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| Duch -- whose real name is Kaing Guek Eav |
26 March 2011
AFP
PHNOM PENH: Cambodia's war crimes court will hear appeals next week in the case of of former Khmer Rouge cadre Duch, who is seeking acquittal despite admitting running a feared jail where thousands died.
Duch, 68, was sentenced to 35 years in prison last July for war crimes and crimes against humanity for overseeing the deaths of 15,000 people at the notorious torture prison Tuol Sleng in the late 1970s.
The jailer, whose real name is Kaing Guek Eav, was the first former Khmer Rouge cadre to face an international tribunal.
His sentence was reduced to 30 years on the grounds that he had been detained illegally for years. And given time already served, Duch could walk free in less than 19 years, much to the dismay of many victims of the brutal 1975-1979 regime.
Prosecutors are also appealing, hoping to have Duch's sentence increased to life, commuted to 45 years for time already served.
During his trial, Duch repeatedly apologised for overseeing mass murder at the detention centre, also known as S-21, but shocked the court by asking to be acquitted in his closing statement in November 2009.
The defence team will claim in their appeal on Monday that the UN-backed court has no jurisdiction over Duch because he was not one of the regime's senior leaders nor one of those most responsible for the crimes committed.
"The court is not allowed to try a person that does not fall into one of those two groups", Kang Ritheary, one of Duch's lawyers, told AFP, adding that Duch was only following orders.
"He had to try his best at work in order to save his life."
Anne Heindel, a legal advisor at the Documentation Centre of Cambodia, which collects evidence of Khmer Rouge atrocities, said the defence strategy was "reckless" because the court "has wide discretion in determining whom to prosecute".
"Instead of responding to the prosecution's multiple arguments for a longer sentence, the defence keeps reiterating this one untimely and uncompelling argument," Heindel said.
Prosecutors say in their appeal brief that the verdict did "not adequately reflect the seriousness of the crimes or the respondent's role in those crimes".
They also want enslavement, imprisonment, torture, extermination and other inhumane acts to be added to Duch's list of convictions.
Chum Mey, 80, one of the few survivors of S-21, said "there would be no justice" if Duch is released and he should be jailed for life.
Led by "Brother Number One" Pol Pot, who died in 1998, the Khmer Rouge wiped out nearly a quarter of Cambodia's population through starvation, overwork and execution.
S-21, in Phnom Penh, was at the centre of the regime's security apparatus and thousands of inmates were taken from there for execution in a nearby orchard.
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.
Four of the regime's most senior surviving members are due to go on trial later this year and Duch is expected to appear as a witness.
The tribunal, dogged by allegations of political interference, has yet to announce whether it will pursue two more cases against five more former Khmer Rouge cadres.
Cambodian Prime Minister Hun Sen, himself a mid-level cadre before he turned against the movement, said late last year no new trials would be allowed.
But observers say Duch's court proceedings were free from political pressure, even though one of his lawyers has also acted for the premier.
12 comments:
Koh Tral Island must not be forgotten
By Ms. Rattana Keo
Why do Koh Tral Island, known in Vietnam as Phu Quoc, a sea and land area covering proximately over 10,000 km2 [Note: the actual land size of Koh Tral itself is 574 square kilometres (222 sq miles)] have been lost to Vietnam by whose treaty? Why don’t Cambodia government be transparent and explain to Cambodia army at front line and the whole nation about this? Why don't they include this into education system? Why?
Cambodian armies are fighting at front line for 4.6 km2 on the Thai border and what's about over 10,000km2 of Cambodia to Vietnam. Nobody dare to talk about it! Why? Cambodian armies you are decide the fate of your nation, Cambodian army as well as Cambodian people must rethink about this again and again. Is it fair?
Koh Tral Island, the sea and land area of over 10,000 square kilometres have been lost to Vietnam by the 1979 to 1985 treaties. The Cambodian army at front line as well as all Cambodian people must rethink again about these issues. Are Cambodian army fighting to protect the Cambodia Nation or protecting a very small group that own big lands, big properties or only protecting a small group but disguising as protecting the Khmer nation?
The Cambodian army at front lines suffer under rain, wind, bullets, bombs, lack of foods, lack of nutrition and their families have no health care assistance, no securities after they died but a very small group eat well, sleep well, sleep in first class hotel with air conditioning system with message from young girls, have first class medical care from oversea medical treatments, they are billionaires, millionaires who sell out the country to be rich and make the Cambodian people suffer everyday.
Who signed the treaty 1979-1985 that resulted in the loss over 10,000 km2 of Cambodia??? Why they are not being transparent and brave enough to inform all Cambodians and Cambodian army at front line about these issues? Why don't they include Koh Tral (Koh Tral size is bigger than the whole Phom Phen and bigger than Singapore [Note: Singapore's present land size is 704 km2 (271.8 sq mi)]) with heap of great natural resources, in the Cambodian education system?
Look at Hun Sen's families, relatives and friends- they are billionaires, millionaires. Where did they get the money from when we all just got out of war with empty hands [in 1979]? Hun Sen always say in his speeches that Cambodia had just risen up from the ashes of war, just got up from Year Zero with empty hands and how come they are billionaires, millionaires but 90% of innocent Cambodian people are so poor and struggling with their livelihood every day?
Smart Khmer girl Ms. Rattana Keo,
Please leave him alone, we should fight with Ah YOUN/Viet and Ah Siam. We should not against Khmer and Khmer, Khmer Rouge is past, it over. I was a former Khmer Rouge soldier and now I am an ordinary person, and every body like me. We should save our country from Ah YOUN/Viet and Ah Siam.
It wasted a lot of time to have a trial for Khmer Rouges. I believe the international tribunal for Vietnamese communist Hanoi leaders (including Hun Sen and his CPP Youn Comrades) who the major players in the Killing Fields that killed millions of innocent Khmer people and foreigners like journalists and volunteers. It has sadden me that Cambodia was ruled by Hun Sen and CPP (Youn commrades) under Vietnamese Communist Hanoi motherfuckers (leaders/masters) for more than 3 decades.
Duch has been toppled by secret Youn/Vietnamese agents during the Killing Fields and manipulated by those Vietnamese agents to kill the smart, well-educated and intelligent Khmer/Cambodian people (including foreigners) like doctors, students, monks, engineers, artists, actors, singers, teachers, professors,journalists, and so on.
Remember, Pol Pot was toppled by Viet/Youn Hanoi secret agents along with Western journalist during the killing fields while the real Khmer Rouges soldiers were so busy fighting with the Southern Vietnam to get Khmer Krom back. Khmer Rouges soldiers and Pol Pot have been stabbed behind the back by Vietnamese Communist Hanoi masters and secret Youn/Viet agents inside Cambodia and hiding among the Khmer Rouges armies or soldiers. Khmer people and foreigners are shocking to hear all these secret story that all of you did not know. Viet/Youn Communist Hanoi were behind all the killing of innocent Khmer/Cambodian people and foreigners.
Vietnamese secret agents in the ghost town of Phnom Penh after the city people were evacuated to remote areas like forest, farmers, etc. During the killing fields from 1975 to 1979,everything has been stolen by Youn/Vietnamese secret agents and Vietnamese armies (who could speak and write Khmer language very well) and shipped and sent to Vietnam very fast. Capital Phnom Penh has been so empty and has nothing left.
It is really a very long story and there are a lot of things to say about Viet/Youn thieves or crooks, still very evil and dirty in the world.
the game chase the time and delay.
their are just created and no time reveal the killing field.
9:50 PM, those were the dirty tricks of Youn/Vietnam Communist Hanoi in the blind eyes of people in Cambodia and foreigners around the world. Youn/Viet Hanoi agents could be clever and intelligent, but they were caught in the eyes of innocent Khmer people and victims and Khmer Rouges soldiers/armies in/during the Killing Fields and in the eyes of journalists from the Western world during the Killing Fields.
Ah Ho Chi Minh has had secret agents
called,"KHMER VIETMINH"all over Cambodia since 1929.Please keep your eyes,your ears,and your brains on it.
Even Pol Pot and Sihanouk were Khmer
Vietminh.Why? Pol Pot was with Viet-
cong and his name was Bai Minh.Sihanouk was
a Vietcong supporter since 1960.He lets Vietcong use Khmer territory along Khmer-Vietnam border,HO CHI MINH TRAIL.
Vietnam govt always keeps political principles,but Khmer leaders never do.They always depend on Thai and Vietnam to survive their leaderships.
Let Duch, Khiev Sam Pharn go free and he will bring all former Khmer rouges from Oudor Mearn Jey to fight with Yourn on the east side of Cambodia.
I agree with 8:52 PM and most of our brother and sister on this great blogs we must focus on the future to save Khmer lives and Cambodia from becoming like Champa and Kampuchea-Krom for the sake of Khmer younger generation.
Why I agree with 8:52PM because if you look back into our Khmer real history from 1930-2011 especially 1930-1954 during Yuon Viet Minh, Khmer Viet Minh fought against French solders under the name of Khmer Issarak till 1954 Geneva Peace Accord you will see that yuon Viet Minh, who formed Khme Viet Minh deeply involved with all kinds of killing Khmer by borrowing Khmer Hands like Khmer Viet Minh who working along side with Pol Pot like So Phin who was the former boss of Khmer Viet Minh like Heng Samrin , Chea Sim ect.... .
Note: So Phin was brother number 4 ( Number 1 Pol Pot, Nmuber 2 Noun Chea, Nunmber 3 Ieng Sary , Number 4 So Phin , So Phin was a Khmer Viet Minh.
So back to Duch seeking acquittal it just a show game from Yuon , Hun Sen Khmer Rouge Trials.
Duch , Noun Chea , Ieng Sary and Khieu Samphan they all Know very well that none of them will be released and all of them will life imprison or die in jail.
some of the four KR leaders being held in KR Trials want to talk but so far they are not allowed to talk.
So will we be like Champa or Kampuchea-Krom and lao or not it all depend on all of Khmer home and abroad to stand up and save Cambodia before it is too late.
One of these days, Vietnam/Youn people and government will be haunted by Khmer ghosts every where. They will not be able to sleep well. Who knows? I am speaking the truth for Viet/Youn killers will not be able to hide whatever they have done until today.
There will be huge numbers of Black Magics from Khmer ancestors will crush Youn/Vietcong.
In the U.S., there are many ghosts have been haunted everywhere for the bad people who committed evil doers, criminals and evil actions
Good luck, Youn/Viet folks, enjoy your lives on the planet.
Khmer rouges, from 1975 to 1979 you were very happy to kill Cambodians and now you fake to like Cambodians, FUCK YOU, you are not Cambodian anymore, you are just YUON tool, you served Yuon politic, you worked for Yuon.
FUCKEN DUCH GO TO HELL AND DON'T COME BACK.
9:37 AM, you are Youn/Viet pretending to be Khmer/Cambodia. You need to leave Duch alone. You just shut him up because he (the rest of Khmer Rouges leaders and armies) wanted to speak the truth about Viet/Youn agents during the trial, but he was not allowed to speak about Youn/Viet Hanoi masters / agents who were behind the killing fields originally. For me, I know all about the Viet/Youn dirty and secret plans to murder Khmer/Cambodian people because I heard about it, I was there in the killing fields and had a very bad time and hardship, and I have done my deep researches.
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