In preparation for the start of trial hearings beginning on 27 June 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is starting a new series in posting installations of the public document of the Closing Order of Case 002. The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (Co-Prosecutors, Co-Lead Lawyers for all civil parties, Defense Lawyers) will be making their arguments before the Trial Chamber judges (one Cambodian President, 2 Cambodian Judges, 2 UN judges). Up until now, the hearings involving these four surviving senior Khmer Rouge leaders have been in the Pre-Trial Chamber over issues of pre-trial detention and jurisdictional issues. Beginning in June 2011, the Trial Chamber will hear the substantive arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956).
. . .
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010
DETAILED TABLE OF CONTENTS
I. CREATION OF THE ECCC
II. PROCEDURAL BACKROUND
PART ONE: FACTUAL FINDINGS
I. HISTORICAL BACKGROUND
II. ADMINISTRATIVE STRUCTURES (CENTRE)
III. ADMINISTRATIVE STRUCTURES (NATIONAL)
IV. COMMUNICATION STRUCTURE
V. MILITARY STRUCTURE
C. CPK CENTRE MILITARY ORGANS
Military Committee of the Central Committee
Communication Inside the Divisions
VI. ARMED CONFLICT
VII. FACTUAL FINDINGS OF JOINT CRIMINAL ENTERPRISE
"Purges"
VIII. FACTUAL FINDINGS OF CRIMES
A. Movement of the Population
Movement of the Population from Phnom Penh (Phase 1)
Movement of the Population from the Central (Old North), Southwest, West and East
Zones (Phase 2)
B. WORKSITES AND COOPERATIVES
Tram Kok Cooperatives
C. SECURITY CENTRES AND EXECUTION SITES
Sang Security Centre
Kraing Ta Chan Security Centre
Au Kanseng Security Centre
D. TREATMENT OF SPECIFIC GROUPS
Treatment of Buddhists
IX. ROLES OF THE CHARGED PERSONS
A. NUON CHEA
B. IENG SARY
Background
D. IENG THIRITH
PART TWO: APPLICABLE LAW
ECCC JURISDICTION
DEFINITION OF CRIMES
A. GENOCIDE
III. MODES OF CRIMINAL RESPONSIBILITY
IV. STANDARD OF EVIDENCE
PART THREE: LEGAL FINDINGS
I. PERSONAL JURISDICTION
II. AMNESTY, PARDON, NE BIS IN IDEM
III. GENOCIDE
IV. CRIMES AGAINST HUMANITY
A. "CHAPEAU" ELEMENTS
Existence of the Attack
A. "CHAPEAU" ELEMENTS
Existence of an International Armed Conflict
Protected Persons
B. UNDERLYING OFFENCES CONSTITUTING GRAVE BREACHES OF THE
Wilfully Depriving a Prisoner of War or a Civilian the Rights of Fair and Regular
Trial
VI. LEGAL FINDINGS ON MODES OF RESPONSIBILITY
Ieng Sary
Joint Criminal Enterprise Conclusion
VII. CRIMES PUNISHABLE UNDER THE CAMBODIAN PENAL CODE 1956
PART FOUR: CHARACTER INFORMATION
I. NUON CHEA
II. IENG SARY
III. KHIEU SAMPHAN
IV. IENG THIRITH
PART FIVE: DISPOSITIVE
PART SIX: MAINTENANCE IN DETENTION
I. APPLICATION FOR PROVISIONAL RELEASE OF NUON CHEA
II. MAINTENANCE OF THE ACCUSED IN DETENTION
2 comments:
Why did the court try to shut case 003 or 004 up because if they are to go ahead, it will lead into other cases which is something that they are trying to avoid for a long time. The main criminals are those of the king and his clans that he had created such as Pol Pot including Hun Sen. But Hun Sen is an exception because he was working between the old and the new revolution.
Up until today, not many ex-khmer rough been convicted for war crimes against humanity, but I am also sure that no one in this world can get away from any crime that they have committed. So, it is a matter of time. The judgement day will soon come by then be prepared for the worst outcome for what they had done or otherwis try to repend now before it is too late.
Try to do good, come up with confession and tell all about it. If you do, your sentence will reduced. Hopefully, you too can enter the kingdom of God. E.g. everything that you see every day is only the ilussion and what you do is the good deed that you will earn. So, be good to one another and be true to yourself and to others.
The UN knew that the King is the one that is responsible for his nation's down fall. He was not educated enough to understand about how to be an effective leader. As a matter of fact king is not suppose to play politic. If he was to leave everything for Lon Nol, he would have still be a good king and not 1.7 gone either.
Un however, knew that to trial this king, there will be no benefit for them unlike Sudam Husen, they have like oil to benefit from. Plus they also knew that there are USSR, Viet, Chinese are still behind this ex-king and his monkey family.
I am also angry for the lost of my extended family along with 1.7 millions as well but I'm also sure they all will pay for this in the end.
For Theary, you may small but God is with you every step of the way. If I am Hun Sen, I would get rid of the king and his clans without going through court, in other words just eliminate them all because there are so much evidences to prove that the real criminals are the king and his clans.
If not there will be more problem yet to come like; the challenge between Hun Manate and the present king son Seyhecmonie and then there will be yet another war waiting to happen.
wisdom
who care of this kangaroo trial run by the criminals and their partners? These criminals just add another crime to a well heavy bloody crime
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