Tuesday, February 28, 2012

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
B. IENG SARY 

Roles and Functions
Membership of the Central and Standing Committees
994.           Ieng Sary joined the Central Committee of the Cambodian Communist Party in 1960,4134 and its Standing Committee in 1963.4135 During the CPK regime, he was a full-rights member of both committees.4136 As a full-rights member of the Central Committee, Ieng Sary could "consider and discuss and join in the decision making" with regard to all matters.4137
995.           Of the 19 surviving Standing Committee meeting minutes4138 (only 15 of which contain records of attendance4139) Ieng Sary is listed as having attended 10.4140 He is also listed as having attended one ad hoc high-level meeting of the Centre.4141 In reality, it is likely that he would have attended significantly more meetings as Khieu Samphan says that the Standing Committee convened every 7-10 days, and even more regularly in emergencies.4142 During these meetings, there are records of Ieng Sary making presentations on diverse issues such as: industry, commerce and transport; participation in the Non-aligned Countries Colombo Conference; foreign aid; the conflict with Vietnam; the recall of overseas based Cambodians; and diplomatic relations with other countries.4143 With regard to those meetings he did not attend, he would have had access to their minutes which appear to have been routinely taken.
996.           In his roles as member of the Central and Standing Committees, Ieng Sary attended regular CPK high level meetings at K-1 and K-3, including monthly meetings at K-1 lasting 5-6 days with leading cadres from various zone, sector, or district committees. Approximately 20 cadres would attend these meetings.4144 He also attended annual meetings with the Centre and zone secretaries.


997.           Ieng Sary remained on the Standing Committee throughout the CPK regime and when Party leadership subsequently took refuge along the Cambodia-Thailand border.4146
Deputy Prime Minister for Foreign Affairs
998.           Steps were taken to create the Ministry of Foreign Affairs, code-named B-1, almost immediately after the CPK took control of Phnom Penh on 17 April 1975.4147 It was officially inaugurated in December 1975.4148 Originally, B-1 was located in two buildings on Sisowath Street on Phnom Penh's riverside. However, in 1976, it was relocated to the Soviet Federation Boulevard.4149 B-1 also operated two visitor reception houses: House number 1, near Wat Phnom; and House number 2, at the Hotel Le Royal.4150
999.           One witness claims that more than 1,000 people worked at B-1.4151 Initially, personnel were selected from a pool of suitable people that the 870 offices headed by Pang and Doeun had selected from various zones on the grounds of class, qualification, or whether they came from old revolutionary bases such as Preah Vihear or Kampong Cham.4152 B-1 was also staffed by a number of "intellectuals", many of whom had returned from overseas to Cambodia.4153 Additionally, Ieng Sary recruited a number of "child cadre," who were uneducated children aged between eight and fifteen.4154 At one point, B-1 supervised the education of "revolutionary cadres'" children who had been sent there to study.4155
1000.       Initially B-1 did not have different departments.4156 However, cadres were given official titles whenever they met overseas guests. For example, former B-1 cadre, [REDACTED], says he was introduced at the United Nations as being a member of the "General Affairs Section," which did not exist.4157 It appears that later B-1 became more structured. Former B-1 cadre, [REDACTED], says that B-1 was the only Ministry structured like a classic Ministry, which was not the case for the others.4158 A document, which appears to be the 152 page hand­written notes of a senior B-1 cadre (who could not be identified), records that by July 1976, B-1 was divided up into seven sections: Education; Growing Crops; Office (including a "Secrecy Sector"); Politics; Protocol; Secretary; and Civil Aviation.4159 This document ("B-1 diary ") was shown to a number of witnesses during the investigation, none of whom disputed its authenticity.4160
1008. On 12 August 1975, a Phnom Penh radio broadcast said that Ieng Sary had been appointed Deputy Prime Minister for Foreign Affairs.4161 His appointment was recorded in the Standing Committee meeting minutes of 9 October 1975 as "Foreign Affairs work, both Party and State".4162 On 30 March 1976, the Central Committee also recorded the appointment in its document "Decision of the Central Committee Regarding a Number ofMatters" 4163 It was formally endorsed by the People's Representative Assembly of Kampuchea the following month.4164 Ieng Sary has admitted being Deputy Prime Minister for Foreign Affairs during the CPK regime, saying that he assumed the role in around April 1976. However, he does not recall the exact date.4165 In this role, he also sat on the Council of Ministers.
1009.       The B-1 diary records under the heading "The Cell Congress 22 May 1976" that Ieng Sary chaired the Party Section4166 and, administratively, the General Leadership Committee and the Political Section.4167 Later in the same document, under the heading "The Cell Plan of1977" Ieng Sary is named as the Secretary of the Cell Committee of the Ministry with [REDACTED] as his deputy.4168
1010.       There were many different aspects to Ieng Sary's role at B-1. One of his roles was to supervise the CPK's embassies abroad. As of May 1976, CPK-appointed diplomats were assigned to four DK embassies: in China; North Korea; Vietnam; and Laos. The last residual GRUNK-appointed diplomats were present at DK embassies in Albania, Yugoslavia and Romania.4169 According to [REDACTED], who held various senior roles within B-1 including [REDACTED] of the Propaganda and Information Department,4170 Ieng Sary also chaired the Political Section which was staffed by various intellectuals including [REDACTED], [REDACTED], and Aok Sakun;4171 chaired meetings of the whole Ministry;4172 chaired meetings of the Party within the Ministry;4173 supervised the work of the Kampuchea Information Agency and Radio Democratic Kampuchea Foreign Language Broadcast Section;4174 and provided instructions to subordinates about the conduct of education sessions for Ministry staff based on daily broadcasts of Radio Democratic Kampuchea.4175
1011.       According to [REDACTED], who also held various senior roles at B-1 including Chief of [REDACTED],4176 Ieng Sary was "in overall charge" of B-14177 which meant he headed the Ministry's Party branch;4178 was responsible for the Ministry's internal affairs;4179 disseminated orders from the upper echelon, including from Pol Pot and Nuon Chea;4180 met almost daily with intellectuals on the staff;4181 supervised the Ministry's branch reeducation offices, such as Chraing Chamres and Prek Pra;4182 received visitors;4183 travelled abroad on official visits, including to meetings of the United Nations;4184 and escorted foreign delegations on visits to the countryside.4185 [REDACTED] also says that Ieng Sary was responsible for internal security affairs at B-1, in consultation with Political Office 870 and Pang.4186 This fact is confirmed by Duch.4187


1012.       In his role as Deputy Prime Minister for Foreign Affairs, Ieng Sary regularly travelled abroad to countries such as Sri Lanka, Romania, China,4188 Myanmar, Pakistan, Laos, France, Mexico, Cuba, Vietnam, Singapore, North Korea, Indonesia, Thailand, Philippines, Peru, Malaysia, Japan, the United States of America,4189 Hungary, Yugoslavia, and Bulgaria.4190 A former B-1 staff member recalls that Ieng Sary most often travelled to China, Vietnam, and North Korea.4191 While overseas, Ieng Sary retained control of B-1 through the 870 office chaired by Pang. [REDACTED] was usually appointed caretaker manager in his absence. However, [REDACTED] did not have power to make decisions and acted under the direction of "the Centre"4192In those instances where Ieng Sary and [REDACTED] were both absent, B-1 was managed by other senior members of the Ministry4193 or occasionally by Khieu Samphan.4194
1013.       In Cambodia, Ieng Sary regularly received overseas delegations, entertained them at banquets, attended meetings to discuss international relations and trade, and escorted them on trips throughout Cambodia.4195
1014.       While Ieng Sary undoubtedly had authority over B-1, former staff members say that important decisions were made by the CPK Standing Committee.4196

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