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

VIII. FACTUAL FINDINGS OF CRIMES

A. MOVEMENT OF THE POPULATION Movement of the Population from Phnom Penh (Phase 1)⁷⁸³

Pre-1975 Situation

221. Between 1970-1975 the population of Phnom Penh greatly increased to several million due to internally displaced people coming to the city from the countryside seeking protection from the conflict.⁷⁸⁴ 

222. Health service personnel⁷⁸⁵ and facilities⁷⁸⁶ were of decreased capacity during this period and services were less available in the countryside than in the cities, largely due to the on-going conflict between CPK forces and the Lon Nol regime.⁷⁸⁷ Hospitals in the capital were over- crowded⁷⁸⁸ and of varying quality.⁷⁸⁹ Health represented under 3% of the national budget at the end of 1974, compared to 5.7% in 1968.⁷⁹⁰ 

223. Although hunger and malnutrition were matters of concern during the conflict period prior to1975, there are no reports of widespread famine or epidemic risks. This was largely due to foreign agencies supporting the population,⁷⁹³ although the ability to assist affected communities decreased as the insecurity grew.⁷⁹⁴

Departure

224. With the entry of CPK troops in the capital,⁷⁹⁵ the population of Phnom Penh was made to depart the city,⁷⁹⁶ from the morning of 17 April 1975,⁷⁹⁷ continuing for several weeks,⁷⁹⁸ including during the evening hours.⁷⁹⁹ Persons generally departed from their family homes located throughout the city.⁸⁰⁰

People Moved

225. The persons made to leave Phnom Penh were predominantly civilians⁸⁰¹ including men, women, the elderly, children,⁸⁰² and monks.⁸⁰³ Doctors and nurses were also made to leave;⁸⁰⁴ as well as hospital patients, wounded and sick people,⁸⁰⁵ and mothers who had just given birth.⁸⁰⁶ Entire families were made to leave Phnom Penh⁸⁰⁷ although frequently family members were separated from each other.⁸⁰⁸ 

226. The precise number of persons who were made to leave Phnom Penh is unclear, although the total figure is likely to be 1.5 to 2.6 million people.⁸⁰⁹ Witnesses refer to seeing masses of people travelling in the streets⁸¹⁰ and that the entire city was emptied of people.⁸¹¹ Before 17 April 1975, the CPK claimed that the population in Phnom Penh and other areas controlled by the enemy was around one million.⁸¹² After 17 April 1975, the CPK officially estimated that the total number of persons moved from Phnom Penh was two million.⁸¹³ Later the CPK put the number of persons moved from Phnom Penh and provincial capitals at around three million⁸¹⁴ (although the same figure of three million was sometimes also cited for the population moved from Phnom Penh alone, including by Ieng Sary).⁸¹⁵ In 1977, the CPK changed their estimation of total number of people moved to four million.⁸¹⁶ 

Initial Destination

227. The civilian population left Phnom Penh by the national roads in all directions: north, south, east and west of the city.⁸¹⁷ In general, people were not provided with directions⁸¹⁸ nor informed of the final destination⁸¹⁹ other than to go to rural areas⁸²⁰ or to their birth place or home village.⁸²¹ On occasion CPK troops made people change their route.⁸²² The evidence shows that the people left Phnom Penh for most of the zones in Cambodia.⁸²³ The local communities were often instructed to receive the newly arriving population and provide food and shelter, although it was generally not sufficient for the number of arrivals.⁸²⁴ In other cases, the civilian population from Phnom Penh was either housed in halls⁸²⁵ or had to establish their own accommodation.⁸²⁶ Some people became ill from the journey from Phnom Penh or from the conditions on arrival.⁸²⁷ People who had originated from Phnom Penh were identified as "new people" or "17 April people" or "depositee people" and were often targeted on arrival based on this identity.⁸²⁸