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Khmer Rouge war crimes defendant sacks foreign defence lawyer
Published in Saudi Press Agency on 09 - 07 - 2010


Comrade Duch, the defendant in the first case
tried by the UN-backed Khmer Rouge war crimes tribunal, sacked his
foreign defence lawyer Friday, weeks before the court is to hand down
its verdict, according to dpa.
The tribunal said it would allow Duch, whose real name is Kaing
Guek Eav, to fire Frenchman Francois Roux over what it said were the
"exceptional circumstances" of Duch's "loss of confidence" in Roux.
Duch is charged with war crimes and crimes against humanity for
his role in the deaths of more than 12,000 people when he headed
S-21, the Khmer Rouge's key torture and execution centre in Phnom
Penh from 1975 to 1979. He is to hear the verdict in his case July 26.
A tribunal statement said Duch had requested Roux's removal in a
June 30 submission to the defence support section of the UN-Cambodian
tribunal and accepted that his loss of confidence was genuine.
"This decision is not an endorsement of the underlying reasons for
the loss of confidence put forward by Mr Kaing in his request,"
defence support section head Richard Rogers said. "In the
circumstances, it has not been necessary either to accept or to
reject the underlying reasons."
The section also noted that the sacking of Roux would not delay
proceedings and barred Duch from appointing a replacement foreign
defence lawyer ahead of the July 26 hearing.
The tribunal's hybrid nature means foreign and Cambodian nationals
jointly hold key positions, including on the prosecution, defence and
investigative sides. The court said Duch's Cambodian defence lawyer,
Kar Savuth, would continue to represent him.
The latest twist followed the defence team's spectacular implosion
in the final days of the 77-day trial when Duch dramatically reversed
his plea and asked to be acquitted and released.
Duch's request, which came after months of stating that he
accepted responsibility for his role in the deaths at S-21, was
endorsed by Kar Savuth but clearly caught Roux by surprise.
In the final days of the trial in November, Kar Savuth told the
five-judge bench that Duch ought not to be on trial because
international law did not apply as his client had been following
orders. He also argued that the court had no jurisdiction over Duch.
Roux revealed the depth of the split in the defence team that week
when he told the bench that the two defence lawyers had
"disagreements" over their approach to the case but said
international law "of course" applied to Duch.
The court's remit is to try those considered most responsible for
crimes committed by the 1975-79 Khmer Rouge regime. Four surviving
senior leaders are in detention for their alleged involvement in the
deaths of 1.7 million people.
The four, whose trials are expected to start early next year, are
former Brother Number Two Nuon Chea, the movement's ideologue; former
head of state Khieu Samphan; former foreign minister Ieng Sary; and
his wife, the former social affairs minister Ieng Thirith.
The movement's leader, Pol Pot, died in 1998 without being tried.


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