00757690 E51115/1I1.3 Annex 2 Comparison between the 1979 trial of IENG Sary and the Introductory Submission PURL: https://www.legal-tools.org/doc/634297/ 00757691 E51115/1I1.3 Introductory Submission 1979 Judgment The object of this common criminal plan was the Implementation of a plan of systematic systematic persecution of specific groups within massacre of many strata of the population the Cambodian population, purportedly in order on an increasingly ferocious scale: to establish a classless, atheistic and ethnic all y indiscriminate extermination of nearly all homogenous society, abolishing all ethnic, the officers and soldiers of the former national, religious, racial, class regime, liquidation of the intelligentsia, and cultural differences massacre of all persons and destruction of #6 all organizations assumed to be opposing their regime #1 Anything or anyone that the CPK perceived as a Implementation of a plan of systematic threat or an obstacle to its policies and ideology massacre of many strata of the population would be killed or destroyed, including all on an increasingly ferocious scale: religions, ethnic differences, the "feudalist," indiscriminate extermination of nearly all "capitalist," and "bourgeoisie" classes and all the officers and soldiers of the former perceived "traitors" in the population or amongst regime, liquidation of the intelligentsia, the CPK cadre. massacre of all persons and destruction of #6 all organizations assumed to be opposing their regime #1 Denial of fundamental rights, such as the rights During their four years in power the Pol Pot to liberty, security of person and property; the - leng Sary clique have used most right to freedom of opinion, expression, thought, barbarous methods of torture and killing conscience and religion; and the right to a family # VIII and personal life, to members of the population who were not identified as members of these targeted groups. #7 Creation of numerous security centres, Herding of people into "communes" I.E. forced labour camps, disguised concentration camps were they re-education centres were forced to work and live in the and co-operatives conditions of physical and moral #9 destruction, were massacred or died in large numbers #IV In or before April 1975, as a deliberate policy of Forcible evacuation of the population from the CPK, residents in urban areas, including Phnom Penh and other liberated towns and Phnom Penh, Kompong Cham, Kompong Som, villages, breaking or upsetting of a family Prey Veng, Battambang, Pursat and Siem Reap, and social structure, mass killing and were forcibly transferred to the countryside, creation of lethal conditions where they were forced to labour in rural # III cooperatives # 11 herding of people into "communes" #IV The CPK employed systematic discrimination 1 of 19 Annex 2 PURL: https://www.legal-tools.org/doc/634297/ 00757692 E51115/1I1.3 against targeted groups including: former officials of the Khmer Republic, including both civil Indiscriminate extermination of officers, servants and former military soldiers, and civil servants of the former personnel, and their families; regime and their families - feudalists, capitalists and # I.l bourgeoisie; new people; Liquidation of the intelligentsia # I.2 Forcible evacuation of the population from Phnom Penh and other liberated towns and villages, breaking or upsetting of a family and social structure, mass killing and creation of lethal conditions - Buddhists; # III Massacre of religious priests and believers, eradication of religions - the Cham religious and ethnic # II minority; eradication of religions, systematical extermination of national minorities - the Vietnamese religious and #II ethnic minority; and eradication of religions, systematical extermination of national minorities - suspected bad elements. #II #12 Intensified repression and systematic massacre of individuals and organizations suspected of opposition to the regime # I.3 The CPK actively searched for and executed indiscriminate extermination of officers, former Khmer Republic officers and officials. soldiers, and civil servants of the former Initially, this policy applied to officers and high- regime and their families ranking officials, but beginning in 1976, the # I.l policy expanded to include non-commissioned officers, ordinary soldiers, and minor officials. #12a The CPK pursued an explicit policy of liquidation of the intelligentsia eliminating the "feudalists," "capitalists" and # I.2 "bourgeoisie." The Party declared that due to their class nature, the feudalists and capitalists could not be re-educated, and asserted that enemy infiltration would not stop until the "reactionary classes" were completely eliminated. #12b 2 of 19 Annex 2 PURL: https://www.legal-tools.org/doc/634297/ 00757693 E51115/1I1.3 The CPK distinguished between "new" people The Pol Pot- leng Sary clique have divided and "old" or "base" people. New people were the population into three categories those evacuated from the cities or other parts of subjected to different treatment: category I the country formerly controlled by the Khmer comprising "old citizens", ie. Persons living Republic government. The "old" or "base" in resistance bases existing before people were those who had resided in areas liberation; category II, comprising "new controlled by CPK during the Khmer Republic citizens, ie. Persons living formerly in areas period. According to the CPK, even those "new controlled by the old regime; and Category people" who did not belong to other targeted III comprising those who have cooperated groups were infected with "imperialist-feudalist­ with the former regime. Their policy was to capitalist outlooks," and the CPK actively exterminate category III, purge category II, promoted the idea that the "old" or "base" people sparing only category I. Persons of this were superior to the new people. latter category, although well treated at the #12c beginning, were in their tum subjected to purges as from 1977. #1 Practitioners of Buddhism were widely Massacre of religious priests and believers, discriminated against as part of a CPK policy of eradication of religions. eliminating religion. The CPK banned the #11 practice of Buddhism, disrobed all and killed shelling religious building, forced the priest many Buddhist monks and damaged or destroyed to leave their frocks, destruction of religious many pagodas. statutes, pagodas were turned into jails or #12d concentration camps or depots. #11 The CPK killed many members of the Cham Massacre of religious priests and believers, ethnic and religious minority as part of a policy eradication of religions. that sought to eliminate Cham culture and the # II practice of Islam. They forcibly dispersed the shelling religious building, forced the priest Cham across the country, forbade them to to leave their frocks, destruction of religious partake in any Islamic activity or ceremony and statutes. banned them from possessing Islamic texts. The # II CPK targeted Cham religious and political forcible assimilation and extermination ... all leaders, as well as those Chams who refused to cadres of ethnic minorities were killed. renounce their religion, for execution. During # II this process, many mosques were damaged or destroyed. #12e The CPK pursued a policy of discriminating forcible assimilation and extermination, all against and killing ethnic Vietnamese. Initially, cadres of ethnic minorities were killed, the CPK adopted a policy of purging those who foreign residents like Chinese or were considered Vietnamese or who had some Vietnamese were killed association with Vietnam. However, the CPK's # II relationship with Vietnam steadily deteriorated, and Vietnam was increasingly viewed as the enemy. This coincided with a belief that Vietnamese spies were seeking to overthrow the 3 of 19 Annex 2 PURL: https://www.legal-tools.org/doc/634297/ 00757694 E51115/1I1.3 CPK. By mid to late 1977, the policy evolved into one of eliminating all those with any connections to Vietnam. #12f The CPK conducted repeated purges in which Intensified repression and systematic cadre and other personnel working for the CPK massacre of individuals and organizations were removed from positions of authority and suspected of opposition to the regime (purge often killed ("smashed") because of real or their own organization and kill individuals perceived opposition to the CPK. Leading cadre, suspected of opposing them) security personnel, and people at all levels in # 1.3 society were under instructions to be constantly on guard against enemies "boring from within" and to "continuously attack and purge" bad elements. #12g At no time during the Democratic Kampuchea During their four years in power the Pol Pot period was there a functioning judicial system or - Ieng Sary clique have used most any other legal mechanism through which those barbarous methods of torture and killing arrested or detained could be given a fair trial. In # VIII its place, the CPK created a hierarchical system of security and re-education centres throughout Democratic Kampuchea, operating under its supervision and guidance, reporting to and monitored by the highest civilian and military authorities. These centres functioned as detention, torture and interrogation facilities, re­ education camps and execution sites for those considered enemies or opponents of the regime. #13 Evacuation of urban areas, overambitious Forcible evacuation of the population from production targets and refusal of international aid Phnom Penh and other liberated