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
North Zone Security Centre2467
Location and Establishment
569. The North Zone security centre was located in Siem Reap town, Siem Reap, Oddar Meanchey Province which according to the CPK's system of identifying administrative boundaries was in Sector 106 New North Zone (801).2468 In February and March 1977 cadre from the Southwest Zone arrived to replace the Sector 106 leadership including Secretary [REDACTED] and Chief of sector security Yang Peou.2469 This led to the creation of the New North Zone.2470 The creation of the New North Zone was announced by Nuon Chea during a meeting in Sector 103 in late 1977.2471 Whilst North Zone security centre was originally the security centre for former autonomous Sector 106, sometime after 17 April 1975, it functioned, once the zone was established, as the security centre for the whole zone, including both former autonomous Sector 106 and Sector 103.2472 It was in operation until at least December 1978.2473
573. North Zone security centre was located in a former French colonial prison, at the current site of the Sokha Angkor Hotel. Interrogations took place in Kesararam pagoda (also known as Dharmayudhi or Thaomyuth Pagoda), to the west of the prison premises. Execution of prisoners took place at Trinh Vine Plantation located approximately 500 metres North of the current Angkor Wat Ticket booth. Some of the prisoners who died in the North Zone security centre were buried in Kesararam primary school, to the west of Kesararam Pagoda.2474
Functioning
Structure and Personnel
574. The leadership of the North Zone security centre changed within the temporal period. The North Zone security centre chairman was Run alias Srun from the Southwest Zone (deceased).2475 From June 1978 he was replaced by Song from the West Zone.2476 Deputy Chairman Pronh (deceased),2477 was in charge of managing the day-to-day operations of the security centre, including the arrival, interrogation, execution and burial of prisoners.2478 It has not been established that any of the Charged Persons ever visited the security centre.2479
575. Kang Chap alias Se, the New North Zone Secretary who was sent to S-21 in August 1978 and replaced by Paet Soeung,2480 would regularly report by telegrams to Office 870 (some of them were copied to Nuon Chea and Ieng Sary), in particular about the internal enemies' situation and the arrests in both Sector 106 and Sector 103.2481 He would also send confessions directly to the CPK Centre in particular the confession of San Eap alias Khon member of the Phnom Penh Branch of Sector 103 Commerce Commitee. In the letter accompanying this Confession Kang Chap alias Se wrote that he is sending this confession and the one of Saey alias Phang from Sector 103 Security in order for the Committee 870 to examine them and to find further network of internal "traitors". It appears that this confession was annotated with "19/04/1978 follow up" by Nuon Chea.2482
Arrest and Detention
576. Nine of the witnesses and civil parties interviewed were detained at North Zone security centre.2483 They mention that other individuals they knew were also imprisoned there.2484 Men, women (sometimes pregnant),2485 children and babies2486 were all detained at the North Zone security centre. The detainees were all Cambodians and included 'new people',2487 'base people',2488 CPK cadre and soldiers from Sectors 106 and 103,2489 and people linked to the former Khmer Republic regime.2490 The prison was surrounded by concrete walls and there were two main detention rooms, each with a capacity of 200 inmates. To the north of the prison there were individual cells and two other detention rooms with a capacity of 50 to 70 inmates, one of which held female prisoners. The total capacity of the prison was more than 500 prisoners.2491
577. People who were arrested were either sent directly to the North Zone security centres or first transited through one of the district level security centres.2492 People were arrested generally in groups from the same geographical area or military unit and their arrest was decided by the chief of the unit.2493 A former prisoner, a former cadre from Sector 103, states that he was arrested in February 1978 on the direct orders of Kang Chap alias Se, Secretary of the New North Zone.2494 Prisoners were tied up, blindfolded and transported by truck to the North Zone security centre.2495 One witness states that he and his brother-in-law were severely beaten when arrested.2496 Not all of the people arrested were aware of the reason for their arrest, but some were told that they were accused of being political traitors or of having been immoral.2497
578. In the detention facilities, prisoners were separated between men and women and categorized as either serious or light offenders. The former were treated the most harshly with their legs shackled day and night, whilst light prisoners were authorised to work and were shackled only at night, sleeping in different barracks.2498 Prisoners were under strict control and guards regularly mistreated them, even children, by threatening, humiliating and beating them (sometimes to death).2499 Some witnesses saw prisoners who tried to flee or steal food being killed by guards in the compound of the prison.2500 One witness recalls the rape and killing of a cook by guards because she had stolen food.2501
579. Prisoners suffered from the lack of food.2502 No medical treatment was provided to those that became ill2503 and witnesses describe deplorable hygiene conditions.2504 Between one and ten prisoners died per day due to illness or lack of food and were buried in the compound of the Kesararam pagoda.2505 A civil party states that her child died in the North Zone security centre one month after their arrival because of beatings and lack of food and medicine.2506 Guards and light offence prisoners received more food.2507
580. Some witnesses state that prisoners were released, sent to cooperatives, work sites or transferred to other security centres.2508
Interrogation
581. The vast majority of the prisoners were interrogated at the North Zone security centre. Five witnesses and civil parties gave evidence on this subject.2509 It emerges from their accounts that prisoners were questioned about their support of Vietnam or about being a CIA agent. The interrogations took place south of the prison at Kesararam pagoda.2510 Prisoners (numbering eight to ten per session) were unshackled from their cells, handcuffed and walked to the pagoda. Each session lasted for three hours.2511
582. During interrogations some prisoners were seriously mistreated by different means: beating with a stick (sometimes until unconscious), electric shocks administered by placing a live wire on the prisoner's ear, suffocation, removing fingernails and toenails, and even throwing prisoners into a bonfire.2512 One of the former detainees explains that he saw a woman sent for interrogation two or three days after the delivery of her baby, who had to be carried back to the prison by the guards because she could not walk.2513 Three of the former detainees state that they were not subjected to mistreatment during their interrogations,2514 but this was clearly the exception.
583. On some occasions, once interrogation was complete, prisoners were transported by truck. A former prisoner explained that he was taken for interrogation together with 17 other prisoners and was the only one who was not transported afterwards by truck on the road to Angkor Wat.2515
Executions and disappearances
584. The majority of the prisoners in the North Zone security centre, including children2516, were executed. Prisoners were transported by trucks to the execution sites located at Trinh Vine plantation, south of Angkor Wat Temple.2517 Executions occurred on a regular basis. A former guard explains that each time around ten prisoners would be taken for execution2518 but former detainees recall seeing trucks transporting up to 60 prisoners.2519 Witnesses explain further that prisoners were transported by trucks every week or two.2520 One former detainee personally witnessed the execution of approximately 60 prisoners. He describes how these 60 men and women were taken handcuffed out of the truck and killed "by chopping one after another and they were dropped into trenches or wells" 2521 A guard who regularly carried out executions corroborates this execution process.2522
585. Witnesses (who did not observe executions) explained that they saw prisoners transported away from the North Zone security centre by truck and never saw them again. Some saw the trucks coming back empty.2523 Generally no one knew where the prisoners were taken,2524 and attempts to conceal their fate included ordering the doors and windows to be closed so that no one could see the trucks leaving.2525 Witnesses were told that these prisoners were released.2526 One eyewitness was threatened with death if he revealed the real fate of the disappeared persons.2527
586. One civil party recalls that when Song replaced Run in 1978 the number of executions diminished.2528 This is consistent with other statements explaining that in late 1978 some prisoners from the North Zone security centre were released to be tempered in other
locations.2529
587. Whilst it is difficult to estimate the number of executions, the evidence suggests it may reach several thousand. Investigations revealed that Trinh Vine Plantation site has been partially exhumed and that human bones found there have been placed in a stupa at Thmei pagoda.2530 The Chairman of a working group established by the Ministry of Culture in the early 1980's to collect human remains in Siem Reap explains "my group went around to collect skeleton remains, put them in salt-bags, and carried them to be kept in Watt Thmei, which was built in 1983. It was until about 1984 when a stupa was built for keeping the skeleton remains. Places where we collected skeleton remains from were Watt Thaomyuth, Watt Thmei, and [along] the road to the zoo. Not all corpses were collected. The total number of corpses from those three places was about 5,000-6,000. The victims dressed in black clothes, and some had a spoon tied to the waist. There were marks of crack on some skulls, which looked like the impact of clubbing, their arms were tied up to the back by
nylon and hammock ropes, and there were also some skulls of little children" 2521
***
588. Thirty one (31) civil parties were declared admissible with regards to North Zone Security Center,2532 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). These civil parties have provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes committed at the North Zone Security Center.
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