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

S-21

Operation

Organization and personnel

            During the meeting of 15 August 1975, Son Sen appointed Nat as Chairman of S-21 and Secretary of its Committee¹⁸²³ and Duch as Vice-Chairman in charge of the group of interrogators.¹⁸²⁴ The detainees were brought to the S-21 interrogation unit from the Ta Kmao Psychiatry Hospital, which In Lorn alias Nat, with his Division 703 staff, used as a detention centre.¹⁸²⁵ In March 1976, Nat was appointed to a position at the General Staff and Duch replaced him as Chairman of S-21 and Secretary of the S-21 Committee.¹⁸²⁶ Duch maintained Khim Vat alias Hor in the position of deputy in charge of the daily management of S-21. Nun Huy alias Huy Sre was the third member of the S-21 Committee; he was also in charge of S-

1827                                                                                                                                                                                    1828

24. As chairman, Duch was in charge of choosing personnel and provided training, particularly political training, for the staff.¹⁸²⁹ Duch also taught S-21 personnel interrogation methods and techniques for executing detainees.¹⁸³⁰

            Duch ran S-21 on the basis of a hierarchy and set up a sytem for transmitting information at all levels, thereby ensuring that his orders were immediately and precisely followed.¹⁸³¹ S-21

1832                                                                            1833

was divided into several units: the Interrogation Unit; the Documentation Unit (responsible for registering and maintining records);¹⁸³⁴ the Defence Unit, which had two sub- units, the Guard Unit (responsible for guarding the detainees within the prison complex) and the Special Unit. The Special Unit had several duties: it received people who were sent to S- 21 or, in some cases, made arrests or transferred prisoners; it intervened in emergencies and escorted prisoners to Choeng Ek and carried out executions.¹⁸³⁵

            S-21 was both a political and military establishment. Duch states that S-21 was an independent military regiment under the direct control of the General Staff as regards administrative functions, and other matters such as food production, personnel, and training, but was also under the control of the Standing Committee for its duties in regard to security.¹⁸³⁶ Duch reiterated on numerous occasions that from March 1976 to 15 August 1977, his superior was Son Sen, who was replaced by Nuon Chea from that date until the regime ended. Relations between Duch and his superiors are set out in detail in the section of the Closing Order regarding Nuon Chea.

           S-21 was a very important security centre in Democratic Kampuchea: it was considered to be an organ of the Communist Party of Kampuchea ("CPK"); its management reported to the highest echelons of the Party; it conducted activities on a national scale, and senior-level cadres and important prisoners were held there.¹⁸³⁷

Arrests and detentions

Composition of the Incarcerated Population

           According to the revised prisoners list, at least¹⁸³⁸ 12,273 persons are known to have been detained at S-21.¹⁸³⁹ 5,994 were reported to be male, 1,698 female and 89 children.

           The majority of prisoners were Cambodian. The most prominent group was former RAK members (5,609 entries in the revised prisoners list). The purges within the military often led to RAK members of all ranks being sent to S-21. Former RAK members detained at S-21 originated from Divisions 164, 170, 174, 290, 310, 450, 502, 503, 801 and 920, as well as from independent regiments 152, 377 and 488. Personnel from the General Staff were likewise sent to S-21.¹⁸⁴¹ The evidence also shows that 156 S-21 personnel were imprisoned at S-21. Furthermore, it appears that at least 47 S-24 personnel were sent to S-21.¹⁸⁴²

           The second largest group of detainees was composed of CPK cadres (4,371 entries in the revised prisoners list).¹⁸⁴³ It appears that the following zone secretaries were detained at S-21: Ruos Nheum (June 1978);¹⁸⁴⁴ Men San alias Ya (September 1976);¹⁸⁴⁵ and Klang Chap alias Se (August 1978). Members of the Standing Committee included: Vorn Vet (November 1978);¹⁸⁴⁶ and Kung Sophal alias Keu alias Kan (November 197 8).¹⁸⁴⁷ Finally, secretaries of autonomous sectors included: Bou Phat alias Hang (June 1978);¹⁸⁴⁸ Born Nan alias Yi (June 1978);¹⁸⁴⁹ Pa Phal alias Sot (February 1977);¹⁸⁵⁰ and the former Minister of Propaganda, Hu Nim (April 1977).¹⁸⁵¹

            Within the group of former CPK cadres, at least 209 persons detained at S-21 came from Office 870 and S-71, as well as from the following sub-ordinate offices: the telegram operation unit, the Offices under S-71 with the code numbers K-1 to K-18 (and particularly from Ta Lei village, part of K-13), Yo10 (the military unit in charge of protecting CPK leaders) and Stoeng Meanchey and the former B-20. The first arrest was reported on 27 July 1976 and the last was reported on 19 December 1978.¹⁸⁵²

            Before their arrest, at least 113 prisoners were directly under the authority of the Ministry of Foreign Affairs, including those who were at its M-1 Office at Chraing Chamres after having been recalled from DK embassies abroad¹⁸⁵³ (the first arrest was dated September 1976 and the last on December 1978). At least 16 prisoners were arrested from Boeng Trabek and associated offices K-15 and K-17 (the first arrest was dated December 1975 and the last on June 1978¹⁸⁵⁴).

            Throughout the DK era, at least 482 prisoners were arrested from the Ministry of Commerce or from local or central commercial units attached to it, such as fisheries, clothing, government warehouses, transport and the Kampong Som Seaport.¹⁸⁵⁵ The first reported arrest was on October 1975 and the last was reported on March 1978.

            116 detainees were former personnel of the Ministry of Social Affairs or its hospitals and sub- units, including Pha-1, Pha-2 at Chroy Changva, Pha-3 (Psah Cha), Pha 4, Po-17 (17 April Hospital), Po-1 (Calmette), Po-2, Po-3, Po-4 (later Po-6), Ph-5 and the Malaria eradication office. The first arrest was recorded in September 1976, and the last was recorded at the end of December 1978, with a peak in arrests in 1978.¹⁸⁵⁶

            At least 84 detainees were arrested from the Ministry of Propaganda and Education and its sub-units, including offices codes K-25 to K-38, which designated printing presses, the DK radio station, performing arts troupes and journalist groups. The first recorded arrest was on 21 September 1976, and the last was dated 23 May 1978, with an increase in the number of arrests between February and May 1978.¹⁸⁵⁷

            The CPK cadres and the members of the RAK who were arrested came from all zones and autonomous sectors of Cambodia. The numbers increased with the waves of purges, as arrests increasingly targeted higher-level cadres and military commanders. Thus, the number of prisoners coming from the former Central (Old North) Zone rose to 360 prisoners for the whole period, with more than 80 arrests in February 1977¹⁸⁵⁸ (the month after Koy Thuon's arrest¹⁸⁵⁹). Sector 106 accounted for 75 arrests with a peak in March 1977.¹⁸⁶⁰ Some of those

Extraordinary Chambers in the Courts of Cambodia, National Road 4, Choam Chao, Dangkao Phnom Penh                            ₁₁₁

Mailing address: P.O. Box 11, Phnom Penh; Tel: +855(0)23 218914 Fax: +855(0) 23 218941.

arrested were mentioned by Koy Thuon in his confession in which he listed his "traitorous network".¹⁸⁶¹ Finally, for the East Zone, the number rose to 1,165 arrests with close to 500 arrests in the month of June 197 8,¹⁸⁶² which corresponds to the suicide of Sao Phim.

            In addition to the former members of the RAK and the former CPK cadres, other Cambodians appeared in the lists, in particular, former soldiers and cadres of the Khmer Republic or of FUNK (National United Front of Cambodia) 328 entries in the revised list,¹⁸⁶³ teachers, professors, students, doctors, lawyers or engineers (279 entries),¹⁸⁶⁴ people detained because of family ties (876 entries),¹⁸⁶⁵ and a certain number of people whose origin could not be

established.¹⁸⁶⁶

            A certain number of foreign nationals¹⁸⁶⁷ were also detained at S-21, such as Thais, Laotians, Indians and "Westerners".¹⁸⁶⁸ Amongst the foreigners, Vietnamese were the majority. The revised prisoners list mentions the names of at least 345 detainees described as Vietnamese, listing 122 soldiers and 144 "spies" (civilians or combatants). For the remaining 79 detainees (including women and children), who were probably civilians, there is no indication of their status.¹⁸⁶⁹ The presence of Vietnamese at S-21 is similarly confirmed by witnesses,¹⁸⁷⁰ confessions,¹⁸⁷¹ and photographs.¹⁸⁷² The first arrest of a person described as Vietnamese appears in the registrers on 7 February 1976. Duch states, however, that a small number of Vietnamese were sent to S-21 as early as 1975,¹⁸⁷³ and specified that their numbers grew as the conflict with Vietnam escalated.