Long Heng: Duch, former head of S-21 prison convicted of crimes against humanity

Duch, former head of S-21 prison convicted of crimes against humanity


The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) July 26 found Duch, original name of Kaing Guek Eav, former head of 21- prison in Pol Pot regime guilty of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and sentenced him to 35 years of imprisonment. But his jail term reduced to 19 years.
Kaing Guek Eav, the first person to stand trial before the ECCC, served as Deputy and then Chairman of S-21, a security centre tasked with interrogating and executing persons perceived as enemies of Democratic Kampuchea by the Communist Party of Kampuchea. S-21 was operational between 1975 and 1979. Ka Savuth, co-lawyer for Duch said that he will file the appeal complaint. In court hearing, Ka Savuth asked the court to release his client because in Cambodia at that time it had hundreds of prison. But the court sentenced one person, (Duch), Ka Savuth said previously.
On July 27, Deputy Prime Minister and Minister of foreign affair and international cooperation H.E. Hor Nam Hong told reporters at the Phnom Penh International Airport that Duch’s verdict is “unfair and not appropriate” and he said personally, it is not government stance” because the regime killed millions of people at that time.
“I want the court to sentence Duch for a life imprisonment,” Bou Meng, a survivor of S-21 prison told SEAW by phone interview. “It is injustice for me because I was tortured cruelly and nearly to death,” he said. The reaction from survivors and victims of Khmer Rouge regime expressed different feelings about verdicts for them but the verdict of the court is law and judgment from the court.
The verdict from ECCC said the Chamber found that every individual detained within S-21 was destined for execution in accordance with the Communist Party of Kampuchea policy to “smash” all enemies. In addition to mass executions, many detainees died as a result of torture and their conditions of detention. Although finding a minimum of 12,272 individuals to have been detained and executed at S-21 on the basis of prisoner lists, the Chamber indicated that the actual number of detainees is likely to have been considerably greater.

It continued that KAING Guek Eav was convicted of crimes against humanity (persecution on political grounds) (incorporating various other crimes against humanity, including extermination, imprisonment and torture), as well as numerous grave breaches of the Geneva Conventions of 1949, for which, by a majority, the Chamber imposed a single, consolidated sentence of 35 (thirty-five) years of imprisonment.
In deciding on an appropriate sentence, the Chamber noted a number of aggravating features, in particular the gravity of the offences, which were perpetrated against at least 12,272 victims over a prolonged period. The Chamber decided that there are significant mitigating factors that mandated the imposition of a finite term of imprisonment rather than one of life imprisonment,” Nil Non, Judge of ECCC read the verdict, noting these factors include cooperation with the Chamber, admission of responsibility, limited expressions of remorse, the coercive environment in Democratic Kampuchea, and the potential for rehabilitation.

Following an earlier decision of the Chamber of 15 June 2009, the Chamber considered that a reduction in the above sentence of 5 (five) years was appropriate given the violation of KAING Guek Eav’s rights occasioned by his illegal detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007.

KAING Guek Eav is further entitled to credit for time already spent in detention, under the authority both of the Cambodian Military Court and the ECCC. The substantive part of the trial against KAING Guek Eav commenced on 30 March 2009, closing arguments ended on 27 November 2009 after a total of 72 trial days, during which 24 witnesses, 22 Civil Parties and nine experts were heard. More than 28,000 people followed the proceedings from the public gallery.
On July 26, French embassy issued this decision ends the long wait by families of the victims. France, which has always stood by the Cambodian people, has relentlessly supported those who refused to see Khmer Rouge crimes go unpunished and is pleased that justice was served. France welcomes the efforts of the Tribunal and its Cambodian and international staff. France supported the Tribunal both when it was established and in the course of its work, notably by allocating 4 million euros in aid between 2005 and 2010.
“France will also continue to support the plaintiffs and their attorneys, as it has done in the past.
France is aware of the importance of this process for the Cambodian people and for international justice. No crime should go un-punished,” the statement said.

On July 26, The Co-Chairs of the Friends of the Court make this statement on behalf of the donors to the Extraordinary Chambers in the Courts of Cambodia (ECCC). “The donors welcome the completion of the trial in the Trial Chamber for case 001, Monday 26th of July, against Kaing Guek Eav, known as Duch, former director of the detention center S21 in Phnom Penh for crimes against humanity, grave breaches of the Geneva Conventions, homicide and torture, the signed letter by French ambassador Jean-François DESMAZIÈRES and Japanese Masafumi KUROKI.
“The donors recognize the commitment of the national and international judges as well as all those working for the ECCC and their independent and comprehensive work, in order to uphold high standards of law and due process, they said in the letter. It added that more than 30 years after the atrocities committed under the Khmer Rouge regime, this judgment gives hope that the ECCC will ultimately fulfill its promise as a vehicle for justice and national reconciliation for all Cambodians.
“The donors reaffirm their confidence in and support for the ECCC in delivering justice to the Cambodian people and in helping Cambodia strengthen further its efforts for the rule of law,” the letter said. ##