agrarian revolution, which ended with the 1979 invasion by Vietnam.
Duch faces up to life in prison if convicted. Smith said on Wednesday he should get 40 years. Cambodia does not have capital punishment.
Now a born-again Christian, Duch expressed "excruciating remorse" on Wednesday for the S-21 victims, most of them tortured and forced to confess to spying and other crimes before they were bludgeoned to death at the "Killing Fields" execution sites.
Witnesses in 72 days of hearings spoke of beatings with metal pipes, electrocution, near-starvation, violent rape and prisoners forced to eat their own excrement.
Duch has asked if he could apologise in person to his victims' families, and has said he was convinced he was fighting to free Cambodia from U.S. imperialism during the Vietnam War.
Four other senior Khmer Rouge cadres are in custody awaiting trial. They are ex-president Khieu Samphan, former Foreign Minister Ieng Sary, his wife Khieu Thirith and "Brother Number Two" Nuon Chea. Unlike Duch, they have not publicly apologised.
Pol Pot, architect of the Khmer Rouge's "Year Zero" peasant revolution, was captured in 1997 and died in April 1998.
The chamber of three Cambodian and two foreign judges -- known as the Extraordinary Chambers in the Courts of Cambodia -- requires four to agree on a verdict.
(Writing by Jason Szep; Editing by Alan Raybould and Dean Yates)
In the final two days of testimony in the U.N.-backed war crimes tribunal, a lawyer for the commander of the Khmer Rouge's notorious S-21 prison said his client's life was at stake when he ordered the murder of more than 14,000 people in the 1970s.
Speaking a day after prosecutors asked the court to sentence Kaing Guek Eav, better known as Duch, to 40 years in prison, the lawyer said the tribunal should show leniency because the 67-year-old former maths teacher had fully cooperated.
"Without Duch, the trial could not have unfolded if he, like others, had decided to remain in silence," Francois Roux, Duch's lawyer, told a courtroom packed with more than 600 people, including many survivors of the ultra-communist regime blamed for 1.7 million deaths in 1975-79.
"The accused was absolutely, himself, in the hands of the party. And in fact, he had to operate like a machine, an obedient machine," said Roux. "He himself was in a situation where he had to choose to kill or be killed."
"We do not wish our client to be the scapegoat," he added.
Duch is scheduled to take the stand again on Friday on the final day of the trial. A verdict is expected by March.
He is accused of "crimes against humanity, enslavement, torture, sexual abuses and other inhumane acts" as commander of Tuol Sleng prison, a converted high school also known as S-21, during one of the darkest chapters of the 20th century.
Only seven of 14,000 people who passed through S-21 survived.
Prosecutors have urged the tribunal's five-judge panel to reject Duch's assertion he had little choice but to carry out orders, saying Duch was "ideologically of the same mind" as the Khmer Rouge leaders and did nothing to stop prison guards from inflicting rampant torture.
QUARTER OF POPULATION DIED
Lead prosecutor William Smith told the court this week "the accused was neither a prisoner, nor a hostage, nor a victim. He was an idealist, a revolutionary, a crusader - prepared to torture and kill willingly for the good of the revolution."
The tribunal seeks justice for nearly a quarter of Cambodia's population who perished from execution, overwork or torture during the Khmer Rouge's agrarian revolution, which ended with the 1979 invasion by Vietnam.
Duch faces up to life in prison if convicted. Smith said on Wednesday he should get 40 years. Cambodia does not have capital punishment.
Now a born-again Christian, Duch expressed "excruciating remorse" on Wednesday for the S-21 victims, most of them tortured and forced to confess to spying and other crimes before they were bludgeoned to death at the "Killing Fields" execution sites.
Witnesses in 72 days of hearings spoke of beatings with metal pipes, electrocution, near-starvation, violent rape and prisoners forced to eat their own excrement.
Duch has asked if he could apologise in person to his victims' families, and has said he was convinced he was fighting to free Cambodia from U.S. imperialism during the Vietnam War.
Four other senior Khmer Rouge cadres are in custody awaiting trial. They are ex-president Khieu Samphan, former Foreign Minister Ieng Sary, his wife Khieu Thirith and "Brother Number Two" Nuon Chea. Unlike Duch, they have not publicly apologised.
Pol Pot, architect of the Khmer Rouge's "Year Zero" peasant revolution, was captured in 1997 and died in April 1998.
The chamber of three Cambodian and two foreign judges -- known as the Extraordinary Chambers in the Courts of Cambodia -- requires four to agree on a verdict.
(Writing by Jason Szep; Editing by Alan Raybould and Dean Yates)
30 comments:
"An insincere and evil friend is more to be feared than a wild beast; a wild beast may wound your body, but an evil friend will wound your mind"Buddha
http://www.youtube.com/watch?v=ADI0JSTWFE8&feature=related
A few years ago I spent long times speaking to a high ranking Khmer Rouge leader asked him to explain his motive, involvement in the killing of millions. After more than three days I concluded that Those monsters involved with Khmers had choices and could have prevented those massive of killing. Duch, you are guilty as charged and you should be executed in public to demonstrate that each of us is accountable for our own action.
Ah Siam sacked Khmer at Angkor and Ah Yuan burned Khmer alive at Vihn Te Canal and the KR, I still choose the KR because my Khmer identity is still existed.
At first I expressed my comment about ah Duch, but as take a glance at the above comment, I chose to skip ah Duch in order to respond to one of a savage Khmer Rouge at 6:56 PM. And I want say: Khmer kill Khmer is more evil than ah Yuon or ah Siam kill Khmer. Khmer Rouge, including Sihanouk ah Hun Sen and many more, are my mortal enemies forever. I hate these animals deep to the bone.
6:56 PM is an ignorant Khmer just like KR. How could you think of your fucking ID if 1/4 of your people, parents, brothers, sisters get executed, starved or worked to death by your own people.
You should be executed by Duch in the most inhumane way. Then you know what your stupid ID means to you.
If Duch "killed or be killed". why is he remorseful?. Given the same circumstances, he will do it again.
So makes him drain his own blood until he dies.
One should clearly know that the AngKar Leu was a big group of Khmer intellectuals who had orchestrated the whole killing game. From one's decent/educated point of view, one should pose a question: How could they do this to us Khmers? It's far beyond my imagination that Khmers could be such atrociously evil to their own people. I don't blame some dumb commune cadres with little or no education; I blame the High Angkar which consisted of all the intellectuals. Was it hatred that motivated them to kill millions of Khmers? The answer is YES!
...and it vexes so much me as I hear any of these savage Khmer Rouge leaders, including Siahnouk, Khiev Samphan, Ieng Sary, and many more, denied having done nothing wrong.
@ 8:07 PM
You should fucking losing your Khmer identity when Ah Siam and Ah Yuan killing your own brother, sister, parent and the whole Khmer.
If the KR killed all Khmer who would call the KR Khmer?
Death seems to paralize everyone. From Pol Pot to Noun Chea, to Kiev Sam Phan to Ing Sary and his wife to Hor Nam Hong and his family to the lower ranking officers of Khmer Rouge like Duch, none were able to move out or do anything. Why???!!! and it came down to small officer like village chief and ordinary KR's soldiers. Each and everyone of them have been given the power of absolute King to destroy the innocent, if accused by someone. Sometimes, it was all just because people needed food to eat. They were starving to death. Giving food and good place to stay could turn someone to the be the accuser. Did anyone ever thought of that? This was because Khmer Rouge system had no court system. It was stupid and easy enough and who cares?!. There was no Jury. No Lawyer. No witnesses and not having anything. Their court system was in the bush or behind the tree where anyone can be slaughtered or be killed a blink of an eyes. Therefore tough luck with the innocent! Ask Noun Chea and all the high ranking officers of Khmer rouge, who was in charge of this darkest system? and why? It has to be their leader and supporter somewhere. Whatever it is and whoever they are, they had created this network that is mighty powerful and deadly like cancer. THEN BY ALL MEANS, PLEASE SENTENCE DUCH. Everyone that had lived thru the years of 1975 and 1979 in Cambodia know excatly what it means and what it really likes to live under the Khmer Rouge. Stand up and tell the truth. IT WAS ALL ABOUT THE COMMUNIST -BARBARIC IGNORANT SYSTEM AND BRING THEM DOWN!
agree with 8:07 PM
you choice Khmer rouge like you choice yuons
Khmer rouge kill Khmer and destroy everything relate to Khmer
Khmer rouge just work for yuon killing industry and for yuon interest
During polpot time every Khmer, even among Khmer rouge themselves, Khmer were executed while majority of yuons have been saved by angkar. Although some of these yuons accused their angkar as racists against them because their angkar had evacuated these yuons from Cambodia to hid in srok yuon while led mass killing against - these yuons have been reported back to Cambodia after khmer rouge had killed half of khmers to free land for yuons
Khmer rouge Cpp doesn’t not much different from khmer rouge polpot but just leads their policy a different meant and level than polpot.
Khmer who lived after Ah Siam and Ah Yuan wiping Khmer identity must wake up, look at the mirror and ask question who helped Cambodia to restore Khmer identity from Ah Siam and from Ah Yuan????
8:08PM,
Can you tell me who? Khmer Rouge are good at killing the innocent defenseless Khmers only. When it comes to fighting against these two neighboring enemis, they your KR will wag their tails to them, ah pleu!
9:01 PM you should read buitin book, wrote by a vietcong leader. these modes of killing and destruction, yuons had tested it before importing and lead it in srok khmer
these yuons know that these methods are very barbaric and destructive. One you set it off, nothing can stop it specially while the executors have no power to stop it. yuons can stop it at time because they control everything themselves, not like khmer rouge.
Yuons know that, one they can set it off in Cambodia this will lead to the mass killing that non can stop beside yuons themselves, while need, because yuons control the motors of that killing mechanism.
* while led mass killing against khmer -
My butt! It was Khmer Rouge's revenge. Don't be such silly as to see anyone else to instruct Khmer Rouge how to kill Khmers.
9:20 PM
9:08 PM
9:00 PM
6:56 PM
Who the hell do you think you are?
What happens to your judment?
If yuons instruct you to slash your own throat, would you follow the instruction? Millions of people witnessed and lived thru the killing fields, Pol Pot confessed that his movement made mistakes, Duch admits his crime and accepts responsibility. Who the hell do you think you are? It is people like you who destroys Cambodia, always blames someone else, never accepts responsibility.
Yes, you're right on the money!
10:13 PM polpot did committed a big mistake by joining vietcong and working for yuon killing industry. That’s polpot big fault and responsibility.
Duch admits his crime and accepts responsibility; no one say anything about it. Even a worse yuon killing tools like duch or polpot accept their responsibilities except the yuon murderous. Apparently yuons kantop are so deadly scaring to hear the truth and refuse to take its responsibility and being paranoid and irritated each time while its crimes being revealed
It smell yuon kantop little ass nature each time these yuons kantop open its mouth to speak even trying took khmer skin
Dumber! Pol Pot broke ralationship with Yuons by late 1972. After that time there were no Yuons getting involved in the Khmer Rouge killing game. It was all orchestrated by the High Angkar which comprised of Pol Pot, Khiev Ponnary, Ieng sary, Nuon Chea, Son Sen, Tamok, Duch, and some more. And it was revenge and hatred that motivated the KR to kill the innocent Khmers.
I remember in 1998 Pol POl was interviewed with a Western journalist,he said he love his country and its people.He did admitted that he ordered some minor killings not a big mass genocide like this,soon after the interview I heard that Son Sen was captured and ran over by the Pol Pot bodyguard's car.Son Sen was the most suspected of vietnam's spy and along with many others leading the mass killing of his people behind his back.So this genocidal matter have to search more who are the Anka Leu.
Pol Pot die in 1997; he couldn't be interviewed by no one.
Pol Pot was interviewed by Nate Thayer in 1997, about a few months before he died. Why should one be fooled by a dictator who had no way out but to admitt 1/10000 of what he had committed?
11:26 PM Prio to paris accord of 1973, Vietcong wanted to show the world that they had problem with khmer rouge and had withdrawal from Cambodia conformed to the agreement of paris accord 1973 but it is impossible that, a yuon movement like Khmer rouge can stand without yuons. Yuons withdrawal from Cambodia prio to 1973 paris accord is only yuon tactic to show USA and the world community that yuons did withdrawal from Cambodia but in reality they are not. Although nguyen co thach had confessed that Vietcong come back in mass in late 1974 to fight against Khmer at the request of polpot and sihanouk. In 1983, yuons wanted to fool the world against that they have withdrawal from Cambodia again but these yuons just took khmer skin and disappear in Khmer mass. And again follow 1991 paris peace agreement, yuons said they get out of Cambodia again but in Cambodia you can see yuons in every level of Khmer society and control every aspect of Khmer sociopolitical.
Yuons never understand another language than its.
polpot may be a killer but still have some honesty than majority of yuons
Here is one of the reason why Khmer Rouge dare to kill their own people.
Old chinese has said: Only those who have born from half human sperm and half animal sperm ( that mean one of their parents has sexed with animals )can commit this kind of atrocity. So all killers were the offspring of one their parents was animal.
If you look at these killers, they are not perfectly human at all.
Areak Prey
Areak Prey, u're one of it
If one, by saying that Pol Pot still have some honesty that majorityof Yuons, expects Yuons to be more honest to Khmers, one appears to be dumber and dumber!
We cannot accepte for what ever excuse to any killer as a patriot at all. A killer is a criminal starting from one life regardless who he is. The poster 4:35AM must be one of them for ptrotecting them.
Areak Prey
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.
Reltaed to the recent decision of the ECCC on Duch's case, here i 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, 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 come and work for the government, that the government would not condemn or without 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? He is not a major example of the killing who has to be seriously jailed as a compensation for that killing.
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!
Yos Katank
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