Duch 8-Year Detention Ruled Unlawful (But Those Detained at S-21 Were Treated ‘Like Dead People’ and ‘Regarded as Animals’)

Provisional Release Denied, But Previous Detention Violated Duch’s Rights

In a long-awaited decision, the Trial Chamber announced today that the detention of Kaing Guek Eav (alias Duch) by a Cambodian Military Court lasting over eight years was unlawful and a violation of his rights. The detention violated the three-year ceiling for provisional detention imposed by Cambodian law, at the time, and the prosecutor appeared at times to single-handedly extend Duch’s detention without sufficient investigation or legal reasoning. Accordingly, if Duch is acquitted by the ECCC, he may seek appropriate remedies for his detention in the domestic legal system. If Duch is convicted by the ECCC, he is entitled to “credit” for the time he was wrongfully detained, specifically from May 10, 1999 to July 31, 2007 when he was transferred to the custody of the ECCC pursuant to an arrest warrant issued by the Office of Co- Investigating Judges. The Chamber refrained from commenting on the nature or extent of remedies to which Duch may be entitled for other related violations of his rights.

In the same decision, the Chamber denied Duch’s request for provisional release, noting “the need to ensure [Duch’s] presence” at trial and “the gravity of the crimes for which he is accused.” Consequently, he will continue to be detained at the facility adjacent to the ECCC until the conclusion of the trial proceedings…

Read more: ctm_blog_6-15-2009