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 

XIII. CRIMES AGAINST HUMANITY 

A.  "CHAPEAU" ELEMENTS 

 

B. UNDERLYING OFFENCES CONSTITUTING CRIMES AGAINST HUMANITY  

 

Murder

 

1370.       The legal elements of the crime against humanity of murder have been established.⁵²⁶² These facts concern the persons killed at execution sites in District 12, Steung Tauch, Tuol Po Chrey and Choeung Ek; and in the security centres Koh Kyang, Kok Kduoch, Kraing Ta Chan, the North Zone security centre, Phnom Kraol, Au Kanseng, Prey Damrei Srot, S- 21, Sang, Wat Kirirum and Wat Tlork. The legal elements of murder have also been established in regard to phases 1 and 3 of the population movements; at worksites at the 1^st January Dam, Kampong Chhnang Airport, Prey Sar, and the Trapeang Thma Dam; and the treatment of Buddhists,Vietnamese and the Cham.

1371.       As regards the actus reus, the victims' deaths were the result of the perpetrators' acts or omissions; those acts or omissions were the main cause of the victims' deaths.

1372.       The execution sites listed below were designed to assist in mass executions, far from the view of the population, pursuant to the CPK's policy of "smashing enemies". The victims were mainly soldiers and officials of the Lon Nol regime at Tuol Po Chrey, members of the "new people" who were evacuated from Kampong Chnnang and Phnom Penh to execution sites in District 12, and villagers who were perceived as "having links" with the purged secretary of the East Zone, Sao Phim, at Steung Tauch.

1376. As regards security centres, for the entire period of the regime, the personnel of these centres, both directly and indirectly, caused the death of a large number of detainees. In most instances, the prisoners were killed deliberately through a variety of means, including summary execution in or near the security centres. Moreover, many prisoners died as a result of torture and ill-treatment.

1377. Whilst the main purpose of the population movements and worksites was not to kill the persons concerned, the evidence on the Case File shows that some people were executed by CPK armed forces shortly before, during or upon arrival from phases 1 and 3 of the population movements. Moreover, the surveillance of individuals at the worksites was aimed at identifying "enemies", notably those who refused to be transferred or those who were unable to perform the work assigned to them. The victims were usually killed in situ (Trapeang Thma Dam) or were arrested and taken away to be killed nearby (1^st January Dam, Kampong Chhnang Airport and Prey Sar).

1378. Murders were also perpetrated during the ill-treatment of Buddhists (monks who refused to be defrocked), Vietnamese (those who resisted deportation in 1975-1976) and Chams (Kroch Chhmar and Wat Au Trakuon security centres). As described in the above finding of genocide, the killing of Vietnamese and Chams became widespread beginning in 1977.

1379. As regards mens rea, the perpetrators of most of the killings, acting under the authority of the CPK in the implementation of its common purpose of ensuring security and "smashing enemies", had the intent to cause death. Even in instances where torture or violence resulted in death without the perpetrators having had such intent, they must have reasonably foreseen that the injury could cause death, considering the serious its effect on the victims' physical wellbeing.

1380. These murders, perpetrated by CPK cadres, personnel, armed and security forces, were an integral part of the means used to achieve the common purpose of eliminating "enemies", notably through the implementation of the Central Committee's policy, as promulgated on 30 March 1976, pursuant to which the authority to "smash" persons "outside the ranks of the revolution" was delegated to autonomous zone and sector committees. The murders were thus an integral part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. In this instance, the fact that murders were perpetrated throughout the country, as reported by many witnesses and civil parties on situations falling outside the crime scenes included in the judicial investigation, confirms their widespread nature and clearly indicates that they were decided upon and coordinated by the CPK leaders within the framework of the common purpose.