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

Rape at S-21

452.                  In the Judgment in the Duch Case, the Trial Chamber found that one incident of rape occurred at S-21.¹⁹⁹² An S-21 staff member inserted a stick into the vagina of a detainee during interrogation.¹⁹⁹³ According to Duch, when the rape incident was reported to him, he discussed it with Hor. He states that he ordered Hor to reprimand the offender. Duch added that he reported the incident to his superiors, but received no response. He therefore did not punish the perpetrator, but merely assigned him to interrogate someone else. He also subsequently gave instructions that interrogations of female prisoners were to be conducted by the wives of cadres. Although this measure was implemented,¹⁹⁹⁴ according to Prak Khan, the female interrogators were all ultimately arrested, and by 1977, female prisoners were again interrogated by men.¹⁹⁹⁵

453.                  Furthermore, civil party [REDACTED] states that she was raped during her detention at S- 21 in 1977 by a guard whom she recognised during the Duch trial before the ECCC. The rape took place in an individual cell while she was in chains, and led to vaginal bleeding which lasted for several days. The guard in question also threatened to kill her if she mentioned the rape to anyone.¹⁹⁹⁶ In its Judgment in the Duch case, the Trial Chamber rejected [REDACTED] Civil Party application, finding that the evidence she submitted was not sufficient to establish notably that she was detained at S-21.¹⁹⁹⁷ Following this rejection, the facts set out above, which are distinct from the ones put forward at the hearing, have now come to light, and led the Co-Investigating Judges to conduct a second interview in Case No.002. After this new investigative action, the Co-Investigative Judges consider that the clarification provided by this Civil Party appears credible and sufficient according to the requirements at this stage of the proceedings.