Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith

In light of the start of trial hearings beginning on 27 June 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.  The Closing Order of the Co-Investigating Judges forms thebasic document from which all the parties (Co-Prosecutors, Co-Lead Lawyers for all civil parties, Defense Lawyers) will be making 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 2011, the Trial Chamber will hear the substantive arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956).  Available in Khmer and French. Contact the ECCC for a free copy. 

 

CLOSING ORDER

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

Kraing Ta Chan Security Centre 

Arrest and Detention

497. [REDACTED], [REDACTED], and various District 105 documents reveal the way in which the process of arrest, imprisonment, and execution or release operated in Sector 13. First, the subdistrict would report its concerns about various civilians and CPK cadres to the district. For example, a report from Nheng Nhang subdistrict to the district sets out the biography of an enemy listing various alleged offences. A return note on the bottom of the document from the district secretary to the subdistrict instructs that he is to be arrested.²¹⁵⁰ Once arrested, individuals were sent to the district. The district would then consult with the district secretary before sending those concerned to Kraing Ta Chan accompanied by a report.²¹⁵¹ For example, a report from Trapeang Thom Tboung commune addressed to the Kraing Ta Chan Chairman sets out the offences of three people who the Party had decided to arrest and send to Kraing Ta Chan.²¹⁵² At the same time, a report would be sent to the sector committee. These reports were the basis for detainee interrogation.²¹⁵³ Later, the chairman of Kraing Ta Chan would send the prisoners' confessions to the district secretary who would forward them to the sector committee.²¹⁵⁴ The sector secretary would then advise the district committee of which individuals were to be killed and those who were to be released. The names of these individuals would be sent to Kraing Ta Chan for implementation.²¹⁵⁵ Therefore, it appears that the sector decided upon the fate of those held at Kraing Ta Chan based almost exclusively on confessions and other information produced by the district office. The district, for its part, relied on information provided to it by the subdistrict, including allegations made by subdistrict militia and denunciations coming from members of the population.

498. A Tram Kok District resident recalls that before evacuees from Phnom Penh arrived in the area, the secretaries of the districts and subdistricts attended a meeting at which they were advised that there would be a purge of the evacuees. Anyone who had been a soldier holding the rank of Corporal Sergeant or above in the Khmer Republic regime, and anyone from the Khmer Republic administration who had been a first deputy chief or higher, would be purged. This is confirmed by three witnesses, including the former district youth chairman who recalls that when new people arrived at Tram Kok they were made to write biographies. He also states that anyone who admitted to being a soldier would subsequently disappear.²¹⁵⁶ One witness recalls arriving in Tram Kok in April 1975 and being ordered to write his biography. He was told specifically to speak the truth about whether he was a soldier or government official.²¹⁵⁷ A committee member of a sub-distrct in Tram Kok recalls the commune secretary being ordered to gather together all the evacuees who held the rank of Second Lieutenant or higher. Once assembled, the upper echelon would send a truck to take them away. These people disappeared forever.²¹⁵⁸ The Kraing Ta Chan prisoner lists and the increase in the number of prisoners at Kraing Ta Chan after April 1975 suggests many of those who disappeared were sent to Kraing Ta Chan.²¹⁵⁹ Several reports from the subdistrict to the district in 1977 reveal that the purge of former Khmer Republic soldiers and officials continued after 1975.²¹⁶⁰

499. Many of those who were sent to Kraing Ta Chan were arrested by subdistrict militia.²¹⁶¹ A former guard recalls that the subdistrict militia would bring people to Kraing Ta Chan day and night, sometimes as many as ten tied together.²¹⁶² Another guard states that when prisoners arrived, he saw them tied together with their hands and biceps restrained.²¹⁶³ The people who had escorted the prisoners to Kraing Ta Chan were not permitted to enter the compound.²¹⁶⁴

500.                  Men, women, and children were all detained at Kraing Ta Chan, including whole families.²¹⁶⁵ Eight witnesses were former detainees.²¹⁶⁶ Witnesses remember that most of the detainees were new people originating from Phnom Penh.²¹⁶⁷ However, "base people", former Khmer Republic soldiers, CPK cadre, Chinese, Vietnamese and Cham also contributed to the population.²¹⁶⁸ With regard to the Chams, witnesses who lived in Tram Kok District said that Chams were treated like everyone else.²¹⁶⁹ On the other hand, Vietnamese who lived in the area were initially sent back to Vietnam but those who remained were later arrested and executed, probably at Kraing Ta Chan.²¹⁷⁰ It is unclear how many prisoners were detained at Kraing Ta Chan between April 1975 and January 1979. The capacity of the prison is also unknown. However, estimates can be made from various sources. A report from Kraing Ta Chan to the district committee for the month of July 1977 states that 18 new prisoners arrived that month, making a total of 81 detainees. Of these detainees, two died of disease and 39 were executed, leaving a total prisoner population of 40.²¹⁷¹ A similar report for the month of November 1977 puts the total prisoner population at 85.²¹⁷² Another report from [REDACTED] to the district committee advises that up until the date of the report [date unknown], 15,000 detainees had been executed.²¹⁷³

501.                  The evidence suggests that prisoners were divided into two categories: serious and light

2174                                                                                                                                                                                                                                2175

offenders. However, a former guard states that there was no such distinction. Everyone was shackled day and night unless they were put to work.²¹⁷⁶ When prisoners wanted to relieve themselves they would use a coconut shell which would be passed from person to person to the end of the row. If someone spilled faeces or urine, they would be beaten with a bamboo club. In each detention house there were two rows of people, approximately 20 to 25 per row.²¹⁷⁷ Men, women and children were all detained in the same

21n                                                                                                                                         room in different rows. Any child over ten years of age was shackled. Small children were placed on the belly of their mothers.²¹⁸⁰ Prisoners were not permitted to move about freely.²¹⁸¹

502.                  Between one and three prisoners died every day in each building.²¹⁸² Reasons included starvation, disease, vermin or being beaten.²¹⁸³ A former guard attests that there was no medical facility at Kraing Ta Chan and that sick prisoners were simply left to die.²¹⁸⁴ Several District 105 documents record prisoners dying of illness.²¹⁸⁵

503.                  Some prisoners recall being forced to work inside the prison compound performing a variety of labour.²¹⁸⁶ Those who worked were given more food than those who remained shackled in the detention buildings. Those who worked on the rice fields were not shackled, but were under guard.²¹⁸⁷ Some of those who worked outside returned at night to be shackled in the main detention buildings.²¹⁸⁸

504.                  Two witnesses recall the rape of detainees by cadres at Kraing Ta Chan.²¹⁸⁹ A former detainee states that a particular guard often raped and killed prisoners. Sometimes this witness would find the victims naked with ammunition inserted into their genitals.²¹⁹⁰ A former guard denies there were ever any cases of rape at Kraing Ta Chan, saying that if there had been, both the victim and the perpetrator would have been killed for committing immoral conduct.²¹⁹¹ The former district youth chairman states he was ordered by the zone or sector to investigate the alleged rape of a woman by CPK cadres at the site.²¹⁹²

505.                  Six witnesses were released from Kraing Ta Chan during its operation.²¹⁹³ One states that after 29 days of detention, he was personally released by Ta Mok.²¹⁹⁴ Two former prison guards state that very few people were ever released.²¹⁹⁵