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

Means and Method of the Movement

Means

228. The persons enforcing the movement of the population from Phnom Penh were identified by witnesses as "Khmer Rouge" troops.⁸²⁹ They were described as wearing black⁸³⁰ or khaki⁸³¹ clothes, some with scarves⁸³² or kramas around their necks.⁸³³ The "Khmer Rouge" troops were often armed.⁸³⁴

229.        The troops made announcements⁸³⁵ generally over loudspeakers or megaphones⁸³⁶ that the population had a limited time period to leave Phnom Penh.⁸³⁷ In some instances the CPK troops were reported to have had lists of names⁸³⁸ and were allocated specific areas of the capital to supervise the movement of the population.⁸³⁹ 

230.  Various contingents of the CPK army were identified as implementing the Phnom Penh population movement,⁸⁴⁰ namely the North Zone forces⁸⁴¹ (including Division 1 under Commander Oeun),⁸⁴² the Southwest Zone forces,⁸⁴³ the Special Zone forces,⁸⁴⁴ and the East Zone army;⁸⁴⁵ and witnesses report that the units had differing attitudes towards the population.⁸⁴⁶ 

231. People did not resist the instruction to leave Phnom Penh.⁸⁴⁷ According to certain witnesses there was no particular violence on the part of certain CPK troops.⁸⁴⁸ However, most witnesses state that the CPK troops engaged in threats⁸⁴⁹ and the use of force to ensure people left their homes.⁸⁵⁰ Witnesses reported hearing gunshots.⁸⁵¹ 

232.   Other witnesses state that the CPK troops shot people dead if they refused to leave their homes.⁸⁵² Civilians were also shot in the cross-fire targeting Lon Nol soldiers.⁸⁵³ Some witnesses reported seeing dead bodies in the streets of Phnom Penh.⁸⁵⁴ Others stated that the CPK troops were instructed to do whatever was needed to ensure people left Phnom Penh.⁸⁵⁵ 

233.            Ill treatment and acts of violence, such as beating and shooting in the air, were also reported against the civilian population.⁸⁵⁶ There are reports that personal property was taken by the CPK troops from Phnom Penh inhabitants.⁸⁵⁷ 

234.  With respect to Lon Nol soldiers, some were reportedly disarmed by CPK troops⁸⁵⁸ and in some instances made to leave the city with the civilian population.⁸⁵⁹ On other occasions it is reported that Lol Nol soldiers were identified by questioning and taken away separately from the people leaving the city.⁸⁶⁰ There was an announcement in advance that "Angkar" would forgive all the people from the former regime except seven high level officials⁸⁶¹ and that the CPK soldiers requested former Lon Nol soldiers, governmental officials and police officers to report for work for the Party, however these individuals were then taken away to an unknown location before disappearing.⁸⁶² 

235.      Some Lon Nol soldiers were shot if they refused to lay down their arms or showed any resistance.⁸⁶³ In particular there is a written order signed by Comrade Pin ordering a list of Lon Nol officers be "smashed'⁸⁶⁴ and one witness states that Son Sen ordered the arrest of high-ranking civil servants of the Lon Nol regime, including those in hospital. These people were later killed and thrown into a well in the Tuol Kork area.⁸⁶⁵ Witnesses refer to seeing executions of Lon Nol soldiers⁸⁶⁶ and seeing dead bodies of Lon Nol soldiers in the streets.⁸⁶⁷ 

Methods 

236.  Witnesses do not refer to being provided with transport⁸⁶⁸ other than limited reference to the use of military trucks.⁸⁶⁹ Most people travelled on foot,⁸⁷⁰ others drove or pushed their cars or other vehicles, including scooters or motorbikes and bicycles or cyclos. In some instances boats were used.⁸⁷⁴ 

237.   The CPK troops told people not to take many personal belongings⁸⁷⁵ in some cases specifying it was not necessary⁸⁷⁶ because they would be leaving for a short period of time, and in others specifying that it was not possible to take items with them since people had to leave quickly. Most people left their personal belonging inside their houses. For people who were carrying their personal belongings, there was no evidence of assistance provided to them.⁸⁷⁹ People carried items on their heads or shoulders, in carts or in their vehicles.⁸⁸⁰ People took with them items such as rice,⁸⁸¹ money, medicine, school books or clothing,⁸⁸² and they were also assisting those who were sick and elderly.⁸⁸³ 

238.  There is some evidence that food or other forms of support were provided to the population during the journey from Phnom Penh.⁸⁸⁴ There is evidence that certain CPK troops provided some rice for the people to eat⁸⁸⁵ although some of these witnesses also report having to drink dirty water from ponds along the way⁸⁸⁶ and that the CPK cadre noted the names of those who received food and the names of those who did not want to continue travelling.⁸⁸⁷ Two witnesses state that they did not see people starving during the population movement from Phnom Penh.^m       receiving any medicine.⁹⁰⁰ Some CPK troops took property from people as they travelled from Phnom Penh.⁹⁰¹ 

 240.     Witnesses refer to seeing corpses along the road⁹⁰² of people who had been shot dead.⁹⁰³ People were killed along the road for small things such as not wanting to abandon their bicycles.⁹⁰⁴ Although some witnesses state that they did not see any mistreatment by CPK soldiers against civilians⁹⁰⁵ or that they did not see anyone die along the road,⁹⁰⁶ Ieng Sary states that 2,000 to 3,000 people died during the evacuation of Phnom Penh.⁹⁰⁷