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

Execution of prisoners

452.                  More than 12,273 S-21 detainees were executed at Choeng Ek, within the S-21 complex or nearby, or died as a result of the detention conditions at S-21.²⁰⁰⁰

453.                  In the Duch Judgement, the Trial Chamber noted that "none of the detainees held within the S-21 complex were to be released as they were all due to be executed in accordance with the CPK policy to "smash" all enemies" ²⁰⁰¹ Duch states that prisoners could be executed either on the orders of his superiors, in particular for mass executions,²⁰⁰² or on the basis of a decision by Duch pursuant to the general Party line, which was that all prisoners were to be executed.²⁰⁰³

454.                  Several witnesses testified that at S-21, the decision to execute prisoners was either made by Duch or conveyed by him.²⁰⁰⁴ Duch explains that he initially delegated responsibility for executions to Hor,²⁰⁰⁵ but that following an incident that resulted in the death of a prisoner before his interrogation could be completed, Son Sen insisted that Duch approve every execution.²⁰⁰⁶ In general, the detainees were executed when Duch considered that their confessions had been completed.²⁰⁰⁷ Duch admitted, however, that he had the power to delay the execution of some prisoners if they were skilled workers.²⁰⁰⁸

Executions at Choeng Ek

455.                  The prisoners were transferred by truck to Choeng Ek²⁰⁰⁹ by the Special Unit²⁰¹⁰ in groups of 30 to 40. They were escorted, handcuffed and blindfolded, to the trucks²⁰¹¹ and were under the strict control of the guards during the journey.²⁰¹² The actual destination was concealed from the prisoners and they were told that they were being transferred to another office.²⁰¹³

456.                  A small number of guards were stationed permanently at Choeng Ek; their mission was to maintain the secrecy of the site, dig pits and bury the bodies of the detainees.²⁰¹⁴ These guards were joined by those who escorted the prisoners to Choeng Ek.²⁰¹⁵ When the trucks

arrived at Choeng Ek,²⁰¹⁶ the prisoners were herded into a house.²⁰¹⁷ The guards then took them out one by one and told them that they were being transferred to another house. Him Huy recorded the names of the prisoners in a register before they were taken to the pits for summary execution.²⁰¹⁸

457.                  Several witnesses state that the prisoners were struck on the neck with an iron bar, oxcart axle or water pipe. The guards disemboweled them or slit their throats. The detainees were then kicked into one of the pits, after which the handcuffs and blindfolds were removed.²⁰²¹ Once the executions were over, the guards covered the pits.²⁰²²

458.                  Although some witnesses deny seeing children at the site,²⁰²³ at least one of the pits discovered allegedly contained the remains of children.²⁰²⁴ During the on-site re-enactment, Duch stated that he did not know how children were killed at Choeng Ek, but he did not deny that children were executed there.²⁰²⁵

467. Son Sen and Nuon Chea ordered the mass execution of prisoners on several occasions.

These executions took place successively in Choeng Ek over a period of several days. Often, the prisoners were executed immediately upon arrival at S-21, without being interrogated.²⁰²⁶ Some of these mass executions were the result of purges within the CPK and the RAK. According to Duch, early in 1977, a large number of cadres from the Central (Old North) Zone, Phnom Penh and the RAK were executed following the arrest of Koy Thuon.²⁰²⁷ Early in 1978, there were executions of cadres from the West Zone, followed by executions of cadres from the Northwest Zone.²⁰²⁸ Later, in December 1978, some 300 prisoners from the East Zone who had been accused of rebellion were sent directly to Choeng Ek and executed.²⁰²⁹ Duch added that on 2 or 3 January 1979, Nuon Chea ordered him to execute all of the prisoners who were detained at S-21.²⁰³⁰ About 200 detainees (Cambodians and Vietnamese) were therefore transferred to Choeng Ek and executed.²⁰³¹

Executions on or near the S-21 premises

468. Duch and several witnesses indicate that even after Choeng Ek had become the main execution site, the execution of some detainees, particularly children, former members of S- 21 staff, important prisoners and foreigners, continued on or near the S-21 premises.²⁰³²

469. In some instances, Duch asked that some of the corpses of important prisoners be photographed after execution. These photographs, expressly requested by Son Sen or Nuon Chea, were intended to prove that these prisoners had actually been executed.²⁰³³

470.                  Some of the foreign prisoners detained at S-21 were executed near the S-24 compound. Thus, in 1978, somewhere between Mao Tse Tung Boulevard and the Boeng Tumpung neighbourhood, four foreigners were executed and their bodies burned with tyres on Nuon Chea's specific instructions, in order to ensure that the bodies would not be

found.²⁰³⁴

471.                  Some of the children who were taken to S-21 were executed on its premises. Young children were generally executed immediately after they were separated from their parents, although some of them were allowed a brief respite before their execution. Duch indicates that Peng, a member of the S-21 staff, was in charge of their execution.²⁰³⁵

472.                  Four combatants from a military unit, which, as Duch recalls, was referred to by code name Yo8, were also killed during the mass executions which took place on 2 or 3 January 1979. Duch states that these men were killed with a bayonet by the interrogator [REDACTED] on 7 January 1979, and it was their bodies, still chained to beds, that the Vietnamese soldiers discovered when they arrived in S-21.²⁰³⁶