Former Khmer Rouge prison chief, Kaing Guek Eav, alias Duch, in the Courts of Cambodia in Phnom PenhPHNOM PENH (AFP)— The lawyer for Cambodia's Khmer Rouge jail chief urged a UN-backed court Thursday to recognise his client's remorse, as the landmark trial over the "Killing Fields" era draws to a close.
Since his trial began in February, Duch has begged forgiveness for overseeing the murders of around 15,000 men, women and children at the S-21 or Tuol Sleng prison, a former high school in the capital Phnom Penh.
Inmates were taken from Tuol Sleng during his tenure for execution at an orchard that has become known as the "Killing Fields".
French defence lawyer Francois Roux said prosecution demands for a 40-year prison term for former prison chief Kaing Guek Eav, known as Duch, failed to take account of his repeated apologies.
"We have before us an accused who recognises his guilt. This is an historic moment for this country.... We must build the truth," Roux told the court.
"The prosecution has... missed its date with history," he said.
"They said lock him up for 40 years and society will be the better for it. But when will the prosecution admit that these are words that have been heard before? These are cliches and we must go further."
The trial's final arguments began on Monday and are to be completed Friday when lawyers present rebuttals to each other's concluding presentations. The court is then to process the submissions before a verdict expected early next year.
Roux compared Duch's prosecution with that of Bosnian Serb army commander Dragan Obrenovic, who had several charges dropped in 2003 after apologising for the murder of hundreds of Bosnian Muslims, and received a 17-year sentence.
"In my view, this is what this trial should have been," Roux said.
But in a sign of disharmony among Duch's defence team, Roux also rebutted arguments made Wednesday by Cambodian co-lawyer Kar Savuth, who said Duch should be acquitted, contradicting his own client.
"The defence has not laboured without disagreement," Roux admitted.
Duch, 67, has repeatedly apologised, this week offering "excruciating remorse", for his role in the hardline communist regime, which killed up to two million people.
But prosecution lawyers on Wednesday said he had not fully admitted responsibility and demanded he serve 40 years in jail.
Duch faces a maximum life sentence as the tribunal does not have the power to impose the death penalty. A verdict is expected early next year.
Duch has argued that he was not a leading figure in the regime and that he acted out of fear for his own safety and that of his family. Prosecutors accuse him of not fully acknowledging his role in the Khmer Rouge leadership.
For Cambodians the controversial tribunal, established in 2006 after nearly a decade of negotiations between Cambodia and the United Nations, is the last chance to find justice for the Khmer Rouge's crimes.
Khmer Rouge leader Pol Pot died in 1998. The joint trial of four other more senior Khmer Rouge leaders is expected to start in 2011, while the court is considering whether to open cases against five other former Khmer Rouge officials.
Since his trial began in February, Duch has begged forgiveness for overseeing the murders of around 15,000 men, women and children at the S-21 or Tuol Sleng prison, a former high school in the capital Phnom Penh.
Inmates were taken from Tuol Sleng during his tenure for execution at an orchard that has become known as the "Killing Fields".
French defence lawyer Francois Roux said prosecution demands for a 40-year prison term for former prison chief Kaing Guek Eav, known as Duch, failed to take account of his repeated apologies.
"We have before us an accused who recognises his guilt. This is an historic moment for this country.... We must build the truth," Roux told the court.
"The prosecution has... missed its date with history," he said.
"They said lock him up for 40 years and society will be the better for it. But when will the prosecution admit that these are words that have been heard before? These are cliches and we must go further."
The trial's final arguments began on Monday and are to be completed Friday when lawyers present rebuttals to each other's concluding presentations. The court is then to process the submissions before a verdict expected early next year.
Roux compared Duch's prosecution with that of Bosnian Serb army commander Dragan Obrenovic, who had several charges dropped in 2003 after apologising for the murder of hundreds of Bosnian Muslims, and received a 17-year sentence.
"In my view, this is what this trial should have been," Roux said.
But in a sign of disharmony among Duch's defence team, Roux also rebutted arguments made Wednesday by Cambodian co-lawyer Kar Savuth, who said Duch should be acquitted, contradicting his own client.
"The defence has not laboured without disagreement," Roux admitted.
Duch, 67, has repeatedly apologised, this week offering "excruciating remorse", for his role in the hardline communist regime, which killed up to two million people.
But prosecution lawyers on Wednesday said he had not fully admitted responsibility and demanded he serve 40 years in jail.
Duch faces a maximum life sentence as the tribunal does not have the power to impose the death penalty. A verdict is expected early next year.
Duch has argued that he was not a leading figure in the regime and that he acted out of fear for his own safety and that of his family. Prosecutors accuse him of not fully acknowledging his role in the Khmer Rouge leadership.
For Cambodians the controversial tribunal, established in 2006 after nearly a decade of negotiations between Cambodia and the United Nations, is the last chance to find justice for the Khmer Rouge's crimes.
Khmer Rouge leader Pol Pot died in 1998. The joint trial of four other more senior Khmer Rouge leaders is expected to start in 2011, while the court is considering whether to open cases against five other former Khmer Rouge officials.
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