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

 

Koh Kyang Security Centre

Location and Establishment

510.                  According to the CPK's system of identifying administrative boundaries Koh Kyang security centre was located in Koh Kyang Village, Prey Nup District, Sector 37, West Zone, Khum O Chrov Subdistrict, Sihanouk Province.²²³⁴ Koh Kyang security centre operated as the security centre for both Sector 3 7²²³⁵ and the West Zone.²²³⁶ It appears to have been operational since 1976.²²³⁷

511.                  Koh Kyang security centre was divided into three prison compounds.²²³⁸ The first compound was composed of a prisoner house measuring 40 metres by 6 metres, a guard house and Sector 37 regiment military base.²²³⁹ In the second compound, prisoners were detained and interrogated.²²⁴⁰ The third compound was a work site²²⁴¹ and was composed of two prisoner houses and a kitchen.²²⁴²

Functioning

Structure and Personnel

512.                  In the immediate post-17 April 1975 period, Sector 37 of the West Zone was under the leadership of Sao Kang alias Nheuk²²⁴³ (arrested and transferred to S-21 in December 1976)²²⁴⁴ and [REDACTED] was his deputy.²²⁴⁵ From late-1976 through to 1977, the West Zone and particularly Sector 37 was subjected to purges due to purported enemy activities which led to the arrests of large numbers of the cadre.²²⁴⁶ This is further corroborated by reports after 1978, concerning the activities in the Zones.²²⁴⁷ The new secretary of Sector 37 became [REDACTED] with [REDACTED] as deputy secretary.²²⁴⁸ The secretary of Prey Nup District was Ta Phlorng alias Plang, who was arrested in 1977 and imprisoned at Koh Kyang security centre.²²⁴⁹

513.                  During the purges in 1977, Sector 37 was taken over by military forces of Division 1 of the West Zone, and troops arriving from Kampong Chhnang supervised the local administration and disbanded local military units.²²⁵⁰ While Koh Kyang security centre remained the Sector

37 security centre, it was supervised by military forces under the command of Soueng (deceased) and later [REDACTED].²²⁵³

514.                  The chairman of Koh Kyang security centre was Voeun alias Savoeun (deceased).²²⁵⁴ [REDACTED] was the deputy chairman and responsible for operations.²²⁵⁵ After Voeun

committed suicide he was replaced as chairman by [REDACTED] .²²⁵⁶ In total, between 20­30 cadres worked at Koh Kyang Secuity Centre.²²⁵⁷

Arrest and Detention

521. Koh Kyang Secuirty Centre held prisoners coming from Kampong Saom, Koh Kong Province and parts of Kampot Province, such as Prey Nup District and Sre Ambel Village, all in Sector 37.²²⁵⁸

522. Prisoners were generally arrested by military Division 1.²²⁵⁹ Additionally, a special force of Division 1 was tasked to conduct investigations into the biographies of its own combatants.²²⁶⁰

523. Both "new" and "base people" were detained at Koh Kyang security centre.²²⁶¹ From at least mid-1977 onwards, most of the prisoners brought in were CPK cadres, the "new people" detainees had already been killed.²²⁶²

524. Prisoners were categorized into serious and light offence prisoners. Serious offenders were detained because they were considered to be traitors and were either former CPK cadre, former Khmer Republic officers or had confessed to having been linked to the CIA.²²⁶³ Light offence prisoners included individuals who had been accused of stealing food, being lazy at work or of having engaged in acts of immorality.²²⁶⁴

525.                  There were approximately 100-200 prisoners detained at Koh Kyang security centre at any given time.²²⁶⁵ Women, men and children were separated into different houses.²²⁶⁶ Some children were born in the prison,²²⁶⁷ or were brought in with their parents²²⁶⁸ or were arrested whilst secretly visiting their parents.²²⁶⁹

526.                  Upon arrival at Koh Kyang security centre, prisoners were shackled together in rows.²²⁷⁰ Light offenders would be unshackled in the morning in order to undertake work and then re-shackled in the evening.²²⁷¹ Serious offenders remained shackled day and night, until they were taken to be executed.²²⁷²

527. Living conditions at Koh Kyang security centre were particularly harsh: Witnesses state that prisoners were forced to lie in their own excrement, that they were not allowed to bathe, that they had no cover against mosquito bites and that the food provided to prisoners was inadequate.²²⁷³ One witness states that prisoners did not receive any food or drink for the first ten days of their detention.²²⁷⁴ Every week, prisoners, especially women and children, died from starvation.²²⁷⁵ Light offenders were given more food than serious offenders.²²⁷⁶ Prisoners were made to perform labour in the prison compound and its surroundings, such as digging pits, farming or watering plants.²²⁷⁷ There was no medical treatment at Koh Kyang security centre and many prisoners died of disease or overwork.²²⁷⁸