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 (Indictment). The Closing Order (or INDICTMENT) 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, English and French. Contact the ECCC for a free copy.
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde
15 September 2010
IX. ROLES OF THE CHARGED PERSONS
A. NUON CHEA
Roles and Functions
Membership of the Central and Standing Committees
859. During the CPK regime Nuon Chea was a full-rights member of the CPK Central Committee.3669 Nuon Chea had assumed the role of Central Committee Deputy Secretary since 1960,3670 was confirmed in this role in 196 3 3671 and held it during the entire CPK regime.3672 Though he clearly assumed this role during the whole period, he was only identified publically as Deputy Secretary of the Central Committee as of 29 September 1977 at the same time that the existence of the Party was first made public.3673
860. As Central Committee Deputy Secretary, Nuon Chea was second-in-command in the Party structure3674 and was known as Brother Number Two3675 and Pol Pot's "right-hand man".316 As a full-rights member of the Central Committee, Nuon Chea could "consider and discuss and join in the decision making" with regards to all matters.3677 Duch states that Nuon Chea was responsible for implementing decisions made by Pol Pot,3678 while senior B-1 cadre [REDACTED] explains that Pol Pot could not make a decision alone.3679 Nuon Chea states in an interview conducted after the CPK regime that "Everyone worked together. He [Pol Pot] made his contribution, we made ours".3680 In another interview however, Nuon Chea states "Pol Pot was the Party Secretary. I was just Deputy Secretary, and sometimes I had no influence".3681
861. Nuon Chea was also a full-rights member of the Standing Committee of the CPK.3682 The CPK Party Statute suggests that as the Secretary and the Deputy Secretary of a small Party organ (or branch) such as the Standing Committee, Pol Pot and Nuon Chea were in charge of operational direction during times between meetings of the Standing Committee.3683 Of the 19 surviving Standing Committee meeting minutes3684 (only 15 of which contain records of attendance3685) he is listed as having attended 14.3686 It is therefore likely that he attended numerous if not all the meetings. According to Khieu Samphan, the Standing Committee convened every 7 to 10 days and even more regularly in emergencies.3687 During these meetings Nuon Chea gave opinions, guidelines and instructions.3688 When Pol Pot was not present, it appears that Nuon Chea led the Standing Committee meetings.3689
862. In his roles as member of the Central and Standing Committees, Nuon Chea attended regular CPK high-level meetings at K-1 and K-3,3690 and monthly meetings at K-1 lasting five to six days with leading cadres from various zone, sector or district committees. Approximately 20 cadres would attend these meetings.3691 He also met regularly outside of Phnom Penh with zone and autonomous sector leaders, in particular during their congresses. 3692
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អាស្រកីដូង ហោណាំហុង!!!
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