Closing Order of Case 002 against Senior KR Leaders 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

 B. WORKSITES AND COOPERATIVES Tram Kok Cooperatives¹²³³

^Functioning

Security

315.            The process by which people were identified as enemies and subsequently reeducated or arrested is explained by former District Secretary, [REDACTED].¹³⁰² He states that when people in the subdistricts were accused of wrongdoing they would first be reeducated by the village and subdistrict. If they continued to disobey, the subdistrict would ask for the opinion of the District Committee. The District Committee would then hold a meeting to discuss the matter and make a decision. For example, a report from Nheng Nhang Subdistrict to the district sets out the biography of an "enemy" listing various alleged offences. A return note on the bottom of the document from the District Secretary to the subdistrict instructs that he is to be arrested.¹³⁰³ [REDACTED] states that before any specific action could be taken, the Sector Committee would first be consulted. The Sector Committee's decision would then be implemented by the District. If the decision was to reeducate, notwithstanding whether the individual was a CPK cadre or a civilian, he or she was arrested by the subdistrict militia and sent to Kraing Ta Chan Security Centre.¹³⁰⁴

316.            Several witnesses recall that "immoral acts" were punished.¹³⁰⁵ This is further confirmed by documentary evidence.¹³⁰⁶ One witness who attended Sector 13 Committee meetings recalls being told about a "one-husband-one-wife" policy where anyone committing immoral acts would be "smashed".¹³⁰⁷ 

317. The militia at the subdistrict level arrested, detained and interrogated people. According to some witnesses the militia did not have authority to carry out executions, which would be decided at the district level.¹³⁰⁸ One witness who lived in Samrong subdistrict recalls meetings at which people were accused of misconduct and he saw cadre shaving "X" shapes into the heads of men and women before parading them in front of the meeting: these people were then placed in a detention facility run by the subdistrict militia.¹³⁰⁹ Several District 105 documents confirm that the subdistrict militia would interrogate prisoners, using both "hot" and "cold" methods, before involving the district.¹³¹⁰ For example, in a document which appears to be from one of the subdistricts to the district, the writer reports that in respect to one youth who was accused of repeatedly stealing, "I have even held (collective) meetings for judging him 3 times so far. Moreover, I have let the youths in the group and unit wrap his face up with a plastic sheet, shackle and interrogate him, but still he was not deterred".¹³¹¹ 

318. Prior to 1975, a witness who lived in Tram Kok subdistrict remembers cadre arresting people who were accused of being wealthy or having lots of paddy land. They were told that they were being sent away to study. After 1975 some of them returned to the subdistrict while others did not. During the CPK regime, cooperative residents continued to disappear. Often people were taken away at night.¹³¹⁴ Former District Secretary [REDACTED] recalls in interview, "some people came to ask me, who was then the District secretary, for help with the disappearance of their relatives and children. I told them that I was not able to help with that. People came to make complaints to me about the disappearance of their relatives and children because their relatives had conflict about politics and were accused of being the traitors".