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

B. OTHER MODES OF RESPONSIBILITY

1543.       The Co-Investigating Judges will analyze in detail, for each crime examined, the nature of each Charged Persons' contribution and their intent with respect to the following modes of responsibility: planning; instigating; aiding and abetting; ordering and superior responsibility.

Planning

Instigating

 Aiding and Abetting

0rdering

1553. Criminal responsibility for ordering results when person in a position of authority gives or transmits implicitly or explicitly, the order to commit a crime, with the intention or the awareness of the real probability that the crime may be committed during the execution of the order. This order must have been determinative in the commission of the crime.⁵³⁰⁰

1554. Pursuant to the evidence set out in the "Roles of the Charged Persons" section of this Closing Order, there is sufficient evidence that Nuon Chea, Ieng Sary, and Khieu Samphan ordered their subordinates (the RAK; Zone, sector, district members; local militia and cadre; security office staff; and supervisors and unit chiefs of worksites and cooperatives) which contributed to the commission of the following crimes:

GENOCIDE, by killing, punishable under Articles 4, 29 (new) and 39 (new) of the ECCC Law, specifically, genocide of:

(a)  Cham

(b)  Vietnamese

GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949, punishable under Articles 6, 29 (new) and 39 (new) of the ECCC Law, specifically:

          wilful killing

          torture or inhumane treatment

          wilfully causing great suffering or serious injury to body or health

          wilfully depriving a prisoner of war or civilian the rights of fair and regular trial

          unlawful confinement of a civilian

         unlawful deportation of a civilian

CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:

(a)  murder

(b)  extermination

(c)  enslavement

(d)  deportation

(e)  imprisonment

(f) torture

(g)  rape in the context of forced marriage

(h)  persecution on political grounds

(i)  persecution on racial grounds of the Vietnamese (j) persecution on religious grounds of the Cham (k) persecution on religious grounds of Buddhists

(l) other inhumane acts through "attacks against human dignity", forced marriage, forced transfer and enforced disappearances

1555. With regard to Ieng Thirith, pursuant to the evidence set out in the "Roles of the Charged Persons" section of this Closing Order, there is sufficient evidence that she gave orders to, in particular on matters of public health, her subordinates in the Ministry of Social Action, which contributed to the commission of the following crimes:

CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:

(a)  other inhumane acts through "attacks against human dignity" and forced marriage

(b)  rape in the context of forced marriage

(c)  persecution on racial grounds of the Vietnamese

1556. Conversely, pursuant to the evidence set out in the "Roles of the Charged Persons", "Factual Findings - Crimes" and "Legal Findings" sections of this Closing Order, there has not been sufficient evidence from the investigation of the facts of which the Co-Investigating Judges have been seized, of Ieng Thirith having given orders (in particular as regards public health) to the perpetrators of the following crimes:

GENOCIDE, by killing, punishable under Articles 4, 29 (new) and 39 (new) of the ECCC Law, specifically, genocide of:

(a)  Cham

(b)  Vietnamese

GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949, punishable under Articles 6, 29 (new) and 39 (new) of the ECCC Law, specifically:

(a)  wilful killing

(b)  torture or inhumane treatment

(c)  wilfully causing great suffering or serious injury to body or health

(d)  wilfully depriving a prisoner of war or civilian the rights of fair and

regular trial

(e)  unlawful confinement of a civilian

(f) unlawful deportation of a civilian

CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:

(a)  murder

(b)  extermination

(c)  enslavement

(d)  deportation

(e)  imprisonment

(f) torture

(g)  persecution on political grounds

(h)  persecution on religious grounds of the Cham

(i)  persecution on religious grounds of Buddhists

(j) other inhumane acts through forced transfer and enforced disappearances