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

 

 

Targeting of Groups

 

Treatment of Buddhists

1111.        This group was targeted while Ieng Sary was a full-rights member of the Standing Committee. However, when Ieng Sary was asked in an interview in 1975 whether the CPK respects the Buddhist religion, he responded "We respect the religious beliefs of everybody. People have the right to believe, but they must respect the State law. The pagodas in Cambodia are open" ⁴⁵⁶⁹

Treatment of Cham

1112.        The Chams were targeted while Ieng Sary was a full-rights member of the Standing Committee, and therefore he must have been aware of the policy implementaed against them.

Treatment of Vietnamese

1113.        This group was targeted while Ieng Sary was a full-rights member of the Standing Committee and Deputy Prime Minister for Foreign Affairs. Ieng Sary was not only aware of

the treatment of Vietnamese, he also actively contributed to the implementation of this part of the CPK policy.

1114.       Ieng Sary made various speeches that were broadcast over the radio, in which he provided information intended to engender fear and hatred of the Vietnamese or to otherwise win support for the targeting of this group. In a speech on 22 April 1978, he stated that "enemies," including Vietnamese, had been "wiped out"⁴⁵¹⁰ During a speech on 9 September 1978, he stated that the Cambodian people had "succeeded in defeating a series of interference and subversion, coup attempts and large-scale offensives carried out by the expansionist and annexationist Vietnamese enemy aggressors"⁴⁵¹¹ In a speech on 30 September 1978, he stated that the "aggressor, expansionist and annexationist Vietnamese" had been "strategically defeated"⁴⁵¹² In a speech on 1 December 1978, he stated that Vietnam had been "escalating its acts of aggression, expansion and territorial annexation against Democratic Kampuchea" and that the "Kampuchean People and revolutionary army" would "continue to maintain mastery and will hand Vietnam successive defeats, dealing it more and more crippling setbacks ".⁴⁵⁷³ These speeches were made in the context of mass killings of Vietnamese civilians in Prey Veng and Svay Rieng and in other parts of Cambodia, as set out in the section of the Closing Order regarding the Factual Findings of Crimes.

1115.       Further, Ieng Sary was aware of the treatment of Vietnamese throughout Cambodia and during incursions into Vietnam through verbal reports and the receipt of telegrams. For example, he received several telegrams stating that units of RAK had engaged, arrested or killed Vietnamese,⁴⁵⁷⁴ including instances in which military units reported of having attacked and killed civilians.⁴⁵⁷⁵ A telegram dated 15 June 1977, sent by Vy alias Um Neng, in his then capacity as Secretary of the Northeast Zone to "Respected Brother," and copied to Ieng Sary, reports of the arrest of 209 Vietnamese Jarai by Division 801.⁴⁵⁷⁶ As set out in the section of the Closing Order regarding the Factual Findings of Crimes for the Au Kanseng Security Centre, they were subsequently executed. Another telegram dated 1 April 1978 from Division 164 reported that 120 Vietnamese had been captured or shot,⁴⁵⁷⁷ while another dated 14 August 1977 advised that the Vietnamese media had reported on the mass killing of 1,000 Vietnamese civilians by Cambodian forces.⁴⁵⁷⁸ Further, Ieng Sary distributed, through B-1, a collection of "confessions"⁴⁵¹⁹ by Vietnamese soldiers and 'spies' which had been extracted at S-21.⁴⁵⁸⁰

1116.        Ieng Sary also distributed the Black Paper⁴⁵⁸¹ which argued that the "true nature of the Vietnamese and Vietnam" was "a nature of aggressor, annexationist and swallower of other countries' territories".⁴⁵⁸²