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Published on December 5, 2007

Duch faces a trial likely to be held in the middle of next year - for allegedly overseeing the torture and murder of about 16,000 prisoners in the Tuol Sleng jail in Phnom Penh in the mid-to-late 70s - and could be jailed for life if he found guilty.

The verdict on Monday said: "The judges of pre-trial chamber decided unanimously to reject Duch's appeal for release on bail." The court said it was necessary Duch be detained to prevent him from putting pressure on witnesses or destroying evidence.

A detailed verdict was read by Prak Kimsan, president of the tribunal's five-judge pre-trial chamber. The verdict also said the tribunal feared Duch may flee if released on bail because he had fled from one place to another for his safety in the past.

Francois Roux, a defence lawyer of Duch, said: "I am disappointed because the pre-trial chamber refused to consider the fact Duch was detained by the Cambodian military court for more than eight years.

"We can not appeal against this decision but we will raise it again when the trial starts in June next year," he said.

In the hearing, held on November 20-21, defence lawyers said Duch had been detained by a Cambodian military court for more than eight years without trial, and thus should be released on bail as compensation.

However, the pre-trial chamber said there was no connection between the Cambodian military court and the Khmer Rouge tribunal. More importantly, the Khmer Rouge tribunal was not able to assess the legitimacy of the military court's work.

After the president of the pre-trial chamber finished reading the verdict, Duch walked passed the hearing room and smiled at observers looking at him. He showed no upset about the verdict.

Chum Mey, a Cambodian victim of the Khmer Rouge, said later he supported the decision made by the pre-trial chamber because the Khmer Rouge was responsible for the death of almost two million Cambodians. Thus, the accused should not be released.

 The Nation