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) make 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 

  PART THREE: LEGAL FINDINGS 

 

XIII. CRIMES AGAINST HUMANITY 

 

A.  "CHAPEAU" ELEMENTS 

 

B. UNDERLYING OFFENCES CONSTITUTING CRIMES AGAINST HUMANITY

   

Torture

 

1408. The legal elements of the crime against humanity of torture have been established.⁵²⁶⁷ These facts concern persons who were tortured in the security centres at Koh Kyang, Kok Kduoch, Kraing Ta Chan, the North Zone security centre, Phnom Kraol, Prey Damrei Srot, S-21, Sang, and Wat Tlork. The legal elements of torture have also been established in regard to the Prey Sar worksite, the Tram Kok Cooperatives, in regard to the treatment of the Cham.

1409. As regards the actus reus, on numerous occasions, CPK cadres through their acts or omissions, deliberately inflicted severe harm and suffering, both physical and mental, during interrogations.

1410. Taking account of all the objective and subjective elements of the case, the treatment to which these people were subjected was so severe that it amounts to torture: the methods used, coupled with the inhumane conditions and the context of terror in the security centres, had very serious physical and psychological effects, and in some cases, resulted in death. Torture was both premeditated and institutionalized as the centrepiece of CPK policy against "enemies". It took the form, inter alia, of beatings, applying electric shocks, asphyxiation with a plastic bag, simulated drowning, puncturing and extracting fingernails and toenails and inserting needles in them, inflicting cigarette burns, forcing detainees to pay homage to images of dogs or other objects, force-feeding of excrement and urine, direct or indirect threats to torture or kill detainees or their family members, the use of humiliating language, plunging detainees in a water jar or suspending them by their hands tied behind their back.

1411.       Such abuse was mainly aimed at obtaining information and extracting confessions from the victims concerning their subversive activities and to identity members of their "network" for arrest.

1412.       Furthermore, the perpetrators of these crimes acted in an official capacity: they carried out these acts within a clear command structure, notably that of the CPK security services.

1413.       As regards the mens rea, the facts in this case demonstrate the intentional nature of the acts or omissions through which serious harm and suffering were inflicted.

1414.       The acts of torture, committed mostly by CPK cadres and security centre personnel, were an integral part of the means used to achieve the common purpose of eliminating "enemies". They were part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. In addition to the security centres included in the judicial investigation, the practice of torture in security centres throughout the country, as reported by many witnesses and civil parties, testifies to the widespread perpetration of these crimes and clearly indicates that they were decided upon and coordinated by the CPK leaders within the framework of the common purpose.