Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, 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 thebasic 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

Srae Ambel Worksite

Security

377.            Some witnesses state that workers were arrested or taken away, in effect disappearing.¹⁶⁴⁷ Most of the witnesses did not know where they were sent whilst others state that they were sent to Phnom Salong Security Centre in Traing District, Takeo Province in the Southwest Zone.¹⁶⁴⁸ One witness states that people disappeared after they were called for "carrying baskets".¹⁶⁴⁹ Arrests regularly took place during the night.¹⁶⁵⁰ Witnesses did not know who carried out these arrests.¹⁶⁵¹ Some understood that these workers were arrested because of their alleged connections to the former Khmer Republic regime¹⁶⁵² or because they had committed immoral acts.¹⁶⁵³ Workers were frightened to be taken away as well.¹⁶⁵⁴

378.            Finally, some workers attempted to escape by crossing the sea or by taking advantage of assignments that were supervised by fewer guards, for example when chopping firewood. Those who were arrested were brought back and presented, during meetings, as bad examples, sent for reeducation at another site or disappeared.¹⁶⁵⁵ Other workers died during their escape attempts.¹⁶⁵⁶

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379.            Seventeen (17) civil parties were declared admissible with regards to the Srae Ambel Salt Worksite¹⁶⁵⁷, 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 the Srae Ambel Salt Worksite.