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

 

 

Acting Prime Minister of the DK Government

Nuon Chea was officially appointed Acting Prime Minister of the DK Government on 27 September 1976, replacing Pol Pot who, according to the official Party version of events, took temporary leave in order to take care of his health.³⁷⁶⁵ Nevertheless, from that date to December 1976, the decision does not seem to have been fully implemented. During this period, CPK media repeatedly referred to Pol Pot as Prime Minister and only described Nuon Chea as Acting Prime Minister³⁷⁶⁶ on very few occasions.³⁷⁶⁷ Between January and September 1977 Nuon Chea was publically and repeatedly identified as Acting Prime Minister,³⁷⁶⁸ in particular on the occasion of a speech he delivered to mark the 9^th anniversary of the RAK on 16 January 1977.³⁷⁶⁹ The subsequent year this same anniversary speech was

delivered by Pol Pot.³⁷⁷⁰ There is almost³⁷⁷¹ no public reference to Pol Pot acting in the capacity of Prime Minister during this period until 25 September 1977 when he is publicly identified as Secretary of the CPK for the first time.³⁷⁷² Duch understands that when Nuon Chea was the Acting Prime Minister it meant that "he was the acting secretary of the Party".³⁷⁷³

Chairman of the People's Representative Assembly and Chairman of the Standing Committee of the People's Representative Assembly

889.            Throughout the Democratic Kampuchea regime, Nuon Chea served as Chairman of the

People's Representative Assembly and Chairman of its Standing Committee. He was selected as Chairman of the Standing Committee during the legislature's first plenary session from 11 to 13 April 1976.³¹¹⁶

890.            It is in the roles of Chairman of the People's Representative Assembly and Chairman of its Standing Committee that Nuon Chea was most commonly known publicly. In these roles Nuon Chea led a CPK delegation on an official visit to China and North Korea from 2 to 16

                                                                                                                                                                                                               

September 1978, corresponded and otherwise interacted with leaders of other countries,

and issued official statements. However, these roles had little practical significance other than for endorsing decisions such as the 31 December 1977 Statement by the Government of Democratic Kampuchea on "Cambodia's Temporary Severance of Relations with Vietnam".³⁷⁸¹

Other Roles

891.            In addition to the above Nuon Chea became de facto secretary of two Zones after the arrest of their secretaries. It appears that following the arrest on 20 September 1976 of the Northeast Zone Secretary Men San alias Ya,³⁷⁸² this role was filled by Um Neng alias Vy alias Vong

until mid-1978 and then by Nuon Chea for a short period. Duch and other witnesses also state that Nuon Chea became Secretary of the East Zone for a period in June 1978 after Sao Phim committed suicide.³⁷⁸⁵

892.           As a full-rights member of the Standing Commitee, Nuon Chea shared responsibility for Political Office 870 and Office S-71.³¹⁸⁶

Association with other CPK Leaders

893.            Nuon Chea had personal and political associations with other key members of the CPK for many years.³⁷⁸⁷ In addition to his two offices at Borei Keila and Vitiyalai Preah Soramarith (Buddhist Institute),³⁷⁸⁸ Nuon Chea lived and worked daily with Pol Pot, Khieu Samphan, Ieng Sary and Son Sen at K-1 and K-3 for almost the entire duration of CPK regime.³⁷⁸⁹

894.           Additionally, Nuon Chea visited a warehouse with Khieu Samphan and Van Rith³⁷⁹⁰ and he went to the Ministry of Foreign Affairs with Pol Pot and Khieu Samphan.³⁷⁹¹ Nuon Chea also went to the grassroots with other members of the Party including Pol Pot, Khieu Samphan and Ieng Sary.³⁷⁹² He took part in major Party gatherings together with other CPK leaders including Pol Pot, Ieng Sary, Khieu Samphan and Ieng Thirith.³⁷⁹³ Nuon Chea received foreign delegations in Phnom Penh together with other CPK leaders including Son Sen, Khieu Samphan, Ieng Sary and Pol Pot.³⁷⁹⁴ Finally, Nuon Chea regularly made statements to foreign governments from Phnom Penh with other CPK leaders.³⁷⁹⁵