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

 II.  LEGAL FINDINGS ON MODES OF RESPONSIBILITY

A.  JOINT CRIMINAL ENTERPRISE

Findings of Responsibility under the Joint Criminal Enterprise

1531. With regard to the contribution or participation of the Charged Persons to the Joint Criminal Enterprise and their intention to further the common purpose the Co-Investigating Judges make the following legal findings:

Nuon Chea

1532. Nuon Chea's membership in the Joint Criminal Enterprise has been established. As set out in the sections of this Closing Order concerning Nuon Chea and the "Factual Findings - Joint Criminal Enterprise", Nuon Chea participated or contributed to the design, implementation and control of the execution of the Common Purpose both before and during the CPK regime, which resulted in and/or involved the commission of crimes. He exercised this authority by virtue of being Deputy Secretary and member of the Military Committee of the Central Committee and full-rights member of the Central and Standing Committees, the highest decision-making bodies in the country, and through the CPK's imposition of a strict chain of command from the Centre to the base. In these roles, Nuon Chea attended high level meetings where policy was decided and participated in the elaboration of CPK official policy documents. By supervising S-21 and internal security throughout Cambodia, Nuon Chea assumed significant responsibility for the implementation of the policy issuing directives to and receiving reports from his subordinates. Nuon Chea publically explained, endorsed and encouraged the CPK's policies through his involvement in CPK propaganda and in speeches, by chairing mass political trainings, and by personally visiting the provinces.

1533. As set out above the implementation of the JCE common purpose resulted in and/or involved the commission of crimes. By his words, his actions and his omissions Nuon Chea intended this result.

Ieng Sary

            Ieng Sary's membership in the Joint Criminal Enterprise has been established. As set out in the sections of this Closing Order concerning Ieng Sary and the "Factual Findings - Joint Criminal Enterprise", Ieng Sary participated or contributed to the design, implementation and control of the execution of the common purpose both before and during the CPK regime, which resulted in and/or involved the commission of crimes. He exercised this authority by virtue of his full-rights membership of the Central and Standing Committees, the highest decision-making bodies in the country, and through the CPK's imposition of a strict chain of command from the Centre to the base. In these roles, Ieng Sary attended high level meetings and major Party gatherings where policy was decided and disseminated, participated in decisions on internal security, issued directives to his subordinates and received reports from them, publically explained and endorsed the CPK's policies in speeches and interviews, and personally visited the provinces. As Deputy Prime Minister, Ieng Sary was also responsible for the Ministry of Foreign Affairs, its embassies abroad, and the public dissemination of CPK policy. In this role he advised the Standing Committee on foreign affairs matters, explained and endorsed the CPK's polices to visiting delegations and abroad including to the United Nations, supervised internal security matters and conducted political indoctrination sessions within his Ministry, recalled overseas intellectuals and officials to Cambodia, and oversaw a number of re-education offices in Phnom Penh.

            As set out above the implementation of the JCE common purpose resulted in and/or involved the commission of crimes. By his words, his actions and his omissions Ieng Sary intended this result.

Khieu Samphan

1536. Khieu Samphan's membership in the Joint Criminal Enterprise has been established. As set out in the sections of this Closing Order concerning Khieu Samphan and the Factual Characterizations of the Joint Criminal Enterprise, Khieu Samphan participated or contributed to the design, implementation and control of the execution of the common purpose both before and during the CPK regime, which resulted in and/or involved the commission of crimes. He exercised this authority by virtue of his membership of the Central Committee and regular participation in the Standing Committee, the highest decision-making bodies in the country, and through the CPK's imposition of a strict chain of command from the Center to the base. In these roles, Khieu Samphan: attended and contributed to high-level meetings and major Party gatherings where policy was decided and disseminated; attended regular meetings with zone, sector and district cadres; worked within Political Office 870 at which the common purpose of the Party was implemented and monitored; and personally travelled throughout the provinces. Khieu Samphan endorsed and disseminated the common purpose internationally and domestically through his speeches and radio broadcasts, his presentations at major Party gatherings, and through political indoctrination and study sessions, and his foreign trips as a member of CPK delegations.

1537.       As set out above the implementation of the JCE common purpose resulted in and/or involved the commission of crimes. By his words, his actions and his omissions Khieu Samphan intended this result.

Ieng Thirith

1538.       Ieng Thirith's membership in the Joint Criminal Enterprise has been established. As set out in the sections of this Closing Order concerning Ieng Thirith and the "Factual Findings - Joint Criminal Enterprise", Ieng Thirith participated or contributed to the design, implementation and control of the execution of the common purpose, both before and during the CPK regime, which resulted in and/or involved the commission of crimes. Ieng Thirith exercised this authority as Minister of Health and Social Affairs and through the CPK's imposition of a strict chain of command from the Center to the base. In these roles, Ieng Thirith participated in some meetings of the Central Committee, in the meetings of the Council of Ministers, as well as meetings in K-1 and K-3 and major Party gatherings where policy was decided and disseminated. Ieng Thirith was responsible for the dissemination and implementation of these policies, in particular within her Ministry. She endorsed and publically explained the CPK's policies in speeches and interviews, in political indoctrination sessions she conducted in Phnom Penh or while personally visiting the provinces. She implemented them, throughout the country in matters related to health and social affairs and within her Ministry in matters related to security.

1539.       As set out above the implementation of the JCE common purpose resulted in and/or involved the commission of crimes. By her words, her actions and her omissions Ieng Thirith intended this result.

Joint Criminal Enterprise Conclusion

1540. The Co-Investigating Judges find there is sufficient evidence that the Charged Persons, Nuon Chea, Ieng Sary, Khieu Samphan, and Ieng Thirith committed the crimes listed in this Closing order through their membership in the Joint Criminal Enterprise and their contribution to the common purpose as described above. Further, the Charged Persons not only shared with the other members of the Joint Criminal Enterprise the intent that these crimes be committed as part of the common purpose, they were the driving force behind it.⁵²⁹⁶

1541. Having taken everything into consideration, the Co-Investigating Judges consider that the systematic form of JCE (JCE 2) need not be retained, as the basic form of JCE (JCE 1) is that most suited for characterizing the criminal responsibility of the Charged Persons for the crimes described above.

1542. Additionally or in the alternative, one or more of the modes of responsibility described below apply to the instant case.