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

E. THE REGULATION OF MARRIAGE

Dates & Participation

 216.            There is evidence that the CPK forced people to marry as early as 1974.⁷⁶⁴ In September 1977, Pol Pot articulated a CPK objective of increasing Cambodia's population to 20 million within ten to fifteen years.⁷⁶⁵ He also stated that marriage ceremonies were to be held for groups of couples at the same time.⁷⁶⁶ The policy relating to population growth was reaffirmed at a national medical conference opened by Pol Pot and attended by representatives of the CPK government ministries and offices, zones and sectors and the armed forces.⁷⁶⁷ The implementation of a system of marriages arranged by the Party authorities among the population and within the Party itself was disseminated through CPK publications⁷⁶⁸ and reported to superiors through CPK telegrams.⁷⁶⁹ A report from the West Zone to Angkar provides information about marriage statistics and birth statistics.⁷⁷⁰ 

217.            Official documents and statements refer to the supposed voluntary basis of such marriages: Pol Pot stated that "young men and young women [were to] build up families on a voluntary basis"¹¹¹ and marriages were said to be based upon a person's proposal of a spouse according to the decision of the command committee.⁷⁷² Numerous witnesses state that they were forced to marry.⁷⁷³ Even those officials who stated that individuals freely agreed to marriage note that, in practice, people were not able to assert their opposition for fear of violence or death.⁷⁷⁴ 

218.            In furtherance of this policy, single people in their twenties or early thirties⁷⁷⁵ were forced to marry⁷⁷⁶ by CPK authorities,⁷⁷⁷ usually in official buildings or in public places.⁷⁷⁸ After being made to spend a short period of time together, couples were required to return to their daily work and were brought together only when the CPK regime required⁷⁷⁹ including in some cases to ensure consummation of the marriage.⁷⁸⁰ Some persons who did not agree to marriage in accordance with the Party line were deemed to be "enemies"⁷⁸¹ however this was not applied in all instances of refusal.⁷⁸²