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

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 (or, Indictment). The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (co-prosecutors, lead co-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 is hearing the substantive (sic!) arguments over the criminal charges   (genocide against Buddhists, genocide against Vietnamese, genocide against Cham Muslims, crimes against humanity at the 200 prisons, mass crimes in countless killing fields, Eastern Zone purges, penal code of 1956, etc.,) of only the Phase I Movement in April 1975.

 Available in Khmer, English and French. Contact the ECCC for a free copy.  

 

CLOSING ORDER (or, INDICTMENT)

of Co-Investigating Judges You Bunleng and Marcel Lemonde

15 September 2010

 

IX. ROLES OF THE CHARGED PERSONS

C. KHIEU SAMPHAN⁴⁶¹⁶

 ^{Roles and Functions}

Ministry Of Commerce

1142. Khieu Samphan was appointed to be responsible for "commerce for accounting and pricing" during the Standing Committee's meeting of 9 October 1975,⁴⁶⁸⁵ apparently working alongside Central Committee member Koy Thuon who was named in charge of "domestic and international commerce" ⁴⁶⁸⁶ In this role, Khieu Samphan may have sat on the Council of Ministers.

1143. Khieu Samphan has publicly stated that his responsibilities included working with the Department of Foreign Trade for the import and export of goods, implementing the Permanent Committee's decisions regarding the distribution of goods around Cambodia, and setting prices for products from cooperatives.⁴⁶⁸⁷ Witnesses confirmed that he was responsible for commerce and the distribution of goods and food around Cambodia⁴⁶⁸⁸ and several witnesses state that he regularly visited the Ministry of Commerce.⁴⁶⁸⁹ The Secretary of Sector 105 recounted that "I used to give a commerce list requesting for equipment to Khieu Samphan personally and used to talk with him about economic matters during meals time or outside official meeting".⁴⁶⁹⁰ Duch gave evidence that Khieu Samphan also had control over electrical power plants, water works and state warehouses.⁴⁶⁹¹

1144. Khieu Samphan received a large number of telegrams and communications from the Commercial Committee and the Phnom Penh Foreign Trade FORTRA Company, covering topics such as the import and export of food and goods, the economic relations with foreign countries and the fact that members of the Commercial Committee travelled to the Cambodian countryside to collect crops.⁴⁶⁹² One witness who worked in the Ministry of Commerce and who was asked to comment on a telegram to Khieu Samphan⁴⁶⁹³ stated that Van Rith did not have the authority to make decisions about purchasing goods from overseas and that communications had to go to Khieu Samphan for a decision.⁴⁶⁹⁴ Although the Commerce Committee under Van Rit also answered to Vorn Vet,⁴⁶⁹⁵ Van Rit's subordination to Khieu Samphan is clearly evidenced by the fact that he regularly annotated copies of commerce-related reports to be sent to "Brother Hem," using the fraternal greeting which Duch has indicated was normally reserved for addressing superiors.⁴⁶⁹⁶ A witness who worked on foreign and domestic trade matters has confirmed Khieu Samphan's authority over Van Rit.⁴⁶⁹⁷ In February 1977, Khieu Samphan received a foreign economic and trade delegation from Yugoslavia⁴⁶⁹⁸ and he states that he travelled to Yugoslavia twice.⁴⁶⁹⁹

Other Roles

1145. In addition to the above, Khieu Samphan also had a number of other roles during the CPK regime.

Military

1146. Both before and after 17 April 1975, Khieu Samphan was referred to as the Deputy Prime Minister,⁴⁷⁰⁰ Minister of National Defence and Commander in Chief of the CPNLAF.⁴⁷⁰¹ Duch has suggested that Khieu Samphan was merely the nominal head of the Committee for the Army, a "picture to show the world", whereas Pol Pot had the actual control of the army.

Foreign Affairs and Returnees

1147. There is also evidence that when Ieng Sary was outside of the country, Khieu Samphan took responsibility for the Ministry of Foreign Affairs.⁴⁷⁰³ Khieu Samphan was involved in the recall of overseas-based Cambodian people to Cambodia, educating them upon their return. Three witnesses recall Khieu Samphan's role in giving political education sessions to the returnees.⁴⁷⁰⁴ One witness, who returned to Cambodia in late 1975 with a group of ten students, stated that Khieu Samphan informed them that the only two social groups existing in Cambodia were the workers and peasants and that "the country needed us to rebuild it, adding that, first, we had to go to the countryside to learn those things that we had not done before, such as how to plant rice, and experiencing what it is like to have only one bowl of rice ".⁴⁷⁰⁵ Many of these returnees were sent to S-21 after a period of reeducation.

Speeches and Political Education

1148. In addition to the above, Khieu Samphan was responsible for making speeches on behalf of the CPK and the education of the people. Khieu Samphan made many speeches promoting and disseminating CPK policy throughout the period of the CPK regime. He made speeches at each of the mass CPK meetings celebrating the anniversaries of the 17 April victory⁴⁷⁰⁶ and for the Khmer New Year celebrations.⁴⁷⁰⁷ One witness who worked in the telegram office for the Party Centre stated that Khieu Samphan would give him directives about events marking various national ceremonies.⁴⁷⁰⁸ Many witnesses gave evidence that they listened to his speeches at mass rallies and meetings held in venues such as the Olympic Stadium and Borei Keila.⁴⁷⁰⁹ Some stated that Khieu Samphan addressed up to 20,000 people from around Cambodia during these rallies and meetings.⁴⁷¹⁰

1149. Khieu Samphan stated that he "generally" agreed with the content of the speeches, but that he disagreed "on certain points ...for instance for the elimination of the currency" but did not dare to reveal his disagreements for fear of being killed.⁴⁷¹¹ He stated that his speeches "were not very important" and that only Pol Pot and Nuon Chea gave important speeches.⁴⁷¹² Khieu Samphan went to B-1 to ask for material and discuss what kind of issues should be addressed in his speeches.⁴⁷¹³

1150. Khieu Samphan was also responsible for conducting regular political education and study sessions with workers and cadres from varying ranks from around Cambodia. Many witnesses gave evidence that they were required to attend these sessions with Khieu Samphan.⁴⁷¹⁴ The content of these speeches and political education sessions covered topics such as: the accomplishments of the revolution;⁴⁷¹⁵ the armed conflict with Vietnam;⁴⁷¹⁶ the agricultural and economic policies of the CPK;⁴⁷¹⁷ administrative matters such as care for supplies and equipment;⁴⁷¹⁸ the need to eliminate feudalists and capitalists;⁴⁷¹⁹ the overthrow of the traitorous Lon Nol regime and the elimination of certain members of the regime;⁴⁷²⁰ and the situation in Phnom Penh.⁴⁷²¹