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
B. UNDERLYING OFFENCES CONSTITUTING GRAVE BREACHES OF THE GENEVA CONVENTIONS 1949
Inhumane Treatment
S-21 Security Centre
1500. As regards the actus reus, the personnel of S-21, through the conditions imposed upon detainees at the security centre inflicted upon the protected persons acts or omissions causing serious physical or mental pain, suffering or injury, or acts which amounted to serious attacks on human dignity, constituting inhumane treatment.5284
1501. These conditions included the general conditions of detention of the protected persons, including the overcrowded living conditions and the lack of adequate sanitation, medicine, food or clothing; which amounted to the infliction of serious physical or mental suffering or injury as well as serious attacks on the human dignity of the protected persons. These conditions individually or collectively depressed, degraded, and dehumanised detainees who were kept in a permanent climate of fear.
1502. As regards the mens rea, the infliction of this inhumane treatment was committed by the personnel of S-21 intentionally or recklessly.
2 comments:
it's funny during sihanouk era when they pretend or staged a funeral of khiev samphan, telling the nation he was dead then. but he know it was all their evil doing or trick when khiev samphan reappeared to take over the stupid, primitive KR regime, you know. i told you, those outdated political, all so old now, were evil and dirty in their ambition. they played trick on the nation. shame on them as people are better educated now and not stupid and primitive like those old, ageing outdated leaders of the bygone era in cambodia. i don't hate cambodia, i hate stupid, primitive, ignorant people, you know!
hurry up with the KR trial, they all die from old age soon if they prolong too much, you know. they all getting so old now, so hurry up!
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