29th March, 2011
(RTTNews) - The hearings on an appeal filed by former Khmer Rouge jailer Kaing Khev Iev (pictured), alias Duch, against his conviction on crimes against humanity began at the Cambodia's UN-backed war crimes tribunal on Monday, with defense lawyers arguing that the tribunal does not have jurisdiction to convict their client.
The defense lawyers argued during Monday's hearing that their client was only following orders when he oversaw the deaths of some 15,000 people at Tuol Sleng torture prison in the late 1970s. They insisted that Duch was obliged to carry out orders as he was only a low-ranking official in the regime.
But the prosecution stressed that the defense should made such an argument when Duch's trial began in early 2009, and reminded the court that it has already found Dutch to be one among those responsible for the regime's crimes.
"In addition, Duch himself frequently acknowledged his responsibility for crimes committed within the framework of S-21 as chief of the center," prosecutor Chea Leang said referring to the Tuol Sleng torture prison.
Last July, the tribunal had found Duch guilty of committing crimes against humanity, and sentenced him to 35 years in prison. He was accused of committing crimes against humanity, war crimes, torture and premeditated murder of more than 15,000 people during the Communist regime's rule from 1975 to 1979.
In its July 26 verdict, the tribunal decided against giving Duch a lifer as he had shown remorse and because of his "potential for rehabilitation." He faced a maximum of life term in prison if convicted of the charges, as the tribunal does not have the powers to award the death penalty.
Though Duch was handed down a 35-year prison sentence by the tribunal, he effectively had to serve out only a 19-year term because of the time he had already served in prison and compensation for his illegal detention by the Cambodian military from 1999 to 2007. He was the first Khmer Rouge leader to face the tribunal, and to have confessed his role in the atrocities and expressed remorse.
However in August, Duch appealed against his conviction, basing his demand on grounds that the tribunal does not have jurisdiction to convict him. Describing his earlier conviction as a "miscarriage of justice," his lawyers insisted that their client was only one among 196 Khmer Rouge prison chiefs who were merely following orders.
The prosecutors also appealed against Duch's sentencing, demanding that enslavement, imprisonment, torture, rape, extermination and other inhumane acts be added to his list of convictions. They are seeking the maximum 40-year jail term for Duch. Hearings on both the appeals are scheduled to last three days, with a verdict expected in June.
(RTTNews) - Duch was arrested in 1999 after British journalist Nic Dunlop discovered him in the Cambodian countryside. He was a member of Cambodia's infamous Khmer Rouge regime that took over the country in 1975 after ousting a U.S.-backed government shortly after the American pullout from neighboring Vietnam.
Four other Khmer Rouge leaders are also facing charges of genocide, crimes against humanity, war crimes and several other offenses under the Cambodian Criminal Code 1956, including murder, torture and religious persecution. All the four have denied any wrongdoing.
The war crimes tribunal in Cambodia was established in 2006 to prosecute members of the Khmer Rouge regime. It is believed that the regime executed over two million fellow-Cambodians in its efforts to forcefully create a peasant society based on Maoist principles before the Vietnamese Army ousted it in 1979. The group's top leader, "Brother Number One" Pol Pot, died in 1998.
by RTT Staff Writer
For comments and feedback: editorial@rttnews.com
The defense lawyers argued during Monday's hearing that their client was only following orders when he oversaw the deaths of some 15,000 people at Tuol Sleng torture prison in the late 1970s. They insisted that Duch was obliged to carry out orders as he was only a low-ranking official in the regime.
But the prosecution stressed that the defense should made such an argument when Duch's trial began in early 2009, and reminded the court that it has already found Dutch to be one among those responsible for the regime's crimes.
"In addition, Duch himself frequently acknowledged his responsibility for crimes committed within the framework of S-21 as chief of the center," prosecutor Chea Leang said referring to the Tuol Sleng torture prison.
Last July, the tribunal had found Duch guilty of committing crimes against humanity, and sentenced him to 35 years in prison. He was accused of committing crimes against humanity, war crimes, torture and premeditated murder of more than 15,000 people during the Communist regime's rule from 1975 to 1979.
In its July 26 verdict, the tribunal decided against giving Duch a lifer as he had shown remorse and because of his "potential for rehabilitation." He faced a maximum of life term in prison if convicted of the charges, as the tribunal does not have the powers to award the death penalty.
Though Duch was handed down a 35-year prison sentence by the tribunal, he effectively had to serve out only a 19-year term because of the time he had already served in prison and compensation for his illegal detention by the Cambodian military from 1999 to 2007. He was the first Khmer Rouge leader to face the tribunal, and to have confessed his role in the atrocities and expressed remorse.
However in August, Duch appealed against his conviction, basing his demand on grounds that the tribunal does not have jurisdiction to convict him. Describing his earlier conviction as a "miscarriage of justice," his lawyers insisted that their client was only one among 196 Khmer Rouge prison chiefs who were merely following orders.
The prosecutors also appealed against Duch's sentencing, demanding that enslavement, imprisonment, torture, rape, extermination and other inhumane acts be added to his list of convictions. They are seeking the maximum 40-year jail term for Duch. Hearings on both the appeals are scheduled to last three days, with a verdict expected in June.
(RTTNews) - Duch was arrested in 1999 after British journalist Nic Dunlop discovered him in the Cambodian countryside. He was a member of Cambodia's infamous Khmer Rouge regime that took over the country in 1975 after ousting a U.S.-backed government shortly after the American pullout from neighboring Vietnam.
Four other Khmer Rouge leaders are also facing charges of genocide, crimes against humanity, war crimes and several other offenses under the Cambodian Criminal Code 1956, including murder, torture and religious persecution. All the four have denied any wrongdoing.
The war crimes tribunal in Cambodia was established in 2006 to prosecute members of the Khmer Rouge regime. It is believed that the regime executed over two million fellow-Cambodians in its efforts to forcefully create a peasant society based on Maoist principles before the Vietnamese Army ousted it in 1979. The group's top leader, "Brother Number One" Pol Pot, died in 1998.
by RTT Staff Writer
For comments and feedback: editorial@rttnews.com
1 comment:
Cambodian victims were raped first by khmer rouge soldiers, then club to death...
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