Logo of Phnom Penh Post newspaper Phnom Penh Post - Duch appeals Case 001 verdict

Duch appeals Case 001 verdict

Duch appeals Case 001 verdict

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."

Per the agreement between Cambodia and the UN, the court's mandate is to prosecute "senior leaders of Democratic Kampuchea and those who were most responsible" for crimes committed under regime. 

The defence is also appealing the 30-year prison term handed down against Duch. Prosecutors announced earlier this month that they too were appealing the sentence, calling it "arbitrary and manifestly inadequate" in view of the gravity of Duch's crimes. 

Also today, lawyers for civil parties group 2 filed notice of their appeal against the rejection of six of their clients. For background on the civil party appeals issue, click here and here.

 


Duch prepares to deliver his closing statement at the ECCC in November (AFP/ECCC Pool).

MOST VIEWED

  • Gov’t not using EU aid for poor

    Prime Minister Hun Sen on Tuesday refuted as “baseless”, claims that the government had used financial aid from the EU to implement the programme to identify and support poor and vulnerable people during the Covid-19 pandemic. The prime minister was responding to Roth Sothy, a

  • Thai fence said to prevent illegal crossing

    Battambang and Banteay Meanchey provincial police say Thailand is not invading Cambodia after a series of social media posts about fences being built on the border raised alarms. Banteay Meanchey police chief Ath Khem said on Tuesday the information on social media on Sunday and

  • PM to vet NY holiday dates

    The Ministry of Economy and Finance submitted a letter to Prime Minister Hun Sen asking him to formally set a five-day national holiday from August 17-21 to make up for the Khmer New Year holiday in April that was postponed. Finance minister Aun Pornmoniroth sent

  • Cambodia rejects UN rights claim

    Cambodia's Permanent Mission to the UN Office in Geneva on Friday hit back at David Kaye, the UN special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression after he raised concerns over the repression of free speech and

  • Snaring may spawn diseases

    The World Wildlife Fund (WWF) has warned that snaring of animals has become a crisis that poses a serious risk to wildlife in Southeast Asia and could spawn the transmission of zoonotic diseases to humans. Its July 9 report entitled Silence of the Snares: Southeast Asia’

  • Ex-party leader, gov’t critic named as secretary of state

    A former political party leader known for being critical of the government has been appointed secretary of state at the Ministry of Rural Development, a royal decree dated July 9 said. Sourn Serey Ratha, the former president of the Khmer Power Party (KPP), told The Post

  • Residence cards set for over 80,000 immigrants

    The Ministry of Interior plans to grant residence cards to more than 80,000 immigrants to better keep track of them. The ministry announced the plan on July 10, following the results of an immigration census. “An inter-ministerial committee and many operational working groups have been set up

  • Kingdom produces PPE gear

    Medical supplies from Cambodia have been donated to member countries of the Asian Development Bank (ADB) to assist in the fight against Covid-19, said an ADB report published on July 9. The report stated that the supplies were donated as a response to global efforts to

  • Kingdom, US vow stronger ties

    At an academic forum on Saturday to celebrate 70 years of Cambodia-US diplomatic ties, Cambodian researchers and officials expressed hope of encouraging US investments and for that country to deepen and improve its bilateral relations. Held at the Royal Academy of Cambodia, it reviewed the past 70

  • ‘Single Portal’ integrated registration system welcomes nearly 50 firms

    Forty-seven companies have successfully registered via a newly-launched information technology e-business registration platform as of the end of the second week of this month, Ministry of Economy and Finance secretary of state Phan Phalla said. Six ministries and state-run institutions have been integrated into a