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 (Indictment). 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 November 2011, the Trial Chamber will hear the substantive (sic!) arguments over the criminal charges (genocide, crimes against humanity, penal code of 1956, etc., only the Phase I Movement in April 1975). Available in Khmer, English and French. Contact the ECCC for a free copy.
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde
15 September 2010
IX. ROLES OF THE CHARGED PERSONS
A. NUON CHEA
Participation in the Common Purpose
Knowledge and Implementation of this Policy at S-21
Establishment of S-21
949. According to Duch, Nuon Chea was not present at the meeting on 15 August 1975 that led to the creation of S-21. However, Nuon Chea may have been involved as Duch acknowledges that Son Sen "did not decide alone. The second level must respect Number 1, and so on down the line. In the Party, they respected it like that".3969
Communication and Circulation of Orders
950. Before 15 August 1977, Nuon Chea was the hierarchical superior of Son Sen during the time Son Sen was in charge of S-21. From the creation of S-21 until March 1976, In Lorn alias Nath was the first Secretary of S-21 and reported to Son Sen.3970 In March 1976, Duch took over this position and reported to Son Sen by telephone on a daily basis until 15 August 1977. Duch explains that S-21 received direct instructions from Son Sen "who presented himself as the representative of 'Angkar'". He explains that other Standing Committee members or ministers could not contact or give instructions to S-21 directly and had to go through Son Sen.3971 Over the phone, Duch reported on the progress and content of confessions and Son Sen gave him instructions in return.3972 For example, Duch received directions from Son Sen about individuals to be transferred to S-21.3973 He also received orders from Son Sen regarding the arrests of certain prisoners3974 and the use of specific interrogation techniques including torture.3975 He would check with Son Sen at the conclusion of important interrogations and before sending prisoners for execution.3976
951. In addition to contact by telephone, Duch would regularly report to Son Sen in person at the Office of the General Staff upon Son Sen's invitation.3977 Less frequently, Son Sen visited Duch at places near S-21 or at Duch's home.3978 Although Duch and Son Sen met regularly, Duch recalls that materials related to S-21's security functions, including confessions, cover letters, annotations, other reports and, occasionally, "confiscated property," were transmitted through Son Sen's messengers.3979 On rare occasions, Duch would receive letters from Son Sen that contained brief and urgent orders.3980
952. After 15 August 1977, when Duch began reporting directly to Nuon Chea, he recalls that Nuon Chea, unlike Son Sen, did not like to use the telephone.3981 Nuon Chea met Duch every three to five days at Nuon Chea's offices, usually at the Buddhist Institute Vitiyalai Preah Soramarith or, on two or three occasions, at Borei Keila.3982 One of Nuon Chea's messengers, [REDACTED], would call Duch for an appointment.3983 During these meetings Duch reported on the progress of interrogations and the content of confessions,3984 and received instructions about arrests, interrogations and executions.3985
953. From August 1977 until Nuon Chea's departure for an official visit to China and North Korea on 2 September 1978,3986 the majority of the documents transmitted between Duch and Nuon Chea were transported via messenger. Nuon Chea's messengers with respect to S-21 were [REDACTED],3987 [REDACTED] (deceased during the investigation)3988 and, on occasion, Sin (deceased).3989 [REDACTED], who originally denied his role despite Duch's formal identification of him, finally acknowledged he was indeed Nuon Chea's messenger and bodyguard.3990 Nuon Chea's messengers never entered the premises of the prison but met Duch at the entrance of his house.3991 The only exceptions to the system described above were when Nuon Chea ordered confessions or messages from Duch that were delivered by Chheum Sam Aok alias Pang, the person responsible for Office S-71.3992 Finally, after September 1978 and until the end of the CPK regime, Chhim Sam Aok alias Pang (until his arrest in May 1978) and then Ken alias Lin (Pang's replacement as S-71 Chairman), collected and delivered the confessions.3993
954. [REDACTED] explains that, with respect to documents, there was two-way circulation of documents between Nuon Chea and Duch.3994 The mail was packaged so the messenger could not see what was inside, and Duch confirms that he was not allowed to talk about the content of the documents with the messengers.3995 [REDACTED] explains that, in his experience, mail delivery occurred about once a week depending on the urgency and that he does not know about the other messengers' schedules3996 but Duch states that [REDACTED] would come "every three to five days ".3997
955. [REDACTED] adds that he was sometimes assigned to go to S-21 by Nuon Chea himself, but that most of the time Ken alias Lin was the one who assigned him.3998 Duch states that the packages he sent to Nuon Chea contained annotated confessions, generally with a cover letter, and reports.3999 On rare occasions, Duch would receive letters from Nuon Chea that contained brief and urgent orders, although he cannot remember the content of these. In any case Duch indicates that for important matters messengers would not be used and he would be summoned by Nuon Chea to meet in person.4000 Very exceptionally, Duch may have been contacted by Pol Pot himself, for example to check that particular individuals had been received at S-21.4001
956. Despite Duch's statements that he only reported to and communicated with Son Sen and then Nuon Chea, there is evidence in the Case File that Duch received letters from Centre Military Division 502 directly.4002 Asked about this point, Duch explains that this was a tactic used by Son Sen and Nuon Chea to conceal their names and that these documents were not exchanged directly between himself and the Centre Military Divisions but through Son Sen or Nuon Chea.4003 In the Judgement in Case File 001 the Trial Chamber notes that this explanation lacks credibility and that the letters came to him personally even if it was with the
4004
acquiescence of his superiors.
957. In previous interviews with journalists, Nuon Chea explains that he was never in charge of S- 21 but that "when Son Sen was not there they left the documents for me, and I simply passed them on to Son Sen or Pol Pot. That was all. That's how Duch communicated with them" 4005
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