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The brief takes aim at one of the most internationally significant and emotionally charged elements of the trial: the topic of forced marriage, which, Chea’s defence argues, lacks legal backing and essentially puts Cambodia’s culture of “arranged marriage” on trial. For countless others, there was no need for a gun, as they were coerced by fear.

“The likely reason why the [Communist Party of Kampuchea’s] legitimate policies have been portrayed as inherently criminal is that the issue of sexual violence and particularly forced marriage has become the ‘hot topic’ in international criminal law,” the brief read. The Khmer Rouge marriage policy was based on mutual consent, the filing said, and a policy to grow the population to 15 million did not equate to forced marriage.

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Prosecution lawyer Nicholas Koumjian, however, said yesterday that there was evidence that forced marriages repeatedly occurred, which showed it was a policy and that leaders intended “to break down traditional family ties while growing the population”. In the coercive environment of [Democratic Kampuchea], where even breaking a spoon could result in execution, few dared to refuse,” he said.

“Both cadre and forced marriage victims testified to the practice . The regime “treated the people like cattle and sought to control every aspect of their lives”, he said, adding that forced consummation was not a subject older Cambodians wanted to talk about.

But based upon the totality of the evidence, one cannot conclude that the hair evidence was insignificant." State Department of Justice spokesman Johnny Koremenos said the agency is still reviewing the judge’s decision to determine whether to retry Beranek.

Keith Findley of the Wisconsin Innocence Project said Friday the defense will file a request to let Beranek be released on bail.

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