Closing Order of Case 002 against Senior KR Leaders Nuon Chea, Khieu Samphan, Ieng Sary, Ieng Thirith
In preparation for the start of trial hearings beginning on 27 June 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is starting a new series in posting installations of the public document of the Closing Order of Case 002. 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 2011, the Trial Chamber will hear the substantive arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956). Available in Khmer and French. Contact the ECCC for a free copy.
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde, 15 September 2010
Working and Living Conditions
310. Cooperative members were not free to travel without permission.1267 One witness states that he was only allowed to meet his family every ten days.1268 Another witness states that he was permitted to see his family once every 20 days.1269 Children who worked in the Pen Meas cooperative, Samrong subdistrict, were rarely permitted to see their parents and siblings.1270 People were unable to speak freely to each other.1271 Further, CPK cadre sometimes moved base people and new people out of their houses to live in different areas within the same district.
311. Witnesses performed a variety of labour depending on the sub-units in which they were placed. Working hours generally appear to have been approximately 7am to midday and 1pm to 5pm, except during harvest when people worked longer hours. However, at least three witnesses from Trapeang Thom Tboung, Samrong, and Nheng Nhang subdistricts recall working a third shift from 6pm until 10pm at night.1273 Pregnant women were also made to work.1274 Those working in rice paddy fields were given a certain number of hectares to complete. If they did not finish on time they would be lectured and accused of being enemies.1275 Those who were not able to work were accused of pretending to be sick and sent for reeducation.1276 Others who resisted were arrested and disappeared.1277 One witness recalls "we were forced to work every day. We dared not refuse to work because we were afraid of getting killed".1278
312. The rice harvested by the cooperatives was not automatically distributed to members of the subdistricts. Rather, each subdistrict reported to the district on rice yield. The district would then decide how much rice was to be collected from each subdistrict.1279 It appears that some of this rice would then be sent for milling.1280 Some subdistricts would under-report yields and stored the surplus rice to secretly distribute amongst its members.1281 Nearly all witnesses describe a lack of food in the cooperatives.1282 Some witnesses recall people dying of starvation,1283 while others either did not see or deny that people died of starvation.1284 Several witnesses attest that people were afraid to complain about the lack of food because they could have been punished or killed.1285 Several District 105 documents also record the arrest of people who had complained about work and living conditions in the cooperatives.1286
313. Many people living in the cooperatives had health problems, particularly the "new people" who were not used to living in rural areas.1287 Those who were sick were treated by subdistrict medics. However, treatment was rudimentary and the medicine used was locally produced. Patients were given intravenous medicine prepared from tree roots and herbal medicine.1288 Patients were also injected with coconut juice mixed with penicillin.1289 The medics were female CPK cadre who had not received any formal training.1290 Many of them were only twelve to thirteen years old.1291 When people died they were buried without the family being informed.1292
314. Group weddings were carried out in the subdistricts with as many as ten to twenty couples.1293 Some of the couples knew each other, while others did not.1294 Only people of the same political category (full-right, candidate or depositee members) could marry, with the consent of the unit chief. Weddings were held at night with the participation of the subdistrict committee and the chairmen of the cooperatives and units.1295 One witness, [REDACTED], describes how another witness, [REDACTED], chairperson of the women's unit and marriage coordinator at Nheng Nhang Subdistrict, arranged for her to marry a man whom she hated. She states that [REDACTED] told her that she had to marry, and consequently she felt she did not have a choice. On her wedding night she had sexual intercourse with her husband despite not consenting. She recalls that there were militia men under the house eavesdropping at the time.1296 Another witness recalls the presence of militia men eavesdropping on a couple's wedding night to check if they "got on well or not".1291 Conversely, two other witnesses, including [REDACTED], deny this ever occurred.1298 Other witnesses recall that if a woman was not happy with her marriage she would be reeducated or counselled that it "was normal for a man to marry a woman and vice versa".1299 [REDACTED] denies that anyone was coerced into marriage while she was marriage coordinator.1300 In addition, women from Tram Kok District were sent to Kampong Som to marry "handicapped" soldiers at the army's request.1301
310. Cooperative members were not free to travel without permission.1267 One witness states that he was only allowed to meet his family every ten days.1268 Another witness states that he was permitted to see his family once every 20 days.1269 Children who worked in the Pen Meas cooperative, Samrong subdistrict, were rarely permitted to see their parents and siblings.1270 People were unable to speak freely to each other.1271 Further, CPK cadre sometimes moved base people and new people out of their houses to live in different areas within the same district.
311. Witnesses performed a variety of labour depending on the sub-units in which they were placed. Working hours generally appear to have been approximately 7am to midday and 1pm to 5pm, except during harvest when people worked longer hours. However, at least three witnesses from Trapeang Thom Tboung, Samrong, and Nheng Nhang subdistricts recall working a third shift from 6pm until 10pm at night.1273 Pregnant women were also made to work.1274 Those working in rice paddy fields were given a certain number of hectares to complete. If they did not finish on time they would be lectured and accused of being enemies.1275 Those who were not able to work were accused of pretending to be sick and sent for reeducation.1276 Others who resisted were arrested and disappeared.1277 One witness recalls "we were forced to work every day. We dared not refuse to work because we were afraid of getting killed".1278
312. The rice harvested by the cooperatives was not automatically distributed to members of the subdistricts. Rather, each subdistrict reported to the district on rice yield. The district would then decide how much rice was to be collected from each subdistrict.1279 It appears that some of this rice would then be sent for milling.1280 Some subdistricts would under-report yields and stored the surplus rice to secretly distribute amongst its members.1281 Nearly all witnesses describe a lack of food in the cooperatives.1282 Some witnesses recall people dying of starvation,1283 while others either did not see or deny that people died of starvation.1284 Several witnesses attest that people were afraid to complain about the lack of food because they could have been punished or killed.1285 Several District 105 documents also record the arrest of people who had complained about work and living conditions in the cooperatives.1286
313. Many people living in the cooperatives had health problems, particularly the "new people" who were not used to living in rural areas.1287 Those who were sick were treated by subdistrict medics. However, treatment was rudimentary and the medicine used was locally produced. Patients were given intravenous medicine prepared from tree roots and herbal medicine.1288 Patients were also injected with coconut juice mixed with penicillin.1289 The medics were female CPK cadre who had not received any formal training.1290 Many of them were only twelve to thirteen years old.1291 When people died they were buried without the family being informed.1292
314. Group weddings were carried out in the subdistricts with as many as ten to twenty couples.1293 Some of the couples knew each other, while others did not.1294 Only people of the same political category (full-right, candidate or depositee members) could marry, with the consent of the unit chief. Weddings were held at night with the participation of the subdistrict committee and the chairmen of the cooperatives and units.1295 One witness, [REDACTED], describes how another witness, [REDACTED], chairperson of the women's unit and marriage coordinator at Nheng Nhang Subdistrict, arranged for her to marry a man whom she hated. She states that [REDACTED] told her that she had to marry, and consequently she felt she did not have a choice. On her wedding night she had sexual intercourse with her husband despite not consenting. She recalls that there were militia men under the house eavesdropping at the time.1296 Another witness recalls the presence of militia men eavesdropping on a couple's wedding night to check if they "got on well or not".1291 Conversely, two other witnesses, including [REDACTED], deny this ever occurred.1298 Other witnesses recall that if a woman was not happy with her marriage she would be reeducated or counselled that it "was normal for a man to marry a woman and vice versa".1299 [REDACTED] denies that anyone was coerced into marriage while she was marriage coordinator.1300 In addition, women from Tram Kok District were sent to Kampong Som to marry "handicapped" soldiers at the army's request.1301
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