Other Inhumane Acts through Forced Marriage

<p><em>[Disclaimer: The content in Closing Orders are allegations, which need to be proven through adversarial hearings. As such, the allegations below can not be treated as facts unless they have been established through a final judgment.]</em></p><p>From the Case 002 Closing Order:</p><p>&nbsp;</p><p>1442. &nbsp;&nbsp;&nbsp; For each of the incidences listed in the sections “Marriage” and “Factual Findings Crimes”, the Co-Investigating Judges find that the constitutive elements of the crime against humanity of other inhumane acts through acts of forced marriage have been established nationwide as well as the worksites 1st January Dam, Tram Kok Cooperatives and Trapeang Thma Dam, at the Kok Kduoch security centre and in regard to the treatment of the Buddhists. </p><p>1443. &nbsp;&nbsp;&nbsp; With respect to the actus reus, victims endured serious physical or mental suffering or injury or a serious attack on human dignity of a degree of gravity comparable to that of other crimes against humanity. The victims were forced to enter into conjugal relationships in coercive circumstances. </p><p>1444. &nbsp;&nbsp;&nbsp; As regards the mens rea, the perpetrators knew of the factual circumstances that established the gravity of their acts. </p><p>1445. &nbsp;&nbsp;&nbsp; The Co-Investigating Judges find that the incidences of forced marriage, by their nature or consequences, were part of the attack against the civilian population; in particular the imposition of sexual relations aimed at enforced procreation. The perpetrators knew that there was an attack on the civilian population and that their acts were part of it. </p><p>1446. &nbsp;&nbsp;&nbsp; The common purpose aimed at or included the commission of crimes against humanity and other “inhumane acts” by means of forced marriage. The implementation of the common purpose relating to forced marriage was facilitated by the imposition of conjugal relations on victims by the perpetrators of the crimes who were CPK cadres. The Co-Investigating Judges find that the forced marriages assumed a systematic character and constituted an integral part of the common project implemented between April 1975 and 6 January1976. The widespread character of forced marriages throughout the country clearly indicates hat they were decided and coordinated by the highest leadership of the CPK in the common purpose. Concerning the main modus operandi, witnesses from different zones report that the representatives of the CPK married people who had similar profiles. The specificity of this process and the evidence that it was applied in different locations demonstrates the existence of a common purpose formulated at the highest level of the CPK regime. Another practice demonstrating that the marriages took place in the framework of the common purpose is the fact that multiple marriages were performed at the same time involving between 20 and 60 couples </p><p>1447. In the majority of cases of forced marriage death threats were made, violence was used and people were even executed if they refused to marry. Many witnesses state that they were too afraid to articulate their objection. Weddings took place devoid of traditional involvement of the parents. There was no respect of the traditional rituals. In some cases one party could request authorization to marry a person they determined, but this does not detract from the element of coercion or force placed on the person so identified. Some witnesses state that they were forced to consummate their union, which corroborates the existence of a common purpose established by the senior leaders of the CPK that marriages were necessary to increase the population.&nbsp; </p>