Wednesday, March 30, 2011

Victims of KRouge torture prison seek justice in appeal

PHNOM PENH, March 30, 2011 (AFP) - Survivors and relatives of some of the 15,000 people who died in a Khmer Rouge prison run by torture chief Duch made a final call for more reparations as his appeal case drew to a close Wednesday.

Cambodia's UN-backed court sentenced Duch, 68, in July to 30 years in jail for war crimes and crimes against humanity for overseeing mass murder at the notorious prison Tuol Sleng -- or S-21 -- in the late 1970s.

The only reparations the court awarded the victims, known as the civil parties, was to include their names in the judgment and agree to publish Duch's apologies.

Financial compensation for victims is not an option but their lawyers on Wednesday called for other forms of collective and moral redress, such as memorials or free psychological support.


Their appeal followed those of the defence and the prosecution earlier this week and marked “the last moment for civil parties to get justice”, Brice Poirier from Avocats Sans Frontieres, which represents some of the victims, told AFP.

Lawyers are also asking for more civil parties to be admitted after the lower court rejected 24 of the 90 applicants, saying they had failed to prove their harm was closely linked to Duch's actions.

This had caused “distress” to individuals already “traumatised once by the actions of the accused”, lawyer Karim Khan told the Supreme Court Chamber.

In their appeal on Monday, Duch's lawyers called for his acquittal and release, saying the court had no right to try him because he was “just a minor secretary” following orders.

The prosecution argued on Tuesday that Duch had failed to show “real, sincere remorse” and demanded life imprisonment, to be reduced to 45 years for time spent in unlawful detention before the tribunal was established.

A ruling on the appeals is expected in late June.

Anne Heindel, a legal advisor to the Documentation Centre of Cambodia, which collects evidence of Khmer Rouge atrocities, said the civil party appeal reminds the court that the proceedings are not just about legal arguments but about “the lives of flesh and blood victims”.

A bespectacled Duch could be seen scribbling notes throughout the hearing.

Duch was originally given a 35-year jail sentence but this was reduced for the period of illegal detention.

Given time already served, he could walk free in less than 19 years, to the dismay of many victims of the brutal 1975-1979 regime.

Led by “Brother Number One” Pol Pot, who died in 1998, the Khmer Rouge wiped out up to two million people through starvation, overwork and execution.

S-21, in Phnom Penh, was at the centre of the regime's security apparatus.

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:

Anonymous said...

I think this evil Duch should ask for his justice from his victims from their graves instead of from Tribunal.

Areak Prey

Anonymous said...

Khmer Rouge era was long gone 30 years ago, now HUN SEN is a current SILENCE MASS MURDERER should in World Criminal Court.

Anonymous said...

Duch is not that person to go to jail, but Yuon/Vietcong Hanoi, Vietcong secret agents, Hun Sen, CPP Yuon high ranking officials are the ones to be punished and trialed for the crimes against humanity and to be jailed.

2 millions of innocent Khmer/Cambodian people were killed by Yuon-Vietcong secret agents when they pretended to be Khmer Rouges armies or soldiers or Khmer Rouges cadres. They were Yuon spies among Khmer Rouges, Lon Nol and Khmer people from 1970 to 1979.

The international communities and the UN need to know the facts, investigate more and do more researches, finding out how the Killing Fields started and who were behind all the killing of innocent Khmer/Cambodian people and foreigners.

Anonymous said...

Dont spend so much wasted time on this Duch, the real problems of Cambodia are other, its not Duch and its not the temple also.

If Duch gets 30 years ore 40, who cares? He is 68 years old...

Anonymous said...

agree with 5:50pm and 7:01pm-
1- there are many notorious killers from RK - why Duch?
2-Duch is a former killer, what abot current killers in CPP. now Khmer people are imposed suffering by the cpp- please do not conclude that I am a Khmer rouge- I am not.
3- half of Khmer population are of KR. why would you dislike or despise your own people.
4- All khmer-except Khmer Chinese who only care about business- have close or distant relatives who served in the KR cause.

Nak Sreh

Anonymous said...

7:01! Are you stupid or you live back 100 year?

Law! that setense ah Duch will become kind of presedented law in the land or maybe the world! So that why is verry important!

Go talk to reak mlawyer fool!

Anonymous said...

Dear all Khmer on this great blogs let me draw you some attention about Duch and 2 million of Khmer lives who passed away between 1975-1979 .

But before talking about Duch let me personally condemn any kind of killing humen being especially killing innocent Khmer people .

As the victims ourselves we all know that between 1975-1979 there are 2 million lives of innocent Khmer people were killed brutally in Cambodia but not in Phnom Penh all were killed outside the capital city.

And we all know that those lived in Phnom Penh between 1975-1979 most of them were Khmer Rouge cadres and Khmer Viet Minh only a few city people who were lucky to lived and worked in Phnom Penh
in the factories.

So most of those who were sent to S 21 prison ( 20 thousand ) all of them were Khmer Rouge cadres and their families and Khmer Viet Minh 98%.

For 2 million Khmer lives were not killed by Duch But were killed by other prisons chiefs ( in KR days there were about 195-196 prisons ) by starvation , overwork ect….. .

So the real killers of 2 million of Khmer people are still at large.

So no justice for 2 million of Khmer people .

Anonymous said...

The owner of Golden Star Palace Chinese Restaurant at Cabramatta is former Khmer Rouge Military Commanders who murdered thousands of innocent Cambodian life during Pol Pot regime. If they condemn and bring Kaing Guek Eav (Duch) to justice why Khmer rouge court of justice should be exemption the owner of Golden Star Palace that murdered thousands of Khmer lives and took their belonging such as gold, jewelry, diamonds to Australia become very rich family and live in peace like theses. That is very unfair to human being that he murdered very cruelty and painful death.
We are Khmer people and Khmer Communities around the world would like Khmer Rouge Court of justice, KI Media, VOA, Radio Free Asia, Radio France International, Mr. Sam Rainsy, World Human Right Group, UN, World Court Of Justice, Australian Government to bring this war criminal to justice like Kaing Guek Eav (Duch).
We are human being we must not support war criminal who murdered thousands human life like this.