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February 4, 2012

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Khmer Rouge jailer's prison term extended

THE Khmer Rouge's chief jailer could spend the rest of his life in prison after a UN-backed tribunal's Supreme Court lengthened his original 19-year sentence to life imprisonment because of his "shocking and heinous" crimes against the Cambodian people.

Kaing Guek Eav, known as Duch, was commander of Phnom Penh's top-secret Tuol Sleng prison, code-named S-21. He admitted to overseeing the torture of his prisoners before sending them for execution at the "killing fields."

In July 2010, the tribunal's lower court convicted Duch of war crimes, crimes against humanity, torture and murder.

He was sentenced to 35 years in prison but had 16 years shaved off for time served and other technicalities. The sentence was appealed both by prosecutors, who called for life imprisonment, and by Duch, who argued it was too harsh because he was merely following orders.

Judge Kong Srim, president of the Supreme Court Chamber in Phnom Penh, said yesterday that the upper court felt the penalty should be more severe because Duch was responsible for the brutal deaths of so many.

"The crimes of Kaing Guek Eav were of a particularly shocking and heinous character based on the number of people who were proven to have been killed," the judge said. The tribunal says Duch oversaw the deaths of at least 12,272 victims but estimates have placed the number as high as 16,000.

The court said the high number of deaths and the extended period of time over which they occurred, from 1975 to 1979, "undoubtedly place this case among the gravest before international criminal tribunals."

Duch, 69, stood calmly without emotion as the sentence was read. He then pressed his palms together and drew them to his chest in a show of respect to the judge, before being led away by court guards. The ruling is final with no other chance for appeal.

Andrew Cayley, the British co-prosecutor, said Duch can request a pardon after 20 years served. In this case, that will be in about seven years.

The tribunal is seeking justice for an estimated 1.7 million people who died from torture, starvation, exhaustion or lack of medical care during the Khmer Rouge's rule in the 1970s.

Three senior Khmer Rouge figures are currently on trial. Unlike Duch, who admitted his role and asked for forgiveness, the others claim no wrongdoing.

They are 85-year-old Nuon Chea, the Khmer Rouge's chief ideologist and No. 2 leader; 80-year-old Khieu Samphan, an ex-head of state; and 86-year-old Ieng Sary, the former foreign minister. They are accused of crimes against humanity, genocide, religious persecution, homicide and torture.



 

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