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Kaing Guek Eav convicted of crimes against humanity and grave breaches of the Geneva Conventions of 1949

2010/07/26

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) today found KAING Guek Eav alias Duch guilty of crimes against humanity and grave breaches of the Geneva Conventions of 1949 and sentenced him to 35 (thirty-five) years of imprisonment.

KAING Guek Eav, the first person to stand trial before the ECCC, served as Deputy and then Chairman of S-21, a security centre tasked with interrogating and executing persons perceived as enemies of Democratic Kampuchea by the Communist Party of Kampuchea. S-21 was operational between 1975 and 1979. The Chamber found that every individual detained within S-21 was destined for execution in accordance with the Communist Party of Kampuchea policy to “smash” all enemies. In addition to mass executions, many detainees died as a result of torture and their conditions of detention. Although finding a minimum of 12,272 individuals to have been detained and executed at S-21 on the basis of prisoner lists, the Chamber indicated that the actual number of detainees is likely to have been considerably greater.

The Trial Chamber found that KAING Guek Eav acted with various individuals, and through his subordinates, to operate S-21 and S-24: an adjunct facility used as a re-education camp, and where a minimum of a further 1,300 individuals were detained. It further found that KAING Guek Eav possessed and exercised significant authority at S-21 and that his conduct in carrying out his functions showed a high degree of efficiency and zeal. He worked tirelessly to ensure that S-21 ran as efficiently as possible and did so out of unquestioning loyalty to his superiors. The Chamber found that KAING Guek Eav therefore not only implemented but actively contributed to the development of Communist Party of Kampuchea policies at S-21.

KAING Guek Eav had also been charged with national crimes of premeditated murder and torture, punishable before the ECCC under Article 3 (new) of the ECCC Law. The Chamber, in a separate decision also issued today, disagreed on whether responsibility for these crimes had already been extinguished before the ECCC investigation of the Accused commenced. The absence of a required majority prevented the Chamber exercising its jurisdiction in relation to these national crimes. This decision had no impact on sentence.

KAING Guek Eav was convicted of crimes against humanity (persecution on politicalgrounds) (incorporating various other crimes against humanity, including extermination,imprisonment and torture), as well as numerous grave breaches of the Geneva Conventions of 1949, for which, by a majority, the Chamber imposed a single, consolidated sentence of 35 (thirty-five) years of imprisonment. In deciding on an appropriate sentence, the Chamber noted a number of aggravating features, in particular the gravity of the offences, which were perpetrated against at least 12,272 victims over a prolonged period.

The Chamber decided that there are significant mitigating factors that mandated the imposition of a finite term of imprisonment rather than one of life imprisonment. These factors include cooperation with the Chamber, admission of responsibility, limited expressions of remorse, the coercive environment in Democratic Kampuchea, and the potential for rehabilitation.

Following an earlier decision of the Chamber of 15 June 2009, the Chamber considered that a reduction in the above sentence of 5 (five) years was appropriate given the violation of KAING Guek Eav’s rights occasioned by his illegal detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007. KAING Guek Eav is further entitled to credit for time already spent in detention, under the authority both of the Cambodian Military Court and the ECCC.

In its judgement, the Trial Chamber declared 66 Civil Parties either to have established their claim to be immediate victims of S-21 or S-24, or to have proved the existence of immediate victims of S-21 or S-24 and close kinship or particular bonds of affection or dependency in relation to them. They have further shown that the death of these victims caused demonstrable injury and that this harm was a direct consequence of KAING Guek Eav’s offending. The Chamber granted the request of these Civil Parties that their names be included in the judgement. The Chamber rejected all Civil Party claims on the grounds of lack of specificity, for as being beyond the scope of available reparations before the ECCC. However, it ordered the compilation and publication of all statements of apology made by the Accused during the trial.

The substantive part of the trial against KAING Guek Eav commenced on 30 March 2009. Closing arguments ended on 27 November 2009 after a total of 72 trial days, during which 24 witnesses, 22 Civil Parties and nine experts were heard. More than 28,000 people followed the proceedings from the public gallery.

Judgement in Case 001

Separate and dissenting opinion of Judge Jean-Marc Lavergne on sentence

Information about the pronouncement of the verdict in the "Duch"-trial on Monday 26 July

2010/07/24

The hearing for the pronouncment of the verdict in the "Duch"-trial will start at 10am (Phnom Penh time) on Monday 26 July 2010.

The complete verdict will be posted on this website on Monday afternoon. The verdict will also be available for download from http://unakrt-online.org/001verdict.htm

Due to bandwidth limitations in Cambodia, we recommend oversea visitors to this web site to download the verdict from the UNAKRT web server above.

A live web stream (English language) from the verdict hearing can be accessed at

mms://85.159.203.30/krt

ECCC sponsors radio counseling show for Khmer Rouge survivors

2010/07/22

Media information related to the pronouncement of the verdict in the "Duch"-trial

2010/07/22

On this page we have have assembled practical information as well as background information for media representatives coming to cover the pronouncement of the verdict in the "Duch"-trial on 26 July 2010.

Press kit
Press kit with background information and facts about the trial of Kaing Guek Eav alias Duch:
http://www.eccc.gov.kh/english/cabinet/fileUpload/166/ECCC-26JulyPressKit.pdf

Case information sheet:
http://www.eccc.gov.kh/english/cabinet/files/Case_Info_DUCH_EN.pdf

Biographies of judges and lawyers:
http://www.eccc.gov.kh/english/cabinet/fileUpload/167/Bios.pdf

Schedule for 26 July 2010
Media representatives can access the ECCC compound from 07:00 am. We recommend that you arrive early in order to avoid queue.

The judgment hearing will commence at 10:00 am and it is not expected to extend beyond lunchtime. 30 minutes after the conclusion of the hearing, there will be a press conference in the public gallery of the courtroom with court spokespersons, Co-Prosecutors, Civil Party lawyers and Defence counsel.

Simultaneous interpretation between Khmer, English and French will be available at the press conference.

Accreditation cards
Accreditation cards can be picked up at ECCC at the following times:

Thursday 22 July and Friday 23 July 09:00-16:00
Saturday 24 July and Sunday 25 July 10:00-16:00

Please contact Mr. Sok Heng NHET on phone 012 486 904 before you come to pick up your card.

In case you are unable to pick up your accreditation card on any of these days, you may also pick it up on the morning of 26 July. We do however strongly recommend that you pick up your card before the 26 July in order to avoid queue.

Opening hours during the weekend
The ECCC will be open on Saturday 24 and Sunday 25 July from 10:00-16:00. During this times it will be possible to pre-install equipment, test audio and video feeds and to inspect available facilities.

Seats reserved for media in the public gallery
All media representatives who have been allocated a seat inside the public gallery must be in their seats at the latest by 09:30 on 26 July. No cameras, laptops, cell phones or recording devices will be permitted in the court. Cell phones can be stored in room C108 located at the front of the court building.

Photography
ECCC will provide still photos taken inside the courtroom at the start of the hearing.

Audio
Audio feeds of the proceeding will be provided to media though a PHONO connection. This feed can be accessed in the pressroom located at the front of the court building using one of 24 audio connections. Feeds in English, French and Khmer will be provided. Additional audio hookups are possible from a recorder to recorder if the users bring the required cables. No audio recording will be permitted inside the courtroom.

Video
Video feeds of the proceedings will be provided though a PHONO connection. This feed can be accessed in the pressroom located at the front of the court building using one of 23 output connections. Additional audio hookups are possible from a recorder to recorder if the users bring the required cables. No video recording will be allowed inside the courtroom.

The ECCC will provide video footage from the public gallery from the first 5 minutes of the hearing.

Stand-Up Locations
Two locations have been allocated outside the court building for use in video ‘stand-ups’. One is located at the front of the court with a view of the buildings and official flags, the other is located near the Court's guardian spirit statue. No other locations for stand-ups will be permitted.

Internet connection:
The Press Work Room (C108) has a quiet space for working and a number of computers with internet connection, and is available on a first come first served basis. Private laptops may be used but will not be permitted to access the ECCC network or the ECCC internet connection.

Spokespersons
The following persons are authorised to give statements to the media on behalf of ECCC:

Sambath Reach, Chief Public Affairs Mobile phone:012 488 156

Lars Olsen , Legal Communications Officer Mobile phone:012 488 023

Sovannarom Dim, Press Officer Mobile phone:012 488 094

Yuko Maeda, Public Affairs Officer Mobile phone:012 488 319

How to get to the court
The Extraordinary Chambers in the Courts of Cambodia are situated in Chaom Chau, 16 kilometers from downtown Phnom Penh, on the left hand side of National Road 4. Public and media please enter from the Visitors Gate at the eastern end of the compound.

Follow the road to Phnom Penh International Airport and continue on National Road 4 for an additional 4 kilometers. No public transportation is available, so visitors without own transportation need to take a taxi or tuk tuk.

US Under-Secretary of State Visits the Khmer Rouge Tribunal

2010/07/19

Mr. William J. Borns(Second from right) and his delegation are meeting with the management team of ECCC

A visiting senior official of the US government on Saturday 17 July paid a visit to the Khmer Rouge tribunal to gain first-hand knowledge of the work of the tribunal, which is expected to hand down its first judgment on 26 July.

US Under-Secretary of State for Political Affairs Bill Burns led a six-member delegation to the Extraordinary Chambers in the Courts of Cambodia, and toured the main courtroom with the 500-seat public gallery.

Welcoming the delegation, ECCC’s Acting Director of Administration H.E. Tony Kranh and Deputy Director Knut Rosandhaug thanked their visit and presented the overview of the tribunal. The ECCC senior management further briefed on the progress and impacts the court has made so far and the challenges it faces in coming months and years, including financial matters.

In response, Mr. Burns congratulated the ECCC for the achievements, saying that the court has made a lasting impact on Cambodia’s society at large and its judicial system in particular. “During my tour of the ECCC, I was impressed by the dedication of the court’s Cambodian and international staff,” he said. “Preparing to issue its historic first verdict, the court represents a milestone in Cambodian justice, both in holding to account those most responsible for the horrific crimes of the Khmer Rouge era, and in strengthening the rule of law in Cambodia.”

Mr. Burns’ visit to the court was part of his two-day trip to Cambodia to commemorate the 60th anniversary of US-Cambodia bilateral relations. It was his first official engagement after he landed in Phnom Penh.

Case file in Case 002 forwarded to the Co-Prosecutors for final submission

2010/07/19

The Co-Investigating Judges have today, pursuant to Internal Rule 66 (4), forwarded the case file in Case 002 to the Co-Prosecutors. The Co-Prosecutors have a maximum of 45 days to file their final submission to the Co-Investigating Judges.

After the receipt of the final submission from the Co-Prosecutors, the Co-Investigating Judges will issue a Closing Order in Case 002. The Closing Order will be either an indictment sending the case for trial or a dismissal of the case (partially or totally).

The charged persons in Case 002 are currently Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith and Kaing Guek Eav.

Judgment Hearing in Case 001 Begins 10 am on 26 July (Read More)

2010/07/01

Scheduling Order for Pronouncement of the Judgment Duch (Time) Read More...

2010/06/30

Germany pledges more financial support to maximise victims’ participation in KR trials

2010/06/17

ECCC’s Acting Director of Administration, H.E. Tony Kranh signs an agreement with GTZ Country Director Heinrich-Jürgen Schiller on 16 June 2010 at the ECCC in the presence of the German Ambassador to Cambodia Frank Mann and Victims Support Section Chief Dr Helen Jarvis and Co-Investigating judge Marcel Lemonde.

On June 16, the German government, represented by its implementing agency German Technical Cooperation (GTZ), signed an agreement with the Extraordinary Chambers in the Courts of Cambodia (ECCC) pledging an additional 400,000 Euros to the tribunal’s Victims Support Section (VSS) for the continuing improvement of victims’ participation in the Khmer Rouge trials.
Wednesday’s agreement was signed by GTZ Country Director Heinrich-Jürgen Schiller and by the ECCC’s Acting Director of Administration, H.E. Tony Kranh, in the presence of the German Ambassador to Cambodia Frank Mann and VSS Chief Dr Helen Jarvis.
H.E. Mr Kranh officially acknowledged Germany’s important role within the ECCC’s judicial process and described the signing of the agreement as "very crucial".
"Victims participation is one of the areas in which the ECCC is breaking new ground and setting new standards for courts with international support and involvement," H.E. Mr Kranh said.
"Through your support, the ECCC has been able to play its proper role in communicating with victims throughout the country and overseas, providing them with information about proceedings, and facilitating their participation."
Dr Helen Jarvis, responsible for implementing the Victims Improved Participation Project over the past years, also expressed her "deep thanks for the constant support from the Federal Republic of Germany and from GTZ".
"More than 8,000 victims of serious crimes committed under the Khmer Rouge regime have had the confidence in the Court to come forward to provide information on those crimes and on the suffering they endured," Dr Jarvis said.
"At the same time outreach teams, Civil Party lawyers and intermediary organisations have collaborated on two major campaigns: to collect supplementary information from Civil Party applicants where the original application was lacking; and to do our best to ensure appropriate legal representation for all Civil Party applicants."
A firm believer in Cambodia’s national reconciliation efforts, Germany has injected more than 7 million Euros worth of funding into the national and international sides of the ECCC since 2005. For the past three years, it has supported various outreach projects with civil society organizations in order to foster reconciliation and justice also beyond the direct sphere of competence of the KR Tribunal.

Media Guidance for the verdict in the “DUCH” trial 26 July 2010 (Read More)

2010/06/14

INVITATION TO ATTEND THE PUBLIC HEARING FOR THE PRONOUNCEMENT OF THE VERDICT IN THE “DUCH”-TRIAL (Read More)

2010/06/14

His Excellency Mr. Chan Tani's speech at ECCC pledging conference in New York

2010/05/26

His Excellency Mr. Chan Tani, Secretary of State of the Office of the Council of Ministers of the Kingdom of Cambodia, represented His Excellency Dr Sok An, Minister in Charge of the Office, on a pledging conference for the Extraordinary Chambers in the Courts of Cambodia, held in New York on 25 May 2010. You can see a video of the speech below.

UN Secretary-General's remarks to pledging conference for the Extraordinary Chambers in the Courts of Cambodia

2010/05/26

New York, 25 May 2010

Your Excellency Mr. Chan Tani, Secretary of State of the Kingdom of Cambodia,

Mr. Tony Kranh, Acting Director of Administration of Extraordinary Chambers in the Courts of Cambodia, Mr. [Knut] Rosandhaug, Coordinator of UN Assistance to the Khmer Rouge Trials, Excellencies, Ladies and Gentlemen,

I declare open this Pledging Conference for the Extraordinary Chambers in the Courts of Cambodia.

I thank all the participants for their presence here today.

I extend a special welcome to His Excellency Mr. Chan Tani, Secretary of State of the Office of the Council of Ministers of the Kingdom of Cambodia, representing His Excellency Dr Sok An, Minister in Charge of the Office.

As you know, the period of Democratic Kampuchea lasted less than four years, from April 1975 to [January] 1979. Yet during this short period, at least 1.7 million people are believed to have died. Millions more carry the memories of the brutal Khmer Rouge regime.

The Extraordinary Chambers in the Courts of Cambodia were established to bring justice to the people of Cambodia, and to prevent impunity for the most heinous of crimes. They are [a] vital part of efforts to secure Cambodia's long-term well-being, and a crucial element in the world's quest to strengthen international criminal justice.

This pledging conference responds to the difficult financial situation faced by the Extraordinary Chambers.

The Extraordinary Chambers are a Cambodian court, created by a law adopted by the Cambodian National Assembly in July 2001, and signed by His Majesty King Norodom Sihanouk the following month.

The Chambers operate with assistance from the United Nations, provided under an Agreement with the Royal Government of Cambodia.

Since starting work in January 2006, the Chambers have made impressive progress. Hearings in “case one”, against the Secretary of the notorious S-21 Security Centre, concluded in November 2009. The Trial Chamber is expected to issue a verdict soon. The hearings in this case demonstrated that the Extraordinary Chambers can conduct complex criminal trials to international standards.

Most importantly, they also demonstrated the deep interest of the people of Cambodia in the proceedings. More than 31,000 people visited the Chambers to witness the hearings, most of them Cambodians who journeyed in from Cambodia's provinces. This is a truly astounding figure.

In "case two" the Co-Investigating Judges are expected to issue a closing order later this year with the conclusion of judicial investigations regarding four leaders of the Khmer Rouge regime. As in the ongoing trial of Charles Taylor in the Special Court for Sierra Leone, one person charged in case two is a former Head of State, showing that no-one is above the law. This is a fundamental principle in the world's fight against impunity, and it is encouraging indeed to see it in action today in Cambodia.

A possible “case three” is now taking shape. This past September, the International Co-Prosecutor forwarded introductory submissions against five individuals to the Co-Investigating Judges, who will decide whether to undertake judicial investigations.

The International Co-Prosecutor has stated that he does not intend to initiate any further cases.

Now that you have a sense of the important work being done by the Extraordinary Chambers, it is time for me to talk about funding. Like all aspects of the Extraordinary Chambers, the budget has international and national components.

For 2010, the international component faces a shortfall of $14.6 million, and the national component a shortfall of at least $6.5 million.

Neither of these figures includes future commitments for staff salaries and entitlements. For 2011, the total budget of $46.8 million is unfunded, except for $1.1 million pledged by the Royal Government of Cambodia to the national component. Thus, both components urgently need further funds.

In a 2003 resolution of the General Assembly, Member States accepted the responsibility of funding the Extraordinary Chambers.

Indeed, the Chambers are entirely dependent on voluntary contributions, the method decided on by Member States in making that commitment.

Without such support, the Chambers cannot function. It is as simple and stark as that.

I am grateful to Member States for their generous contributions to date. I understand that the current economic environment makes it difficult to give more. Still, given the pressing need and the importance of this work, I appeal to you to maintain and increase your support.

I hope that some Member States will make pledges today. I hope others will consider making pledges as soon as possible.

I assure you that all pledges, big or small, will be received with great appreciation by the United Nations. They will also, I'm sure, be greatly welcomed by the Royal Government of Cambodia, and the people of Cambodia who have been waiting for justice for so long.

Thank you very much.

KAING Guek Eav (Duch) Trial Chamber verdict to be pronounced on 26 July 2010

2010/05/24

The verdict in Case File No. 001/18-07-2007-ECCC/TC concerning the Accused, KAING Guek Eav alias Duch, will be pronounced on Monday 26 July 2010 in the main courtroom of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The time of commencement of the hearing will be communicated in due course.

KAING Guek Eav chaired what is alleged to have been the headquarters of the Communist Party of Kampuchea (CPK) Special Branch of the secret police (Santebal) “Office S21” (S21) during most of its existence between 1975-1979. He is accused of crimes against humanity and war crimes, as well as premeditated murder and torture pursuant to the 1956 Cambodian Penal Code.

KAING Guek Eav was detained and transferred to the ECCC Detention Centre on 30 July 2007. After an Initial Hearing on 17 and 18 February 2009, the trial on the substance commenced on 30 March and concluded on 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.

Background information for media:

A separate press release with information about media facilities and accredition will follow. Please find below some background resources which can be freely used by representatives of the media.

Fact sheet about Case 001:

http://www.eccc.gov.kh/english/cabinet/files/Case_Info_DUCH_EN.pdf

Closing order indicting Kaing Guek Eav:

http://www.eccc.gov.kh/english/cabinet/courtDoc/115/Closing_order_indicting_Kaing_Guek_Eav_ENG.pd f

Official trial photos:

http://www.flickr.com/photos/krtribunal/sets/72157623332496818/

High resolution video clip from last day of the closing arguments where Kaing Guek Eav request the Trial Chamber to set him free:

http://unakrt-online.org/MEDIA/

Philippe Gréciano appointed as Co-Lawyer for Khieu Samphan

2010/05/20

Mr. Philippe Gréciano has been appointed as International Co-Lawyer for Mr. Khieu Samphan. He will be working together with Mr. Jacques Verges and Mr. Sa Sovan in the defence team of Mr. Khieu Samphan.

Mr. Gréciano is a university professor and a member of the Paris Bar Association. He has more than 15 years experience, and has been involved in seven cases related to genocide and crimes against humanity in Rwanda before courts in France and Germany and before the International Criminal Tribunal for Rwanda.