Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Sampha, Ieng Sary, Ieng Thirith

In light of 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 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

Trapeang Thma Dam Worksite¹³³¹

Functioning

Security

324.            Some workers, especially "new people",¹⁴³⁹ would be arrested by CPK cadres for "reeducation meetings"¹⁴⁴⁰ and subsequently disappear and never be seen again.¹⁴⁴¹ Informants would be placed amongst the units to enquire about biographies and backgrounds of the workers and identify individuals for arrest, even those who were nonetheless meeting work quotas.¹⁴⁴² They would be accused of "being American CIA agent" or linked to "Yuon".¹⁴⁴³ These workers would be tied and escorted by soldiers or militia to the execution place.¹⁴⁴⁴

325.           Workers who did not meet work quotas were considered to have ideological problems and would be labeled as traitors and transferred to the "Special Case Unit" where quotas were higher (between 3 and 3.5 cubic metres of soil).¹⁴⁴⁵ Any worker failing to meet these quotas would be taken away at night and killed.¹⁴⁴⁶

326.           No witnesses report of any security centre being located at the working site. Witnesses do attest to people being taken for execution on a nightly basis in groups ranging from two or three up to 15 to 20 people at once.¹⁴⁴⁷ None of the arrestees were ever seen returning.¹⁴⁴⁸ One witness states that these disappearances were the direct consequence of "orders from the upper echelon".¹⁴⁴⁹ Unit chairmen were to be informed before any arrests could be made.¹⁴⁵⁰

327.            Many were killed by being beaten and thrown into the reservoir basin. Others would be made to dig their own graves and then clubbed to death.¹⁴⁵¹ Witnesses report of pregnant women being beaten, killed and thrown into the reservoir basin, as the CPK cadre would say that "the dam would hold firmly only if pregnant women were killed and placed at the sluice gate".¹⁴⁵² The "Bridge 1" or "sluice gate 1" was a common execution location.¹⁴⁵³ The bodies would then be dumped at the bottom.¹⁴⁵⁴

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328.            Ninety nine (99) civil parties were declared admissible with regards to Trapeang Thma Dam Worksite¹⁴⁵⁵, since the alleged crimes described in the application were considered as being more likely than not to be true, pursuant to Internal Rule 23 bis (4). These civil parties have provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes committed at Trapeang Thma Worksite.