Closing Order of Case 002 (Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith)

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).

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CLOSING ORDER

of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010

We, You Bunleng and Marcel Lemonde, Co-Investigating Judges of the Extraordinary Chambers in the Courts of Cambodia (the "ECCC");

Noting the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia, dated 27 October 2004 (the "ECCC Law");

Noting Rules 55, 66 and 67 of the ECCC Internal Rules (the "Internal Rules");

Noting the judicial investigation relating to charges of Crimes against humanity, Grave breaches of the Geneva Conventions dated 12 August 1949, Genocide, Murder, Torture and Religious persecution, offences defined and punishable under Articles 3, 4, 5, 6, 29 (new) and 39 (new) of the ECCC Law, and 209, 210, 500, 501, 503 to 508 of the 1956 Penal Code, against:

-          Nuon Chea, male, born on 7 July 1926,

In detention (Provisional Detention Order dated 19 September 2007 (C9); Orders on Extension of Provisional Detention, dated 16 September 2008 (C9/3) and 15 September 2009 (C9/6);

-          Ieng Sary, male, born on 24 October 1925,

In detention (Provisional Detention Order dated 14 November 2007 (C22); Orders on Extension of Provisional Detention, dated 10 November 2008 (C22/4) and 10 November 2009 (C22/8);

-          Ieng Thirith, female, born on 10 March 1932,

In detention (Provisional Detention Order dated 14 November 2007 (C20); Orders on Extension of Provisional Detention, dated 10 November 2008 (C20/4) and 10 November 2009 (C20/8);

-          Khieu Samphan, male, born on 27 July 1931,

In detention (Provisional Detention Order dated 19 November 2007 (C26); Orders on Extension of Provisional Detention, dated 18 November 2008 (C26/4) and 18 November 2009 (C26/8);

Noting the Co-Prosecutors' Introductory Submission dated 18 July 2007 (D3);

Noting the Separation Order dated 19 September 2007 (D18);

Noting the Co-Prosecutors' Supplementary Submissions dated 26 March 2008 (D83); 13 August 2008 (D98/I); 30 April 2009 (D146/3); 31 July 2009 (D196); 5 November 2009 (D146/4); 26 November 2009 (D146/5) and the "Clarification of Allegations Regarding Five Security Centres and Execution Sites Described in the Introductory Submission", dated 11 September 2009 (D202);

Noting the Notice of Conclusion of Judicial Investigation dated 14 January 2010 (D317);

Noting the Forwarding Order dated 19 July 2010 (D385);

Noting the Co-Prosecutors' Final Submission dated 16 August 2010 (D390);

Noting Ieng Sary's Response to the Co-Prosecutors' Rule 66 Final Submission and Additional Observations dated 1^st September 2010 (D390/1/2/1.3);

Noting the Dismissal Order issued on 14 September 2010 in respect of KAING Guek Eav alias Duch (D420);

Considering that the judicial investigation reveals the following facts:

[ to be cont'd ]