Closing Statements from the Lead Co-Lawyers for Civil Parties
Civil Party Lead Co-Lawyers submitted their final statements to illustrate the suffering of Civil Parties throughout the regime and the traumatic effect of CPK’s tactics, such as hunger, fear, dependency and enslavement. Civil Parties recalled instances where the two Accused directly oversaw the design and function of the cooperatives and worksites, as well as their plans with Pol Pot to evacuate cities and towns.
The Lead Co-Lawyers refuted the argument that shortage of food created a security problem, and served as the ground for evacuation. They raised the point that, in fact, Khmer Rouge leaders never addressed the food issue and, as a result, many people died of starvation during and after the evacuation.
The lawyers for Civil Parties argued that Nuon Chea and Khieu Samphan were central actors in the implementation of specific policies designed by the Communist Party of Kampuchea, such as detention for education sessions and targeting of certain groups, as they were entrusted by Pol Pot. Evidence was also presented to highlight other instances of harm inflicted under the regime’s leadership and the systematic targeting of perceived enemies. This included testimony highlighting the use of torture and executions at interrogation and security centres, the forced introduction of cooperatives, the killing of Communist comrades returning from Vietnam, and the shelling and cutting off of food supplies to residential areas of Phnom Penh during its offensive to capture the city. Evidence was provided to highlight the longstanding relationship between Khieu Samphan, Nuon Chea and Pol Pot and to emphasize their membership within the party leadership. The importance of the democratic centralism principle within the party is emphasized, citing the Accused’s admission that if there was a single voice against the evacuations, there could not have been an evacuation.
The lawyers outlined 13 proposed reparation projects for Civil Parties to be awarded if the Accused are found guilty. Projects are divided under three main categories:
- Remembrance and memorization, including establishment of an official remembrance day and memorial sites;
- Rehabilitation, such as testimonial therapy and self-help groups implemented by TPO;
- Documentation and education, including establishment of a Peace Study Centre and mobile exhibition project.
The funding for all but one of these reparation projects was secured in March 2014.
Closing Statements from the Co-Prosecutors
The Co-Prosecutors argued that the leaders of the party transmitted a strong message that only Angkar mattered and that individuals could be sacrificed.
They then refuted claims that the prosecution ignored the importance of historical events leading up to 1975, describing their trial brief and witness testimonies which contained contextual details dating from the mid-1950 until April 1975. The Co-Prosecutors then addressed the Defence’s claims that there was no party policy to eliminate all persons that were soldiers in the Khmer Republic, arguing that the evidence shows direction from the party leadership that officers or officials of a certain rank or higher were to be smashed. Evidence is provided to demonstrate a well-structured command emanating from the centre to the zones to refute claims that the crimes were a result of rogue actions by zone commanders. The Co-Prosecutors concluded by highlighting that the knowledge that the Khmer Rouge treats people in cities as enemies was widespread even by 1973.
They stated that the systematic and coordinated actions of the Democratic Kampuchea amount to Joint Criminal Enterprise.
They refuted the argument that the evacuation of Phnom Penh could rely on permitted grounds, arguing that even if an evacuation was permitted for safety or military imperative, international law provides that people must be returned to their homes as soon as hostilities have ceased and health, hygiene, safety and nutrition provisions must be ensured.
The Co-Prosecutors outlined how the evidence has proven that the two Accused persons are guilty for the crimes against humanity, extermination, political persecution, and other inhumane acts of forced transfer, attacks on human dignity and enforced disappeares in relation to two phases of forced evacuation of populations in 1975 onwards and the mass execution of former Lon Nol soldiers in Tuol Po Chrey in April 1975.
In conclusion, The Co-Prosecutors submitted the prosecution’s final statement before the Trial Chamber: they require life imprisonment of the Accused for the membership in a joint criminal enterprise. “Nuon Chea and Khieu Samphan have failed to express their remorse and regret for the atrocities committed. (…) Cambodia has waited over 35 years for justice. The Accused must be legally punished.”
Closing Statements from the Defence
The Defence Co-Lawyers refuted the prosecution’s allegations that the Accused had central roles in developing and implementing CPK policies, arguing instead that the Accused’s involvement was restricted to administration, propaganda and education.
The Defense also argued that the trial did not allow for the proper examination of the contextual situation in Cambodia required to assess the adoption of CPK policies, notably as it relates to the American bombing of Cambodia, food shortages and the economic situation in the period immediately leading to the events of 1975. Defence argued that historical context is central to this case, and discussed the situation in Cambodia prior to 1975, namely the economy, the growing population of Phnom Penh due to an influx in refugees, food and housing shortages and the presence of cold war ideology. It is argued that without considering these factors, one cannot properly understand the events of 1975. She continued arguing that the court should not aim to “convict the accused quickly before they die”; rather it should respect proper legal proceedings. She explained that while it may be difficult to think objectively in this case given all of the suffering, it is important for the court to look beyond pre-conceived judgements and to remain mindful of the rules put in place to consider the accounts of both sides.
The Defense made reference to government interference in the legal proceedings. The co-lawyers further criticised the tribunal’s assumption that the CPK was largely based upon criminal intent, as well as its disregard of important evidence and information. The Defense further claimed that the prosecution failed to provide any concrete evidence of any decision-making power by Khieu Samphan and Nuon Chea.
On the last day of the Closing Statements, the two Accused read their final statements, asserting their innocence.:
- Former deputy secretary of CPK Nuon Chea, who observed most of the proceedings throughout the tria; from a holding cell due to his poor health, read aloud his statement in wheelchair in the courtroom. He expressed a sense of moral responsibility for the victims’ suffering but stated that he did not commit the alleged crimes.
- Khieu Samphan, the former Head of State, reiterated his disappointment with the trial, stating that he no longer had faith in the ECCC as the court is pre-determined to find him guilty and had violated his fair trial rights.
The Defense for Khieu Samphan and Nuon Chea requested the acquittal of both Accused.