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
Ordering
Superior Responsibility
1557. The responsibility of the superior results from the breach of the duty to prevent the commission of, or punish participants of, the commission of a crime. Consequently, the Charged Persons cannot be sent for trial on the basis of this form of (indirect) responsibility and also on the basis of direct responsibility (such as to commit, plan, incite, aid and abet, or
order).5301
1558. The criminal responsibility of the superior applies at both to military superiors and to civilian superiors, with that a formal hierarchy not being necessary for a person to be considered responsible as a superior.5302 Moreover, for the same crime, multiple superiors (of different levels) may be held to be responsible for having failed in their duty to prevent or punish the commission of a crime by their subordinates, if the condition of effective control is met.5303
1559. In the alternative to the modes of responsibility described above, and pursuant to the evidence set out in the "Roles of the Charged Person" section of this Closing Order, there is sufficient evidence that Nuon Chea, Ieng Sary, and Khieu Samphan are responsible by virtue of superior responsibility by their effective control over their subordinates (the RAK; Zone, Sector, District Committee members; local militia and cadre; security office staff; and supervisors and unit chiefs of worksites and co-operatives) who committed 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) 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
1560. Nuon Chea, Ieng Sary, and Khieu Samphan knew or had reason to know that the commission of the crimes listed above, by their subordinates was imminent, and they failed in their duty to take the necessary measures to prevent the below crimes. Moreover, Nuon Chea, Ieng Sary and Khieu Samphan knew or had reason to know that these crimes had been effectively committed by their subordinates and they failed to fulfil their obligation to punish the perpetrators of these crimes.
1561. With regard to Ieng Thirith, in the alternative to the modes of responsibility described above, and pursuant to the evidence set out in the "Roles of the Charged Persons" section of this Closing Order, there is sufficient evidence that she is responsible in her capacity as a superior because of the effective control which she exercised (particularly in the area of public health) over her subordinates at the Ministry of Social Affairs who committed the following crimes:
CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:
other inhumane acts through "attacks against human dignity" and forced marriage
rape in the context of forced marriage
persecution on racial grounds of the Vietnamese
1562. Ieng Thirith knew or had reason to know of the imminent commission of the crimes listed above by her subordinates and she failed to take the necessary steps to prevent the commission of these crimes. Furthermore, Ieng Thirith knew or had reason to know of the actual commission of these crimes by her subordinates and she failed to punish the perpetrators.
1563. Conversely, pursuant to the evidence set out in the "Roles of the Charged Persons" and "Factual Findings - Crimes" 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, demonstrating Ieng Thirith had effective control over the perpetrators of the following crimes, and consequently she cannot be held responsible for the commission of these crimes in her capacity as a superior:
GENOCIDE, by killing, punishable under Articles 4, 29 (new) and 39 (new) of the ECCC Law, specifically, genocide of:
Cham
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
3 comments:
PUT THEM IN JAILS FOR 5,000 YEARS.
Keep Posring more my KI- Brothers,
Thank you so much, so the new generations could leatrn from our history.
Good ;ucks
A Survivor of Our Own KHMER KILLING FIELDS
If you put them in jail for 5000 let them talk don't shut them up like this ECCC not allow Nuon Chea and Khieu Samphan to talk before 1975 and after 1979 even allowing them to talk between only 1975-1979 still very limited such as if you listen carefully to this ECCC you will hear:
1. As Nil Noon said , out of subject.
2. Answers only my question.
Khmer must know their own real story insdie out then we know wheather Khmer will be exterminated by yuon Hanoi known as Indochina Federaiton.
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