Notice of Appeal filed in Duch Case 27 Aug 2010
Co-Prosecutors, Civil Parties and Co-Lawyers representing Kaing Guek Eav have filed appeals against the ECCC Trial Chamber judgment.

Extraordinary Chambers in the Courts of Cambodia CourtroomCo-Lawyers representing Kaing Guek Eav (Alias ‘Duch’) have filed a Notice of Appeal before the Supreme Court of the Extraordinary Chamers in the Courts of Cambodia (ECCC) against the 26 July Trial judgment, in which the former prison guard was sentenced to 35 years imprisonment.  There have also been appeals filed on behalf of Civil Parties, who are parties to the case under the ECCC rules, and the Co-Prosecutors.

The Co-Lawyer’s first ground of appeal relates to the Trial Chamber’s jurisdiction, arguing that Duch does not fall into the category of persons over which the ECCC has personal jurisdiction.  The second ground of appeal relates to the sentence of 35 years’ imprisonment.  The appeal states that the Trial Chamber practised “victors’ justice” and failed “to demonstrate why it was convinced beyond a reasonable doubt that the Prosecution evidence on which it relied proved that the Accused fell under its personal jurisdiction”. The ECCC was established to prosecute “senior leaders of Democratic Kampuchea and those who were most responsible” for crimes committed under the regime. The Trial Chamber held that Duch falls within this category.

On 16 August the Co-Prosecutors also filed a Notice of Appeal against the Trial Chamber judgement. They argue that separate crimes of crimes against humanity, enslavement, imprisonment, torture, rape, extermination, and other inhumane acts, were improperly combined with crimes of persecution and torture. The Notice of Appeal also states that the Trial Chamber gave insufficient weight to the gravity of the crimes in sentencing, and gave undue weight to mitigating evidence. The Co-Prosecutors submit that Duch’s sentence is ‘manifestly inadequate’.

The ECCC is yet to set a date for any appeal hearings, which would likely take place in late 2010.

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