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

Kraing Ta Chan Security Centre

Location and Establishment

489.                  Kraing Ta Chan was located in Kus Subdistrict, Tram Kok District, Takeo Province.²¹²¹ Applying the CPK's system of identifying administrative boundaries, it was located in District 105, Sector 13, Southwest Zone.²¹²² The former Chairman of Kus Subdistrict (and former Chairman of Kraing Ta Chan), [REDACTED], recalls that Kraing Ta Chan was originally a CPK meeting site. In mid-1973 it was converted by the Sector Committee into a detention office under the control of the District 105 committee.²¹²³ It was operational for the duration of the CPK regime.²¹²⁴ There is some discrepancy between witnesses as to the exact appearance of the site. However, they generally agree that after the district took control, it evolved into a fenced-in compound containing several wooden buildings used for prisoner incarceration, cadre accommodation, interrogation, and dining.²¹²⁵

Functioning

Structure and Personnel

490.                  Witnesses and District 105 documents demonstrate that the chain of command implemented by the CPK nationwide operated in Sector 13 even prior to April 1975. The subdistricts reported to the District Committee, which reported to the Sector Committee, which in turn reported to the zone. If the tier above gave an order, ordinarily the tiers below had to obey.²¹²⁶ If lower tier cadres acted contrary to orders from above or did not seek their consent to a course of action, they were arrested and killed.²¹²⁷ However, it appears that in special cases a level could be circumvented. For example, if the sector sent a summons directly to the subdistrict, then the subdistrict could respond without having to go through the district.²¹²⁸ Orders travelled down the ranks, from the centre to the subdistrict, through a variety of means.

491.                  Meetings were the most common method of conveying orders and receiving reports, as paper was scarce.²¹²⁹ One witness who was based at the 'Southwest Zone Commerce' building in Phnom Penh recalls seeing many senior Southwest Zone leaders including the Zone Secretary, Ta Mok, and the Sector 13 Secretary, Ta Soam, attending meetings with Angkar in Phnom Penh.²¹³⁰ Once every three to six months, the zone would meet with the sector committee. Following these meetings, the sector would meet with the district and subdistrict to convey the work plan and to give instructions on how the people under their authority should be controlled and educated. The situation both within and outside the country was also discussed.²¹³¹ Former District Youth Chairman, [REDACTED], remembers attending such meetings at which the Sector Secretary Ta Saom would read out documents containing instructions from 870 (a code number which [REDACTED] understood to mean the office at the Centre) including Revolutionary Youth and Revolutionary Flag. He says these meetings would take place two to three times a month, not including special circumstances when 870 would issue a circular requiring everyone to meet at the sector office. The sector invited the chairmen of the districts and subdistricts to these meetings, who would in turn disseminate instructions to their units.²¹³²

492.                  Former Secretary of District 105, [REDACTED], recalls being present at a Sector Committee meeting at which Ta Soam reported to Ta Mok on matters relating to Kraing Ta Chan.²¹³³ After the meeting had ended, Ta Mok and Ta Soam discussed the fate of a group of 60 people living in Tram Kok District who had been implicated in confessions. Ta Mok ordered the district secretary to monitor and examine these people.²¹³⁴ [REDACTED] also recalls attending several Party anniversary meetings presided over by Ta Mok. These meetings were initially held at secret sites, but later moved to the sector headquarters. The meetings were attended by senior members of the zone to discuss politics and the revolution. Ta Mok lectured on how to recognise CIA and KGB agents and their activities. [REDACTED] understood from Ta Mok that these enemies were to be identified and smashed.²¹³⁵ [REDACTED] also remembers attending a Sector level meeting presided over by Ta Soam. He states that, in relation to politics, Ta Soam told those present to observe if there were hidden enemies burrowing from inside. He ordered them to report such cases to the upper echelon, and said that such observations could only be carried out by the cooperatives.²¹³⁶

493.                  The chairman of Kraing Ta Chan would usually report and send confessions to the district committee, which would in turn send them to the sector. However, if the matter only concerned the Sector, he would report to the sector committee directly.²¹³⁷ At the end of every month, the district secretary would send a written report on its activities to the sector.²¹³⁸ [REDACTED] recalls, and District 105 documents from July and November 1977 show, that the Chairman of Kraing Ta Chan would also make a monthly report to the District. The report would include the total prisoner intake, numbers of prisoner deaths due to illness and executions, total population, economic expenditure, and food production.²¹³⁹

494. The precise composition of each committee changed over time as individuals were relocated, arrested or passed away. However, it appears that the following individuals were secretaries of District 105 at different times: [REDACTED], [REDACTED], [REDACTED], [REDACTED], and Kit.²¹⁴⁰ The secretaries of Sector 13 included Ta Soam and Prak.²¹⁴¹ The Southwest Zone Secretary was Ta Mok.²¹⁴²

495. Some witnesses, including [REDACTED], describe the witness [REDACTED] as the first Chairman of Kraing Ta Chan. However, [REDACTED] denies ever formally holding this position, and states that he merely assisted at Kraing Ta Chan in his capacity as Chairman of Kus Subdistrict.²¹⁴³ In any event, by April 1975 [REDACTED] had been relocated, and his deputy, [REDACTED], had become chairman with twelve soldiers working beneath him.²¹⁴⁴ [REDACTED] was chairman at least until September 1978.²¹⁴⁵ It appears that [REDACTED], and later, [REDACTED] reported directly to [REDACTED], who was a member of the district committee and likely tasked with district security.²¹⁴⁶

496. It appears that senior cadres visited Kraing Ta Chan. Though some evidence suggests that Ta Mok inspected the prisoners on several occasions, former District 105 Youth Chairman, [REDACTED], [REDACTED], and [REDACTED] either dispute or do not recall this.²¹⁴⁷ However, none of these three witnesses were present at Kraing Ta Chan during the whole of the relevant time. Further, one witness believes he saw Nuon Chea visit Kraing Ta Chan and talk to [REDACTED]. However, [REDACTED] denies this event ever took place.²¹⁴⁸ Witnesses state that successive district chairmen including [REDACTED], Kit, and [REDACTED], would regularly visit Kraing Ta Chan.²¹⁴⁹