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
Location and Establishment
351. The 1st January Dam worksite was established to construct an irrigation system.1457 The dam was built in order to form a reservoir blocking the river Stoeung Chinit, covering areas in Baray District and Santuk Districts of the current Kampong Thom Province,1458 which according to the CPK system of identifying administrative boundaries were in Sectors 42 and 43 of the North Zone,1459 subsequently redesignated Central (Old North) Zone, most likely whilst the dam was under construction. 1460
352. A series of canals were dug to irrigate the rice fields. The main artery was 20 metres wide leading to smaller canals of two to three metres wide.1461 The 1st January Dam was linked by the main artery to a second dam known as the "6th January Dam".1462 The construction of the 1st January Dam started in late 1976 or early 19771463 and was completed by the time the construction of the 6th January Dam started in early 1978.1464
Functioning
Structure and Personnel
353. The construction of the 1st January Dam was under the responsibility of the Central (Old North) Zone Committee, the Secretary of which was Ke Pork,1465 also a member of the CPK Central Committee.1466 As a result, communication between the Zone and the Centre went through Ke Pork. Duch states that Ke Pork would go to Phnom Penh to attend the annual meeting of the heads of the Zones or when summoned by Pol Pot.1467 A number of witnesses mention the importance of communicating by telegram.1468
354. The overall plan for the 1st January Dam was given by the Zone Secretary Ke Pork1469 to the Zone Public Works Office, which was initially headed by Sao.1470 Sao was assisted by a group of technicians that included [REDACTED] and Pech Sokha.1471 Both [REDACTED] and Pech Sokha had previously studied irrigation and hydroelectricity in Phnom Penh at Russei Keo School in Phnom Penh.1472 [REDACTED] became the Zone Public Work Office Chairman1473 further to Sao's disappearance.1474 [REDACTED] said he reported to Ke Pork, or to his forces when they would come to check the worksite.1475 Some witnesses observed that these visits would happen regularly.1476 Oeun, a senior cadre significantly involved in the construction,1477 was eventually appointed Secretary of Sector 42,1478 where the worksite was located.
355. The construction of the 1st January Dam and its supervision involved all levels of the Party hierarchy. Each level was assigned specific responsibilities and occupied a place in the formal chain of command from the unit chiefs to the subdistrict, district, and sector cadres up to the zone.1479 Between one to two times a year a Zone Meeting was held, presided by Ke Pork and attended by subdistrict, district and sector committee members where work results were reported.1480
356. The composition of the Central (Old North) Zone sectors, districts and other committees changed overtime as some of their members were arrested and disappeared during the construction of 1st January Dam.1481 The Secretaries of Sectors 41, 42 and 43 and some of their replacing cadres disappeared.1482 Some were sent to S-21.1483 The committees of the three sectors - 41, 42 and 43 - were in charge of gathering work forces from all districts to participate in the construction of the 1st January Dam.1484 Sectors communicated to districts through meetings and reports.1485 It was the same for districts and subdistricts, to whom they distributed work and gave orders as to the implementation of the plans.1486 Workers were divided into units under the authority of a chief1487 appointed by Subdistrict cadre and village chiefs.1488 Meetings were the occasion to control whether quotas where met, whether orders were respected and people had to confess wrongdoings.1489 "Lower echelon" had to report to the "upper echelon" about issues such as shortages of food or medicine,1490 or construction and security matters.1491 One former village Chairman explained that when work was not progressing according to plan members of the "lower level" were accused of treason, sometimes by their team leaders, and killed.1492 Other witnesses report that unit chiefs and team leaders were involved in the decision making process leading to some of the workers being taken away1493 or otherwise punished.1494 Certain members of the local militia were seen carrying clubs, hoes, guns or knives1495 and were known to perform killings.1496 Some witnesses indicate that security people and some local cadres1497 were from the Southwest
Zone.1498
357. Pol Pot visited the 1st January Dam worksite at least once on its inauguration1499 together with foreign visitors.1500 Ieng Sary1501 and Khieu Samphan,1502 Ta Mok1503 and Son Sen1504 were also seen at the 1st January Dam worksite. Nuon Chea1505 also went to the worksite and "encouraged people to try hard to preserve water for planting rice".1506 Ieng Thirith visited the 1st January Dam along with a Laotian delegation in April 1977.1507 According to one witness, on that occasion, those who were to greet Ieng Thirith were given enough food and smart clothes and she was made aware of the shortages of medicine while visiting a
hospital.1508
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