By Suy Se (AFP)
PHNOM PENH — Prosecutors are appealing against the 30-year jail sentence handed to a former Khmer Rouge prison chief, arguing it is too lenient, Cambodia's UN-backed war crimes court announced Monday.
Kaing Guek Eav, better known as Duch, was found guilty last month of war crimes and crimes against humanity for overseeing the mass murder of 15,000 men, women and children at Tuol Sleng prison.
But the tribunal said in a statement that the international and Cambodian co-prosecutors believe his sentence "gives insufficient weight to the gravity of Duch's crimes and his role and his willing participation in those crimes".
They also think that undue weight is placed on mitigating circumstances, it added.
The 67-year-old was the first Khmer Rouge cadre to face an international tribunal, and the ruling was hailed as a historic day for Cambodia.
But many survivors and relatives of victims of the 1975-1979 regime were dismayed by the sentence, which also took into account the years Duch has served since his arrest, meaning he could walk free in about 19 years.
"I applaud the prosecutors' decision. I am happy for the prosecutors' help in this case as we victims have no right to appeal," Chum Mey, one of a handful of inmates who survived Tuol Sleng, said Monday.
"The victims are not happy with the short sentence. We want Duch to be jailed for longer," he told AFP.
Duch was initially handed 35 years, but the court reduced the jail term on the grounds that he had been detained illegally for years before the UN-backed tribunal was established. His lawyer has said he also plans to appeal.
Prosecutors had sought a 40-year prison term from the tribunal, which did not have the power to impose the death penalty.
Led by "Brother Number One" Pol Pot, the Khmer Rouge was responsible for one of the worst horrors of the 20th century, wiping out nearly a quarter of Cambodia's population through starvation, overwork and executions.
Prosecutors also want enslavement, imprisonment, torture, rape, extermination and other inhumane acts to be added to Duch's list of convictions.
Cambodia's Foreign Minister Hor Namhong has also said the sentence was too lenient.
During his trial, Duch repeatedly apologised for overseeing the mass murder at the prison -- also known as S-21 -- but shocked the court in November by finally asking to be acquitted.
Tuol Sleng was the centre of the Khmer Rouge security apparatus and thousands of inmates were taken from there for execution in a nearby orchard that served as a "killing field".
But the court found there was insufficient evidence to prove Duch personally committed torture or other inhumane acts, the judge said.
The joint trial of four more senior Khmer Rouge leaders charged with genocide is expected to start in 2011.
The court is also investigating whether to open more cases against five other former Khmer Rouge cadres, after a dispute between the international and Cambodian co-prosecutors over whether to pursue more suspects.
The Khmer Rouge was ousted by Vietnamese-backed forces in 1979, but continued to fight a civil war until 1998. Pol Pot died that same year.
Duch has been detained since 1999, when he was found working as a Christian aid worker in the jungle. He was formally arrested by the tribunal in July 2007.
Kaing Guek Eav, better known as Duch, was found guilty last month of war crimes and crimes against humanity for overseeing the mass murder of 15,000 men, women and children at Tuol Sleng prison.
But the tribunal said in a statement that the international and Cambodian co-prosecutors believe his sentence "gives insufficient weight to the gravity of Duch's crimes and his role and his willing participation in those crimes".
They also think that undue weight is placed on mitigating circumstances, it added.
The 67-year-old was the first Khmer Rouge cadre to face an international tribunal, and the ruling was hailed as a historic day for Cambodia.
But many survivors and relatives of victims of the 1975-1979 regime were dismayed by the sentence, which also took into account the years Duch has served since his arrest, meaning he could walk free in about 19 years.
"I applaud the prosecutors' decision. I am happy for the prosecutors' help in this case as we victims have no right to appeal," Chum Mey, one of a handful of inmates who survived Tuol Sleng, said Monday.
"The victims are not happy with the short sentence. We want Duch to be jailed for longer," he told AFP.
Duch was initially handed 35 years, but the court reduced the jail term on the grounds that he had been detained illegally for years before the UN-backed tribunal was established. His lawyer has said he also plans to appeal.
Prosecutors had sought a 40-year prison term from the tribunal, which did not have the power to impose the death penalty.
Led by "Brother Number One" Pol Pot, the Khmer Rouge was responsible for one of the worst horrors of the 20th century, wiping out nearly a quarter of Cambodia's population through starvation, overwork and executions.
Prosecutors also want enslavement, imprisonment, torture, rape, extermination and other inhumane acts to be added to Duch's list of convictions.
Cambodia's Foreign Minister Hor Namhong has also said the sentence was too lenient.
During his trial, Duch repeatedly apologised for overseeing the mass murder at the prison -- also known as S-21 -- but shocked the court in November by finally asking to be acquitted.
Tuol Sleng was the centre of the Khmer Rouge security apparatus and thousands of inmates were taken from there for execution in a nearby orchard that served as a "killing field".
But the court found there was insufficient evidence to prove Duch personally committed torture or other inhumane acts, the judge said.
The joint trial of four more senior Khmer Rouge leaders charged with genocide is expected to start in 2011.
The court is also investigating whether to open more cases against five other former Khmer Rouge cadres, after a dispute between the international and Cambodian co-prosecutors over whether to pursue more suspects.
The Khmer Rouge was ousted by Vietnamese-backed forces in 1979, but continued to fight a civil war until 1998. Pol Pot died that same year.
Duch has been detained since 1999, when he was found working as a Christian aid worker in the jungle. He was formally arrested by the tribunal in July 2007.
8 comments:
That's bad will of CPP, it wants to delay other leaders judgement.
If Duch said that he did it, because he was following the order, it's quit understandable for his sentence. Therefore the case should move up right away.
Please see this: if duch is to kill pol pot or Noun Chea or even Kiev Samphan during Kr's time, will the chaos and killing end? The answer is absolutely not. Why not? because the mf communist regime is running by the Angkar Leu or the higher up of the Communist government and who know who was it? Did anyone know? Nobody. Even King father couldn't do anything to stop it. Everyone knows damm well that even his relatives including the very closest one Prince Sisowath Methavy and his wife were taken to slaughter. Can he do anything to save them? No, he couldn't. Angkar Leu is very secretive and very powerful. They can destroy anyone who against it. Until this day, they are still remaining a mystery. Where in the hell is Angkar Leu? Why don't the UN and the most intelligent prosecutors on this earth look into China Vietnam and the former Soviet Union. Those were the bosses of the KR. Why not? Why continue to wait? Please get those mf Noun Chea, Kiev Samphan , Eng Sary and his wife to court and ask them asap.
khmer rouge trial, the TRIAL OF SHAME!
Does anyone know if pepper-spray bottles are legal in Cambodia? My daughter would like to take a couple with her when she visits Cambodia next month with her mom.
Thank you for your help.
Peace,
Chenda
10:36
Acid is legal, gun is legal, killing is legal, so a small pepper spray is perfectly legal! If she get arrested, don't worry just tell them it's a hair spray.
11:46 PM
Will she have problem with the Cambodian custom up her arrival.
Thanks,
Chenda
8:06! DID SHIHANOUKSTILLHAPPY JUST TO THINK OF HOW kHMERrOUGE KILLED HIS COUSIN SISOWAT SIRIMATAK BROTHER OF MEATHEAVY?????
THE KILLED THEIR PARENTS FOR POWER! THE RAT!!!
Why you're so stupid,
Sihanouk was a piece of shit for Khmer rouge, if he was not protected by China, he would be killed exactely like Sirimatak already.
Now too, Sihanouk is just a piece of shit for Hun Sen, Sihanouk accepts to drink water under Hun Sen armpit because he wants to kill Funcinpech by his own hands.
Sihanouk kills Funcinpech members because they didn't allow Sihanouk to run the country.
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