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
S-21 Security Centre
1500. As regards the actus reus, the personnel of S-21, through the procedures imposed upon all detainees at the security centre, deprived Vietnamese prisoners of war and Vietnamese civilians of the rights of fair and regular trial and other judicial guarantees, in particular those provided for in the third and fourth Geneva Conventions 1949.5286
1501. The captured Vietnamese prisoners of war and civilians were not treated any differently to any other detainee at the S-21 security centre; they were tortured during interrogation compelling them to make confessions, then were victims of extrajudicial executions. At no point were these protected persons formally charged with any offence, brought before a court, tried and had judgment pronounced.
1502. In particular, through the procedures imposed upon these protected persons they were denied:
- the right to be judged by an independent and impartial court;
- the right to be promptly informed of the offence with which they were charged;
- the rights and means of a defence;
- the protection against collective punishment;
- the presumption of innocence; and
- the right of an appeal and the right not to be sentenced without judgment pronounced by a competent court.
1510. As regards the mens rea, the denial of these rights of fair and regular trial was committed by the personnel of S-21 intentionally or recklessly.
Au Kanseng Security Centre
1511. As regards the actus reus, the personnel of Au Kanseng security centre, through the procedures imposed upon the captured Jarai detainees, deprived these civilians of the rights of fair and regular trial and other judicial guarantees, in particular those provided for in the fourth Geneva Convention 1949.
1512. At no point were these Jarai civilians formally charged with any offence, brought before a court, tried and had judgment pronounced. Once the personnel of Au Kanseng received instruction from the CPK Centre; these protected persons were extra-judicially executed.
1513. In particular, through the procedures imposed upon these protected persons they were denied:
- the right to be judged by an independent and impartial court;
- the right to be promptly informed of the offence with which they were charged;
- the rights and means of a defence;
- the protection against collective punishment;
- the presumption of innocence; and
- the right of an appeal and the right not to be sentenced or executed without judgment pronounced by a competent court.
1514. As regards the mens rea, the denial of these rights of fair and regular trial was committed by the personnel of Au Kanseng security centre intentionally or recklessly.
4 comments:
stupid, primitive, ignorant KR regime thought they could last forever with their primitive system of commy and brutality and atrocity and so forth. now they all getting so old and waiting for their final day on earth due to old age. shame on those stupid, primitive, ignorant KR leaders. there's no doubt they abused millions of people and cause destruction to cambodia. god will see to it that they all go to hell sooner or later, really. god can forgive but only when they repent themselves and tell god that about all their sins and then god may forgive them for their atrocious act against cambodia and khmer people during their primitive, stupid, ignorant rule, you know.
it sad to learn that the stupid, ignorant KR leaders learned their primitive skills of leadership from the ratanakiri hilltribes when they were in hiding in cambodia during fighting with the lon nol gov't then. how stupid of them to adopt their hillybilly's stone age system! no wonder cambodia under them was set back to the stone age era again. thank god, they did not last long, even their 3 years 8 months, 20 days rules was so destructive to cambodia and khmer people. they all will go to hell now that they are so old and sick. they they die, i think people will burn these KR leaders bodies in the trash dumpster. we know khmer people hated them so, you know!
it makes sense now that we think of it, i.e., primitive society like the KR's didn't need any law. now, you see why i hate primitive society, you know!
a fucking hun sen wants to continue the court just to collect the money from the UN back tribunal bla bla and bla and then the whole world is laughing at the bloody court system while the dead is still waiting for their justice to be done on earth and in heaven. a hun sen thinks everyone is stupid accept him hahaha I like that very much.
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