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. The Closing Order of the Co-Investigating Judges forms the basic 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 (sic!) arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956 - sic!). 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
Wat Tlork Security Centre
Interrogation
658. A number of witnesses refer to detainees being brought for interrogation at the office in Tlork Village, though none of them say they were present during interrogations.2861 One witness states that those interrogated were leg-shackled and that they "heard screams during interrogations" while tending cattle near that area.2862 One witness affirms the the Tlork Pagoda building was also used for interrogations.2863 Another witness states that he was arrested, blindfolded, interrogated and accused of being linked with Lon Nol (white head) in late 1977, but it is not certain from the written record whether this occurred at Wat
Tlork.2864
Executions
659. One witness states that there were no killings perpetrated at the office in the village, but only after transfer to the detention facility, in the vicinity of which he continuously saw fresh graves.2865 The former detainee states that prisoners who assisted the guards in killings told him "Tlork was the place for killing people arrested from other villages and communes".2866 Witnesses also provide accounts of a number of incidents of the killing of detainees working outside the detention centre, either by being buried alive,2867 or by being beaten to death by security personnel.2868
660. One witness saw her brother, a detainee, digging a hole, who told her "they are having me dig a pit to bury me and make me into fertilizer" and, on another occasion, saw three security personnel washing blood from their hands and knives, one of whom told her "Sister, do not be afraid, I killed only bad people, not good people".2869 One detainee witnessed a mentally ill patient being beaten up and taken away to be killed for failing to correctly insert the rod into all prisoner shackles in the evening.2870
661. One witness saw the mass executions of "30 to 40 prisoners" east of Tlork Pagoda on three successive days in late 1975, and was able to identify the burial pits.2871 The witness states that "the majority were men 20 or more years old". The killings were conducted by a group of "security personnel", dressed in black and armed with rifles, who ordered other prisoners to dig pits before bringing out the detainees, bound and blindfolded, to be killed. The executioners used "hoes and approximately half-metre long iron crowbars...to hit them two or three times, sometimes at the nape of the neck or at the rear of the skull, before they kicked them down into the pits". The witness surmised that "some prisoners were not yet dead". Others struggled and, on one occasion, two managed to escape, "but the security personnel surrounded them and shot and killed them nearby". After the killings were finished, the witness notes that the security personnel walked back toward the detention facility and prisoners came to fill in the pits.2872
662. One witness states that she saw six female prisoners held in the office in Tlork Village where the security staff lived.2873 Another witness states, though it is hearsay, that attractive young women whose parents were of different ethnicities, "Chinese, Vietnamese, Cambodian, were rounded up by the security personnel to work in the office where the security personnel lived, and the Khmer Rouge troops raped those women, cut off their sexual organs and hung them to dry under a krasaing tree, and killed them".2874 The former detainee identified the krasaing tree near the detention centre from which he had seen human sexual organs hanging in 1978.2875
663. The detainee who arrived at Wat Tlork in late 1977 found the detention centre empty and saw thirty to forty "open graves full of decomposed human bodies" near the detention hall. Later, he saw many more graves when working outside the compound.2876 Witnesses returning to Tlork Village after 1979 discovered burial sites throughout the area around Tlork Pagoda, although there were no bodies found within the detention facility compound.2877 Documents relating to the 1982 exhumation project corroborate the presence of at least 41 burial pits associated with the detention facility.2878 According to one witness, who participated in the exhumation project at Tlork Pagoda, there may have been as many as 200 pits in the area, although the majority of them were small, containing no more than two or three bodies.2879
664. Most of the witnesses' evidence suggests a death toll of between 745 and 1,5 00.2880 This is corroborated by the documentary evidence from the 1982 exhumation statistics.2881 A witness having coordinated the exhumation project confirms the accuracy of the statistics for the whole province, including Wat Tlork.2882 One witness, the subdistrict chief since 1983, who participate in construction of the memorial Stupa in Tlork Village, confirms that only remains from pits around Tlork Pagoda were placed in the Stupa,2883 numbering no more than 1,500 in total.2884
665. As regards executions at Boeung Rai, the limited nature of the judicial investigation concerning links with Wat Tlork did not allow verification of the overall number of alleged victims, however, one witness transferred there from Wat Tlork notes that, during the few months he was held there in 1978, "many prisoners were brought in there and then taken away to be killed", including his own mother and other detainees transferred from Wat
Tlork, with only five inmates remaining alive when he was released.2885
***
666. Three (3) civil parties were declared admissible with regards to Wat Tlork Security Center2886, since the alleged crimes described in the application were considered as being more likely than not to be true, pursuant to Internal Rule 23 bis (4). These civil parties have provided sufficient elements tending to establish prima facie personal harm as a direct consequence of the crimes committed at Wat Tlork Security Center.
1 comment:
In April 1975, the Khmer Rouge did not have enough manpower to administer the whole country. The Khmer Vietminh, who were created and brainwashed by Vietnam, seized the opportunity to execute Ho Chi Minh's plan. The Khmer Rouge Pol Pot and the Khmer Vietminh were both inside Cambodia during that Killing fields’ time.
In short, the killings during the Pol Pot's era were committed by the Khmer rouge, the Khmer Vietminh, etc.
If the Khmer Rouge created problems, the Khmer Vietminh and Vietnam exacerbated the problems. That is the fact.
That's why millions of Khmer perished during the Pol Pot's era.
The K5 project in the 80’s, which Pol Pot and Nuon Chea did not involve at all, why so many Khmer people especially men were killed??? The K5 project was orchestrated and imposed by Vietnam.
They should examine the Khmer Vietminh’s hands and Vietnam’s hands too.
Why the puppet government is so apprehensive about case 003, 004, etc... if they are cleaned.
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