Duch
Related Case(s) : 001, 002
Alias : Duch1
KAING Guek Eav, alias “Duch” (1942-2020), was the Chairman and Secretary of S-21 Security Centre in Phnom Penh, a facility for the unlawful detention, interrogation, and execution of perceived enemies of the Communist Party of Kampuchea (“CPK”). He was sentenced to life imprisonment for his participation in crimes against humanity and grave breaches of the Geneva Conventions committed at S-21 Security Centre.
Explore the Khmer Rouge hierarchy to understand his role in the secretive system.
Drag
1942
17 November
Born in Poev Veuy village, Peam Bang commune, Stoeung district, Kampong Thom province, into a family of poor peasants.2
1965
Worked as a mathematics teacher in Skuon, Kampong Cham.3
1967
25 December
Introduced to the CPK.4
1969
20 July
Became a full-rights CPK member and chose “Duch” as his revolutionary name.7
1970
3 April
Released from prison and recommenced activities on behalf of CPK.8
1971
20 July
Appointed chairman of M-13 Security Centre, a facility used for interrogating suspected spies and enemies of the CPK.9
1996
6 January
Baptised by western missionaries and converted to Protestant Christianity.16
1999
10 May
Arrested, detained, and indicted by the Phnom Penh Military Court.17
2010
26 July
Convicted by the Trial Chamber and sentenced to 35 years in prison; the sentence was reduced by five years to remedy his illegal detention by the Cambodian Military Court.20
2012
3 February
Re-sentenced to life imprisonment by Supreme Court Chamber.21
2013
6 June
Transferred to Kandal Provincial Correctional Centre.22
2020
2 September
Died in Phnom Penh while serving a life sentence.23
Convictions and Sentences
Convicted of crimes against humanity:
- Persecution on political grounds
- Extermination (encompassing murder)
- Enslavement
- Imprisonment
- Torture (including one instance of rape)
- Other inhumane acts
Convicted of grave breaches of the Geneva Conventions of 1949:
- Wilful killing
- Torture and inhumane treatment
- Wilfully causing great suffering or serious injury to body or health
- Wilfully depriving a prisoner of war or civilian of the rights of fair regular trial
- Unlawful confinement of a civilian
Key Findings
Roles and Responsibilities
Acts and Awareness of crimes
The Trial Chamber in Case 001 found that Duch:
- Participated in a systemic joint criminal enterprise (a common concerted system of ill-treatment) at S-21. 28
- Refined and directed S-21’s operations: the unlawful detention, interrogation, and execution of perceived enemies of the CPK 29 .
- Made S-21 an efficient operation by relocating it and selecting Cheoung Ek as an execution site 30 .
- Indoctrinated S-21 staff to be cruel and to treat all prisoners as enemies of the CPK 31 .
- Trained interrogators to use physical and psychological violence 32 .
- Transmitted orders for the arrest, torture, and execution of detainees 33 .
- Provided assistance, encouragement, and moral support to his staff, aware that his actions would enable crimes at S-21 34 .
- As a superior, exercised effective control over staff, knew that his subordinates were committing crimes, and failed to take measures to prevent them or punish the perpetrators 35 .
- Detained no fewer than 12,273 individuals at S-21, executed at least 11,742 prisoners at S-21, most of whom were systematically tortured, and is responsible for the deaths of victims who suffered from extreme conditions of detention which led to widespread disease, malnourishment, and physical and psychological pain 36 .
Counsel
Mr. Kar Savuth, Mr. Kang Rethiry, Mr. Francois Roux, Ms. Marie-Paule Canizarés
Related Documents
Interviews
- Written Record of Interview of Charged Person, 23 August 2007, E3/25.
- Written Record of Interview of Charged Person, 2 October 2007, E3/26.
- Written Record of Interview of Charged Person, 3 October 207, E3/2.
- Written Record of Interview of Charged Person, 29 November 2007, E3/17.
- Written Record of Interview of Charged Person, 21 January 2008 E3/11.
- Written Record of Interview of Charged Person, 24 January 2008 E437.
- Written Record of Interview of Charged Person, 18 February 2008, E3/31.
- Written Record of Interview of Charged Person, 27 March 2008, E3/380.
- Written Record of Interview of Charged Person, 28 March 2008, E3/225.
- Written Record of Interview of Charged Person, 31 March 2008, E3/929.
- Written Record of Interview of Charged Person, 1 April 2008, E3/5.
- Written Record of Interview of Charged Person, 2 April 2008, E3/217.
- Written Record of Interview of Charged Person, 29 April 2008, E3/3.
- Written Record of Interview of Charged Person, 30 April 2008, E3/378.
- Written Record of Interview of Charged Person, 6 May 2008, E3/41.
- Interview of Duch by Nate Thayer, 13 May 1999, E3/1915.
Cambodian Judicial Documents
- Detention Order of the Phnom Penh Military Court, 10 May 1999, E52/4.8.
- Defence position on the facts contained in the Closing Order, 30 January 2009, E5/11/6.1.
Other Documents
- Duch’s Written Comments and Answers to Questions, 20 November 2009, E3/359.