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
    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

    Turkey, US Splits Deepen Over Support for Kurdish Militants

    Ankara summons American ambassador to protest remarks by State Department spokesman who said Washington does not consider Syria's Kurdish Democracy Union Party (PYD) a terrorist organization

    Obama Seeking $19 Billion for National Cybersecurity

    Move, touted as attempt to build broad, cohesive federal response to cyberthreats, calls for increase in cybersecurity spending across all government agencies

    Video Foreign Policy Weighs Heavy for Some US Voters

    VOA talks to protesters in Manchester, New Hampshire, who sound off on foreign policy issues such as the Guantanamo Bay prison, the Israeli-Palestinian conflict and the wars in Iraq, Syria and Yemen

    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.
    Valentine's Day Stinks for Lebanese Clownsi
    X
    February 09, 2016 8:04 PM
    This weekend, on Valentine's Day in Lebanon, love is not the only thing in the air. More than half a year after the country's trash crisis began, the stink of uncollected garbage remains on the streets. Step forward "Clown Me In," a group of clowns who use their skills for activism. Before the most romantic day of the year the clowns have released their unusual take on love in Lebanon -- in a bid to keep the pressure up and get the trash off the streets. John Owens reports from Beirut.
    Video

    Video Valentine's Day Stinks for Lebanese Clowns

    This weekend, on Valentine's Day in Lebanon, love is not the only thing in the air. More than half a year after the country's trash crisis began, the stink of uncollected garbage remains on the streets. Step forward "Clown Me In," a group of clowns who use their skills for activism. Before the most romantic day of the year the clowns have released their unusual take on love in Lebanon -- in a bid to keep the pressure up and get the trash off the streets. John Owens reports from Beirut.
    Video

    Video Rocky Year Ahead for Nigeria Amid Oil Price Crash

    The global fall in the price of oil has rattled the economies of many petroleum exporters, and Africa’s oil king Nigeria is no exception. As Chris Stein reports from Lagos, analysts are predicting a rough year ahead for the continent’s top producer of crude.
    Video

    Video Foreign Policy Weighs Heavy for Some US Voters

    VOA talks to protesters in Manchester, New Hampshire who sound off on foreign policy issues such as the Guantanamo Bay Prison, the Israeli-Palestinian conflict, Middle East Affairs and national security.
    Video

    Video 'No Means No' Program Targets Sexual Violence in Kenya

    The organizers of an initiative to reduce and stop rape in the informal settlements around Kenya's capital say their program is having marked success. Girls are taking self-defense classes while the boys are learning how to protect the girls and respect them. Lenny Ruvaga reports from Nairobi.
    Video

    Video New Hampshire Voters Are Independent, Mindful of History

    Once every four years, the northeastern state of New Hampshire becomes the center of the U.S. political universe with its first-in-the-nation presidential primary. What's unusual about New Hampshire is how seriously the voters take their role and the responsibility of being among the first to weigh in on the candidates.
    Video

    Video Chocolate Lovers Get a Sweet History Lesson

    Observed in many countries around the world, Valentine’s Day is sometimes celebrated with chocolate festivals. But at a festival near Washington, the visitors experience a bit more than a sugar rush. They go on a sweet journey through history. VOA’s June Soh takes us to the festival.
    Video

    Video 'Smart' Bandages Could Heal Wounds More Quickly

    Simple bandages are usually seen as the first line of attack in healing small to moderate wounds and burns. But scientists say new synthetic materials with embedded microsensors could turn bandages into a much more valuable tool for emergency physicians. VOA’s George Putic reports.
    Video

    Video Bhutanese Refugees in New Hampshire Closely Watching Primary Election

    They fled their country and lived in refugee camps in neighboring Nepal for decades before being resettled in the northeastern U.S. state of New Hampshire -- now the focus of the U.S. presidential contest. VOA correspondent Aru Pande spoke with members of the Bhutanese community, including new American citizens, about the campaign and the strong anti-immigrant rhetoric of some of the candidates.
    Video

    Video Researchers Use 3-D Printer to Produce Transplantable Body Parts

    Human organ transplants have become fairly common around the world in the past few decades. Researchers at various universities are coordinating their efforts to find solutions -- including teams at the University of Pennsylvania and Rice University in Houston that are experimenting with a 3-D printer -- to make blood vessels and other structures for implant. As VOA’s Greg Flakus reports from Houston, they are also using these artificial body parts to seek ways of defeating cancerous tumors.
    Video

    Video Helping the Blind 'See' Great Art

    There are 285 million blind and visually impaired people in the world who are unable to enjoy visual art at a museum. One New York photographer is trying to fix this situation by making tangible copies of the world’s masterpieces. VOA correspondent Victoria Kupchinetsky was there as visually impaired people got a feel for great art. Joy Wagner narrates her report.
    Video

    Video German Artists to Memorialize Refugees With Life Jacket Exhibit

    Sold in every kind of shop in some Turkish port towns, life jackets have become a symbol of the refugee crisis that brought a million people to Europe in 2015.  On the shores of Lesbos, Greece, German artists collect discarded life jackets as they prepare an art installation they plan to display in Germany.  For VOA, Hamada Elrasam has this report from Lesbos, Greece.
    Video

    Video E-readers Help Ease Africa's Book Shortage

    Millions of people in Africa can't read, and there's a chronic shortage of books. A non-profit organization called Worldreader is trying to help change all that one e-reader at a time. VOA’s Deborah Block tells us about a girls' school in Nairobi, Kenya where Worldreader is making a difference.
    Video

    Video Genius Lets World Share Its Knowledge

    Inspired by crowdsourcing companies like Wikipedia, Genius allows anyone to edit anything on the web, using its web annotation tool
    Video

    Video In Philippines, Mixed Feelings About Greater US Military Presence

    In the Philippines, some who will be directly affected by a recent Supreme Court decision clearing the way for more United States troop visits are having mixed reactions.  The increased rotations come at a time when the Philippines is trying to build up its military in the face of growing maritime assertiveness from China.  From Bahile, Palawan on the coast of the South China Sea, Simone Orendain has this story.