Comments from participants at Liveblog of Duch Verdict Pronouncement

• 11:26 My Cambodian colleague Sreinith, who works at DC Cam, thinks that its an appropriate sentence, given the mitigating factors.
• 11:27 Pou Sovachana, a professor of Ethics and English at Pannastra University here, seems to think the sentence is appropriate but wonders if people will understands the nature of the credits.
• 11:28 Fyi, 35 years is around 1 day of imprisonment for each S-21 victim.
• 11:28 Confirmation: 19 years more in prison.
• 11:30 Hi Marc, I am referring to the 1956 code. It seems that a majority of the judges--but not the whole panel--concluded that those domestic charges have been extinguished by the passing of time.
• 11:30 [Comment From MarcMarc: ] Hi, in regard to murder and torture, what do you mean whan you say the statute of limitations expiring? Are you referring to the 1956 Cambodian Penal Code?
• 11:30 [Comment From JeffreyJeffrey: ] RE: Sentence--Under Cambodian law, convicted criminals become eligible for early release after having served 2/3 of their sentence. This means that if the 19 year figure I mentioned above is correct, Duch will then be eligible for release in 12.5 years. Thus, it is *not* guaranteed that Duch will die in prison.
• 11:31 I'm told that many people here, particularly Cambodians, are confused about the extent of time that Duch will remain imprisoned, perhaps due to the Khmai language in the summary. Perhaps some will be disappointed.
• 11:31 [Comment From KenKen: ] I have no idea how reparations are derogatory. In what imagineably possible way can reparations be any kind of negative factor?? That is simply impossible!
• 11:32 Ken, I'm not sure what you mean by derogatory. Can you explain?
• 11:32 [Comment From IanIan: ] My understanding is that the court specifically has no jurisdiction to award any kind of monetary or substantive compensation
• 11:32 [Comment From IanIan: ] But it is empowered under the statute to award "moral" compensation, which can be outcomes like building memorials, offering formal apologies etc
• 11:32 Ian, I believe you are correct, but I didn't hear anything about memorials. I think there was a formal apology.
• 11:33 My colleague Michael Saliba is taking over. I'm off to the press conference.
• 11:42 View from inside ECCC courtroom during Duch judgment
• 11:49 [Comment From IngeInge: ] How is the verdict received by people present?
• 11:51 Some of the civil parties seem unsatisfied with the judgment. And, like I said earlier, many of the Cambodians filing out seem satisfied with the sentence, but may not know that the effective length of imprisonment will be much less than 35 years.
• 11:51 [Comment From MarcMarc: ] Thank you for your answer. In regard to murder and torture and the 1956 penal code, does that mean the TC decided application of the 1956 penal code made the law retroactive and thus made it clash with the principle of legality or that the extension of the statute of limitations was illegal?
• 11:53 Marc, I haven't seen a copy of the actual judgment, and the rationale for the domestic crimes decision wasn't clear from the summary. I do know that it was a divided panel. The summary didn't use the word majority with this one, so there may be some interesting reasoning regarding the supermajority requirement here.
• 11:53 [Comment From AriAri: ] If a defendant is found guilty, under the Internal Rules of the ECCC Civil Parties are able to ask the court to order reparations. The judges have determined that individual financial compensation will not be possible, however they do have the power to award what are called “collective and moral reparations.” In this context, “collective” means that the court is only able to order reparations that benefit Civil Parties as a group or that benefit groups of Victims or Cambodian society. The term “moral” reparations in this context refers to the specific type of reparations that the court is able to order. “Moral” reparations are reparations that are more symbolic than they are material or economic. Examples of “collective and moral reparations” are: orders to publish the court’s judgment in the mass media at the expense of the convicted person; orders to fund non-profit services or other activities that aim to benefit Victims; the creation of a memorial, or the establishment of mental health clinics for Victims. The Victim Information Form gives people who are applying to become Civil Parties the opportunity to propose the type of collective and moral reparations that they would like the court to order.
• 11:53 [Comment From KatherineKatherine: ] Did Duch continue, after hearing the verdict and the closing of the proceedings, his usual practice of turning to the audience and sampeah-ing, or pressing his hands together and slightly bowing, them?
• 11:54 Katherine, I didn't see this, but its possible that my colleague Michael did. We'll be preparing a more detailed post on the judgment in the next few hours, so keep you eyes peeled for that.
• 11:54 Also, CTM will be posting interviews today and over the next week with victims and observers.
• 11:57 [Comment From chandarachandara: ] I could not accept the verdict.It is simple sentence to convict the criminal against human live.I[t] is lighter conviction than the normal crime.....
• 12:06 [Comment From MarcMarc: ] Thank you for your answer. Is there any chance there will be a copy of the verdict available online any time soon?
• 12:06 Ok everyone, we're signing off. Thanks for participating. What a big day for Cambodia and for international criminal law and the cause of accountability. It was an honor to be present -- a honor highlighted by the depth of emotions drawn on the faces of everyone present, particularly the survivors. I'm looking forward to reading the judgment. Please stay tuned to CTM for updates and interviews throughout the week.
• 12:06 Marc, the ECCC website says that the complete verdict will be available "Monday afternoon." It will be posted on http://www.eccc.gov.kh and http://unakrt-online.org/001verdict.htm
• 12:08 [Comment From GuestGuest: ] waiting for the trial judgement...justice will be done may be delayed but not denied. This is an example for us in Bangladesh as we prepare to try the perpetrators of crimes against humanity, genocide and war crimes committed in 1971 in Bangladesh. Victory to justice to humanity. Akku Chowdhury
• 12:09 [Comment From MichaelMichael: ] Does anyone know exactly how the 'time served' credit will work? 'Jeffrey' posted @ 11:30 that under Cambodian law, prisoners are eligible for parole after serving 2/3 of their sentence. Would this 2/3 be 23.3yrs (based on original sentence), or would it be 12.5 (based on sentence minus 'time served')?
• 12:10 Two more comments before I go.
• 12:11 If anyone knows the answer to Michael's question, please respond. My guess is the entirety of the sentence, but that the credit for time served is included in the calculation of release. In other words, he would have to serve 23 years, but since he's already served 11, he has 12 to go.
• 12:14 Akhu, thanks for your comment. I think it demonstrates some of the significance of this judgment, and this process, to people outside Cambodia.