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 FIVE: DISPOSITIVE

 

1613. Consequently, as a result of the judicial investigation, there is sufficient evidence (charges suffisantes) that Nuon Chea, Ieng Sary, Khieu Samphan, and Ieng Thirith, in Phnom Penh, within the territory of Cambodia, and during incursions into Vietnam, between 17 April 1975 and 6 January 1979, through their acts or omissions, committed (via a joint criminal enterprise), planned, instigated, ordered, or aided and abetted, or are responsible by virtue of superior responsibility, for the following crimes:

CRIMES AGAINST HUMANITY, specifically:

(a)  murder

(b)  extermination

(c)  enslavement

(d)  deportation

(e)  imprisonment

(f) torture

(g)  rape

(h)  persecution on political, racial, and religious grounds

(i)  other inhumane acts

Punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law

GENOCIDE, by killing members of the groups of Vietnamese and Cham

Punishable under Article 4, 29 (new) and 39 (new) of the ECCC Law

GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949, 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 deportation or unlawful confinement of a civilian

Punishable under Articles 6, 29 (new) and 39 (new) of the ECCC Law

VIOLATIONS OF THE 1956 PENAL CODE, specifically:

(a)  homicide

(b)  torture

(c)  religious persecution

Punishable under Articles 3, 29 (new) and 39 (new) of the ECCC Law, and Articles 209, 210, 500, 501, 503 and 508 of the 1956 Penal Code.