UN court rejects former Khmer Rouge jailer's appeal for acquittal

Dallas Sun Friday 3rd February, 2012

BANGKOK - Cambodia's UN-backed war crimes tribunal has rejected an appeal by a Khmer Rouge jailer Kaing Guek Eav alias Duch, and increased his sentence to life imprisonment for crimes against humanity, torture and the premeditated murder of more than 15,000 people.

Duch, the first senior Khmer Rouge official to be charged by the court, was convicted in July 2010 for his role in running the infamous Tuol Sleng Prison in Phnom Penh under the Khmer Rouge's 1975-1979 rule.

The 69-year-old former commander appealed his sentence of 19 years in March last year, saying he was a low-ranking official who merely followed orders while fearing for his life.

The prosecution, meanwhile, had appealed for a longer sentence with surviving Tuol Sleng inmates expressing anger over his initial 35-year term being reduced to 19 years. The prosecutors noted that Duch had "frequently acknowledged his responsibility for crimes committed" at the prison.

The judges hearing the appeals ruled that the original prison term did not "reflect the gravity of the crimes".

"The crimes by Kaing Guek Eav were undoubtedly among the worst in recorded human history. They deserve the highest penalty available," said Kong Srim, president of the court's highest appeal body.

The milestone final judgment was broadcast live on television.

"This is hopefully the beginning to an end for the Cambodian people in dealing with this dark past," said court spokesman Lars Olsen.

At least 15,000 inmates were tortured and executed in the country's "killing fields" outside the capital.

Wearing a white shirt and a beige jacket, the former maths teacher sat impassively in the dock as the verdict was read out.

Survivors of the regime's reign of terror hailed the decision. Hundreds of Cambodians, including orange-robed monks, packed the Phnom Penh courtroom to see the verdict.

"I can't forget the scars, the broken teeth, the torture," said Bou Meng, 71, one of just a handful of people to walk out of the S-21 detention centre alive. "But this is perfect justice for me. I am 100 per cent satisfied with the sentence."

S-21, also known as Tuol Sleng, was the centre of the Khmer Rouge security apparatus. Thousands of inmates were taken from there for execution in a nearby orchard that served as a "Killing Field".

Duch, who for years after concealed his identity before he was discovered working in the jungle as a Christian aid worker in 1999, was the first former cadre to face the international tribunal.

Cambodian Deputy Prime Minister Sok An said the sentencing marked "a historic day" for the country.

"Today the people of Cambodia and all the world remember those who died, and hope that this trial and the delivery of the final judgement bring some relief for your pain and suffering," he told the S-21 survivors and relatives of victims at the court.

Led by Pol Pot, who passed away in 1998, the Khmer Rouge was responsible for one of the worst horrors of the 20th century, wiping out up to two million people through starvation, overwork and execution.

The original verdict had outraged victims because it meant Duch could have walked free in under 18 years given time already served.

Before being taken back to his detention facility, Duch briefly pressed his hands together in a traditional greeting to the judges.

During his nine-month trial the former prison commandant repeatedly apologised for his role at S-21, but later surprised the court by asking to be acquitted.

"We got more than we asked for," international co-prosecutor Andrew Cayley told reporters Friday, expressing "great satisfaction" with the outcome.

A second trial involving the regime's three most senior surviving leaders opened late last year, but there are fears that not all of the defendants, who are in their eighties, will live to see a verdict.