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

Video On the Scene: In Gaza, Darkness Brings Dread and Death

Palestinians fear nighttime raids, many feel abandoned by outside world, VOA's Scott Bobb reports More

African Small Farmers Could Be Key to Ending Food Insecurity

Experts say providing access to microloans, crop insurance, better storage facilities, irrigation, road systems and market information could enable greater production More

University of Michigan Wins Solar Car Race

Squad guided its student-designed solar-powered vehicle to fifth consecutive time victory in eight-day bi-annual American Solar Challenge 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.
Vietnamese Staging Chinese Product Boycott After Oil Rig Spati
X
Reasey Poch
July 28, 2014 7:18 PM
China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video Vietnamese Staging Chinese Product Boycott After Oil Rig Spat

China recently pulled an oil rig from an area of the disputed South China Sea that Vietnam also claims. Despite the action, the incident has had a lingering effect on consumers in Vietnam. VOA's Reasey Poch reports from Hanoi on an effort to boycott Chinese products.
Video

Video ESA Spacecraft to Land on a Comet

After a long flight through deep space, a European Space Agency probe is finally approaching its target -- a comet millions of kilometers away from earth. Scientists say the mission may lead to some startling discoveries about the origins of the water on earth. VOA’s George Putic has more.
Video

Video Young Africans Arrive in US for Leadership Program

President Barack Obama's Young African Leadership Initiative has brought hundreds of young Africans to the United States for a six-week program aimed at building their knowledge and skills in fields such as public administration and business. Out of the 50,000 young Africans who applied for the program, just one percent was accepted. VOA's Laurel Bowman caught up with some of those who made the cut and has this report.
Video

Video In Honduras, Amnesty Rumors Fuel US Migration Surges

False rumors in Central America are fueling the current surge of undocumented young people being apprehended at the U.S. border. The inaccurate claims suggest the U.S. will give amnesty to young migrants from the region. As VOA's Brian Padden reports from Honduras, these rumors trace back to President Obama's 2012 executive order to halt deportations for some young undocumented immigrants already living in the United States.
Video

Video Students in Business for Themselves

They're only high school students, but they are making accessories for shoes, fabricating backpacks and doing product photography - all through their own businesses. It's the result of a partnership between a non-profit organization that teaches entrepreneurship and their schools. VOA's Mike O'Sullivan and Deyane Moses met the budding entrepreneurs near Los Angeles.
Video

Video Astronauts Train in Underwater Lab

In the world’s only underwater laboratory, four U.S. astronauts train for a planned visit to an asteroid. The lab - called Aquarius- is located five kilometers off Key Largo, in southern Florida. Living in close quarters and making excursions only into the surrounding ocean, they try to simulate the daily routine of a crew that will someday travel to collect samples of a rock orbiting far away from earth. VOA’s George Putic has more.

AppleAndroid