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

  • Serious flooding across country

    The Kampong Speu provincial Committee for Disaster Management on Wednesday issued an alert after non-stop heavy rain caused widespread flooding. In Koh Kong province, authorities are working with the disaster committee and the Cambodian Red Cross to assist those affected after more than 350 homes were

  • CNRP points to King in call for vote boycott

    Leaders of the former Cambodia National Rescue Party (CNRP) have taken a new tack in their call for a boycott of the national elections later this month. They are now claiming that the people should follow the King, who is expected to abide by tradition

  • Actress’s NGO takes heat for promoting the ruling party

    An actress’s NGO which participated in an election campaign event contrary to the Law on Association and Non-Governmental Organisations (Lango) has been slammed. Chorn Chanleakena, a celebrity and the president of the Association of Artists Volunteering to Help Society, allegedly led its members in

  • Troop moves ‘won’t worry people’

    Senior officials at the Ministry of Defence and National Police said on Tuesday that riot training provided to the country’s police forces were aimed at preventing unexpected demonstrations and strikes before and after the July 29 national elections. The troop mobilisation, they said, would not