Showing posts with label Duch charged with premeditated murder. Show all posts
Showing posts with label Duch charged with premeditated murder. Show all posts

Saturday, December 06, 2008

Two Crimes Added to Duch Indictment

Former Khmer Rouge prison chief S-21, Kaing Guek Eav better known as "Duch" (C) stands in a dock in the court room at the Extraodinary Chambers in the Courts of Cambodia in Phnom Penh. Cambodia's genocide court on Friday ruled that the former Khmer Rouge prison chief will face extra charges, paving the way for the first public trial of a leader of the brutal regime. (AFP/POOL/Mak Remissa)

By Kong Sothanarith, VOA Khmer
Original report from Phnom Penh
05 December 2008


Duch will also be charged with murder and torture for his role as chief of Tuol Sleng prison under the Khmer Rouge.

Jailed Khmer Rouge prison chief Duch was handed two more counts in his atrocity crimes indictment Friday, but he was not charged under a legal principle that would link four other leaders to his alleged crimes.

Chief judge Prak Kimsan announced the decision of the Khmer Rouge tribunal’s Pre-Trial Chamber Friday, adding the crimes of murder and torture from Cambodia’s Penal Code to charges of war crimes and crimes against humanity.

The decision moved the tribunal one step closer to Duch's trial, expected in early 2009, the first ever for courts that have faltered from their inception, alarming critics who worry leaders will perish before they face trial.

Tribunal prosecutors in September lodged an appeal against the indictment, part of a so-called “closing order” by the investigating judges, noting Duch had not been indicted for the two crimes, which fall under the 1956 Penal Code.

Prosecutors also noted Duch, who real name is Kaing Kek Iev, was not indicted for all crimes committed in the notorious prison he ran, Tuol Sleng, known to the Khmer Rouge by the codename S-21.

The Pre-Trial judges said Friday they had found enough reason in the appeal to add the two crimes to Duch’s indictment.

They announced they had found enough cause for murder, because Duch had allegedly planned or incited killings at S-21 and the nearby site of mass graves, or “killing fields,” at Chhoeung Ek, a commune in Phnom Penh’s Dankao district.

Duch’s defense lawyers did not comment after the hearing, but in a brief submitted to the Pre-Trial Chamber in November, they expressed worry that the murder and torture claims could delay the court through further investigation.

However, Hong Kimsuon, a lawyer for the civil parties in Duch’s case, said Friday the new indictment would not extend the investigation or prolong the process.

“It is only an additional [two charges], and after that they will go forward to trial,” he said.

Judge Prak Kimsan also said Friday Duch would be detained until his trial and the case would now be forwarded to the Trial Chamber.

Prak Kimsan said the legal principal known as joint criminal enterprise, which could potentially link the other leaders with Duch’s crimes, had not been satisfactorily demonstrated.

Friday, December 05, 2008

Khmer Rouge prison chief faces new charge

Fri, 05 Dec 2008
DPA

Phnom Penh - Cambodia's UN-backed war crimes tribunal on Friday laid a new charge against a former leader of the genocidal Khmer Rouge regime, while also rejecting an attempt to have a controversial conspiracy charge brought against him. Following an appeal from prosecutors to have charges broadened, Kaing Guek Eav, known by his communist name "Duch", will now face a charge of premeditated murder on top of the crimes against humanity charges, for which he was indicted in August.

The new charge also means Duch will be tried according to Cambodian law, which could expedite the trial process.

The 66-year-old is the youngest of five former leaders facing trial for their roles in the deaths of up to two million people through execution, starvation and exhaustion during the Khmer Rouge's reign between 1975 and 1978.

Duch was in charge the infamous S21 prison in Phnom Penh, where an estimated 16,000 men, women and children were tortured and killed.

The former mathematics teacher and born-again Christian has publicly expressed remorse for his role in overseeing the school- turned-torture facility.

Duch has been in pre-trial detention since 1999 and attended Friday's pre-trial hearing. Judges did not call on him to speak.

The court rejected an appeal to bring a charge of joint criminal enterprise - a controversial legal doctrine which attempts to hold multiple people responsible for the crimes of a single group or organisation.

President of the pre-trial chamber Prak Kimsan said the appeal was rejected because the prosecution's evidence for joint criminal enterprise was "too vague".

Legal experts have said a joint criminal enterprise charge could broaden the tribunal's scope and lead to the arrest and indictment of more former Khmer Rogue members. Duch's trial is due to begin in January.