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

 

Deportation

1391.       The legal elements of the crime against humanity of deportation have been established in Prey Veng and Svay Rieng as well as at the Tram Kok Cooperatives. ⁵²⁶⁵

1392.       As regards the actus reus, a large number of Vietnamese living in Cambodia were forced to leave the places where they had been residing legally and to cross the Vietnamese border. They were forced to leave through threats soon after the CPK came to power and the process continued until 1976. Some of the people who refused to leave were subsequently killed.

1393.       There is no evidence to suggest that the persons thus displaced were not entitled or authorised to reside in the places from which they were displaced. There is no indication that "cleansing" Cambodia of all Vietnamese was conducted for any legitimate reason, recognised under international law, such as ensuring the security of the population or military necessity.

1400. As regards the mens rea, given the number of victims and the organised nature of the displacements, requiring the involvement of the authorities in all parts of Cambodia, the perpetrators of the deportation had the intent to force Vietnamese to leave the country.

1401. The deportation, organized largely by CPK cadres and personnel, or armed and security forces, was an integral part of the means used to achieve the common purpose of protecting the country from internal and external enemies. It was part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. The fact that it was perpetrated throughout the country, over several months, 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 coordinated by the CPK leaders within the framework of the common purpose.