Closing Order of Case 002 against 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).  Available in Khmer and French.  Contact the ECCC for a free copy.

CLOSING ORDER

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

 

"Morality"

191. Intimate relationships outside of marriage were considered to be against the collectivist approach of the CPK⁶²⁶ and therefore deemed "immoral"⁶²¹ and associated with behaviours from the old regime.⁶²⁸ To this extent the Party's Moral Code stated "Do not take liberties with women"⁶²⁹ and the Armed Force's Moral Code stated "We must not do anything detrimental to women".⁶³⁰ These Moral Codes were also reported to be studied by "the youth"⁶³¹ and the population was encouraged to adhere to the rules therein.⁶³² Those people who were suspected of "immoral" behaviour were categorized as "bad-elements" or "enemies", and were often either reeducated or killed.⁶³³ Additionally, it appears that detainees were routinely questioned about "immorality" during interrogation at security centres.⁶³⁴ Occurrences of "immorality" and their punishments were reported to superiors by CPK cadre. ⁶³⁵ However, around mid-1978, Office 870 issued a circular to the zone level "instructing that light and medium-level prisoners be released" and "moral turpitude" prisoners were indeed released. ⁶³⁶

"Purges"

192. Internal "purges" occurred increasingly in parallel with the evolution of this policy. To "purge" meant to politically purify by means of a range of sanctions, from being demoted or reeducated, to being smashed.⁶³⁷ This applied to both members of the Party and non- members. A number of situations under investigation may be described factually as purges. In particular, the Co-Investigating Judges were seized of two specific purge phenomena which occurred during the CPK regime: the purge of the Old and New North Zones; and the purge of the East Zone.

Purge of the Old and New North Zones

193. Following the decision of 30 March 1976 to conduct "smashings" inside the revolutionary ranks,⁶³⁸ purges were implemented inter alia by mass killings of Party members in the North Zone and in Sector 106, from the end of 1976. This escalated dramatically in early 1977 and continued until the end of that year.

194. Until April 1975, the North Zone (then coded Zone 3 04)⁶³⁹ comprised the post-April 1975 Sectors 41, 42, 43 and 106.⁶⁴⁰ It was then under the control of Secretary Koy Thuon, and Ke Pork ⁶⁴¹ as Deputy Secretary (both were members of the Central Committee).⁶⁴² After April 1975, the North Zone (re-designated Zone 303) included only Sectors 41, 42 and 43, as Sector 106 became autonomous.⁶⁴³ Koy Thuon was transferred to the Centre and became Minister of Commerce⁶⁴⁴ at which time Ke Pork replaced him as North Zone Secretary.⁶⁴⁵ This remained the situation until the intensification of purges in 1977. In the context of these purges, Ke Pork initially became Secretary of a re-enlarged North Zone, reincorporating Sector 106,⁶⁴⁶ and Chan Sam alias Kang Chap alias Se was transferred from his previous posts in the Southwest Zone⁶⁴⁷ to become Zone Deputy Secretary and concurrently Secretary of Sector 106.⁶⁴⁸ Later in the year, a new North Zone (coded 801) was created. It was comprised of Sector 106 and the hitherto autonomous Sector 103,⁶⁵⁰ with Se as Secretary.⁶⁵¹ Sectors 41, 42 and 43 were renamed the Central Zone, with Ke Pork as Secretary.⁶⁵²

195.           Within days of the 30 March 1976 Central Committee decision, Ke Pork, North Zone Secretary, notified Pol Pot and Nuon Chea of his willingness to take measures against alleged traitors within the revolutionary ranks.⁶⁵³ Shortly thereafter, Koy Thuon, former North Zone Secretary and then Minister of Commerce,⁶⁵⁴ was placed under house arrest⁶⁵⁵ for alleged offences (falling short of accusing him of being an enemy agent)⁶⁵⁶ and he appears to have been treated as an element in need of political reeducation, pursuant to provisions of the Democratic Kampuchea Constitution.⁶⁵⁷ He was also expelled from the Party pursuant to its Statute.⁶⁵⁸

196.           Inside the North Zone, the implementation of this 30 March 1976 decision led to the first arrest of a high-level cadre in late 1976, whereby Chheum Meas alias Hah (Secretary of a regiment of North Zone Division 117) was sent to S-2 1⁶⁵⁹ where he was made to produce a confession implicating Koy Thuon.⁶⁶⁰ Around the same time, S-21 cadre arrested the first major Commerce Ministry cadre closely associated with Koy Thuon: Tit Son alias Nhem,⁶⁶¹ who was the number two-ranked member of the Centre Commerce Committee⁶⁶² and who began confessing under torture around November 1976.⁶⁶³

197.           As a result of being implicated in these initial confessions, Koy Thuon was deemed to be a traitor, at which time he was arrested on a decision of the Standing Committee⁶⁶⁴ and sent to S-21, where part of his questioning was conducted by Duch personally.⁶⁶⁵ Koy Thuon confessed to having been a member of a massive network of traitors, encompassing a large number of administrative and military cadres in the North Zone.⁶⁶⁶ This lead to a sharp increase in the scope of the purges, with truckloads of arrestees being sent to S-21.⁶⁶⁷ Duch states that the initial confession of Koy Thuon triggered a massive purge, leading to the arrest of many North Zone cadres.⁶⁶⁸ Ke Pork supervised the purges of Sector 106 and reported on the situation to Committee 8 70. ⁶⁶⁹ A large number of alleged traitors from Sector 106 arrived at S-21 beginning early 1977.⁶⁷⁰ Lower-ranking victims of the purge where executed locally and replaced by Southwest Zone cadre that had been sent to assist in the purge⁶⁷¹ by relatives of Ke Pork.⁶⁷²

198.           The purges of the North Zone continued until 1978. Besides Sector 106, the purges severely affected Zone Division 174;⁶⁷³ Sector 103;⁶⁷⁴ Centre Division 920 and Sector 105;⁶⁷⁵ Centre Divisions 310 and 450;⁶⁷⁶ the Centre' s 870 offices;⁶⁷⁷ former North Zone cadre; and Ministry of Commerce personnel.⁶⁷⁸ More details on purges in the new North Zone are set out in the section of the Closing Order regarding the North Zone security centre. Purge of the East Zone 

 

199.         The purges of the East zone started from mid-1976 with the arrests of Suos Nov alias Chhouk, former secretary of Sector 24, and Chan Chakrei alias Nov Mean, former cadre of East Zone Division 170.⁶⁷⁹ Both were arrested pursuant to a decision of the Standing Committee. Interrogated and tortured, they produced confessions in which they implicated a number of cadre from Sector 24.⁶⁸¹ These confessions were analysed and by mid-September 1976, Son Sen and S-21 staff intensified their pursuit of alleged traitors with regard to cadres and former cadres of the East Zone supposedly implicated as CIA, KGB or Vietnamese agents.⁶⁸² This launched a series of arrests of East Zone cadre, many of whom were sent to S-21 through 1977.⁶⁸³ For example, on 30 April 1977, Seat Chhae alias Tum, former Secretary of Sector 22, was arrested, whose S-21 confession dated 5 June 1977 was followed by a major purge of sector 22.⁶⁸⁴

 

200.            From mid-August 1977, arrests and transfers in the East Zone were orchestrated by Son Sen and Ke Pork,⁶⁸⁵ using regular forces from the Centre, Central Zone units and former Southwest Zone troops placed under Centre command.⁶⁸⁶ In March 1978, a massive escalation of purges of East Zone cadre and combatants occurred in Svay Rieng in Sector 23.⁶⁸⁷ This was followed by even more arrests and executions in May-June 1978 in other parts of the East Zone.⁶⁸⁸ During this time Sao Phim, East Zone Secretary, committed suicide to avoid arrest.⁶⁸⁹

201.            Purges of remaining East Zone cadres, and of cadre who, although operating outside the East Zone were originally from the East Zone, including in various Ministries such as the Ministry of Social Affairs,⁶⁹⁰ continued through to the end of the CPK regime.⁶⁹¹ Some of these cadres were sent from the East Zone to S-2 1 ⁶⁹² while others were killed on the spot⁶⁹³ or moved to other parts of the country.⁶⁹⁴ Many other East Zone or ex-East Zone cadre and combatants were sent for "reeducation" at worksites such as the Kampong Chhnang Airport construction site.⁶⁹⁵

202.            As was the case with the North Zone and related purges, CPK senior leaders used the Party publication Revolutionary Flag in order to justify the ongoing East zone purges, to convince cadres that the Party had been infiltrated by internal enemies, and to encourage them to search out and "smash" such enemies.⁶⁹⁶

203. Further facts relating to the East Zone purges are set out the section of the Closing Order regarding S-21, Kampong Chhnang airport, Steung Tauch execution site and the movement of people from the East Zone (Phase 3).

* * *

204. One hundred and sixteen (116) civil parties were declared admissible in the context of the "purges" conducted by the Democratic Kampuchea regime in the (Old and/or New) North Zone in 1976 and (New) North Zone in late 1976 and early 1977 and in the East Zone in 197 8⁶⁹⁷, since the alleged crimes described in the application were considered as being more likely than not to be true, pursuant to Internal Rule 23 bis (4). These civil parties have provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes of "purges" conducted by the Democratic Kampuchea regime in the (Old and/or New) North Zone in 1976 and (New) North Zone in late 1976 and early 1977 and in the East Zone in 1978.