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Trial for Khmer Rouge prison chief concludes
Associated Press - November 23, 2009
Sopheng Cheang, Phnom Penh – Former Khmer Rouge prison chief Kaing Guek Eav pursued his role with zeal and had no empathy for his victims despite his expressions of remorse over atrocities committed at the infamous facility that he commanded, a lawyer said in closing arguments at his genocide trial Monday.
Kaing Guek Eav, known as Duch (pronounced DOIK), is the first high-ranking member of Cambodia's ousted regime to be tried for war crimes at a UN-backed tribunal. Closing arguments will conclude Friday, and tribunal judges are expected to issue a ruling and sentence early next year.
"Look at them, Duch. Look at these men and women who you wanted to smash, and whose parents and loved ones and children you smashed," said Philippe Canonne, one of the lawyers for Khmer Rouge victims. "You can smash insects and animals but you can't smash human beings, because one day they will come back, one way or another, or their successors to demand a reckoning."
As he watched the proceedings Monday, Duch showed no emotion. He is expected to take the stand as early as Wednesday, a day after the prosecution opens its case.
The tribunal is seeking justice for an estimated 1.7 million people who died from execution, overwork, disease and malnutrition as a result of the ultra-communist group's policies while in power from 1975-79.
Duch commanded S-21 prison in Phnom Penh, where up to 16,000 people were tortured and then taken away to be killed. He is charged with crimes against humanity, war crimes, murder and torture. He faces a maximum penalty of life imprisonment. Cambodia has no death penalty.
Despite his admissions of guilt and expressions of remorse, lawyer Karim Khan said much of what has come across at the trial is a man trying to downplay his part in the "awful reality" of the S-21 prison.
"The accused has sought to evade or minimize his role and the reality, the awful reality, that was S-21 and the regime that operated there and the fate and the suffering that befell so many civil parties," Khan said.
Another lawyer for victims, Kong Pisey, dismissed earlier assertions by Duch that he acted out of fear of being persecuted by his superiors. Instead, he portrayed Duch as someone who put everything he had into his job and had no empathy for his victims.
"He was not only proud of his job and convinced of the party line to identify and eradicate the enemy without any sense of guilt," Kong Pisey said. "But moreover, he enjoyed the power as a power-hungry man who performed more than 100 percent without any empathy for his victims."
Duch is the only accused Khmer Rouge leader to acknowledge responsibility for his actions. Four other senior Khmer Rouge leaders are in custody awaiting trial.
"He has said from the start 'I want to explain in front of the judges, in front of public opinion.' This will be the last moment when he can explain," Francois Roux, Duch's lawyer, said Sunday. "So he's worried about what he's going to say and how he's going to say it."
Roux described his client as "nervous and anxious" about taking the stand for one last time and refused to detail what Duch would say. But he said that his client was hopeful the judges would take into consideration the fact he has admitted his guilt and apologized to his victims.
In earlier testimony, Duch accepted responsibility for his role in overseeing the prison and asked for forgiveness from victims' families. He also told the court that he was ready to accept heavy punishment for his actions.
He has denied personally killing or torturing the S-21 prisoners, and said he felt compelled by fear for his own life to follow the orders of senior Khmer Rouge leaders.
"At this moment it's very important to give credit to Duch for his guilty plea. Duch has recognized his responsibility," Roux said. "He has asked forgiveness from his victims."
The tribunal, which opened March 30, has featured testimony from nine expert witnesses, 17 witnesses on facts and seven character witnesses and 22 "civil parties" representing victims.
Several of the remaining S-21 survivors attended the trial. Chhum Mey, 78, said he had been waiting for justice for a long time and was attending the trial to see whether it would be carried out.
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