Wednesday, 1 April 2009

Defence calls for 'safe house' for Pol Pot accused

Otago Daily Times (New Zealand)

Wed, 1 Apr 2009

Defence lawyers for Pol Pot torture prison boss Kaing Guek Eav argued today that he should be moved to a "safe house" after spending 10 years in custody.

Today ends the first week of Eav's trial before Justice Silvia Cartwright of New Zealand and four other members of the judiciary.

Following yesterday's dramatic apology by Eav, better known by his revolutionary name Duch, much of this morning was tied up with legal wrangling.

Duch's apology yesterday was what many Cambodians, here and around the world, had been waiting for.

It was qualified by his claims he was only acting under the orders of his superiors while in charge of Tuol Sleng Prison, where an estimated 17,000 people, including New Zealander Kerry Hamill, were detained, tortured and then executed.

The prosecution maintains he had autonomy and actively made decisions to arrest, torture and kill, and personally participated in some torture sessions.

Duch's French lawyer, Francois Roux, asked he be moved from the tribunal's specially built jail to a "safe house," as his rights had been violated by his 10-year detention without trial.

Cambodian law prohibits "provisional detention" longer than three years, Roux said.

After his 1999 arrest, Duch spent seven years in a Cambodian military prison, then nearly three years in the tribunal's jail.

Another argument for moving him was that he shared his quarters with four other Khmer Rouge defendants, and he will be implicating some of them during his trial.

The bail hearing is continuing.

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