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 (or, Indictment). The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (co-prosecutors, lead co-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 is hearing the substantive (sic!) arguments over the criminal charges   (genocide against Buddhists, genocide against Vietnamese, genocide against Cham Muslims, crimes against humanity at the 200 prisons, mass crimes in countless killing fields, Eastern Zone purges, penal code of 1956, etc.) of only the Phase I Movement in April 1975.

 Available in Khmer, English and French. Contact the ECCC for a free copy.  

 

CLOSING ORDER (or, INDICTMENT)

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

 

IX. ROLES OF THE CHARGED PERSONS

C. KHIEU SAMPHAN⁴⁶¹⁶

Participation in the Common Purpose

Cooperatives and Worksites

1164.       Through his various roles in the CPK, Khieu Samphan participated in the establishment and operation of cooperatives and worksites.

Participation in the Creation of this Policy

1165.       During the CPK regime, Khieu Samphan was involved in the continued planning of this policy by his attendance at Standing Committee meetings or through access to their minutes⁴⁷⁶⁵ and in the development of the Four Year Plan to build socialism in all fields.⁴⁷⁶⁶ It was also addressed at an enlarged meeting of the Standing Committee in September 1975 at which the rapid strengthening of agriculture was discussed.⁴⁷⁶⁷ He may have further assisted with the planning of this policy through involvement with the Council of Ministers.⁴⁷⁶⁸ Khieu Samphan also stated that this policy was decided during meetings of the Central Committee.⁴⁷⁶⁹ Khieu Samphan attended the Standing Committee meetings at which the decision was made to establish Kampong Chhnang Airport.⁴⁷⁷⁰

Endorsement of this Policy

1166.       Khieu Samphan made a number of speeches between 1975 and 1979 in which he endorsed this policy, reported on achievements and progress with rice, rubber and salt production, gave details about the living and working conditions of the worksites and cooperatives, and encouraged workers to work vigorously.⁴⁷⁷¹ In a speech he delivered on 14 December 1975, Khieu Samphan stated that "Our people are restoring the economy and building the country with soaring enthusiasm everywhere, both in the cities and the countryside. There are work sites everywhere where our people are making a1l out efforts to create, establish and improve factories, develop industry and boost agricultural production as well as to transform the outlook of the countryside ... Everybody works in the fields because our workers practice the collective system of labor" ⁴⁷⁷²

1167.       During the 15 April 1977 mass meeting celebrating the second anniversary in Phnom Penh, Khieu Samphan praised the child workers who were "helping to build dams and embankments, and dig reservoirs and ditches" ⁴⁷⁷³ Similarly at the third anniversary mass meeting, he congratulated the people who had "fulfilled the plan of our party and Government" with respect to agriculture and rice-growing.⁴⁷⁷⁴

Knowledge and Implementation of this Policy

1168.       Khieu Samphan was aware of the various ways in which this policy was implemented throughout Cambodia. He travelled extensively throughout Cambodia to inspect worksites and cooperatives. He has stated that he accompanied Prince Norodom Sihanouk to the Centre and Northwest Zones and had "witnessed the organization efforts in the countryside" and did a further "study-tour" in the West and Southwest Zones.⁴⁷⁷⁵ During a tour with Prince Norodom Sihanouk between 15-17 January 1976, Khieu Samphan witnessed tens of thousands of workers doing manual labour in cooperatives.⁴⁷⁷⁶ Khieu Samphan's driver stated that he took Khieu Samphan and Prince Norodom Sihanouk to visit the provinces of Siem Reap, Battambang, Kampot and Kampong Som.⁴⁷⁷⁷ Another witness also stated that he saw Khieu Samphan accompany Sihanouk "many times" to relax such as in Kandal, Takeo, Kampong Cham, and around Phnom Penh.⁴⁷⁷⁸

1169.       Witnesses gave evidence that Khieu Samphan visited the Kampong Chhnang Airport worksite⁴⁷⁷⁹ and the 1^st January Dam worksite⁴⁷⁸⁰ as well as other worksites and cooperatives,⁴⁷⁸¹ hospitals,⁴⁷⁸² an auto repair facility,⁴⁷⁸³ a garment factory,⁴⁷⁸⁴ and warehouses.⁴⁷⁸⁵ Some of these witnesses state that the purpose of Khieu Samphan's visits to the sites was to specifically inspect the working conditions and the food rations being provided to the workers.⁴⁷⁸⁶ Witness also stated that Khieu Samphan made speeches urging the workers to work faster and more vigorously.⁴⁷⁸⁷

1170.       Khieu Samphan was also aware that rice was being exported by the CPK during a period when the population was facing starvation. A report sent by Van Rit to Khieu Samphan on 4 November 1978 reported that during January-September 1978, 29,758 tons of paddy and rice were exported.⁴⁷⁸⁸ During this same period, the Revolutionary Flag magazine had informed all Party members that there was a rice shortage and implicitly admitted there was starvation in the country.

1171.       Khieu Samphan's knowledge of the creation of cooperatives and worksites, and the living and working conditions at these sites, is also demonstrated through his public letters⁴⁷⁹⁰ and books.⁴⁷⁹¹