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

 

  Extermination

 

 

1381. The legal elements of the crime against humanity of extermination have been established.⁵²⁶³ These facts concern people who were killed or who died en masse at the execution sites: Choeung Ek, execution sites in District 12, Steung Tauch and Tuol Po Chrey; in the security centres at 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; and at the worksites 1^st January Dam, Kampong Chhnang Airport, Prey Sar, the Srae Ambel worksite, the Trapeang Thma Dam and the Tram Kok Cooperatives. The legal elements of extermination have also been established in regard to phases 1 and 2 of the population movement, and in regard to the treatment of Vietnamese and Chams.

1382. As regards the actus reus, the perpetrators' acts and omissions, either direct or indirect, caused the deaths of a very large number people, including through the creation of conditions that were calculated to bring about the destruction of part of the population. Even in the absence of exact figures as to the number of deaths and the lack of identification of all the victims' bodies, the evidence on the Case File is enough to establish the deaths of tens of thousands of people.

1383. While there is no minimum threshold for the number of victims required to establish extermination, in each of the instances described above, taking into account the number of deaths, evidenced by documentary records, eye-witness accounts and the discovery bywitnesses of a large number of bodies in mass graves, in addition to the relevant evidence set out infra, the magnitude of the acts is sufficient and they were clearly of a collective nature.

1384. As regards execution sites, as already noted in the legal characterisation of murder above, the very rationale for such sites was to assist in the mass executions.

1385. As regards security centres and the Prey Sar worksite, in addition to individual killings, there is sufficient evidence of executions and deaths, as a result of torture and other acts of violence, of both a massive and collective character. This includes documentary records establishing the deaths of more than 12,000 people at S-21 and more than 15,000 at Kraing Ta Chan.

1386. Regarding the treatment of Vietnamese beginning in April 1977, and that of the Chams beginning in 1977, the execution of members of these groups increased progressively until it reached such a scale as to qualify as extermination. The extermination of Chams was perpetrated, notably, in the security centres of Trea Village and Wat Au Trakuon.

1387. Moreover, as set out in the sections characterizing "Other Inhumane Acts" and persecution, many people died as a result of the conditions imposed during phases 1 and 2 of the population movement and also in security centres; such conditions included deprival of food, accommodation, medical care and hygiene. This was also the case at worksites, with the added factor of hard labour.

1388. As regards the requisite mens rea for the crime of extermination, the perpetrators of the acts or omissions which resulted in deaths at the sites listed above, had the intent to cause the death of a large number of people, as did the CPK leaders.

1389. Finally, in light of the deaths as a result of the living conditions imposed during the population movements and in security centres and worksites, the direct perpetrators acted with the knowledge that the living conditions imposed would result in a large number of deaths. Despite being informed of the number of deaths resulting from those conditions, they still persisted in imposing them. In light of all these elements, the Co-Investigating Judges consider that extermination has been established in this instance.

1390. These exterminations, committed mostly by CPK cadres, personnel, armed or security forces, were an integral part of the means used to achieve the common purpose of eliminating "enemies". These acts were part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. Their commission throughout the country, as reported by many witnesses and civil parties on situations falling outside the crime scenes included in the judicial investigation, demonstrates that they were widespread and clearly indicates that they were decided upon and coordinated by the CPK leaders within the framework of the common purpose.