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

 

B. UNDERLYING OFFENCES CONSTITUTING GRAVE BREACHES OF THE GENEVA CONVENTIONS 1949

   

Unlawful Confinement of a Civilian

 

S-21 Security Centre

1514.       As regards the actus reus, Vietnamese civilians were arbitrarily detained at the S-21 security centre with no evidence existing to suggest reasonable grounds for the detention or a justifiable legal basis.⁵²⁸⁸ Furthermore, the detention of these protected persons was imposed without the procedural and substantive protections afforded to them in the provisions of Geneva Convention IV.

1515.       As regards the mens rea, the unlawful confinement of these protected persons was committed by the personnel of S-21 intentionally.

1516.       Finally, all of the above enunciated grave breaches at all of the above locations were committed pursuant to well-defined CPK policies decided upon and coordinated by the CPK leaders within the framework of the common purpose.