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
Persecution on Political, Racial or
Religious Grounds
1411.
The legal elements of the crime against humanity
of persecution on political, racial or religious grounds have been established.5268
In the instances set out below, the perpetrators' acts or omissions had actual
discriminatory consequences, in violation of one or more fundamental rights
recognized under customary or conventional international law. Together, these
acts or omissions were of extreme gravity. People were targeted on account of
their real or perceived membership of a group as defined by the CPK
authorities, based on political, racial or religious criteria.
Political
Persecution
1412.
As regards political persecution, the facts cover
nearly all the sites within the scope of the investigation, namely: phases 1, 2 and 3 of the
population movements; the worksites 1st January
Dam, Kampong Chhnang Airport, Prey Sar, Srae Ambel, the Tram Kok Cooperatives and the Trapeang Thma Dam; the security centres at Koh Kyang, Kok Kduoch,
Kraing Ta Chan, the North Zone, Phnom
Kraol, Au Kanseng, Prey Damrei Srot, S-21, Sang, Wat Kirirum, and Wat Tlork; and
the execution sites at Choeung Ek, execution Sites in District 12,
Steung Tauch and Tuol Po Chrey.
1417.
The CPK authorities identified several groups as "enemies" based on
their real or perceived political beliefs or political opposition to those
wielding power within the CPK. Some of these categories of people, such as
former ranking civilian and military personnel of the Khmer Republic, were
automatically excluded from the common purpose of building socialism. As for
junior officials of the former regime, some were arrested immediately after the
CPK took power, because of their allegiance to the previous government, and
many were executed at security centres such as S-21
and at Tuol Po Chrey. The entire population
remaining in towns after the CPK came to power was labelled as "new
people" or "17 April people", and subjected to harsher treatment
than the old people, with a view to reeducating them or identifying
"enemies" amongst them. Intellectuals, students and diplomatic staff
who were living abroad were recalled to Cambodia and, upon arrival, were sent
to reeducation camps or to S-21. The categories
of so-called "enemies" continued to expand over time. Moreover, the
identification of people as targets for persecution, on the basis that anyone
who disagreed with the CPK ideology was excluded, amounts to persecution on
political grounds.
1418.
In cooperatives and worksites, and during population movements, real or perceived enemies of
the CPK were subjected to harsher treatment and living conditions than the rest
of the population. Also, they were arrested en masse
for reeducation and elimination at security centres
and execution sites.
Religious
Persecution
1419.
As regards religious persecution, Buddhists and Chams were systematically
targeted for persecution on a widespread basis. Buddhist and Cham people were
targeted on discriminatory grounds, due to their membership of the group. The
acts described below constituted violations of their fundamental rights.
1420.
The elements of the crime of religious persecution of the Cham have been
established (see the sections regarding
"Treatment of the Cham", phase 2 of the movement of population
and the "1st January Dam").
There was a country-wide suppression of Cham culture, traditions and language.
The CPK banned the practice of Islam and forbade the Cham from praying, seized
and burned Qurans, closed or destroyed mosques, and forced Cham people to eat
pork. Religious leaders and learned Islamic scholars were arrested and killed.
Cham women were forced to cut their hair and were prohibited from covering
their heads. Cham communities were broken up and Cham people were forcibly
moved throughout Cambodia and dispersed among other communities.
1421.
With respect to Buddhists, religious persecution
has been established throughout every zone in Cambodia, including at the
following sites Wat Damnak Trayoeng, Wat Samrong, Wat
Kirirum, Wat Chambak, Wat Ta Kut and Wat Me, Wat Thlork, Wat Chey Mongkul, Wat
Antung Vien and at the Tram Kok Cooperatives.
Buddhism was prohibited. Pagodas and sanctuaries were destroyed, or converted
for other purposes, and images of Buddha were destroyed. Virtually all Buddhist
monks and nuns were defrocked and some monks were threatened with death or
killed if they did not comply. One former monk states that he was forced to
marry.
Racial
Persecution
1422.
Vietnamese people were persecuted on the basis
that the CPK considered the Vietnamese to be racially distinct from Cambodian
people, based on biological and particularly matrilineal descent. Racial
persecution has been established in Prey Veng
and Svay Rieng, as well as at the security
centres Kraing Ta Chan, Kok Kduoch, Au Kanseng, S-21
and at the Tram Kok Cooperatives. Vietnamese
people were deliberately and systematically identified and targeted due to
their perceived race. In some cases, Vietnamese people were expelled from
Cambodian territory and sent to Vietnam. In other cases, Vietnamese people were
arrested, detained or killed. From April 1977, Vietnamese people were gathered
up and killed en masse throughout Prey Veng and Svay Rieng.
Vietnamese people were often identified through the use of pre-prepared
statistical lists or registration of those people as Vietnamese, and the
perpetrators often took steps to ensure that they were Vietnamese before they
were killed.
1423.
As regards the mens
rea, in this instance, the intent to discriminate on political, racial
or religious grounds is reflected in the context of the attack and the
circumstances surrounding the commission of the acts.
1424.
Indeed, as regards
persecution on political grounds, numerous elements indicate that
"enemy" groups, such as the new people and personnel of the Khmer
Republic, were treated differently. Such treatment, based on official
pronouncements and documentary records concerning those groups, confirms that
the perpetrators had the specific intent to cause the victims harm because they
belonged to these "enemy" groups. For example, individuals that the
Party Centre saw as political opponents and who were sent to S-21, often with their family members or close
relations, were labelled as enemies in the service of the United States, the
USSR or the Vietnamese, who deserved to be executed.
1425.
Such persecution, perpetrated largely by CPK cadre and security centre
personnel, or under their authority, was an integral part of the means used to
achieve the common purpose of eliminating enemies, in that it was among the
measures directed against specific groups. It was thus part of the attack
against the civilian population, and this was known to the perpetrators and the Charged Persons. In this instance, numerous
witnesses and civil parties in situations falling outside the judicial
investigation reported that these crimes were widespread and clearly indicated
that they were decided upon and coordinated by the CPK leaders in the framework
of the common purpose.
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