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

D. TREATMENT OF SPECIFIC GROUPS  

Treatment of Buddhists³¹⁶⁹

740.            The CPK adopted a policy of prohibiting Buddhism and the practice of Buddhism.³¹⁷⁰ Many pagodas and sanctuaries were destroyed,³¹⁷¹ or converted for other purposes such as security centres, pig pens, dining halls, hospitals or warehouses.³¹⁷² Images of Buddha were destroyed.³¹⁷³ Even lighting incense was prohibited.³¹⁷⁴ The CPK incited hatred of monks and nuns and disseminated propaganda about monks being parasites, blood-sucking parasitic worms, tapeworms and leeches.³¹⁷⁵ One witness states: "Immediately after the Khmer Rouge took control of this area, they forbid religions. They did not allow ceremonies or alms giving. The monks were all forced to leave the monkhood. The unit chiefs, the village chiefs, and the subdistrict chiefs announced that religious beliefs were not permitted ... They said the monks in their big robes were feudalists who sucked the blood of the people".³¹⁷⁶

741.           Virtually all Buddhist monks and nuns were disrobed.³¹⁷⁷ Some monks were threatened with death or killed if they did not comply.³¹⁷⁸ After the monks were disrobed, they were forced to do manual labour and farming.³¹⁷⁹ One former monk states that he was forced to marry and that if he objected he would have been taken to a "grave pit".³¹⁸⁰

742.           Witnesses provide varying accounts as to which level of the CPK regime the orders to disrobe and persecute Buddhist monks originated from. Some witnesses describe the orders as coming from the "upper echelon"³¹⁸ or from the "Party Centre"³¹⁸² Other witnesses describe meetings of the district committee in their area,³¹⁸³ or receiving orders directly from the district and subdistrict secretaries.³¹⁸⁴

743. The abolition of religion, destruction of pagodas and use of pagodas for other purposes occurred throughout every area of Cambodia during the CPK regime: the Southwest Zone³¹⁸⁵ (including Wat Damnak Trayoeng in Touk Meas District, Kampot Province),³¹⁸⁶ the Northwest Zone (including Wat Samrong in Ek Phnom District, Battambang Province and Wat Kirirum in Phnom Sampov District, Battambang Province³¹⁸⁹), the Central (Old North) Zone,³¹⁹⁰ the (New) North Zone,³¹⁹¹ the East Zone³¹⁹² (including Wat Chambak, Chantrea District, Svay Rieng Province³¹⁹³ and Wat Ta Kut and Wat Me in Ksach Kandal District, Kandal Province³¹⁹⁴ and Wat Thlork in Svay Chrum District, Svay Rieng Province³¹⁹⁵), the West Zone,³¹⁹⁶ the Northeast Zone³¹⁹⁷ (including Wat Chey Mongkul in Se San District, Stung Treng Province)³¹⁹⁸ and in the autonomous sector of Kratie (Sector 505, including Wat Antung Vien in Kratie District, Kratie Province).

***

744.            Eighty seven (87) civil parties were declared admissible in the context of the "treatment of Buddhists"³²⁰¹ 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 in the context of the "treatment of Buddhists".