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 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 November 2011, the Trial Chamber will hear the substantive (sic!) arguments over the criminal charges (genocide, crimes against humanity, penal code of 1956, etc., only the Phase I Movement in April 1975).  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

 Participation in the Common Purpose

Role in the Arrest of Centre Party and Centre Offices Cadres (Political Office 870 and Office S-71)

943.            Duch explains that the decision to arrest members of the Central Committee or high-level CPK cadres had to be made collectively by the Standing Committee.³⁹⁴⁸ As a member of the Standing Committee and supervisor of S-21, Nuon Chea knew of and participated in the arrest and subsequent execution (or for some of them the suicide) of: Zone Secretaries Sao Phim (June 1978) (suicide),³⁹⁴⁹ Ruos Nheum (June 197 8),³⁹⁵⁰ Chou Chet alias Sy (March 1978),³⁹⁵¹ Man San alias Ya (September 1976), Um Neng alias Vy (June 1978) (suicide), and Klang Chap alias Se (August 1978); Standing Committee members Vorn Vet (November 1978), and Kung Sophal alias Keu alias Kan (November 1978); autonomous sector secretaries Bou Phat alias Hang (June 1978), Born Nan alias Yi (June 1978), and Pa Phal alias Sot (February 1977); and former Minister of Propaganda Hu Nim alias Phoas (April 1977).³⁹⁵²

944.            Nuon Chea was involved in the arrest of cadres from the Party Centre 870 Offices. A witness working at Centre Office K-1 explains that in the office those accused of treason were mainly those who held major positions, such as Sem (Chairman of K-1), Chheum Sam-Aok alias Pang (Chairman of Office S-71) and one of his friends Yan, and that these people were taken away and disappeared. He adds, "I feel that the Uncles, especially Pol Pot and Nuon Chea, were well aware of the arrests of these traitors".³⁹⁵³ Nuon Chea received, annotated and transmitted to Pol Pot, S-21 confessions of former secretary of Political Office 870 and note taker of the minutes of the Standing Committee Phok Chhay alias Touch.³⁹⁵⁴ With respect to the arrest of Chheum Sam-Aok alias Pang, Duch explains that Vorn Vet came to S-21 with a letter from Nuon Chea giving him special authorization to work with Duch on a security matter, and announced to him the Party decision to arrest Pang. He discussed with Vorn Vet the conditions of the arrest, and it was decided that the next time Pang came to S-21 to pick up confessions he would be arrested immediately. Duch believes the order to arrest came from Nuon Chea.³⁹⁵⁵ Between 17 April 1975 and 6 January 1979, 209 people were arrested from Political Office 870 and S-71 and their sub-units and sent to S-21, as set out in the section of the Closing Order regarding the Factual Findings of Crimes for S-21.

Role in the Arrests in the Ministry of Social Affairs and in the Ministry of Propaganda and Education

945. As mentioned above, in October 1975, the Standing Committee gave Nuon Chea responsibility for social action, propaganda and education. In these roles, Duch understands that Nuon Chea oversaw the activities of the Ministry of Social Affairs, Propaganda and Education, because the ministers of these ministries "did not have the decision making power to eliminate people ".³⁹⁵⁶

946. Duch explains that for those who were arrested at the Ministry of Social Affairs, or under its authority, and taken to S-21, the system was the same as previously described. He says, that he would send confessions implicating personnel from a particular ministry to Son Sen, and after 15 August 1977 to Nuon Chea. Subsequently, "the superior (i.e. Son Sen and then Nuon Chea) noticed that people were implicated in the confessions, he would then summon the head of the unit - in that case leng Thirith - to make the decision".³⁹⁵⁷ Nuon Chea received, annotated and transmitted particular S-21 confessions to the Ministry of Social Affairs, and to Ieng Thirith.³⁹⁵⁸ Duch believes that the documents he sent to Nuon Chea were used by him to conduct arrests in the Ministry of Social Affairs.³⁹⁵⁹ Between 17 April 1975 and 6 January 1979, 116 people were arrested from the Ministry of Social Affairs and sub-units and sent to S-21, as set out in the section of the Closing Order regarding the Factual Findings of Crimes for S-21.

947. With respect to the Ministry of Propanagda and Education, it seems that until Nuon Chea became acting Minister of Propaganda and Education in late 1978, the system of arrest described above also applied. Some people working in the Ministry were considered as traitors and disappeared,³⁹⁶⁰ and the Minister and leading cadres from the ministry would attend regular meetings with the upper echelon.³⁹⁶¹ A witness explains that when Nuon Chea was acting as Minister "disappearances still continued. As far as I could understand, the Southwest Zone people were considered as good revolutionaries and when the people from the East and the West were purged, mostly the Southwest people were sent to replace them".³⁹⁶² Between 17 April 1975 and 6 January 1979, 84 people were arrested from the Ministries of Education and Propaganda and sub-units and sent to S-21, as set out in the section of the Closing Order regarding the Factual Findings of Crimes for S-21.

948. In addition to the facts set out above, Nuon Chea was involved in the arrest of CPK cadres and RAK members throughout Cambodia, including in: the North East Zone;³⁹⁶³ the North West Zone;³⁹⁶⁴ the Southwest Zone;³⁹⁶⁵ the New North Zone (in particular sector 103);³⁹⁶⁶ and in Autonomous Sector 105.³⁹⁶⁷ As described in the Ieng Sary section and following the system of arrest described above in this section, Nuon Chea also played a role in the arrest of cadres in other ministries especially the Ministry of Foreign Affairs regarding the recall of overseas based Cambodians to Cambodia.³⁹⁶⁸