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

Detention conditions

            Prisoners arrived in S-21 almost daily in groups and at all times of the day or night.¹⁹⁰⁵ The Special Unit escorted them into the prison, usually handcuffed and blindfolded.¹⁹⁰⁶ The prisoners were then registered by the Documentation Unit.¹⁹⁰⁷ They then had to provide biographical information¹⁹⁰⁸ and a summary of their answers was prepared.¹⁹⁰⁹ Generally, they were not informed of the reasons for their arrest. Upon arrival, the prisoners were also photographed.¹⁹¹⁰ They were then escorted to their cells by the guards.¹⁹¹¹

            The prisoners were locked up practically 24 hours per day.¹⁹¹² The detention centre had small individual cells¹⁹¹³ and collective cells holding 20 to 30 detainees, and possibly more. In the collective cells, the prisoners were shackled and chained to one another by their feet.¹⁹¹⁴ Women detainees were not shackled,¹⁹¹⁵ except for those who were resisted.¹⁹¹⁶ Couples and families, including children, were separated.¹⁹¹⁷ All of the prisoners were under constant watch by armed guards¹⁹¹⁸ and received very strict instructions to avoid any escape attempts.¹⁹¹⁹ Although a number of former guards have stated that they were not allowed to strike detainees,¹⁹²⁰ this rule was not always followed.¹⁹²¹

1922                                                    1923

            Prisoners were not allowed to talk amongst themselves or to the guards. Upon arrival at S-21, they were forced to strip to their underwear.¹⁹²⁴ They were prohibited from exercising, or from leaving their cells.¹⁹²⁵ The prisoners had no beds,¹⁹²⁶ and most of them had to sleep on

1927                                                                                                                                                                            1928

the bare concrete floor. Many detainees suffered greatly from mosquito bites. The detainees were not authorized to wash themselves under adequate conditions of hygiene,¹⁹²⁹ and "washing up" consisted of spraying the room with water, using a hosepipe from the doorway.¹⁹³⁰ Confined to their cells, detainees urinated and defecated in the jerry-cans and ammunition boxes provided.¹⁹³¹

1932                                                                                                                          1933

            Food was insufficient and inadequate, and the prisoners were malnourished. Only guards and important prisoners were better fed than the others.¹⁹³⁴ These conditions caused significant physical deterioration¹⁹³⁵ and a number of prisoners died as a result.¹⁹³⁶ Duch explains that decisions regarding food were made by the "higher echelon" and that he was not allowed to change the set rations. According to him, the practice of denying the detainees food was based on deliberate CPK policy.¹⁹³⁷

            Many of the prisoners suffered from illnesses and wounds. Basic medical care¹⁹³⁸ was provided by a small "medical" team,¹⁹³⁹ which had not studied medicine, and worked without the supervision of doctors.¹⁹⁴⁰ Many prisoners who needed urgent medical assistance were left uncared for, or were given inadequate treatment.¹⁹⁴¹ Medicine stocks were extremely limited, and when there were any at all, the medicines were manufactured locally by unqualified persons.¹⁹⁴² S-21 employees also conducted medical experiments on prisoners.¹⁹⁴³

            A small number of detainees were forced to work within the S-21 premises. They were employed in the mechanics' and artists' workshops, working long hours, under the constant watch of guards, without freedom of movement and under the threat of punishment if they failed to produce what was considered satisfactory work.¹⁹⁴⁴ Witnesses state that there was a slight improvement in their food, and their general detention conditions, once they began to work.¹⁹⁴⁵

            Prisoners lived in constant fear of being punished, taken away, beaten, interrogated and executed.¹⁹⁴⁶ The living conditions described above led to the death of detainees in many instances.¹⁹⁴⁷ Some prisoners also attempted to commit suicide because of these

1948

conditions.