It is in this capacity that he is alleged to have planned, instigated, ordered, committed or aided and abetted crimes against humanity and war crimes (para. As Chairman, he had full authority over all S21 staff (para. His tasks included teaching interrogation methods to subordinates and reporting detainee’s confessions (para. The Accused was the Deputy and then Chairman of S21, a security centre tasked with interrogting and executing perceived oppoenents of the CPK (para. Their period in power was characterised by a policy of ‘smashing enemies’, which included arbitrary detention, interrogation by torture and secret execution (para. The ruling Community Party of Kampuchea (CPK) exercised effective authority over the territory and intended to create a new revolutionary state power (para. The conflict lasted until at least January 1979 (paras. The former had come into being as a result of Pol Pot and the Khmer Rouge’s entry into power following the fall of the governemnt of the Khmer Republic. In April 1975, an international armed conflict broke out between the Democratic Kampuchea (DK) and Vietnam. The Chamber quashed the 35-year sentence decided by the Trial Chamber and replaced it with life imprisonment. The Supreme Court Chamber handed down its verdict on 3 February 2012. Oral hearings were held on 28-30 March 2011. The Accused and the Co-Prosecutors, as well as 41 Civil Parties, appealed the decision of the Trial Chamber to the Supreme Court Chamber. The Trial Chamber rendered its verdict on 26 July 2010. Closing statements were heard from 23 to 27 November 2009. 90 victims were joined as Civil Parties to the proceedings grouped into four Civil Party groups. The indictment was confirmed and partially amended by the Pre-Trial Chamber on 5 December 2008. On 8 August 2008, Duch was indicted for multiple counts of crimes against humanity and war crimes, committed in his role as Deputy Secretary or Secretary of Office S21, the headquarters of the Communist Party of Kampuchea’s Special Branch of the Secret Police. The Accused was transferred from military detention and placed in the Court’s detention centre on 31 July 2007. On 18 July 2007, the Co-Prosecutors of the ECCC opened a judicial investigation into five persons, including Kaing, alias Duch. This was also the first case before an international tribunal to allow victims of the crimes to participate in proceedings as civil parties and claim reparations for the harm they have suffered. He was sentenced to 35 years’ imprisonment, minus five years as a result of his unlawful detention by the Cambodian Military Court for eight years prior to his transfer to the ECCC. In the first ever judgment of the Extraordinary Chambers in the Courts of Cambodia, the Trial Chamber convicted Duch of multiple counts of war crimes and crimes against humanity. Duch, a former mathematics teacher, was the Chairman of S21 responsible for extracting confessions and information, and teaching interrogation techniques. This policy was implemented at a number of interrogation centres, one of which was S21. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary state and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. An armed conflict broke out with Vietnam, which lasted until 1979. Kaing Guek Eav alias Duch CourtĮxtraordinary Chambers in the Courts of Cambodia, CambodiaĬrimes against humanity, enslavement, extermination, grave breaches of the Geneva Conventions, inhuman treatment, other inhumane acts, persecution, prisoner of war, rape, torture, unlawful confinement, war crimes, wilful killingĪfter the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the state the Democratic Kampuchea.
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