Closing Order of Case 002 agains 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

C. KHIEU SAMPHAN⁴⁶¹⁶

Roles and Functions

Membership of the Central and Standing Committees

1111.       Khieu Samphan was admitted as a reserve or candidate member of the Central Committee of the Cambodian Communist Party in 1971 and was confirmed as a full-rights member in 1976.⁴⁶³⁹ As a full-rights member of the Central Committee, he could "consider and discuss and join in the decision making" with regard to all matters.⁴⁶⁴⁰

1112.       Khieu Samphan has stated that he was not a member of the Standing Committee.⁴⁶⁴¹ Regardless of whether he was formally a member, records demonstrate that he attended and participated in many of the Standing Committee meetings. Of the 19 surviving Standing Committee meeting minutes⁴⁶⁴² (only 15 of which contain records of attendance⁴⁶⁴³) he is listed as having attended 13⁴⁶⁴⁴ as well as at least two ad hoc high-level meetings of the Centre.⁴⁶⁴⁵ Khieu Samphan has stated that "during open meetings of the Standing Committee, as in the meetings of the Party Central Committee, I never stated any opinions" ⁴⁶⁴⁶ However there are records of him presenting reports to the Standing Committee on two occasions.⁴⁶⁴⁷ With respect to those meetings that Khieu Samphan did not attend, he would have had access to their minutes which appear to have been routinely taken.

1113.       Although the Case File only contains Standing Committee meeting minutes dating from mid- 1975 until mid-1976, Khieu Samphan gave evidence that the Standing Committee convened every 7-10 days, and even more regularly in emergencies.⁴⁶⁴⁸ One witness, who was Khieu Samphan's driver from 1978, stated that he drove Khieu Samphan from K-3 to K-1 two or three times a week and that Nuon Chea and Ieng Sary would be brought to K-1 at the same time.⁴⁶⁴⁹ Another witness confirmed that Khieu Samphan, Ieng Sary and Nuon Chea would have secret meetings at K-1.⁴⁶⁵⁰

1114.       Khieu Samphan interacted with and supervised lower-level cadres by his attendance at monthly meetings at K-1 along with Pol Pot, Nuon Chea, Ieng Sary and S-71 Chairman Pang. These meetings lasted five or six days each and approximately 20 leading cadres from various zone, sector or district committees would attend.⁴⁶⁵¹