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

C. KHIEU SAMPHAN⁴⁶¹⁶

Background

1111.       Khieu Samphan alias "Haem", "Hem"⁴⁶¹⁷, "Khang"⁴⁶¹⁸ or "Nan"⁴⁶¹⁹ is a long-standing activist within the Cambodian Communist movement. Whilst studying in France in the 1950s he began engaging in political activism.⁴⁶²⁰ He joined the Marxist-Leninist Circle, which had been founded by Ieng Sary. Pol Pot, Son Sen and Ieng Thirith were also members of the Circle.⁴⁶²¹ He also joined the French Communist Party.⁴⁶²²

1112.       After his return to Cambodia, Khieu Samphan worked as a teacher.⁴⁶²³ In 1959, he founded the French language newspaper, L'Observateur, supported and funded by Cambodian communist activists.⁴⁶²⁴ Khieu Samphan was monitored by the police and harassed (and publicly humiliated) for the publication of criticism of the government in L'Observateur. In August 1960, he was arrested and held without charge for two months.

1113.       In 1962, Khieu Samphan joined Norodom Sihanouk's Sangkum Reatsr Niyum movement and was elected as representative for Saang district in Kandal province and appointed Secretary of State for Trade.⁴⁶²⁵ However, he was forced to resign in 1963.⁴⁶²⁶ He was re­elected as representative in 1966 but his position became untenable due to Party conflict and instability. Following accusations that he instigated the peasant uprising of Samlaut in 1966, he was summoned to appear before a military tribunal. Fearing his imminent arrest, he fled Phnom Penh on 22 April 1967.⁴⁶²⁷ He found refuge in the village of Chieng Tong, Samrong Tong District, Kampong Speu Province, under the protection of Ta Mok,⁴⁶²⁸ where he remained until 1970.⁴⁶²⁹

1114.       After the overthrow of Norodom Sihanouk in 1970 when the National United Front of Kampuchea was formed, Khieu Samphan met with Pol Pot and Nuon Chea and other CPK senior leaders at the Communist Party headquarters in the region between Kampong Thom and Kampong Cham.⁴⁶³⁰ Khieu Samphan was appointed to a number of senior positions, including Deputy Chairman of the National United Front of Kampuchea and Commander-in- Chief of the National People's Liberation Army of Kampuchea.⁴⁶³¹ On 5 May 1970 Khieu Samphan was confirmed as the Deputy Prime Minister and Minister of National Defense for GRUNK⁴⁶³² and he led international delegations in this role.⁴⁶³³ Following the 1970 coup he was given the responsibility for relations with Norodom Sihanouk.⁴⁶³⁴

1115.       In 1971 Khieu Samphan was admitted as a candidate member to the Central Committee of the CPK.⁴⁶³⁵ On 9 September 1972, Khieu Samphan, Hou Yun and Hu Nim made an appeal to monks and city dwellers in Phnom Penh and in other provincial towns which were under the enemy's temporary control to "rise up to smash the enemy" ⁴⁶³⁶ Between January and April 1975, Khieu Samphan publicly announced several times that victory was imminent, urging the people of Phnom Penh to fight to liberate the nation⁴⁶³⁷ and claiming that FUNK and GRUNK would take over Phnom Penh.⁴⁶³⁸