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| |  | | Guek Eav Kaing | | | context : | Cambodia  | | judgement place : | Cambodia | | status : | Indicted | | particulars : | Detained by Cambodian authorities since 1999; first appearance before the Extraordinary Chambers (ECCC) on 31 July 2007; officially indicted on 12 August 2008 | | position : | Director of the Tuol Sleng detention and torture center |
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| | | | Duch has been detained in a Cambodian military prison since May 1999 when a military court in Cambodia charged him with murder, torture and membership of an outlawed group.
Since the death of Ta Mok (see "related cases"), Duch is the only person of importance known to be awaiting trial before the Extraordinary Chambers in the Courts of Cambodia (ECCC, see 'spotlight').
On 31 July 2007 Duch was the first suspect to be brought to the Tribunal in order to be interrogated by the co-investigating judges of the ECCC.
The co-investigating judges of the ECCC informed him of the charges against him, namely Crimes against Humanity, under articles 5, 29 (new) and 39 (new) of the Law on the establishment of the ECCC dated 27 October 2004. His provisional detention for a period not exceeding one year was ordered. He has not been formally indicted.
On 19 September 2007, the Co-Investigating Judges decided, in order to ensure good judicial administration, to order the separation of the Duch case as regards the alleged crimes attributed to him in connection with the S21 detention centre from the other alleged crimes referred to in the Introductory Submission by the Co-Prosecutors (dated 18 July 2007). The Judges consider that the judicial investigation regarding the S21 detention centre should be brought to a close in the coming months.
In addition to the crimes alleged to have been perpetrated in connection with the S21 detention centre, the ongoing judicial investigation covers three broad categories of alleged crimes: forced movements of the population; killings, torture and other abuses at a range of security and detention centres; and forced labour, unlawful detention and inhuman living conditions perpetrated in other locations.
On 20 November his lawyers appealed for bail on the grounds that he was held without charge under the jurisdiction of another court for eight years. The appeal was rejected on 3 December 2007.
The office of the investigating judges of the ECCC announced in May 2008 that it had completed its investigations against Kaing Guek Eav with regard to his responsivbility for the crimes allegedly committed in the former central prison and torture centre of the Khmer Rouge.
On 12 August 2008, the ECCC issued a closing order to officially indict former Kaing Guek Eav. He is the first suspect to be charged since the establihsment of the tribunal in 2006.
The start of the trial is expected in autumn of 2008. | |     click for more... | | Trial Watch would like to remind its users that any person charged by national or international authorities is presumed innocent until proven guilty. | |  |  | | also known as : | | | Duch | | | last time seen : | | | Phnom Penh (Cambodia) | | | charges : | | | Crimes against humanity
Torture | | | profile last modified : | | | 22.08.2008 |
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