Thursday, March 01, 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
 

Knowledge of Existence of an International Armed Conflict
1111.        Ieng Sary was aware that an international armed conflict existed between Cambodia and Vietnam at all times from April 1975 until at least 6 January 1979.
1112.        Ieng Sary personally visited Hanoi to negotiate the conflict.4590 He attended at least three Standing Committee meetings at which the status of the conflict with Vietnam was discussed.4591 The first of these meetings was held on 22 February 1976.4592 Further, Ieng Sary received a large number of telegrams regarding RAK military operations against Vietnamese forces along the border,4593 and communicated with Vietnamese,4594 Laotian,4595 Thai,4596 and French4597 representatives about these incidents. The first of these reports is dated 11 November 1975.4598 Ieng Sary was always informed of war-related matters due to his position as a member of the Standing Committee and Deputy Prime Minister for Foreign Affairs.4599

1113.       In his capacity as Deputy Prime Minister of Foreign Affairs, Ieng Sary brought the conflict between Cambodia and Vietnam to the attention of the international community. He informed the United Nations Security Council of the conflict,4600 severed diplomatic relations with Vietnam due to the ongoing fighting,4601 and made various speeches on the topic to foreign diplomats in Phnom Penh,4602 at the Conference of Foreign Ministers of Non-aligned Countries in Belgrade,4603 at the Chinese embassy in Phnom Penh,4604 at a banquet for a delegation of the French Marxist-Leninist Communist Party,4605 at a press conference on a state visit to the Philippines,4606 in a statement on a state visit to Indonesia,4607 at a press conference at the 33rd session of the United Nations General Assembly,4608 and at the reception of the Yugoslavian ambassador to Cambodia.4609 Ieng Sary also mentioned the conflict in personal interviews with journalists.4610
1114.       To support the claim that the conflict was a result of Vietnamese aggression, Ieng Sary, personally and through his Ministry's officials, distributed a collection of evidence entitled the Black Paper4611 to foreign officials and the press. Further, in July 1978, Ieng Sary was notified by telegram4613 that a compilation of "confessions" of captured Vietnamese soldiers published by the "Department of Press and Information of the Ministry of Foreign Affairs of Democratic Kampuchea"4614 had been circulated among the representatives of other nations. These same "confessions" were broadcast over the radio.4615
 
 

1 comment:

Anonymous said...

The UN must overcome any obstacle posed by Vietnam and the puppet government of Hun Sen if the UN wants to gain respect from the people around the world about its integrity and competency.

The UN must keep the KRT going, finding justice for Khmer people is UN’s noble mission. The UN will ultimately understand Vietnam's tricks deployed in Cambodia. In effect, Vietnam has created and brainwashed Khmers, called Khmer Vietminh, to make Khmers fight with Khmers, to make Khmer kill each other and exploit it. That was one of the main reasons why about 3 million Khmer people perished during the Pol Pot’s era.
Presently, Vietnam’s strategy is to put one dumb leader such as Hun Sen to control Khmer people and Vietnam manipulates him behind the scene to reach its goal of colonizing Cambodia.

The concern that the UN would uncover the murderers who committed the mass killing during the Pol Pot's era has prompted Vietnam to push its puppet Hun Sen to react strangely to case 003, 004's initiative in an effort to impede the KRT from going smoothly.

If Vietnam is the real Cambodians' savior, why Vietnam is so apprehensive about the KRT, especially concerning case 003 and case 004?