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 (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

Member of the Centre's Organization Committee and Responsibility for the Party's Work, Social Welfare, Culture, Propaganda and Education programs

880. Nuon Chea was in charge of the Centre's Organization Committee,³⁷³² which was empowered to monitor and inspect Party members and oversee the induction of new members in offices and ministries.³⁷³³ Duch states that Nuon Chea was in charge of "the recruitment and appointment of new members, the appointment of cadre and the naming of members to various positions ... when certain persons were appointed or promoted this meant that others were excluded and therefore smashed" ³¹³⁴ Nuon Chea participated in the appointment of zone and sector secretaries in particular: the appointment of [REDACTED] as the Secretary of Autonomous Sector 105; the appointment of Kang Chap alias Se as Secretary of the New North Zone, the creation of which he also announced; and the appointment of [REDACTED] as Secretary of Sector 103.³⁷³⁵ In an interview after the CPK regime, Nuon Chea answered the question "how did you deal with the bad comrades?" by saying "I reeducated them and did not allow them to stay in their positions".³⁷³⁶

881. At the Standing Committee meeting of 9 October 1975, Nuon Chea was tasked with responsibility for "party work, social, welfare, culture, propaganda and formal education" ³¹³¹ Duch understands that this decision effectively made Nuon Chea responsible for overseeing four ministries: the Ministry of Propaganda; the Ministry of Education; the Ministry of Social Affairs; and the Ministry of Culture. He explains that the reason for this was because the four ministers heading the departments were not full-rights members of the Central Committee.³⁷³⁸

882. With respect to Party work, propaganda and education, this decision meant that Nuon Chea had primary responsibility within the CPK for disseminating political lines decided by the Party to CPK Party members, to the military, and to the masses.

883. The first Minister of Information and Propaganda in the CPK regime was Hu Nim who was arrested and sent to S-21 in April 1977.³⁷³⁹ The Ministry was then reorganized and merged with the Ministry of Culture, Training and Education, at which time Yun Yat alias At (Son Sen's wife) who was the minister for the latter became the minister for both.³⁷⁴⁰ Furthermore while official media described Yun Yat as holding the Ministry portofolio until at least January 1979,³⁷⁴¹ two witnesses working in the Ministry recall that Nuon Chea served as Minister from late 1978 until the end of the regime.³⁷⁴²

884. Nuon Chea attended a CPK Standing Committee meeting on 9 January 1976 during which the "good qualities" and "deficiencies" of propaganda and education programs were discussed.³⁷⁴³ It also appears from remaining minutes of meetings on propaganda work that the CPK Centre followed closely and decided on matters related to the CPK methods of propaganda. On 8 March 1976, at a meeting on "propaganda work" where Nuon Chea was present, the question of the radio broadcast of the election of 20 March 1976 was discussed in detail, including the contents of the broadcast and its frequency. This demonstrates that Nuon Chea was involved in the decision-making process regarding broadcasts.³⁷⁴⁴ At another meeting on 1 June 1976, where Nuon Chea was also in attendance, all aspects of CPK propaganda work, such as radio broadcasts, publications and propaganda films, were discussed with cadres from the Ministry of Propaganda. During this meeting, Nuon Chea provided instructions and views on specific aspects of propaganda work.³⁷⁴⁵ It also appears that Nuon Chea had the authority to instruct subordinates on media and propaganda

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885. During an interview, Nuon Chea acknowledges that he was also fully aware of and involved in the production and writing of the CPK magazine Revolutionary Flag before 17 April 1975.³⁷⁴⁷ During the CPK regime, Nuon Chea made direct requests of CPK cadres to write articles for the other propaganda magazines.³⁷⁴⁸

886. At his initial appearance before the Co-Investigating Judges, Nuon Chea states that he was in charge of educating cadres and Party members.³⁷⁴⁹ Duch understands that Nuon Chea's responsibility for "party work" meant that he was in charge of "daily activities within the party. I recall that the political work of the party was focused on annual training sessions (political and psychological training and education on organizational matters)" ²¹⁵⁰ Nuon Chea conducted numerous mass political training in Phnom Penh where he taught the policies of the CPK. These meetings were mainly held at Borei Keila.³⁷⁵¹ They were organized for Party cadres and workers in Phnom Penh,³⁷⁵² as well as for cadres from virtually all areas of Cambodia (zone, sector and district committee members, cooperative chairmen, and sometimes subdistrict committee chairman).³⁷⁵³ He participated in similar trainings for RAK members.³⁷⁵⁴ These mass political training sessions could involve hundreds of participants³⁷⁵⁵ and party members were supposed to attend a session at least once a year.³⁷⁵⁶ Cadres or members of the military located outside of Phnom Penh were invited to attend these political training sessions by telegrams or letters sent by Nuon Chea.³⁷⁵⁷ Witnesses also report that Nuon Chea presented the CPK lines to CPK cadres and RAK members during zone and autonomous sector conferences.³⁷⁵⁸ The former Deputy Commander of Division 1 states that "Ta Nuon Chea or Ta Pol Pot were usually present [at] the Zone congresses" ²¹⁵⁹ Witnesses state that similar training sessions would then be conducted by Party members in order to instruct the people under their authority on the lines of the Party.³⁷⁶⁰

 

887. With respect to social affairs, Ieng Thirith would go to K-3 or K-1 once or twice a month to meet with leaders of the Party Centre and in particular with Nuon Chea.³⁷⁶¹ Nuon Chea was present at a meeting on Health and Social Affairs on 10 June 1976. During this meeting Ieng Thirith and other leading cadres in the Ministry of Social Affairs reported in detail on the activities of the ministry and its various sections and Nuon Chea expressed views on the topics discussed.³⁷⁶² Nuon Chea visited and held meetings at some of the hospitals under the authority of the Ministry of Social Affairs³⁷⁶³ and provided political training sessions to personnel of the ministry.³⁷⁶⁴