Thursday, December 15, 2011

Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith

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 Tlork Security Centre2798
[One of two security prisons in the Eastern Zone where Ms. Seng Theary was detained as a child]

Location and Establishment of Wat Tlork Security Centre
636.                 Wat Tlork was located approximately 28 kilometres northwest of Svay Rieng Town in Tlork Village, Tlork Subdistrict, Meanchey Thmei District (now named Svay Chrum District)2799, Svay Rieng Province.2800 Applying the CPK system of identifying administrative boundaries, it was located in Sector 232801 of the East Zone (203).2802 Wat Tlork was comprised of an office located in Tlork Village proper,2803 a detention centre located in the vicinity of Tlork Pagoda,2804 and a series of burial pits.2805 A memorial stupa containing human remains exhumed from the burial pits is located in the village.2806 In response to a Civil Party [Ms. Seng Theary's] request, it was established that when Wat Tlork was closed the remaining prisoners were transferred to another Meanchey Thmei District security centre located at Boeung Rai [where DC-Cam estimated 20-30,000 were killed including Ms. Seng's mother, but not within scope of investigation!!] Village in Kraol Ko Subdistrict, 10 kilometres to the west.2807
637.                  The CPK expelled the monks from Wat Tlork Pagoda before 17 April 1975.2808 Witnesses also state that Wat Tlork was established shortly after this date,2809 through relocation of the population and staff of a pre-1975 security centre located at Meun Say Village (Angk Ta Sau Subdistrict) 6 km northwest of Tlork Village.2810 Wat Tlork appears to have remained
2811                                                                                                                                                       2812                                                           2813
in operation as the Meanchey Thmei District security centre, until its functions, and the last remaining prisoners were transferred to Boeung Rai in early 1978,2814 following Vietnamese incursions in the area.2815
Functioning of Wat Tlork
Structure and Personnel
638.                 Witness evidence confirms that the chain of command implemented by the CPK nationwide operated in Sector 23 during the DK period. The subdistricts reported to the district committee, which reported to the sector committee.2816 The composition of these committees varied over time, particularly after the purge of Meanchey Thmei District in late 1977 / mid-1978. It appears that Uk Savan alias Sau was Sector 23 Secretary (arrested and sent to S-21 on 18 March 1978), and appears to have been replaced by Chan alias Seng Hong;2817 and that there was a sector security office, whose leading cadre were also purged by mid-1978.2818
639.                  During the CPK period, Svay Rieng District was divided and Wat Tlork became located in
2819                                  2820
the new Meanchey Thmei District (later renamed Svay Chrum District). Witnesses and documents2821 identify two apparently successive Meanchey Thmei District Secretaries, Khieu Samith and Phoeng Son alias Say, both apparently purged (Phoeng Son alias Say entered S-21 on 27 March 1978); and Ath, the Tlork Subdistrict Secretary.
640.                 Witnesses state that the Chairman of Wat Tlork supervised the Subdistrict security centre secretaries and made decisions about arrests.2822 One witness stated that communication was by messenger,2823 and at the lower level, orders were received orally.2824

641.                 Wat Tlork originally functioned under the command of cadre of East Zone origin. The precise composition of its committee changed over time and the timing of these changes is not always clear.2825 However, one cadre who has been clearly identified as having chaired Wat Tlork is Vung Ao.2826 Ao appears to have continued as chairman when the security office was relocated to Boeung Rai, where other district level authorities also seem to have been located.2827 One detainee from Wat Tlork clearly remembers that Ao only transferred to Boeung Rai in early 1978, along with all the personnel and the 30 remaining prisoners, when Wat Tlork was closed definitively.2828
2829                                                                                                                                                                                        2830
642.                  A number of witnesses, corroborated in some cases by S-21 arrest and detention lists, confirm that, in May 1978, Meanchey Thmei cadre (including District Security Office Chairman Vung Ao, and Tlork Subdistrict leading cadre Sok Saret), were arrested by Centre cadre under the command of Son Sen,2831 and that some, at least, were sent to S-21 (Tuol Sleng), perhaps via Tlork Pagoda. Thereafter, one witness states that the District, including Wat Tlork and Boeung Rai, passed under the control of the Centre forces.2832
643.                 Witnesses confirm that approximately 20 to 30 subordinate security personnel worked at the Wat Tlork office and detention centre, residing either in the office in the village or at the pagoda,2833 although the number may have fallen to less than 10 in 1978.2834
644.                  There is no evidence that any of the Charged Persons personally visited Wat Tlork.2835
 

1 comment:

Anonymous said...

ECCC is Hanoi controlled .