Monday, November 28, 2011

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

 

Prey Damrei Srot Security Centre2306

Location and Establishment
532.                  Prey Damrei Srot was located in Chrak Sangke Village, Svay Chuck Subdistrict, Samaki Meanchey District (originally Kampong Tralach Leu District), Kampong Chhnang Province. Applying the CPK's system of identification, it was the District 12 security centre located in Sector 31 in the West Zone (Zone 401). Prey Damrei Srot was located around 2.5 kilometres outside of the village in what is now a deep forest. With the passage of time no building remains and ruins are no longer visible. Prey Damrei Srot was a compound of
                                                                                                                       
around 150 metres by 100 metres. It was created in late 1976 or early 19772308 and was still in operation by the end of the CPK regime.2309
Functioning
Structure and Personnel
533.                  The Chairman of Prey Damrei Srot was [REDACTED], Commander of Platoon 403 of
Company 308. The leadership of Prey Damrei Srot also included Suon (deceased), Soeun (deceased)2312 and [REDACTED]2313 (despite his denial in interview).2314 All personnel were young soldiers from Platoon 403.2315 Former guards recall that the leaders of Prey Damrei Srot explained to them that they had to follow orders otherwise they would be considered enemies. Loudspeaker announcements were made by the chairman of Prey Damrei Srot regarding the orders coming from Angkar to eliminate all traitors including spies, CIA and people associated with Vietnamese and Khmer Sa.2316 Suon, Soeun and [REDACTED] recorded the confessions of the prisoners2317 and submitted reports about them to the Chairman.2318
534.                  Prey Damrei Srot was under the authority of the District 12 Committee but answered to the committee via the district military. Meas Yeum was the Secretary of the District 12 Committee before being promoted to the sector level and replaced by Koeun (deceased).2319 According to [REDACTED], the military commander of Company 308 in charge of Prey Damrei Srot was [REDACTED], but he stated that he was demobilised from the military by the District 12 Secretary before the creation of Prey Damrei Srot.2320 Sarun (deceased) was the secretary of Sector 31 Committee and later replaced by Ta Yeum2321. Prey Damrei Srot leaders and cadres attended meetings and study sessions at the district office but also at the Sector 31 level.2322 [REDACTED] indicated that he attended study sessions at the district and sector level, some chaired by the Sector 31 Secretary Ta Yoem; these meetings were about military affairs, rice production and prisoner offences.2323
535.                  Sector 31 was part of the West Zone (401) whose Secretary was Chou Chet alias Si until his arrest in March 1978.2324 The West zone committee would regularly report to Office 870 on the situation of the internal and external enemies in particular in Sector 31.2325 On the other direction the Party centre instructed the leadership of the zone, its sectors and districts on the CPK policy to be implemented in the zone in respect of the enemies and notably at the annual zone conference of 1977. District 12 was presented as a model district of the CPK
revolution.2326
536.                  [REDACTED] explains that he sent the reports and confessions to his military commander and to the district committee.2327 Witnesses confirm the authority of the district over Prey Damrei Srot.2328 The district committee decided who would be arrested based on reports submitted by village and subdistrict committees (including Chouk Sa, Svay Chuck, Tbeng Khpuos, Peam and Th'lork Vien subdistricts). Prisoners were then arrested by the district militia and sent to Prey Damrei Srot together with a report indicating the offence they had committed.2329 [REDACTED] also explained that in 1977 he received a letter from Koeun the district secretary ordering him to kill a man called Phan, a former political commissioner accused of being Vietnamese.2330 Former cadres explain that, in their view, the decision to kill prisoners came from "Angkar" or "above" without specifying what level
exactly.2331
537.                  CPK cadres at the district or sector level, including the Secretary of Sector 31 Committee Sarun2332 and the Sector 31 Military Commander, [REDACTED], visited Prey Damrei
                                                                                                                                                                                                                                       
Srot. There is no evidence that any of the Charged Persons visited Prey Damrei Srot. Arrest and Detention
538.                  Men, women, children and even entire families were detained at Prey Damrei Srot.2335 Four of the witnesses interviewed were detained there.2336 Detainees included people evacuated from Phnom Penh to District 12,2337 people accused of being former Khmer Republic
                                                                                                                
soldiers or officials,2338 CPK cadres,2339 residents of surrounding subdistricts,2340 and half
Vietnamese.2341 According to [REDACTED] there were only ten prisoners at most at Prey Damrei Srot at any one time2342 but witness statements suggest that in reality between 30 to 50 prisoners were permanently held there.2343


542. Some prisoners were transferred from other subdistrict level security offices to Prey Damrei Srot 2344 whilst others were sent there directly after having been arrested by district level militia.2345 Former detainees and guards recall that prisoners were escorted to Prey Damrei Srot on foot with their arms tied behind their backs.2346 Witnesses understood that people



were arrested for moral offences,2347 because they were political enemies2348 or for minor offences, such as stealing food.2349 There were some degrees as to the gravity of the offences committed that led to prisoners being treated differently according to whether they had committed light or serious offences.2350

543. The detention facility was a long hall with a roof of palm leaves and prisoners slept on long boards on both side of the aisles.2351 Men, women and children were all detained in the



same room.2352 Prisoners were kept under strict guard control,2353 shackled and not permitted to move freely2354. Witnesses state that the food was insufficient and that some detainees were emaciated.2355 Former guards and prisoners confirmed that many detainees died because of starvation, disease or exhaustion.2356 A military medic came on a regular basis to examine the prisoners.2357

544. According to [REDACTED] and another witness only light prisoners were taken out to work during the day.2358 However, several former guards and prisoners state that all of the detainees worked but that the heavy offenders worked whilst in chains whilst the light prisoners worked with only guard supervision.2359 Prisoners worked inside and outside the prison compound constructing dams and digging canals.2360 Daily working hours were from 6 am to 11 am and from 1 pm to 5 pm and sometimes at night.2361 Guards beat and ill- treated the prisoners when they were considered too slow and some were beaten to

death.2362 Two witnesses state that prisoners were executed by the guards whilst working.2363

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