Monsters and critics
Mar 29, 2011
Phnom Penh (DPA)- The prosecution at the international war crimes court on Tuesday asked its appeal division to impose a sentence of at least 45 years on Comrade Duch (pictured), the Khmer Rouge's former security chief.
Last year, the UN-backed tribunal sentenced Duch to 35 years after finding him guilty of war crimes and crimes against humanity for his involvement in the deaths of at least 12,272 detainees at the Khmer Rouge's secret prison known as S-21 between 1976-79
Prosecutor Andrew Cayley told the appeal hearing that the court was mistaken in sentencing Duch to 35 years. With mitigating factors and time already served that meant he would serve 19, which Cayley said was 'manifestly inadequate.'
'We call for the imposition of a life term, reduced to 45 years simply to take account of that period of illegal detention (by the Cambodian authorities prior to trial),' he said. 'For the purposes of history a life term must be imposed.'
The appeal court is scheduled to deliver its judgment in June.
Since Duch is entitled to a reduction of 11 years for time already served while awaiting trial, any final sentence would be further reduced by 11 years in line with national and international law.
Duch, whose real name is Kaing Guek Eav, headed S-21 prison, where thousands of perceived enemies of the revolution were taken to be tortured, interrogated and executed.
The 68-year-old defendant's appeal began Monday and is scheduled to close Wednesday. His defence team is seeking his acquittal and release.
Cayley said Duch's cooperation with the court during his trial in 2009 had been 'insincere and opportunistic', pointing out the accused's turnaround at the end of that trial when Duch reversed his 'guilty but sorry' plea and asked to be acquitted.
Cayley also said the trial chamber had mistakenly given too much weight to mitigating factors when determining Duch's sentence. Among those, he said, were Duch's cooperation with the court, and his repeated expressions of remorse.
'In respect of remorse, the accused's continued requests for release underscores in a case like this - involving massive criminality - the fact that the accused to this day lacks real, sincere remorse for what happened,' Cayley said.
On Monday Duch's lawyers said the court lacked personal jurisdiction over their client since he was not a senior Khmer Rouge cadre and had merely followed orders.
His defence team reiterated that position on Tuesday. It said the prosecution was applying 'a double standard of law' and claimed international law did not apply.
'My client should be credited for mitigating factors,' said defence lawyer Kang Ritheary. 'I would feel that a 15-year term would be adequate for his good gestures.'
Duch is the first person the international court has found guilty of crimes committed under the Khmer Rouge regime, which ruled Cambodia between 1975-79. Up to 2.2 million people are believed to have died from execution, starvation, overwork and illness.
Phnom Penh (DPA)- The prosecution at the international war crimes court on Tuesday asked its appeal division to impose a sentence of at least 45 years on Comrade Duch (pictured), the Khmer Rouge's former security chief.
Last year, the UN-backed tribunal sentenced Duch to 35 years after finding him guilty of war crimes and crimes against humanity for his involvement in the deaths of at least 12,272 detainees at the Khmer Rouge's secret prison known as S-21 between 1976-79
Prosecutor Andrew Cayley told the appeal hearing that the court was mistaken in sentencing Duch to 35 years. With mitigating factors and time already served that meant he would serve 19, which Cayley said was 'manifestly inadequate.'
'We call for the imposition of a life term, reduced to 45 years simply to take account of that period of illegal detention (by the Cambodian authorities prior to trial),' he said. 'For the purposes of history a life term must be imposed.'
The appeal court is scheduled to deliver its judgment in June.
Since Duch is entitled to a reduction of 11 years for time already served while awaiting trial, any final sentence would be further reduced by 11 years in line with national and international law.
Duch, whose real name is Kaing Guek Eav, headed S-21 prison, where thousands of perceived enemies of the revolution were taken to be tortured, interrogated and executed.
The 68-year-old defendant's appeal began Monday and is scheduled to close Wednesday. His defence team is seeking his acquittal and release.
Cayley said Duch's cooperation with the court during his trial in 2009 had been 'insincere and opportunistic', pointing out the accused's turnaround at the end of that trial when Duch reversed his 'guilty but sorry' plea and asked to be acquitted.
Cayley also said the trial chamber had mistakenly given too much weight to mitigating factors when determining Duch's sentence. Among those, he said, were Duch's cooperation with the court, and his repeated expressions of remorse.
'In respect of remorse, the accused's continued requests for release underscores in a case like this - involving massive criminality - the fact that the accused to this day lacks real, sincere remorse for what happened,' Cayley said.
On Monday Duch's lawyers said the court lacked personal jurisdiction over their client since he was not a senior Khmer Rouge cadre and had merely followed orders.
His defence team reiterated that position on Tuesday. It said the prosecution was applying 'a double standard of law' and claimed international law did not apply.
'My client should be credited for mitigating factors,' said defence lawyer Kang Ritheary. 'I would feel that a 15-year term would be adequate for his good gestures.'
Duch is the first person the international court has found guilty of crimes committed under the Khmer Rouge regime, which ruled Cambodia between 1975-79. Up to 2.2 million people are believed to have died from execution, starvation, overwork and illness.
2 comments:
Murderer!
Cambodian victims were raped first by khmer rouge soldiers, then club to death...
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