Judges clear way for Duch trial

final list of charges that will be brought against former Tuol Sleng torture chief "Comrade Duch." While they rejected a prosecution request to charge Duch with participation in a "Joint Criminal Enterprise," the judges did add charges of "torture" and "premeditated murder" from the 1956 Cambodian Penal Code to the indictment. " />

Judges clear way for Duch trial

Judges at the Khmer Rouge Tribunal announced today the final list of charges that will be brought against former Tuol Sleng torture chief "Comrade Duch." While they rejected a prosecution request to charge Duch with participation in a "Joint Criminal Enterprise," the judges did add charges of "torture" and "premeditated murder" from the 1956 Cambodian Penal Code to the indictment.

Duch's trial is expected to begin in early 2009. Although JCE is a highly controversial and complicated mode of liability -- the inclusion of which would have probably delayed the trial's start date even further -- I am not sure what effect the new charges will have on the time line for proceedings.

Co-Investigating Judges submitted their indictment against Duch in August, charging him with war crimes and crimes against humanity. Co-Prosecutors subsequently appealed the indictment because they wanted Duch also held accountable under the theory of JCE and the Cambodian Penal Code of 1956.

They said the indictment failed to portray a "full and truthful account" of Duch's crimes.

I am waiting for a complete version of the decision and will post more about this issue when I receive it.è½

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