KAING Guek Eav

KAING Guek Eav

Biography

In 1965 Duch became a mathematics teacher, and was allegedly drawn towardcommunism. He was arrested in 1968 by Sihanouk’s police, and then set freewhen Sihanouk was overthrown in 1970. From July 1971 until January 1975, Duch was allegedly the Chairman of Office 13 or M13 (another Communist Party security office north of Phnom Penh). He allegedly remained with the Khmer Rouge until he returned to teaching in the early 1990s. After the death of his wife in a burglary in 1995, he converted to Christianity and moved to the sub-district Samlaut where he lived until being discovered by a journalist in 1999. He was then arrested by the Cambodian military authorities.

Alias Duch
Date of Birth 17 November 1942
Place of Birth Poevveuy village, Kampong Thom province
Arrested Date 31 July 2007
Defence counsel Kar Savuth (Cambodia) and Kang Ritheary (Cambodia)
Position in Democratic Kampuchea Deputy then Chairman of S-21 (the security centre widely known as Tuol Sleng)
Status of case The Supreme Court Chamber sentenced Kaing Guek Eav to life imprisonment on 3 February 2012. The decision is final and cannot be appealed. The Supreme Court Chamber quashed the previous sentence of 35 years imprisonment imposed by the Trial Chamber on 26 July 2010, and by majority the Chamber also quashed the Trial Chambers decision to reduce his sentence with 5 years as a remedy for his illegal detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007.

After an Initial Hearing on 17 and 18 February 2009, the substantive part of the trial commenced on 30 March 2009. Duch’s trial concluded 27 November 2009. During the 77 days of trial, 9 expert witnesses, 17 fact witnesses, 7 character witnesses and 22 Civil Parties were heard before the Trial Chamber. More than 31,000 people followed the proceedings at the court building. On 26 July 2010, the Trial Chamber convicted Kaing Guek Eav and sentenced him to 35 years imprisonment. His sentence was reduced by five years as a remedy for his illegal detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007. He also received credit for time already spent in detention under the authority of both the Cambodian Military Court and the ECCC.

The Accused and the Co-Prosecutors appealed the Trial Chamber judgment to the Supreme Court Chamber. A number of Civil Parties and Applicants also filed appeals against the Trial Chamber’s decision on reparations and admissibility of Civil Party Applicants. The Supreme Court Chamber held oral hearings in the appeals against the Trial Chamber's judgment in Case 001 in the last week of March 2011. A summary of the judgment on appeal was pronounced by the Supreme Court Chamber on 3 February 2012.
Key allegations
Following the decision of the Supreme Court Chamber 3 February 2012, which partially confirmed and amended the Trial Chamber Judgement as well as overturning the decision on sentencing, Kaing Guek Eav has been found guilty pursuant to Articles 5, 6 and 29 (new) of the ECCC Law of the following crimes committed in Phnom Penh and within the territory of Cambodia between 17 April 1975 and 6 January 1979:
  • Crimes against humanity                                                                                                  
           - persecution on political grounds,
           - extermination (encompassing murder),
           - enslavement,
           - imprisonment,
           - torture and
           - other inhumane acts
          
  • Grave breaches of the Geneva Conventions of 1949,                                                                                                                                              
           - wilful killing,      
           - torture and inhumane treatment, 
           - wilfully causing great suffering or serious injury to body or health, 
           - wilfully depriving a prisoner of war or civilian of the rights of fair and regular trial, and
           - unlawful confinement of a civilian


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