The Phnom Penh Post

Duch at the tribunal last year with defense lawyers Francois Roux (left) and Kar Savuth (ECCC).

The New York Review of Books had a blog post last week on the ECCC by Stéphanie Giry, editor-at-large of Foreign Affairs. Giry writes about Case 001 and the extent to which Duch was able to exert his influence over the proceedings:

Duch's lawyers filed notice today that they will appeal the tribunal's verdict in Case 001, arguing that their client "does not fit into the category of persons under the jurisdiction of the ECCC". The appeal notice accuses the court of practicing "victors' justice" and failing "to demonstrate why it was convinced beyond a reasonable doubt that the Prosecution evidence on which it relied proved that the Accused fell under its personal jurisdiction". 

This language echoes the arguments made during closing arguments in November by defence attorney Kar Savuth, who said Duch could not be considered a senior leader when S-21 was just one among dozens of similar prisons in Democratic Kampuchea.

"Duch has been detained for 10 years," Kar Savuth said at the time. "Other chiefs of prisons have not been detained, so I think it is an appropriate time that the chamber release my client and allow him to go home."

Israeli newspaper Haaretz reports that Nick Kaufman, a former prosecutor at the International Criminal Court, has been appointed as a consultant for Duch's defence team following last month's verdict. Kaufman says he's been impressed by Duch's expressions of remorse and is ready to move forward with the appeal process.

"I believe in the sincerity of his regret, after meeting him last week, and I feel that the legal errors in the sentence reassure me that representing him in the appeal is the right thing to do," Kaufman said.

Kaufman said there was substance to the defense's claim that Duch had been just a cog in the Khmer Rouge's killing machine, following the orders of his superiors.