Top US senator hails sentence for Khmer Rouge prison chief

[ProSense]

Source: AFP

WASHINGTON (AFP) – A top US senator on Monday hailed the sentencing of a Khmer Rouge prison chief to 30 years in jail for "Killing Fields"-era atrocities as a "historic, if delayed, step forward for Cambodia."

"Today's sentencing helps deliver an important message that we must steadfastly pursue justice for the victims of the world's most horrific crimes," said Senate Foreign Relations Committee Chairman John Kerry.

"The conviction of the head of the Khmer Rouge's most infamous prison represents a historic, if delayed, step forward for Cambodia," said Kerry, a close ally of US President Barack Obama.

<...>

Kerry helped craft the compromise that led to the formation of the court, travelling to Cambodia several times to help broker the compromise that led to its creation.

Read more: http://news.yahoo.com/s/afp/20100726/pl_afp/cambodiauntrialuskerry_20100726174839

[Posteritatis]

1. Took long enough but it's definitely a good thing. (nt)

[ProSense]

2. Background on Kerry's involvement

April Meeting between Senator John Kerry and Samdech Prime Minister, in which were laid down the principles of a national court with participation by foreign judges.

<...>

November Senator John Kerry made a final visit to seek confirmation of the government's position regarding the Draft Law, urging the government to move ahead soon with the debate in the National Assembly.

September The Government Task Force resumed work with the Legislation Committee of the National Assembly.

July Under Secretary-General Hans Corell led a third delegation to Phnom Penh. In these negotiations various problems were settled, including the Pre-trial Chamber to solve any such differences among the Co-prosecutors or the Co-investigating judges. Although not quite 100% agreement was reached, the negotiations provided the basis for the Draft Law later debated in the National Assembly. The UN draft text of an Memorandum of Understanding/Articles of Cooperation was also discussed.

May The Prime Minister and the Secretary-General Kofi Annan exchanged letters confirming the latest compromise reached through John Kerry.

April A further meeting was held and letters exchanged between Prime Minister Hun Sen and the Secretary-General in Havana, Cuba, but the outstanding issue was not resolved, so the Prime Minister met again with Senator John Kerry, who then returned for another visit to Phnom Penh. This all led to another compromise concerning what to do in case of differences between the co-prosecutors and co-investigating judges.

link

Through US Senator John Kerry, the United States government sought to break the impasse by proposing that conflicts between prosecutors and among investigating judges regarding the issuance of an indictment be resolved by a five-person panel of judges assembled from those already on the bench of the envisioned court, including three Cambodians and two international judges appointed by the Secretary-General.57 Under this formula, if only one of the two co-prosecutors or only one of the two co-investigating judges proposed pursuing an indictment, a super-majority vote of at least four judges would be required to block that proposal. The US also put forward a June 15, 2000 deadline for parliamentary ratification and a UN-Cambodia agreement.

PDF

[derby378]

3. Correction - Comrade Duch only got 19 YEARS

Kerry shouldn't be talking so proud. This sentence is a travesty of justice.

[ProSense]

4. That's not accurate

PHNOM PENH (Reuters) – A U.N.-backed tribunal sentenced a senior member of the Khmer Rouge to 35 years in prison on Monday in its first verdict three decades after the "Killing Fields" revolution tore Cambodia apart.

The verdict was short of the maximum 40 years sought by the prosecution and of the life behind bars demanded by many Cambodians who have struggled for decades to find closure for one of the darkest chapters of the 20th century.

Kaing Guek Eav, known as Duch, was found guilty of murder, torture, rape, inhumane acts, crimes against humanity and other charges for running a prison that symbolized the horrors of the ultra-communist regime blamed for 1.7 million deaths in 1975-79.

The 67-year-old the former schoolteacher, who admitted to overseeing the torture and killing of more than 14,000 people, will only serve 30 years because the court ruled he was held illegally by the Cambodian military from 1999 to 2007.

link

He should have gotten life, but at 67 years old, this amounts to life.

I'm more concerned with why it took so long.

[derby378]

5. Here's what I've got

From the Christian Science Monitor:

Duch received a 35-year sentence for his role in Khmer Rouge killings, but judges reduced it to 19 years in lieu of time served since 1999, when he was discovered living under a pseudonym in the Cambodian countryside and imprisoned. Cambodia has no death penalty.

This means the sprightly 67-year-old could be freed at the age of 86.

http://www.csmonitor.com/World/Asia-Pacific/2010/0726/Khmer-Rouge-executioner-found-guilty-but-Cambodians-say-sentence-too-light

From World Politics Review:

However, many of the victims were upset by the sentence, which could see the 67-year-old former mathematics teacher walk out of prison a free man. His 35-year sentence was cut to 19 years due to time he has already served in detention.

Prosecutors had demanded at least a 40-year term.

http://www.worldpoliticsreview.com/articles/6125/khmer-rouge-chief-guilty-but-sentence-spurs-debate

From Time:

Cambodians hoping for a punishment to match their suffering expected more. In its first verdict, the U.N.-backed tribunal established in 2006 to try the leaders and decision makers of the Pol Pot regime convicted the regime's secret police chief of war crimes and crimes against humanity, sentencing him on Monday to 35 years in prison for the murders of as many of 14,000 people.

But in an irony few victims will appreciate, the court allowed the accused, Kaing Guek Eav, 67, who is best known by his revolutionary name "Duch," a five-year reduction for violations of his human rights due to his excessive pretrial detention by Cambodian authorities, which lasted eight years. In addition, Duch — a Christian convert who, during his nine-month trial admitted to ordering the executions of 160 children in a single day in June 1977 — was credited for the 11 years he has served since his arrest in 1999. Only 19 years of his sentence remain, and if Cambodian law is applied, he could, in theory, be eligible for parole in just years 12 years.

http://www.time.com/time/world/article/0,8599,2006475,00.html#ixzz0uoufaiq2

[ProSense]

6. All of those say the same thing: 35 years with credit for 16 years already served.

It's not a life sentence, but again, he'll be 86 years old when this time is fulfilled.

[derby378]

7. In reality: 19 years in addition to time served

Which mean Duch will likely walk out of prison a free man.

The whole nation of Cambodia is seething with fury right now. They can't believe the court has snubbed the survivors of Tuol Sleng like this.

[ProSense]

8. "Which mean Duch will likely walk out of prison a free man." At 86 years old.

Again, you just restated 35 years minus time served (16 years) as "19 years in addition to time served" (16 years), which is still a total 35 years.

[derby378]

9. Don't you mean 30?

This butcher somehow got a five-year "credit."

In any case, 19 years after the gavel falls. Not acceptable.

[ProSense]

10. Wait: 19 + 16 = 30? New math? n/t

[Winterblues]

11. I guess if you are not American "Harsh Interrogation Tactics" get you prison

:shrug: Why didn't the world want to just "Move Forward" I wonder?