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

n 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 Centre

 

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

 

Functioning of Wat Tlork

Structure and Personnel

636.                 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that Uk Savan alias Sau was Sector 23 Secretary (arrested and sent to S-21 on 18 March 1978), and appears to have been replaced by Chan alias Seng Hong;²⁸¹⁷ and that there was a sector security office, whose leading cadre were also purged by mid-1978.²⁸¹⁸

637.                  During the CPK period, Svay Rieng District was divided and Wat Tlork became located in

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.

638.                 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

639.                 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

640.                  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

641.                 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

642.                  There is no evidence that any of the Charged Persons personally visited Wat Tlork.²⁸³⁵