Saturday, 6 December 2008

Khmer Rouge prison chief faces new charge

Monsters and Critics
Asia-Pacific News
Dec 5, 2008

Phnom Penh - Cambodia's UN-backed war crimes tribunal on Friday laid a new charge against a former leader of the genocidal Khmer Rogue regime, while also rejecting an attempt to have a controversial conspiracy charge brought against him.

Following an appeal from prosecutors to have charges broadened, Kaing Guek Eav, known by his communist name 'Duch', will now face a charge of premeditated murder on top of the crimes against humanity charges, for which he was indicted in August.

The new charge also means Duch will be tried according to Cambodian law, which could expedite the trial process.

The 66-year-old is the youngest of five former leaders facing trial for their roles in the deaths of up to two million people through execution, starvation and exhaustion during the Khmer Rouge's reign between 1975 and 1978.

Duch was in charge the infamous S21 prison in Phnom Penh, where an estimated 16,000 men, women and children were tortured and killed.

The former mathematics teacher and born-again Christian has publicly expressed remorse for his role in overseeing the school- turned-torture facility.

Duch has been in pre-trial detention since 1999 and attended Friday's pre-trial hearing. Judges did not call on him to speak.

The court rejected an appeal to bring a charge of joint criminal enterprise - a controversial legal doctrine which attempts to hold multiple people responsible for the crimes of a single group or organisation.

President of the pre-trial chamber Prak Kimsan said the appeal was rejected because the prosecution's evidence for joint criminal enterprise was 'too vague'.

Legal experts have said a joint criminal enterprise charge could broaden the tribunal's scope and lead to the arrest and indictment of more former Khmer Rogue members. Duch's trial is due to begin in January.

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