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

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

Regulation of Marriage

Profile of Persons Married

842. Both men³⁵⁴⁵ and women³⁵⁴⁶ were forcibly married under the CPK regime. Most were in their twenties at the time of the marriage,³⁵⁴⁷ however there were also occasions where the spouses were younger³⁵⁴⁸ or older,³⁵⁴⁹ although former CPK cadre state that persons were deemed eligible for and assigned to be married from the age of 20 for women and 25 for men.³⁵⁵⁰ Several witnesses who were forcibly married were former monks who had been disrobed.³⁵⁵¹ Others were remarried after their former spouse disappeared.³⁵⁵²

Prevalence of Marriage

843.            Of the marriages whose date can clearly be asserted, there is evidence that forced marriage occurred before 17 April 1975 in areas under the control of the CPK.³⁵⁵³ For the period following this, witnesses testify to forced marriage occurring during the entire period of the regime³⁵⁵⁴ in nearly every zone.³⁵⁵⁵

844.            Throughout the country, people were typically married in mass ceremonies³⁵⁵⁶ ranging from two couples³⁵⁵⁷ to over 100 couples,³⁵⁵⁸ with the majority of witnesses in ceremonies between 10 to 60 couples.³⁵⁵⁹ Duch states that his wedding was not the norm at that time since his ceremony was without other couples present.³⁵⁶⁰ One witness states that weddings were held jointly in order to avoid any waste of resources.³⁵⁶¹

Role of the Authorities

845. A former sector secretary states that the policy of group marriages was pronounced at the highest level, and further detailed that he attended a meeting during which Pol Pot stated: "marry them in couples, two or three couples could be married, to not make it too difficult".³⁵⁶² One witness' marriage was arranged by their direct supervisor within the Ministry of Social Affairs, although the witness was told by Ieng Thirith that she had wanted to arrange for the witness to marry somebody else.³⁵⁶³ A former district cadre states that in prisoners detained for "moral offences" who were widows or single persons were married based upon a policy of the upper echelon.³⁵⁶⁴ A former district cadre affirms that people could refuse to be married, and that although marriages took place pursuant to decisions made by his superior sector, this "was not forced marriage". However, he states that in practice, he decided who was to be married to whom based on his appraisal of their "personal histories" after which his decision was announced by the District Committee, and couples did not dare object to his choices for fear of execution. Similarly, he states that it was pronounced that they were free to divorce, but in reality anyone who split up a marriage "would have problems" and be sent to labour at a worksite.³⁵⁶⁵

846.            Most witnesses attest to marriages being arranged by persons other than the individuals concerned or their families. Many witness state that marriages were arranged by "Angkar"³⁵⁶⁶ or by "Pol Pot"³⁵⁶¹ or the "Khmer Rouge".³⁵⁶⁸ More specifically, some witnesses state that marriages were arranged by representatives of the administrative authority such as the unit chief, the district secretary, the district committee or chairman, the village chief, or the

cooperative chief.³⁵⁶⁹