Saturday, June 25, 2011

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
Movement of Population from the East Zone (Phase 3)

283. From late 19771140 and continuing throughout 1978,1141 large numbers of people residing in the East Zone, as defined by the CPK system of identifying administrative boundaries, were transferred out of this Zone. In light of the many witness statements, it appears that the displacement process commenced within the context of an escalating purge of the East Zone.1142 

284. The witness statements and evidentiary material relate, in particular, to the population movement from the Provinces of Prey Veng,1143 Svay Rieng,1144 and Kampong Cham (Kroch Chhmar1145 and Ponhea Krek1146 Districts). A significant number of those people moved from Prey Veng and Svay Rieng Provinces were sent either to Pursat1147 or Battambang Province, both in the Northwest Zone;1148 whereas many of those moved from Kampong Cham appear to have been sent to Kampong Thom Province, in the Central (Old North) Zone.1149 According to certain witnesses, there was movement of East Zone military personnel to Kampong Chhnang Province in the West Zone, during the same period.1150 In the final days of the CPK regime, there is evidence of a final movement of remaining civilians from some locations in the East Zone, especially to the Northwest Zone.1151 

People Moved 

285. Concerning the categories of persons displaced, a large part of the testimony refers to either CPK cadres and soldiers, or people accused of being traitors/bad elements, connected with the Vietnamese ("Yuon"),1154 or linked with the purged East Zone Secretary, Sao Phim.1155 There is also evidence concerning people linked with the former Sihanouk regime1156 or the regime of the Khmer Republic1157 and those considered to be "new people"1158 who had previously been moved from Phnom Penh and other towns such as Svay Rieng,1159 as well as Buddhists monks,1160 Cham,1161 ethnic Chinese1162 and people of Vietnamese origin.1163 There were young people, the elderly, men, women, and children amongst those displaced.1164


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