News / Asia

Prosecution Wants Increased Sentence for Khmer Rouge War Criminal Duch

Kaing Guek Eav, alias Duch, gestures in the Extraordinary Chambers in the Courts of Cambodia on the outskirts of Phnom Penh, March 29, 2011
Kaing Guek Eav, alias Duch, gestures in the Extraordinary Chambers in the Courts of Cambodia on the outskirts of Phnom Penh, March 29, 2011
TEXT SIZE - +
Robert Carmichael

The prosecution at Tuesday’s appeal hearing for Comrade Duch, the former head of the Khmer Rouge's notorious S-21 prison, has asked the United Nations-backed war crimes tribunal to increase the jail term it handed down last year. 

March 29 marked day two of the scheduled three-day appeal court hearing for Comrade Duch, the Khmer Rouge’s former chief jailer, who has asked to be acquitted and released.

Last year, the United Nations-backed tribunal sentenced Duch to 35 years in prison but reduced the term to 19 years because of time served and other factors.

The lower court had found Duch responsible for the deaths of more than 12,000 detainees at S-21 prison, which he headed between 1976 and 1979.

Displeased prosecutor

On Tuesday, international prosecutor Andrew Cayley told the seven-judge Supreme Chamber bench that the lower court’s sentence was manifestly inadequate.

He pointed out Duch’s change of strategy in the final days of his 2009 trial, when the 68-year-old defendant asked the court to acquit and release him.  That represented a stunning 180-degree turn, after nine months of Duch telling judges he was "guilty but sorry."

Cayley says the lower court was mistaken to have placed so much weight on mitigating circumstances.

He cited a number of areas in which he felt the lower court had been too generous - including Duch’s numerous expressions of regret which he feels were bogus.

"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.

What Duch did

S-21 prison, which Duch oversaw for three years, was a secret center where the Khmer Rouge sent thousands of perceived enemies of the revolution.

An estimated 15,000 people were tortured and interrogated at S-21 and then killed after Duch signed their execution orders.

Despite that, Duch’s lawyers told the appeal hearing Monday that their client should be freed.

They claim that Duch's case does not fall within the court's mandate because he was not a senior leader of the Khmer Rouge. They say he should be acquitted and freed.

On Tuesday, Duch’s lawyers said their client was a man who had acted under duress, expressed remorse and had not benefited, personally, from his years spent running S-21.

The defense repeated that Duch had simply been following orders and that, if he had not done what he was told to do, he would have been killed.  His lawyer went so far as to describe Duch as a good man.

Life term


Not surprisingly, the prosecution disagreed.  Andrew Cayley says the appeal court should increase Duch's sentence because of the gravity of his crimes.

Cayley says the prosecution recognizes Duch is entitled to some time off as compensation for being held illegally by the Cambodian authorities for years before his trial.

"But we call for the imposition of a life term, reduced to 45 years simply to take account of that period of illegal detention," Cayley explained. "But, for the purposes of history, a life term must be imposed in this case for all of the reasons I have stated. "

Duch’s appeal is scheduled to conclude on Wednesday and represents his last chance for release.

The appeal chamber will deliver its verdict in June.

You May Like

Algerians Vote in Presidential Election

There were few media reports of protests and clashes around the country, but so far no significant violence More

Sharks More Evolved than Previously Thought

The discovery could “profoundly affect our understanding of evolutionary history” More

Pakistan Military Asked to Protect Polio Workers

Request comes as authorities say a Taliban ban on vaccinations in 2012 and deadly attacks on anti-polio teams have prevented thousands of children from getting inoculated More

This forum has been closed.
Comments
     
There are no comments in this forum. Be first and add one

Featured Videos

Your JavaScript is turned off or you have an old version of Adobe's Flash Player. Get the latest Flash player.
Google Buys Drone Companyi
|| 0:00:00
...
 
🔇
X
George Putic
April 15, 2014
In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Google Buys Drone Company

In its latest purchase of high-tech companies, Google has acquired a manufacturer of solar-powered drones that can stay in the air almost indefinitely, relaying broadband Internet connection to remote areas. It is seen as yet another step in the U.S. based Web giant’s bid to bring Internet to the whole world. VOA’s George Putic reports.
Video

Video Ray Bonneville Sings the Blues and More on New CD

Singer/songwriter Ray Bonneville has released a new CD called “Easy Gone” with music that reflects his musical and personal journey from French-speaking Canada to his current home in Austin,Texas. The eclectic artist’s fan base extends from Texas to various parts of North America and Europe. VOA’s Greg Flakus reports from Austin.
Video

Video Millions Labor in Pakistan's Informal Economy

The World Bank says that in Pakistan, roughly 70 percent work in the so-called informal sector, a part of the economy that is unregulated and untaxed. VOA's Sharon Behn reports from Islamabad on how the informal sector impact's the Pakistani economy.
Video

Video Passover Celebrates Liberation from Bondage

Jewish people around the world are celebrating Passover, a commemoration of their liberation from slavery in Egypt more than 3,300 years ago. According to scripture, God helped the Jews, led by Moses, escape bondage in Egypt and cross the Red Sea into the desert. Zlatica Hoke reports that the story of the Jewish Exodus resonates with other people trying to escape slave-like conditions.
Video

Video Police Pursue Hate Crime Charges Against Kansas Shooting Suspect

Prosecutors are sifting through the evidence in the wake of Sunday’s shootings in a suburb of Kansas City, Missouri that left three people dead. A suspect in the shootings taken into custody is a white supremacist. As VOA’s Kane Farabaugh reports, he was well-known to law enforcement agencies and human rights groups alike.
Video

Video In Eastern Ukraine, Pro-unity Activists Emerge from Shadows

Amid the pro-Russian uprisings in eastern Ukraine, there is a large body of activists who support Ukrainian unity and reject Russian intervention. Their activities have remained largely underground, but they are preparing to take on their pro-Moscow opponents, as Henry Ridgwell reports from the eastern city of Donetsk.
Video

Video Basket Maker’s Skills Have World Reach

A prestigious craft show in the U.S. capital offers one-of-a-kind creations by more than 120 artists working in a variety of media. As VOA’s Julie Taboh reports from Washington, one artist lucky enough to be selected says sharing her skills with women overseas is just as significant.
Video

Video UN Report Urges Speedier Action to Avoid Climate Disaster

A new United Nations report says the world must switch from fossil fuels to cleaner energy sources to control the effects of climate change. The Intergovernmental Panel on Climate Change released the report (Sunday) following a meeting of scientists and government representatives in Berlin. The comprehensive review follows two recent IPCC reports that detail the certainty of climate change, its impacts and in this most recent report what to do about it. VOA’s Rosanne Skirble has the details.
AppleAndroid