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
II. LEGAL FINDINGS ON MODES OF RESPONSIBILITY
B. OTHER MODES OF RESPONSIBILITY
1543. The Co-Investigating Judges will analyze in detail, for each crime examined, the nature of each Charged Persons' contribution and their intent with respect to the following modes of responsibility: planning; instigating; aiding and abetting; ordering and superior responsibility.
Planning
1544. Criminal responsibility for planning results as soon as one or more people form the intention to commit criminal behaviour, constituting one or more crimes. This behaviour must involve determining the commission of crimes charged and the person must have acted with the intention or the awareness of the real probability that crimes may be committed during the execution or implementation of the plan. 5297
1545. Pursuant to the evidence set out in the "Roles of the Charged Persons" section of this Closing Order, there is sufficient evidence that Nuon Chea, Ieng Sary, and Khieu Samphan, planned through their acts of knowingly and willingly participating in designing the commission of the following crimes:
GENOCIDE, by killing, punishable under Articles 4, 29 (new) and 39 (new) of the ECCC Law, specifically, genocide of:
(a) Cham
(b) Vietnamese
GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949, punishable under Articles 6, 29 (new) and 39 (new) of the ECCC Law, specifically:
(a) wilful killing
(b) torture or inhumane treatment
(c) wilfully causing great suffering or serious injury to body or health
(d) wilfully depriving a prisoner of war or civilian the rights of fair and regular trial
(e) unlawful confinement of a civilian
(f) unlawful deportation of a civilian
CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:
(a) murder
(b) extermination
(c) enslavement
(d) deportation
(e) imprisonment
(f) torture
(g) rape in the context of forced marriage
(h) persecution on political grounds
(i) persecution on racial grounds of the Vietnamese (j) persecution on religious grounds of the Cham (k) persecution on religious grounds of Buddhists
(l) other inhumane acts through "attacks against human dignity", forced marriage, forced transfer and enforced disappearances
1546. With regard to Ieng Thirith, pursuant to the evidence set out in the "Roles of the Charged Persons" section of this Closing Order, there is sufficient evidence that she planned the following crimes:
GENOCIDE, by killing, punishable under Articles 4, 29 (new) and 39 (new) of the ECCC Law, specifically, genocide of: (a) Vietnamese
GRAVE BREACHES OF THE GENEVA CONVENTIONS OF 12 AUGUST 1949, punishable under Articles 6, 29 (new) and 39 (new) of the ECCC Law, specifically:
(a) wilful killing
(b) torture or inhumane treatment
(c) wilfully causing great suffering or serious injury to body or health
(d) wilfully depriving a prisoner of war or civilian the rights of fair and regular trial
(e) unlawful confinement of a civilian
(f) unlawful deportation of a civilian
CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:
(a) murder
(b) extermination
(c) enslavement
(d) deportation
(e) imprisonment
(f) torture
(g) rape in the context of forced marriage
(h) persecution on political grounds
(i) persecution on racial grounds of the Vietnamese
(j) other inhumane acts through "attacks against human dignity", forced marriage, forced transfer and enforced disappearances
5 comments:
This ECCC is Hanoi-US ECCC in Cambodia to cover up their own genocide and war cirmes and crimes against Cambodian people known as Indochina Federation and US carpet bombing in 1960s-1973 ( 200 days and nights ) which caused and killed so many Cambodian lives and mass atrocity.
The following are some already charged against Nuon Chea and Khieu Samphan but before that my big question is why this ECCC has been full of obstacles from Hun Sen such as:
1. Hun Sen said those who want to investigate Cases 003 and 004 must pack up their belonging and leave Cambodia.
2. Hun Sen rather close the ECCC than let it continue on Cases 003 and 004.
4. Noun Chea and Khieu Samphan not allowed to talke before 1875 and after 1979. Why?
5. Corruption inside the ECCC.
6. Many foreingn judges have resigned.
7. Noun Chea asked Hun Sen , Heng Samrin , Chea Sim and other high ranking officials of CPP to face him ( Noun Chea ) nothing done from ECCC.
8. Khieu Smaphan asked Sihanouk to withness him ( Khieu Samphan ).
9. These all we heard and seen but since this ECCC set up and operated there are many things going on behind the closed door and kept secret from the Khmer public ( Khmer victims and their families ).
So the following charged who really committed my answers all in the oringin of CPP. Who created CPP since when for what?
The following are charged lay on Noun Chea and Khieu Samphan but the mastermind are still at large that to say CPP:
CRIMES AGAINST HUMANITY, punishable under Articles 5, 29 (new) and 39 (new) of the ECCC Law, specifically:
(a) murder
(b) extermination
(c) enslavement
(d) deportation
(e) imprisonment
(f) torture
(g) rape in the context of forced marriage
(h) persecution on political grounds
(i) persecution on racial grounds of the Vietnamese
(j) other inhumane acts through "attacks against human dignity", forced marriage, forced transfer and enforced disappearances
This ECCC is Hanoi-US ECCC in Cambodia to cover up their own genocide and war crimes agaisnt Cambodian people known as Indochina Federation and US B 52 carpet bombing in 1969s and 1973 ( 200 days and 200 nights ).
and it's called rule and regulations. you can't just put on trial anyone who think is the KR or whatever. we know the stupid, primitive, ignorant KR regime was brutal, but there got to be limit to how many of them the court want to bring to justice. can't bring the entire nation to court, really. think about it. everybody was on the same boat during that primitive KR regime, so for ethical reason, there have to be limit to it. plus the top KR leadership were all either dead by now or too get to stand in court. and the top most leadership of that stupid KR regime were khiev samphan, noun chea, ieng sary and ieng thirith which are now standing trial. the rest of them were probably just proxy, or smaller echalon of that brutal regime. i'm sure cambodian people want justice for what happened; and we also want peace, stability, reconciliation, forgiveness, and moving on forward into the future with life, development, etc. can't just bend to the demand of those opposition political group all the time because they are incompetent, ineffective and just whiners that whine at everything and any situation in cambodia. it becomes extreme and bias and prejudice and discrimination if we allow it to go at the whim of those radical opposition group all the time. there ought to be code of ethical conduct as well these all of this, i think.
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So Hao aka Ieng Sary aka Kim Tran is guilty of all charges!
Long Bun Reut(Leut) aka Nuon Chea is guilty of all charges!
Khieu Thirith as Ieng Thirith is guilty of all charges!
Sentencing to die in Royal Palaces and hard works.
Sahachivin Khieu Samphan is guilty by association and collaboration but not guilty of a,b,c,e,f,g.
Sentenced to death at old age at home and build irrigation and canal every and each day from dawn to 10 pm at night for the next 3 year 8 month and 20 day.No parole.
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