In light of the HISTORIC (!) start of MOST COMPLEX (sic!) trial hearings beginning on 27 June 2011 and again ANOTHER HISTORIC (!) START of this same MOST COMPLEX (sic!) on 21 Nov. 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 the basic 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 (sic!) arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956 - sic!). 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
Wat Kirirum Security Centre2387
Location and Establishment
551. Wat Kirirum security centre was located at Phnom Sampeou Mountain,2388 in Phnom Sampeou Subdistrict, Battambang Province.2389 Using the CPK's system of identifying administrative boundaries, Wat Kirirum security centre was located in Phnum Sampeou District, Sector 3, Northwest Zone.2390
552. Wat Kirirum security centre was comprised of a number of distinct sections; the Chanlaoh Kdaong prison, known as the "police site" or the "warehouse prison" , where detainees were held, the pagoda at the top of the mountain (reached by the 'White Stairs") where detainees were executed2393 and the La-ang Teng Khluon, La-ang Lakhaon and La- ang Kangkep caves up the mountain where victims were killed and their bodies dumped.2394
553. The Chanlaoh Kdaong prison was approximately 200 metres to the west of the White Stairs leading to the pagoda.2395 It was approximately 200 metres by 500 metres in area and detained between 50 to 200 people at any one time.2396 It was surrounded by a brick wall with barbed wire fencing enclosing the top of the wall.2397
554. Some evidence suggests that the prison was built in approximately 19762398 and other suggesting it was built between 1977 and 1978.2399 Prior to the construction of the Chanlaoh Kdaong Office, prisoners were arrested and placed in a temporary detention building at Andaung Pring Village2400 or at the Samdech Au Samdech Me Elementary School2401 whilst the site where Chanlaoh Kdaong prison was to be built was used only as an execution site.2402
555. In 1975 the monks and nuns resident in the monastery were disrobed and sent to live in the villages.2403 The pagoda was then converted into part of the Wat Kirirum security centre.2404 The security centre appears to have been fully operational by 1976 and continued to function until the arrival of Vietnamese troops in January 1979.2405
Functioning
Structure and Personnel
556. During the entire period of Wat Kirirum security centre's functioning, the Subdistrict Committee Secretary was [REDACTED].2406 [REDACTED] deputies were [REDACTED] [REDACTED] and [REDACTED].2407
557. [REDACTED] received his orders directly from Ta Chham,2408 though there is some inconsistency in the evidence as to Ta Chham's exact rank; be it at the district, sector or zone level.2409 Despite these inconsistencies, the evidence strongly supports that Ta Chham was a senior-level CPK cadre in the Phnom Sampeou area from 17 April 1975 onwards who was actively involved in supervising the work of the cooperatives and worksites and in implementing the CPK policy of arresting and executing perceived enemies. Ta Chham was arrested and sent to S-21 in January 1978.2410
558. The Northwest Zone Committee Secretary was Muol Sambat alias Ta Nhim alias Ruos Nheum alias Moul Un alias Ta Kao until his arrest by Southwest Zone cadre in May 1978 and his replacement as Northwest Zone Secretary by Ta Mok. Witness evidence supports that Moul Sambat visited Phnom Sampeou a number of times where he would speak with the subdistrict cadres and conduct education meetings for the local population.2413
Arrest and Detention
559. Men, women and children were all detained at Wat Kirirum security centre.2414 Most of the victims arrested were those working in the local cooperatives or were local CPK cadre who had been branded as traitors.2415 Senior CPK cadre would inspect the work in the cooperatives, including [REDACTED].2416 Reports on the activities of the people in the cooperatives were completed in writing at the subdistrict level and were sent to [REDACTED],2417 who would meet with representatives of the villages every 10 days.2418 Biographies were also created (listing the names and activities of former ranking Khmer Republic soldiers) which were sent to the battalion chairman to transmit to the "upper echelon".2419 [REDACTED] had the authority to arrest any person from the cooperatives or the nearby Kamping Puoy worksite, who were deemed to be enemies as well as to decide whether individuals would be killed or not. 2420
560. People were arrested for being lazy;2421 were often threatened to be "sent to Wat Kirirum by the white stairs"2422 Those who were arrested on these grounds were sent for reeducation.2423 People were also arrested because it was believed they were planning to overthrow Angkar and that "volunteers had assembled forces" 2424 One witness recalls, for example, that 20 people who were in the cooperatives in Phnom Sampeou Lich were arrested by Ta Chham, who, on their release had stated "do not be afraid, if I had not arrested everyone, I could not have found the enemy" 2425 Other reasons for arresting people included alleged immorality,2426 stealing fruit2427 or stealing animals.2428
561. According to some witnesses the prisoners of the Chanlaoh Kdaong prison were forced to work in the area around the prison; made to break rocks, perform various construction work,2429 dig canals, build fences, raise pigs and cattle,2430 grow vegetables,2431 cut grass and wood,2432 or carry heavy loads.2433 Moreover children of the CPK cadre guarding the prison kicked prisoners in their heads and beat them with gun butts while they were working.2434
562. Criticism meetings were held at Phnom Sampeou village where cadre would speak about "smashing people" who were immoral, lazy at work, sick a lot and traitors of the regime and that the Party or Angkar had ordered them to smash people who were immoral, lazy at work or sick a lot.2435 These meetings would often be chaired by Ta Chham or [REDACTED] and those branded as enemies would either be arrested or killed on the spot.2436 One witness was present when Ta Chham announced "Don't follow the examples of enemies who create rebel groups. If you dare do so, you will be smashed'.2437
Interrogation
563. The biographies of prisoners would be researched at the Chanlaoh Kdaong prison. Those deemed to be serious offence prisoners would be taken up the White Stairs to the Kirirum Pagoda2438 and the light offense prisoners would be kept in the Chanlaoh Kdaong prison.2439
564. Though, prior to the construction of Chanlaoh Kdaong prison, one witness attests to being detained at the temporary detention building at Andaung Pring wherein he was seriously mistreated (his feet being slashed with a bayonet on suspicion that he had stolen weapons) there is no other eyewitness testimony of any interrogation at Wat Kirirum security centre, and indeed none from the Chanlaoh Kdaong prison or from the Kirirum Pagoda.2440
Executions and Disapperances
565. Wat Kirirum security centre was a "secret place" that people did not dare go near.2441 Witnesses attest to groups of prisoners (ranging from two or three up to approximately 20) being led in shackles by soldiers from the prison up the White Stairs to the pagoda at the top of the mountain.2442 Though two witnesses speak of seeing prisoners being brought back down from the mountain,2443 the vast majority of the evidence supports that groups of prisoners taken up the mountain would not return.2444 One witness states, "I saw the soldiers who had escorted the prisoners return, but none of the prisoners returned" 2445 The CPK cadre would openly state, "When you reach Wat Kirirum, you will have it easy and not have to work anymore".2446
566. According to one witness, everyone in the surrounding villages knew that they took people to Phnom Sampeou to kill them.2447 Witnesses interviewed did not eyewitness the killings (being prohibited from ascending the stairs) but rather observed the bodies of the victims upon venturing up the mountain after the fall of the CPK regime, discovering numerous dead bodies in a number of locations, including the system of caves at the top of Phnom Sampeou,2448 and inside the pagoda where bodies were still shackled to the walls,2449 bodies hanging from the trees along the road to the caves (including children),2450 as well as in the
forest, and in the rice fields between Phnom Kdaong and Phnom Sampoeu. A number of witnesses attest to discovering bodies with their hands still tied behind their backs.2453
567. Witnesses state that inside the caves they saw "hundreds of bodies"2454 and one witness specifies that there were "countless bodies...which were recognizable as the bodies of men, women and children" 2455 Inside the Kirirum Pagoda and scattered alongside the caves witnesses found various execution instruments, some bloodstained, such as wooden clubs, knives, hatchets, long pieces of iron, round steel bars about 60-70 centimetres, bamboo trunks, pieces of wood, handcuffs, wooden shackles and ropes.2456
568. Bodies of victims were deposited in the three caves on Phnom Sampoeu. The caves were the La-ang Teng Khluon or the "Make Up Room"2451 and nearby the La-ang Lakhaon2458 and the La-ang Kang Kep.2459 Typically, the bodies found in the caves were face down and with the rear of their skulls broken.2460
569. Furthermore, witnesses recall discovering an installation of metallic bowls or basins at the height of a kneeling person connected to drilled holes in the wall designed to carry blood out and away from the pagoda,2461 collecting outside in vats of coagulated blood.2462 This device was used to drain the blood from prisoners whose throats had been cut,2463 and has since been removed.2464 Inside the pagoda were chains that were used to prevent prisoners from escaping.
570. Whilst it is unclear as to the exact number of victims that were executed at Wat Kirirum security centre, it is likely that it was very high; taking into account the various locations at which bodies were deposited and the evidence of witnesses, it is likely that the victims numbered in the thousands.
***
571. One (1) civil party was declared admissible with regards to Wat Kirirum Security Center,2466 since the alleged crimes described in the application were considered as being more likely than not to be true, pursuant to Internal Rule 23 bis (4). This civil party has provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes committed at Wat Kirirum Security Center.
1 comment:
All these accounts are true. I experienced living under Khmer Rouge era. It's very horrific.
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