Case 001

Case 001 is the first case before the Extraordinary Chambers in the Courts of Cambodia. Kaing Guek Eav alias Duch, the former Chairman of the Khmer Rouge S-21 Security Center in Phnom Penh, is the defendant in Case 001. 

He was transferred from military detention and placed in provisional detention on 31 July 2007 by order of the Co-Investigating Judges. Duch was indicted by the Co-Investigating Judges on 8 august 2008, and the indictment was confirmed and partially amendended by the Pre-Trial Chamber on 5 December 2008. 

The initial hearing before the Trial Chamber took place on 17 and 18 February 2009. The substantive part of the trial commenced on 30 March 2009, and the presentation of evidence concluded on 17 September the same year. 

During the 72 days of hearing of evidence, 24 witnesses, 22 Civil Parties, and 9 experts appeared before the Trial Chamber. The hearings before the Trial Chamber ended with five days of closing statements between 23 and 27 November 2009. In a judgement issued on 26 July 2010 the Trial Chamber found Duch guilty of: 
  • Crimes against humanity (persecution on political grounds) (subsuming the crimes against human extermination [encompassing murder], enslavement, imprisonment, torture [including one instance of rape], and other inhumane acts). 
  • Grave breaches of the Geneva Conventions of 1949, namely: - willful killing, - torture and inhumane treatment, - willfully causing great suffering or serious injury to body or health, - willfully depriving a prisoner of war or civilian of the rights of fair and regular trial, and - unlawful confinement of a civilian 
The Trial Chamber sentenced Duch to 35 years of imprisonment, before reducing the sentence to 30 years as a remedy for his unlawful detention by the Cambodian Military court between May 1999 and 31 July 2007. The judgement has been appealed to the Supreme Court Chamber by the Co-Prosecutors and by Kaing Guek Eav. Civil Parties have also filed appeals against the decision on reparations and admissibility of civil party applicants.

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