Duch Verdict Marks Milestone for Khmer Rouge Tribunal
NEW YORK—Today’s conviction of Kang Guek Eav (“Duch”), the former chief of a notorious Khmer Rouge prison, represents a significant step toward accountability in Cambodia and a major achievement in international justice.
“For the millions who suffered under the Khmer Rouge regime, we hope this verdict provides some measure of justice,” said James A. Goldston, executive director of the Open Society Justice Initiative. “Although the Khmer Rouge Tribunal continues to face many challenges going forward, the completion of the court’s first trial—carried out in accordance with international standards—is a tremendous accomplishment.”
Victim participation in the proceedings has been unprecedented for an international or hybrid war crimes court. Close to thirty thousand Cambodians attended a portion of the trial in person since the tribunal began operating in 2006. The Duch trial was widely televised, and millions of Cambodians watched at least part of the hearings on television.
The trial was characterized by Duch’s extensive testimony about the operations of the Toul Sleng Prison, where 12,273 persons were imprisoned, tortured, and executed between April 1975 and January 1979. Duch apologized repeatedly to the victims and their families during the proceedings. However, during the last days of the trial, Duch and his Cambodian lawyer argued that he was simply acting on the orders of others and should be acquitted.
In their decision, the three Cambodian and two international judges rejected this argument, finding Duch guilty of crimes against humanity and grave breaches of the Geneva Conventions. Duch was sentenced to 35 years imprisonment and will be expected to serve 19, with credit given for 11 years already spent in pretrial detention and a five-year sentencing reduction. In terms of reparations, 66 of the 90 victims who applied as civil parties will receive reparations, in that their names and relationship to S-21 prison will be included in the final judgment, along with the publication of Duch’s expressions of remorse and apology.
“Now that the Duch trial has concluded, the court will be under intense political and financial pressure,” said Goldston. “More prominent public figures are set to be tried, and the United Nations, donor countries, and court officials must ensure that the tribunal takes these cases on properly, with full investigations and fair trials.”
A joint trial in a second case is expected to begin in early 2011 and will likely include charges against the four persons—Nuon Chea, Ieng Sary, Khieu Samphan, and Ieng Thirith—alleged to be the most senior living leaders of the Khmer Rouge. In addition, the international prosecutor has forwarded the names of five more suspects (referred to as “Cases 003/004”) to the court’s Office of Co-Investigating Judges for judicial investigation.