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

 

 

Enslavement

1391.       The legal elements of the crime against humanity of enslavement have been established.⁵²⁶⁴ These facts concern the Tram Kok Cooperatives and the worksites of 1^st January Dam, Kampong Chhnang Airport, Prey Sar, the Srae Ambel production worksite and the Trapeang Thma Dam. The legal elements of enslavement have also been established in regard to 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.

1392.       As regards the actus reus, the personnel of these cooperatives, worksites and security centres deliberately exercised total control and all of the powers attaching to the right of ownership over of the persons placed there, without them being given any real right to agree.

1393.       Pursuant to the CPK's revolutionary common purpose to build socialism and eliminate internal and external enemies through the establishment of a network of cooperatives, worksites and security centres, prior to 1975 in the zones under its control and throughout the period of the CPK regime, virtually all decisions concerning the victims' physical environment were taken by the local CPK authorities in order to achieve Party goals. This commenced by expropriation of property and imposition of residence in cooperatives, such as Tram Kok. Families were separated according to age, ability to work and productivity. Religious practices, cultural traditions and the exercise of freedom of speech and thought were abolished. The choice of spouse was imposed and responsibility for children's education was taken away from their parents. Total control was exercised over food (collectivized), accommodation, access to medical care and permission to travel, even for family events. Psychological control was exercised through constant surveillance by the Chhlop, self- criticism meetings, enforced disappearances, severe punishment for any attempted escape and the daily use of force, cruel treatment and abuse, threats and coercion aimed at imposing compliance with the regime's policies. A large number of people were sent to security centres simply because they sought more food or complained about their living conditions.

1394.       Moreover, in all the places mentioned above, including security centres, the victims were forced to perform work without their consent, unpaid and without the opportunity to reap the direct benefits thereof. Work venues, duration and schedules were imposed. The victims could not refuse to perform any work assigned to them. The work, coupled with the constraints described above, stripped them of their free will, and amounts to enslavement.

1395.       As regards the mens rea, the perpetrators, acting under the authority of the CPK, in imposing its common purpose of establishing socialism, had the intent to take control of the victims' lives, inter alia, by exercising all the powers attaching to the right of ownership over the victims. This intention can be inferred from the degree of coercive control, its exercise nationwide and the severity of the punishments meted out to those who broke the rules.

1396.       The enslavement, organized largely by CPK cadres, personnel, or armed and security forces, was an integral part of the means used to achieve the common purpose of establishing socialism. It was part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. Its perpetration throughout the country, as reported by many witnesses and civil parties on situations falling outside the crime scenes included in the judicial investigation, testifies to its widespread nature and clearly indicates that it was decided upon and organized by the CPK leaders within the framework of the common purpose.