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) make 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

 

PART THREE:  LEGAL FINDINGS 

X.  PERSONAL JURISDICTION

1327. The judicial investigation establishes that Nuon Chea, Ieng Sary, Ieng Thirith and Khieu Samphan were senior leaders of Democratic Kampuchea during the period of ECCC temporal jurisdiction, due to their de facto and de jure hierarchical authority, in the respective positions set out in the "Roles of the Charged Persons" section of this Closing Order.

1328. In addition, or in the alternative, due to their personal participation in the implementation of the CPK's common purpose through criminal means, as set out in particular in the "Factual Findings - Joint Criminal Enterprise" section of this Closing Order, each of them may be considered as falling within the category of those most responsible for crimes and serious violations committed between 17 April 1975 and 6 January 1979.