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

Kampong Chhnang Airport Construction Site¹⁶⁵⁸

Location and Establishment

377.            Kampong Chhnang Airport Construction Site was located in Patlang Village, Kraing Leav Subdistrict, Rolea P'ier District, Kampong Chhnang Province. Applying the CPK's system of identifying administrative boundaries, it was situated in District 20, Sector 31 in the West Zone (Zone 401). The airfield is still present and covers 300 hectares. It is composed of two 2400 metre-long runways, a control tower and an administration block. The site was in total seven kilometres long and included the house of the site supervisor and the site kitchen (both of which were two kilometres southwest of the runway), as well as a tunnel which was under construction in the adjacent hill.¹⁶⁵⁹

378.            The need to build a new military airfield was discussed by the CPK Standing Committee at meetings in late 1975 and early 1976; the choice of Kampong Chhnang became official during the meeting of 19-21 April 1976.¹⁶⁶⁰ Witnesses place early 1976 as the starting point of construction.¹⁶⁶¹ Standing Committee minutes of a meeting show that, in any case, construction was already underway by May 1976.¹⁶⁶² The site was still under construction in January 1979 and was never completed.¹⁶⁶³

Functioning

Structure and Personnel

379.            The CPK Standing Committee took the decision to build an airport at Kampong Chhnang. The minutes of this meeting show that Nuon Chea, Khieu Samphan and Ieng Sary were in attendance at this meeting.¹⁶⁶⁴ In May 1976, Son Sen, the Chairman of the General Staff reported at another CPK Standing Committee meeting, attended by Nuon Chea and Khieu Samphan, on the progress of construction.¹⁶⁶⁵

380.            The construction of the Kampong Chhnang Airport was under the control of Centre Division 502.¹⁶⁶⁶ This Division was created shortly after 17 April 1975, merging personnel from pre­existing units.¹⁶⁶⁷ Like the other Centre Divisions, it reported directly to the General Staff and its Chairman Son Sen.¹⁶⁶⁸ Division 502 was notably in charge of the RAK air force and responsible for all airports in Cambodia.¹⁶⁶⁹ The Secretary of the Committee of Division 502 was [REDACTED]¹⁶⁷⁰ who visited Kampong Chhnang Airport Construction Site on a regular basis.¹⁶⁷¹ Despite his denial in an interview, it appears that [REDACTED] was a leading cadre within Division 502.¹⁶⁷² Witnesses have identified Lvey (deceased) as [REDACTED]'s Deputy for at least part of the time that Kampong Chhnang Airport was under construction. He was in charge of the direct supervision of Kampong Chhnang Airport Construction Site.¹⁶⁷³ Lvey held meetings about construction of Kampong Chhnang Airport every day and gave orders to his assistants and would visit the site daily. Furthermore, criticism/self- criticism meetings were held for cadres.¹⁶⁷⁴ Regular meetings between the Chief of the General Staff Secretary and the senior cadres from the Centre Divisions and Independent Regiments were attended by the Secretary of the Committee of Division 502. During these meetings the cadres reported to Son Sen on various topics including the internal and external enemy situation and sought instructions for implementation at the Division level.¹⁶⁷⁵

381.            Kampong Chhnang Airport Construction Site functioned as one of the means of implementation of the purge process of RAK members as it was used as a tempering site for

RAK members considered as "bad elements" from Division 502 itself¹⁶⁷⁶ or from other divisions or military units. It appears from these minutes of meetings and from letters and reports exchanged between Division 502 and S-21¹⁶⁷⁷ that Division 502 actively participated in the purge of the RAK members. For example, at one of these military meetings on 9 October 1976, the Secretary of the Committee of Division 502 stated "it can be stipulated that the enemies have been basically eliminated, but it is imperative to take further measures to prevent this from happening a second, a third and a fourth and so on again time. The enemy will not be able to do anything to us so long as our military is politically hard and clean. It is imperative to strengthen the party politically, ideologically and organisationally. It is imperative to dare absolutely to conduct purges".¹⁶⁷⁸ At another meeting in March 1977 he stated "it's obvious that number of elements whom we had previously arrested really are enemy elements. More than 50 no-goods have been sent to S-21.There can only be reliability if five more platoon secretaries are removed".¹⁶⁷⁹

388. Several witnesses attest to the Charged Persons visiting Kampong Chhnang Airport Construction Site. One former cadre explains that in early 1977 Khieu Samphan and Ieng Sary visited Kampong Chhnang Airport Construction Site and that they met with the leadership of Kampong Chhnang Airport Construction Site.¹⁶⁸⁰ One former worker states that he saw Ieng Sary, Nuon Chea and Ke Pork visiting the site, watching the workers and meeting with the leadership of Kampong Chhnang Airport Construction Site on several occasions between 1978 and the end of the DK period.¹⁶⁸¹ Another worker saw Khieu Samphan visiting the worksite in late 1977.¹⁶⁸² Similarly, a fourth witness explained that he saw Khieu Samphan coming to Kampong Chhnang Airport Construction Site by helicopter in late 1977 to observe the labourers' work.¹⁶⁸³ Khieu Samphan's driver from 1978 until the end of the regime states that Khieu Samphan never went to Kampong Chhnang Airport Construction Site during that period.¹⁶⁸⁴ Several witnesses also mention the presence of Ta Mok on several occasions at the site.¹⁶⁸⁵