00948768 E295/6/2

BEFORE THE TRIAL CHAMBER EXTRAORDINARY CHAMBERS IN THE COURTS OF

Filing details File No.: 002/19-09-2007-ECCC/TC

ORIGINAL/ORIGINAL Party Filing: Civil Party Lead Co-Lawyers • • • 06-Nov-2013 15'53 19 18 !Jl (Date): ...... : ...... : .... .

CMS/CFO: ...... ~.~!:I.!:I .. ~~~.~ ...... Before: Trial Chamber

Original language: English translation Khmer

Date of document: 26 September 20 l3

CLASSIFICATION Classification of document suggested by the filing party: Confidential Classification by the Co-Investigating Judges or the Chamber: MalZn.n:/Public Classification Status: Review of interim Classification: Records Officer Name: Signature:

CIVIL PARTIES CLOSING BRIEF TO CASE 002/01

WITH CONFIDENTIAL ANNEXES 1-4

Filed by: Before: Lead Co-Lawyers for Civil Parties Trial Chamber PICHAng Judge NIL Nonn, President Elisabeth SIMONNEAU-FORT Judge Silvia CARTWRIGHT Judge YA Sakhan Judge Jean-Marc LAVERGNE Co-Lawyers for Civil Parties Judge YOU Ottara CHETVanly HONG Kim Suon Distribution to: KIM Mengkhy Office of the Co-Prosecutors KONG Phallack LORChunthy CHEALeang 00948769 E295/6/2 002/19-09-2007 -ECCC/TC

MOCH Sovannary YET Chakriya SINSowom William SMITH KONG Pisey YUNG Phanith SAMSokong The Accused VENPov TYSrinna KHlEU Samphan Ernrnanuel~TIT NUONChea Olivier BAHOUGNE Patrick BAUDOIN Evelyne BOILEAU-BRANDOMIR Co-Lawyers for the Defence Philippe CANONNE SONArun Annie DELAHAIE Victor KOPPE Laure DESFORGES Ferdinand DJAMMEN NZEPA KONGSamOnn Elodie DULAC AntaGUISSE Nicole DUMAS Arthur VERCKEN Isabelle DURAND Franc;oise GAUTRY Marie GUIRAUD Co-Lawyers for the Civil Parties Ernrnanuel JACOMY Pascal AUBOIN Martine JACQUIN Beini YE Daniel LOSQ Christine MARTINEAU Mahdev MOHAN Bamabe NEKUIE LymaNGUYEN Elisabeth RABESANDRATANA Julien RIVET Fabienne TRUSSES NAPROUS Nushin SARKARATI Jeanne SULZER Philippine SUTZ

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PART I: INTRODUCTION

A. GENERAL INTRODUCTION & OVERVIEW l. The leaders of the Communist Party of Kampuchea (CPK) headed a joint criminal enterprise designed to impose their vision of a utopian agricultural social order in Cambodia with record speed and remarkable disregard for the consequences such a plan would have on the populace. The unforgiving application of draconian policies intended to push "the extremely marvelous, extremely wonderful, prodigious leap forward"l in Cambodian history came at the price of massive death tolls and profound human suffering. In the rush to protect and bring to fruition the CPK's massive work of social engineering, the entire population of Cambodia was forced out of their homes and into the fields to serve the revolution. 2. Initiated with the forced removal of the cities' inhabitants and the elimination of those individuals thought to pose the greatest threat to the revolution, a process of unending toil and distribution and redistribution of the populace to new locations became the hallmarks of life under the CPK. In the instant brief, the Civil Parties provide detailed evidence in support of their assertion that and , as leaders of this revolution, are responsible for the crimes alleged in Case 002/01. 3. On the basis of the evidence and the arguments developed herein, the Civil Parties will demonstrate that the accused, Nuon Chea and Khieu Samphan, are guilty of the crimes against humanity of: 1) extermination; 2) murder; 3) political persecution; 4) other inhumane acts: forced transfer, 5) enforced disappearances, and 6) attacks against human dignity as co-perpetrators and participants in the joint criminal enterprise to implement a rapid socialist revolution in Cambodia through a "great leap forward" and to defend this revolution and the Party's line by whatever means necessary. 4. The Civil Parties' arguments and demonstration on these points are organized into three main parts. Part I presents a general overview, followed by discussion of the historic role civil parties have played in these proceedings and, finally, arguments concerning the probative value of civil party evidence. Part II is a discussion of the factual elements of the joint criminal enterprise (JCE), including demonstration of the common plan and each of the five policies which comprise the JCE. Part III is a detailed discussion of the factual evidence on forced transfers and the executions of Khmer Republic affiliates at Tuol Po Chrey, including elements on the consequences of these events on their victims. Part IV details the legal characterization of the facts sought by Civil Parties. And, Part V is

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comprised of the Civil Parties' conclusions and requests to the Trial Chamber. In consideration of their role in support of the Office of the Co-Prosecutor's and the constraints on the length of their closing brief, the Civil Parties do not discuss the early trial phases, including historical background, and administrative and communication structures. 5. Throughout their closing brief, the Civil Parties have sought to highlight the extensive and highly probative evidence that civil parties contribute on the policies and crimes alleged in Case 002/01. Where possible, civil parties offering evidence on a given point are quoted in the body of the text and additional evidence, including corroborating civil party evidence, related oral testimony of witnesses and experts, and documentary evidence are extensively cited in the endnotes. As this brief will demonstrate, in many points, civil parties are uniquely positioned to provide essential evidence on the criminal allegations against the accused.

B. ROLE OF THE CIVIL PARTIES 6. The participation of victims as civil parties is one of the most innovative and acclaimed aspects of the proceedings before the ECCe. 2 Proceedings in Case 002/01 have confirmed the decisive role played by civil parties at all stages of the proceedings and, notably, during the trial phase. This role will necessarily need to be acknowledged in the judgment. First, the ECCC is the only internationalized tribunal based on the civil law system which recognizes civil parties as full-rights parties. Unlike other internationalized criminal tribunals, where the participation of victims in the proceedings has been significantly limited or subject to the discretion of the judges, at the ECCC, the Civil Parties exercise the rights of a party to the trial, with equal standing to the Prosecution and the Defense. 3 At all stages of the proceedings, the Civil Parties have repeatedly claimed and demonstrated that they intended to exercise these rights fully-and they have done so. Through their legal representatives, the civil parties have, inter alia, requested investigations, proposed witnesses to be heard, submitted lists of documents, filed submissions on all aspects of the proceedings and examined witnesses and experts, thereby making a unique contribution in the field of international justice. 7. Second, as the proceedings in Case 002/01 have made clear, the evidence brought by the Civil Parties during trial was not only relevant, but essential to the ascertainment of the truth in these proceedings. A total of 574 civil party documents, including victim information forms, supplementary statements and annexes, have been submitted by the

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Civil Parties in the course of the trial and admitted into evidence by the Chamber. In addition, the Civil Parties have submitted themselves to examination before the Chamber and on these occasions, have provided detailed, vivid and often startling testimonies on the crimes committed in and their impact on the population. 4 8. Through these written and oral testimonies, the Civil Parties have provided an overwhelming quantity of corroborative first-hand evidence on the existence of all five policies put in place by the CPK and the implementation of the policy leading to the forced transfers of the population. The Civil Parties have also raised a number of matters which might have otherwise been overlooked in the trial, but are essential to a proper understanding of the context and extent of the crimes committed during the period. 5 This evidence establishes a common pattern of crimes occurring throughout Democratic Kampuchea between 1975 and 1979, or in other words, a "non-accidental repetition of similar criminal conduct on a regular basis,,,6 which affirms the widespread and systematic nature of the attacks suffered by the population. 7 In addition, Civil Parties have given testimonies on the impact of the crimes on the population and their own prejudice as a result of these crimes, thereby attesting to the extent of the crimes committed and bringing to the trial a human dimension which otherwise would have been absent from the proceedings. 8 9. Third, the role of the Civil Parties in this trial takes on a special significance in light of the historical context, the objective of national reconciliation set out in the Court's founding instruments and the expectations of the victims and the Cambodian population at large. Over the past thirty years and until they filed their civil party applications, many of the civil parties in this case had never recounted their stories to anyone. It took an impressive degree of courage and determination to apply as civil parties, recall distressing memories and put them into words and, for a number of civil parties, to face the strain and sometimes the risk of testifying before the Chamber. As Judge Lavergne put it in the context of the present proceedings: "It is obvious that for the thousands of persons granted civil party status, these rights take on a special significance, bearing in mind not only the seriousness of the charges against the accused, but also the civil parties' very long wait for justice, a wait which makes these trials historic.,,9 10. For these reasons alone, the civil parties expect that their historical and decisive role will be fully acknowledged in the judgment and that, after thirty years, their right to justice and reparation will finally be realized.

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C. PROBATIVE VALUE OF CIVIL PARTY EVIDENCE & METHODOLOGY 1. Probative Value 11. As participants in Case 002, Civil Parties bring extensive and highly valuable evidence for the Trial Chamber's consideration in ascertaining the truth concerning the allegations against the accused. During the Case 002/01 trial, 31 civil parties provided oral testimony before the Chamber. 1O Additionally, the Civil Parties have put a total of 574 Civil Party

documents before the Trial Chamber, II including: 484 documents submitted in the "representative sample" of civil party written statements tendered in lieu of oral testimony; 69 documents tendered in conjunction with the oral testimony of their civil party author; 30 documents tendered through the examination of civil parties, witnesses or experts; and 10 documents tendered through key documents hearings. These Civil Party documents have been admitted into evidence and come from two principle sources: the civil party application, which includes victim information forms, supplementary statements and annexes; and written records of interview of civil parties taken by the Office of the Co-Investigating Judges. 12. The testimony and written statements of the Civil Parties have been put before the Chamber and should be treated as probative evidence-subject to a case-by-case analysis of their probative value and weight-for purposes of the Chamber's deliberations in Case 002/01. Both the Internal Rules and jurisprudence of this Court provide guidance on the admissibility and probative weight of Civil Party evidence. According to Internal Rule 87(1), "unless provided otherwise [ ... J all evidence is admissible.,,12 The Civil Party evidence cited in the instant Closing Brief, both oral and written, has been identified before the Court and is thus properly before the Chamber.

a. Probative Value olIn-Court Testimony o/Civil Parties l3. Once victims are declared admissible to participate as civil parties, they become full parties to the criminal trial before the ECCe. Consequently they are not required to testify under oath. This Court has affirmed that Civil Parties may testify to their knowledge of the criminal case, without testifying under oath. 13 Civil Party testimony provided without an oath is afforded no less probative value than that given under oath. The Trial Chamber has held, in both this case and in Case 001, that the probative value of Civil Party testimony and statements are evaluated using the same criteria as other evidence. According to the 2 May 2013 decision of the Trial Chamber in this case, "the weight to be given to Civil

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Party testimony will be assessed on a case-by-case basis in light of the credibility of that testimony. ,,14 14. The Trial Chamber found support for its holding in the Case 001 Judgment, wherein it explained: "The Internal Rules exempt certain individuals from the requirement of testifying under oath or affirmation. These individuals may nevertheless testify and have their statements put before the Chamber and assessed as evidence where relevant and probative.,,15 Consistent with this approach, the Trial Chamber in Case 001 regularly relied upon Civil Party evidence as probative in the Trial Judgment. 16

b. Probative Value of Civil Party Tititten Statements 15. This Court has determined that Internal Rule 87(1) permits the Trial Chamber broad discretion to admit all relevant and probative evidence. 17 According to the August 15, 2013 Trial Chamber decision on the admissibility of written statements, Civil Party written statements tendered during the examination of the same Civil Party's testimony, where the Defence has the opportunity to confront the statement's author, need only satisfy the general admissibility requirements set out in Internal Rule 87 (3) and, as a result, are "prima facie relevant and reliable.,,18 16. In regard to written statements tendered into evidence in lieu of oral testimony by the author, the Trial Chamber rejected the notion that the Defence has an absolute right to confront all witnesses against him or her.19 Instead, this Court found that confrontation rights are somewhat limited by the Trial Chamber's duty to ensure the expeditiousness of proceedings and found that instead that "[s]ubject to the Chamber's overriding duty to ensure a fair trial, the Trial Chamber therefore has the discretion to admit certain

categories of statements without summoning their authors to testify at trial. ,,20 17. In determining the probative value of written statements admitted into evidence without witness confrontation, the Trial Chamber relies upon the factors for probative value and weight set forth by the ad-hoc and internationalized tribunals. 21 Accordingly, when such statements are not excluded under Internal Rule 87(3), the evidence may still be relied upon if certain conditions are present. These factors include whether this evidence: a) is of a cumulative nature, in that other witnesses will give or have given oral testimony of similar facts; b) relates to relevant historical, political or military background, concerns crime-based evidence or goes to proof of threshold elements of international crimes (such as the

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existence of an international armed conflict or the widespread or systematic nature of an attack); c) consists of a general or statistical analysis of the ethnic composition of the population in the places to which the indictment relates; d) concerns the impact of crimes upon victims; or e) is impossible to subject to confrontation because its author has subsequently died, or can no longer with reasonable diligence be traced or is medically unable to testify

orally. 22

c. Application ofFactors to Civil Party Written Statements 18. In Case 002/01, the Trial Chamber has admitted Civil Parties written statements, tendered both in conjunction with and in lieu of the oral testimony of their authors, in the form of victim information forms (VIPs), supplementary statements and annexes to the civil party application as well as written records of interview taken by the Office of the Co­ Investigating Judges. 19. The VIP includes the name, date of birth of the applicant, their occupation and address, as well as the names of their immediate family members. Both the VIP and the other statements contained in the civil party application include evidence of the facts of the crimes endured by the applicant, locations of the crimes as well as dates, and, at times, names of individuals with additional information on the crimes. The applications also focus on the harm experienced by the applicant; the applicant's physical, psychological, and material harms. 20. These statements were submitted in accordance with the official ECCC application process,23 and carry numerous indicia of reliability which the Chamber may consider in determining the probative value and weight to be accorded them. 24 The forms are signed (or a thumbprint when the applicant was incapable of filling in the application, together with the name or signature of the person who assisted the victim) and dated. The forms include a sworn declaration that the statements are true, to the best of the victim's knowledge and belief, and a confirmation that the victim understands that he/she may be subject to legal sanctions if found to have provided false testimony. All applications contain a document proving the identity of the applicant. 21. The forms were often submitted with supplemental materials which complement the written evidence in the victim information form, such as documentary evidence from the

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DK era, additional hand written testimonies, pictures, maps, books and medical records corroborating their statements. 22. Insofar as these statements go to proving matters other than the personal acts and conduct of the accused, this Court determined that Civil Party written statements submitted to the

Court satisfy the admissibility criteria and are indeed put before the Trial Chamber. 25 23. The written records of interview tendered by Civil Parties were taken in the course of the investigation phase by the co-investigating judges, or investigators at the rogatory request of the co-investigating judges and, consequently, have an added probative value as "Pieces de procedure" in the Closing Order. They are also signed and/or bear the thumbprint of the Civil Party attesting to the truth of the statements contained therein. Each interview has been recorded in its entirety and the audio record is available on the case file. 24. In the case of written statements tendered in conjunction with the testimony of their author, additional assurances of reliability are provided by the fact that the parties as well as the bench have had the opportunity to confront the author of the statements concerned and test their veracity. 25. In addition to these indicia of reliability, the forms meet several of the factors deemed appropriate by this Court to establish probative value and weight. As detailed in Civil Party submissions, the facts detailed in the victim statements are cumulative in nature, and support in-court testimony made by civil parties, witnesses and experts and which were subject to cross examination.26 Moreover, the written statements relate to relevant historical, political or military background and concern crime-based evidence or go to proof of threshold elements of international crimes. Notably, each of the written statements concerns the impact of crimes upon victims. Although only one factor need be present in order to consider the appropriate weight of the evidence, here, Civil Party

statements satisfy three of the five factors set forth in the Trial Chamber's guidelines. 27

2. Methodology a. Presentation of Civil Party Evidence 26. In this brief, Civil Parties demonstrate the high probative value of civil party written statements by corroborating and adding important detail and nuance to the oral testimony and documentary evidence before the Chamber, but also by demonstrating the depth and breadth of the evidence on many key points-including the conditions brought about bhy the crimes being adjudicated in Case 002/0l.

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b. E3 Number Designations 27. Civil Parties note that the vast majority of documents cited in this brief have been designated with an E3 number which is listed in the endnote citation. Where there is no E3 number available, Civil Parties have conducted the necessary research to ensure that the document concerned should have been admitted into evidence. Accordingly, the Civil Parties will make a separate request to the Trial Chamber providingg explanation for each document and asking that the TC admit the document into evidence and make an E3 designation.

c. Translation of Civil Party Evidence 28. The documents cited in this draft have been translated into the three official languages of the Court by the Interpretation and Translation Unit (lTU). A portion of these documents are draft documents which have not yet had their final review due to staffing shortages in the lTD. Where these documents are cited in the endnotes of this brief, they have bear a notation that reads (lTU Draft Doucument). This has been done in order to alert the Trial Chamber in the event that it wishes to request the review of any of these documents in their deliberations.

d. Endnotes to the Closing Brief 29. Civil Parties have included pin citations and parenthetical references in the endnotes to this brief This has been done in order to aid the Trial Chamber in assessing the evidence as efficiently as possible. Should the Trial Chamber feel that the translation of the parenthetical references is excessively burdensome for ITU, Civil Parties would propose that the Chamber could instruct lTU that the translation of the parenthetical text in the footnotes is not required.

PART II: FACTUAL ELEMENTS OF THE POLICIES OF THE CPK

A. GENERAL INTRODUCTION TO COMMON PURPOSE OF THE JCE 30. The Civil Parties provide in the following section the factual elements establishing the common criminal design of the joint criminal enterprise (JCE) in which the Accused participated. The Civil Parties' evidence will assist the Chamber in establishing the criminal nature of the JCE. As stated in the Closing Order, the common purpose of the leaders of the CPK was to implement a rapid socialist revolution in Cambodia through a

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"great leap forward" and to defend this revolution and the Party's line by whatever means necessary.28 As it will be demonstrated in the discussion of each policy which follows, the common criminal plan came into existence before 17 April 1975 and continued at least until 6 January 1979. 31. To achieve this common purpose, the CPK leaders inter alia designed the following five policies: 1) the repeated movement of the population from towns and cities to rural areas, as well as from one rural area to another, 2) the establishment and operation of cooperatives and worksites; 3) the reeducation of "bad-elements" and killings of "enemies", both inside and outside the Party ranks; 4) the targeting of specific groups, in particular the Cham, Vietnamese, Buddhists and former officials of the Khmer Republic, including both civil servants and former military personnel and their families; and 5) the regulation of marriage. 29 32. The Civil Parties recognize that the mere objective of achieving rapid socialist revolution could have potentially been executed in a way that involved no criminal conduct. However, as demonstrated by the evidence presented in the instant brief, the Accused established five criminal policies which were to be implemented by whatever means necessary, without any consideration for the infringement of fundamental liberties and rights that these policies imposed on the Cambodian population. 33. The CPK leaders were fixated on the revolution being more radical30 and more quickly achieved than any other previous communist revolution. 31 As a civil party remembers, "At various meetings, Khmer Rouge Cadres talked only about the goal of producing three tons of rice per hectare and warned the people that the wheels of history keep moving forward, so all the people had to be hard working. The Cadres further warned that, if anyone dared put their arms or legs under those wheels of history, they would be cut off. Those Cadres loudly shouted, 'Angkar moves forward by leaps and bounds! ",32 34. The Accused not only aimed to have the most radical Maoist revolution in history, they wanted to refashion Cambodian society in order to create a new social order in which all persons would be modeled on the ideal of the "worker-peasant,,,33 and the fundamental character of Cambodian society would be destroyed. It was of the highest importance to the CPK leadership that, through these measures, they would demonstrate that their revolution---characterized by its radicalization of communist theories and its unmatched pace-would demonstrate the supremacy of the CPK revolution above all communist revolutions that had come before.

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35. The Civil Parties assert that the five policies discussed herein were inherent to the common purpose to create a utopian agricultural social order through revolution that the CPK leaders aimed to establish in Democratic Kampuchea. Civil parties aver that the policies were not mere means, but were instead the very manifestation of the CPK's revolutionary project and, hence, the common criminal design of the JCE. 36. In line with the Trial Chamber's Severance Order,34 the Civil Parties provide detailed evidence on the establishment and existence of all five policies, while limiting their demonstration on the implementation of these policies to only what the Closing Order characterizes as forced movement of the population phases 1 and 2, and killings at Tuol Po Chrey.35 37. The Civil Parties underline that the demonstration of the existence of the policies is predominantly based on civil party written statements admitted into evidence36 corroborated by oral testimony and other documents admitted into evidence. Therefore, the existence of these policies is principally inferred from the factual basis of the charged crimes. This approach is taken in accordance with the settled jurisprudence in international criminal law which permits that evidence of a policy to commit crimes can be inferred from the way in which the crimes occurred.37 Thus implementation of similar crimes or a pattern of crimes, on a widespread or systematic basis can provide evidence of a policy to commit those crimes.

B. MOVEMENT OF THE POPULATION 1. Objectives 38. One essential component of the common criminal design of the joint criminal enterprise carried out by the CPK in Democratic Kampuchea was the forced transfer populations from cities and towns to rural areas and from one rural area to another. This policy, particularly as it concerns the first two phases of forced transfer was guided by three main objectives, each of which was intended to move forward the CPKs ultimate goal to achieve a rapid socialist revolution in Cambodia. 39. The first key objective of the policy of forced transfers of the population was to ensure that cooperatives and worksites were supplied with a massive work force capable of meeting the production and infrastructure demands dictated by the vastly accelerated "Great Leap Forward" that the CPK envisaged for the country. Civil parties confirm being told that they were being forcibly transferred in order to help Angkar to meet its production and infrastructure goals.38 One witness recalls: "We heard that people had

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to be evacuated so that they can engage in the rice production in the countryside. ,,39 This objective is confirmed by a other sources. 40. This objective can also be inferred from the speed with which transferees were put to work to meet stringent production and infrastructure goals on arrival at their destinations. Describing the instructions he and his family were given on arrival after their forced transfer from , one civil party reports "I, myself, had to clear 10 square meters [of land] in exchange for a can of rice. ,,40 Another civil party recalls that she very soon after arrival she and her sister were put to work "[my sister] was assigned to dig up and carry dirt on her shoulder. 2 cubic metres in the morning and one and a half in the afternoon. ,,41 41. The forced transfer of the population was also aimed at reshaping the Cambodian population into a peasant class entirely devoid of the status distinctions the CPK associated with city-dwellers, former civil servants, politicians and the educated and merchant classes. Civil parties confirm that they were told that there forced transfers to new locations were intended to help them refashion themselves. As recalls one civil party, "They told us that we were the 17 April People and to make sure the Angkar trusted us, we had to be tempered at that mountain [Sgnok Mountain]. ,,42 Other evidentiary sources confirm the Party's concern with refashioning the elite classes.43 42. The CPK also sought to use the practice of forced transfer to squelch potential resistance to its rule and, thereby, ensure that the revolution would move forward unhindered. Khmer Rouge military commanders and troops were instructed to carry out the forced transfers in order to "take control of the city," "control the situation" and "because even if the enemy was defeated, there were still pockets of them here and there. ,,44 The CPK also used forced transfers as a means to protect the gains made by the revolution by "dry[ing] up the people from the enemy"---or, ensuring that residents did not remain in these locations in a position to resist the CPK's contro1. 45 As reports a civil party, "We were told that we had to leave because we were not supposed to mingle with enemies.,,46

2. Description 43. a. Characteristic Elements 44. The manner in which forced evacuations were carried out by the CPK is defined by a number of common elements. These elements can be seen in the forced transfers that were committed against populations throughout Cambodia beginning before 1975 and

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continuing into 1977. As presented in the Closing Order, forced transfers were carried out by the CPK in three distinct phases, two of which are the subject of the current trial and the present discussion (phases 1 and 2).47 45. Forced transfers were always initiated and enforced by CPK forces, including soldiers, militiamen, and local leaders. Transferees were usually given little or no advance notice that they were being moved and were rushed to leave the area. One civil party remembers "We pleaded, we asked the soldiers to allow us some more time [ ... ], but then the soldier told us that we had to leave in the day because, if they came back and then we still stayed at the same place, we would be in big trouble.,,48 Another civil party notes, "While we were walking, we could hear announcements through loudspeakers, pushing us to walk quickly, mov[ e] quickly.,,49 The quick pace of forced transfers allowed little time for transferees to prepare-in some cases just 15 minutes. 50 Another civil party notes "They told us it was not necessary for us to bring those utensils [ ... ] [that] it would be just heavy stuff for us to bring [ ... ] we did not actually bring anything except the money.,,51 46. The populations moved were not given a choice whether they would be transferred. Compliance with orders for forced transfer was expected and, if victims were not convinced by explanations and inducements, then CPK forces systematically resorted to increasingly coercive and violent measures to ensure the compliance of the transferees. 52 One civil party reports that "when my father refused to leave [ ... ] we received a severe threat [ ... ] the Khmer Rouge soldier told us that if you decide not to leave you will be shot to death. ,,53 47. Notably, the policy of forced transfer of populations began well before the on 17 April 1975, with the forced transfer of residents from villages, towns and cities controlled by the Khmer Rouge to alternate rural locations. 54 As early as 1972, civil parties and witnesses describe forced transfers taking place throughout the country, including in Kampong Cham city, Udong city, Kampang Chhnang, Kampong Speu, Mondulkiri, Svay Rieng and Kandal provinces. 55 48. Once the CPK gained full control of the Cambodian territory with the fall of Phnom Penh and other provincial capitals to their troops, they uniformly applied a policy of forced evacuations from urban areas to rural cooperatives. As noted by one witness, "the order to evacuate the population from the city, I believe that these orders were blanket ones; every city had to be evacuated, no doubt.,,56 This policy was implemented beginning on or around 17 April 1975 in Phnom Penh57 and in the days

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and weeks before and after in other cities and towns. One transferee from Phnom Penh states "Three days after the Khmer Rouge entered, we were herded and asked to leave.,,58 49. Phase 1 forced transfers were not limited to Phnom Penh, but also occurred in other cities and towns throughout Cambodia, including: Kampong Som city, Battambang, Kampong Speu, Pursat, Kandal, Kampot, and Takeo province. 59 A civil party who was evacuated during that time said that "on 17 April 1975, at 7 am [ ... J black-clad Khmer Rouge soldiers [ ... J told people to leave Kampong Som city without taking many belongings with them because Angkar would feed all of them there. ,,60 50. Following closely on the forced evacuations of Phnom Penh and other urban centers throughout Cambodia, the CPK embarked upon a continuing program of forced transfers from the Central (old North), Southwest, West and East Zones to the North and Northwest Zones. Many of these forced transfers took place beginning in later 1975, and continuing until at least "sometime in 1977." As described by one civil party, "In early 1976, [ ... J during rice harvest, my family and others were evacuated by the Khmer Rouge to a new worksite in Battambang, [the Khmer Rouge were J saying there were many rice fields in Battambang, but there [were J not enough people to do the harvest.,,61 Other of these forced transfers began in the months of June, July and August 1975.62 In phase 2, the geographic scope of forced transfers also extends beyond the scope defined in the Closing Order. 63 51. A defining feature of the CPKs policy of forced transfer was the pattern of repeated forced transfer of populations. Though forced transfers which characterized this policy can be generalized to the broad phases above,64 civil parties report numerous and repeated forced transfers within a single phase, often outside of the timeframes and locations established in the Closing Order. 65 In many cases, forced transfers under CPK leadership were carried out on a repeated, incremental and staged basis and included multiple forced transfers within a single "phase" and/or during one or more of the distinct phases.66 A civil party who had walked as a child to her native village from Phnom Pehn remembers "I stayed in that village for a short period of time. Then my family, as well as other families, were ordered to leave. [ ... J Angkar sent us further from our native village. ,,67 52. The evidence demonstrates a clear pattern of forced transfers being carried out en mass. Especially before and including the forced transfers occurring in April 1975, forced transfers involved the complete emptying of villages, towns and cities. 68 Forced

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transfers occurring after this, often involved groups ranging from hundreds to thousands. 69 One civil party recalls that there were so many people during the evacuation of Phnom Penh that "People died along the street, sometimes there were a [kind] of stampede where people died.,,70 53. CPK forces implementing forced transfers provided very little or no assistance to the transferees and the transfers were carried out under inhumane conditions. Earlier forced transfers were absent even transportation for the transferees, who often had to 7 journey long distances by foot. ! One civil party remembers "There was no transportation; were on foot all the time, and there was no assistance offered by the Khmer Rouge soldiers."n There was usually no food, water, shelter or medical attention provided or available. 73 Another civil party reports that "my family and other 17 April people were [ ... ] horrified. There's no money, no food, no water along the road."74 In later forced transfers transportation and perhaps even some food might be provided, but other measures were not taken to ensure the well-being of transferees and the assistance provided was inadequate or even inhumane in its own right. 75 A civil party testifies that "on board the train nothing was given to us, no food or clothes [ ... ] Although they [other transferees] died, the train did not stop for them to be removed. ,,76 54. Targeting and persecution of specific groups was also commonplace during the forced transfers. "" were a primary target of the CPK's policy on forced transfers. 77 Other groups were also targeted for persecution during the forced transfers, including the affiliates of the Khmer Republic,78 the Khmer Krom,79 and Buddhist monks and nuns. 80

b. Scope 55. Civil party evidence confirms that the CPK policy as described above and in the Part III: Factual Evidence of Crimes existed and was applied prior to 17 April 1975 and continued until at least 6 January 1979. The policy affected a wide range of civilians including both men and women; former affiliates of the Khmer Republic; Khmer Krom; monks; as well as many vulnerable populations within these groups, such as the elderly, newborns, infants and children, hospital patients, the ill or wounded, pregnant 8 women and new mothers. ! 56. As confirmed by Civil party evidence, there was a widespread pattern of forced transfers carried out throughout Cambodia during the Democratic Kampuchea regime.

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There is Civil party evidence demonstrating phase 1 forced transfers from Phnom Penh to 15 of Cambodia's 23 other provinces and special administrative zones. 82 Concerning phase 2, civil party evidence establishes that there were forced transfers from 17 of Cambodia's 24 provinces and special administrative zones to 14 provinces. 83 As indicated above, there is also evidence of phase 1 forced transfers which were initiated from cities and towns other than Phnom Penh and phase 2 forced transfers between locations not specified in the Closing Order. 84

c. Impact 57. The forced transfers of the population were carried out on orders of the CPK without regard to the wishes, safety or well-being of the victims. Conditions during forced transfer were abysmal, resulting in all manner of suffering and harm to transferees. 85 As described in the Part III of this brief, the forced transfers resulted in family separation, disappearance, death, illness, starvation, exposure, physical and psychological injury, arrests and disappearances, killing, beatings and mistreatment, and sexual violence among others. 86 58. In addition to the suffering and harm experienced by victims in the course of the forced transfers, the consequences of the forced transfers on the health of the victims, the massive scale of the redistribution of the population and the lack of planning and coordination by the CPK resulted in overpopulation, famine, disease and death at destination points. 87 As noted by one witness "it is not easy when people had to be displaced, because people had to move from area to another to the area that they never got used to living in. [ ... J they got sick and some families just perished entirely. For example, in my cooperative the whole family just died.,,88

3. Policy as State Practice 59. As demonstrated here and in Part III of this brief, civil party evidence corroborated by other sources validate that the CPK leaders inter alia designed and implemented the policy on forced transfer. The wealth of civil party evidence detailing the practice of the forced transfer in Democratic Kampuchea demonstrates that the recurring patterns and relatively uniform application of the policy. Even in different locations, the transfers were announced in the same manner, transferees were given the same reasons being offered for the forced transfer, the transfers took place under the same conditions, transferees were treated in a similar manner and the transfers were

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coordinated among forces on the ground. This degree of uniformity would not have been possible had the policy not emanated from the highest levels of CPK leadership and been planned in advance. 60. The senior most leaders of the CPK were aware of and participated in the design and implementation of the policy on forced transfers. Nuon Chea admits that "all city dwellers were evacuated, and it is obvious.,,89 In interviews, Khieu Samphan and confirmed having discussed plans for mass evacuation of Phnom Penh with . 90 Additional details on the participation, planning and awareness of the Accused in the forced transfers are detailed later in this briee1

C. COOPERATIVES AND WORKSITES 1. Objectives 6l. From the early seventies, the Khmer Rouge set up cooperatives in the liberated zones, based on the model of other communist regimes. These cooperatives were created "to implement the policy of the Party,,92 and defend the socialist revolution. 62. The cooperative policy was determined by three principal objectives, the first being to build a nation based on collectivism,93 thus eliminating the private sphere and destroying the social structure. The second objective was to provide food for internal consumption and export, implementing an intensive agricultural policy, and the third one, to defend the nation94 furthering the policy of detecting, re-educating and smashing the enemy. The guiding principle to achieve these objectives was to use whatever means necessary, as fast as possible and all over the country. 63. The principal characteristics of the cooperative policy were the application of the collective principle to labor and organization, the use of cooperatives and worksites to implement that principle, the eradication of former feudal and capitalistic production relationships, and lastly to reform people's mentalities and the destruction of family ties. 64. The CPK leaders intended to reach their unrealistic agricultural production's objectives through the system of cooperatives and worksites, in view of building the Nation and achieving the revolution. During the forced evacuation of the cities on 17 April 1975, the soldiers announced that the "new people", must join the cooperatives and leave all their possessions behind.95 From that date, the Party's objective was to establish "high level" cooperatives throughout the country. The CPK agricultural policy was therefore to "strengthen the cooperatives to make them even stronger and achieve three tones of rice per hectare,,96, objective which was confirmed by Civil Party evidence. 97

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65. The construction and organization of cooperatives made it also possible to fight "internal enemies" efficiently since they were easier to identify. 98 The "new people" 99 were considered to be enemies and therefore permanently suspected 100. As a civil party recalls "The evacuated people were regarded as the 17 April People, who were tracked and monitored at all times". 101 Following the CPK ideology and in order to control the people more efficiently, the Party divided the population into two categories, the New people and the Base People. 102 66. The cooperative also served the CPK's objective to re-educate the intellectuals, the bourgeoisie, the feudal and the capitalistic classes. 103

2. Description a. Characteristics 67. The first characteristic of the cooperatives was to Increase agricultural production, especially rice, rubber and salt. A civil party recalls "They set a target for us. We had to produce at least three tons of rice per hectare ofland.,,104 68. Also a countrywide irrigation network was to be built by constructing new channels, dykes and dams. 105 A policy of forced and extremely harsh labor was implemented, that increased continually over the next months. 106 69. Collectivization was to be fully achieved by 1976, private property "eradicated", 107 and the Party would control the cooperatives. 108 This collectivization was not "ordinary collectivity; its composition [was J high level, with collective means of production, collective tools to increase production, collective eating and living, collective work, etc .. ,," 109 70. The forced evacuees from the cities ended up in cooperatives, as a Civil party states: "Two or three weeks after the 17 April [ ... J we were placed in a cooperative". 110 They were all obliged to carry out forced labor, which was the leadership's concealed objective behind the first evacuation. 71. During the first months at the cooperatives, people were still allowed to live with their families and take their meals together, but food was rationed and people were obliged to give up all their private possessions. A de-humanization process began. 111 The CPK imposed a number of measures, such as abolishing private property, collectivizing the means of production, challenging the traditional way of life, and forbidding freedom of movement, measures that continually called into question the peasant way of life. 112

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72. The success of the revolution depended on the pace of the success of the agricultural policy and consequently the strengthening of the cooperatives and creation of labor camps had to be carried out as quickly as possible. ll3 Therefore, at the end of 1975 and early 1976, the survivors of this first evacuation were once again transferred to other locations and cooperatives, mainly in the northeast to "high-level cooperatives". This second evacuation marked an even more radical turning point in the CPK leadership's policy. The organization of the cooperatives was planned centrally, as were the production objectives, the allocation of people to the various regions, the labor organization and the food rationing. 73. The second component of this cooperative policy consisted in eradicating former production relationships. All feudal and capitalistic relationships were to be eliminated as rapidly as possible and by all necessary means. 74. Civil parties state that segregation existed between the "New people" and the "Base People". The Cambodian population had been classified by Angkar into three categories: the "fully-fledged members", the "candidates" and the "dispossessed", which included the New people deported from the cities. 114 One mentioned this discriminatory treatment and said that New people were identified as being imperialists and capitalists, in other words people who had profited from the rewards of peasant labor. 115 The CPK leadership wanted "the poor peasants and the lower middle peasants to control the cooperatives, to attack and smash the state power of other classes who stole from our cooperatives and give it back to the poor peasants and the lower middle peasants down below" and to "prepare forces to attack and smash the

enemy and the no good elements embedded inside" the cooperatives. 116 75. The third component of this policy concerned social control and reforming mentalities. It was organized by the CPK leaders and implemented by local cadres 117 who inculcated the Party policy to the new arrivals at the cooperatives during the meetings saying, "We are the masters in our home, and so are you. In Democratic Kampuchea we do not need external aid. Now it is Angkar who meets your needs.,,118 A civil party remembers that during the meetings it was explained that "everything that they asked us to do was in the name of Angkar. 'Today, Comrade you're going to work a little bit harder because Angkar says you must,.,,119 76. Therefore, the cooperatives were an instrument to exercise a firm social control and reform the mentalities of the capitalists, the bourgeoisie and the feudal classes, to dismantle traditional family ties 120 and safeguard the nation's security. The civil

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parties report permanent control, wherever they were and whatever they were doing, in what was tantamount to an open-air prison, in which each individual was observed. 121 The Angkar even used children to spy on and control their own parents. 122 77. The CPK imposed self-criticism sessions and biographies writing also enable this

control over the people. 123 This form of social control enabled the leadership to reach different classes of the population, to create divisions within families and re-educate the "New people". 124 Indeed, that is what the CPK leadership itself declared: "After liberation we evacuated the people from Phnom Penh and from all provincial towns. [ ... ] Had there been no peasant cooperatives in the rural areas, none of this would have been possible.,,125 7S. To strengthen their control over the "New people", the Khmer Rouge leaders decided to destroy traditional family bonds. At their arrival in the cooperatives, the families were separated and allocated to different work units under the authority of a cadre, depending on their sex, age; the workforce was divided into Senior Age, Middle Age and Youth. 126 Young people were sent to mobiles brigades,127 and family members were split up. 128 Very young children were also obliged to work. They were separated from their parents129 and placed in children's camps or units to work, a civil party recalls "As soon we arrived there, the Khmer Rouge group segregated us: the elderly in one group, children in another group.,, 13°Another civil party remembers, "I was separated from my mother and sent to join a children unit [ ... ] and assigned to cut down two bundles."l3l 79. The CPK designed and monitored the implementation of the policy zone committees

where set up right up to the Central Committee level. 132 SO. The cooperatives made it also possible to identify bad elements. As the revolution could only be achieved by fighting enemies and "bad elements".133Enemies were spread throughout the cooperatives for easier identification and better control. 134 It was necessary to "concentrate sweeping the enemy clean and fundamentally eliminating the enemy [ ... ], especially in the cooperatives.,,135 Sl. By installing the practice of writing biographies as a mean of control, the Party was able to identify all "class enemies" very rapidly136 within the cooperatives. In their statements Civil Parties report having been subject to constant surveillance and a

continual threat of arrest. 137 In the cooperatives, tracking down enemies was an on­ gomg process. Enemies were usually arrested on the pretext of needing to be re­ educated.

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82. The CPK leaders used the deprivation of food as a means of repression or as a way of putting pressure on people. Rationing for the New people was especially harsh and they suffered even more from food deprivation. A Civil Party stated that in 1975, there were the only category suffering from this. 138 83. There was also a chronic lack of medical care. The civil parties stated that medical care was impossible to obtain and that sick people were not allowed to rest or regain their strength and were often deprived of food as punishment for being sick. 139 84. Furthermore the working conditions were exacerbated by a very heavy schedule. Civil parties stated that they were obliged to work between 15-19 hours per day. 140 Several civil parties also stated they were obliged to work immediately after childbirth. 141 85. As the Civil Parties recall the working conditions were planned and controlled by the Angkar.142 They stated that it was impossible to complain, for they would have been accused of betraying the Angkar. 143

b. Scope 86. After 17 April 1975, cooperatives and worksites were established practically all over Cambodia and all the Cambodian was put to work for the revolution. The OCIJ was seized with 6 worksites, however civil party evidence clearly demonstrates that worksites where established all over the country. 87. The forced transfer to population shifted manpower to the provinces where the most fertile land was and where workforce was required to built the irrigation system. 144

c. Impact 88. The leaders used all necessary means to implement the cooperative and worksites policy, whose ultimate objective was to achieve and defend the socialist revolution. The Civil parties mentioned the CPK's excessive and radical pOlicyl45, extremely l46 147 harsh working conditions , the absence of food and rest , exhaustion and the lack of medical care 148. They specified that this policy was implemented night and day and took no account of a person's health, age, 149 or gender. 150 A civil party remembers, "We were reduced not to human beings but monkeys". 151 89. Almost every Civil Parties recall family members who died from shortage of food and/or care, exhaustion 152 or were executed for being traitors to Angkar. 153

3. Policy as State Practice

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90. The cooperative and worksite policy was designed by the Angkar. 154 Nuon Chea and Khieu Samphan were not only informed about this policy but designed and overviewed this policy. It is indeed established that they regularly visited the cooperatives and working sites. 9l. Khieu Samphan travelled many times with Prince Norodom Sihanouk through the provinces. 155 As witnesses testified, he especially visited a cooperative in 1976 156 and participated to an event at Koh Thorn Cooperative. 157 Khieu Samphan himself has declared that he saw with his "own eyes" the Trapeang Thmar Water Reservoir. 158 92. A witness who travelled with Nuon Chea when he visited the provinces and rural areas, stated that he inspected the rice fields and "met with many cooperative heads. Wherever he visited, he would meet with the head of cooperatives.,,159 The same witness also accompanied Nuon Chea to the 1 January Dam where he "saw many people building dams and many of them carry earth,,160 and states that whenever Nuon Chea observed difficulties raised by a construction project, he held a meeting with the people in charge. 161 Indeed, "[Nuon Chea] went to see visit many other construction sites". 162 93. Also, the CPK leadership hailed the vital role of the cooperatives, without which victory would not have been possible: "Thanks to cooperatives the enemies have been reduced to the level of bandits [ ... ]. That is possible because in all areas there are cooperatives." 163

D. RE-EDUCATION OF "BAD ELEMENTS" AND KILLING OF "ENEMIES" 1. Objectives 94. The third policy designed by the CPK established security centers and execution sites all over the country. First and foremost, the objective of this policy was to ensure that the principles of the Revolution were strictly respected, to prevent any opposition by either re-educating bad-elements or by killing them. The second objective of the policy was to protect the state form internal subversion and external threat. Indeed, in order to reach the ambitious economic objectives set by the CPK, preventing and repressing any kind of opposition was seen as a prerequisite. As the evidence demonstrates defence and economic policies were often presented as interlinked. 164 Slogans such as "one hand for production, the other for striking the enemy," "one hand grasps a hoe, the other; a rifle" well illustrate this association. 165

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95. The CPK focused on the re-education of bad-elements and killing of enemies in order to maintain a "constant revolutionary stance.,,166 "It is imperative to indoctrinate and whip-up the masses into a force to seek out the enemy, assess the enemy, analyze the enemy, track the enemy, pressure the enemy; capture the enemy, to smash the enemy." 167 96. The CPK destroyed all the legal and judicial structures 168 as soon as the Lon Nol Regime was overturned and replace them with a network of security centres and execution sites throughout Cambodia. The directives given by the Party regarding the treatment to be applied to identify enemies were explicit from the beginning of the Regime "the Party must use revolutionary violence ( ... ) to oppose the reactionaries and the oppressor classes."169 The Standing Committee was also clear on the necessity of "defending the territory absolutely at all costs; defending the fruits of the revolution absolutely and at all costS.,,170 Khieu Samphan confirms that "the Cambodian people had to smash the 'feudalist regime' whether by peaceful methods or by other methods". 171

2. Description a. Characteristic Elements 97. As they designed the policy, the CPK leaders prioritized the stages to be followed: First, identify the bad-elements and enemies and second, apply specific treatment accordingly to the classification. This procedure was nationwide and systematically enforced among the entire population. Even though the terminology of bad-elements and enemies evolved throughout the Democratic Kampuchea, the means used to identified them remained broadly identical. 98. As a civil party testified, "the party had the view that anyone who obstructs the Party's affairs or opposed the Party, ( ... ) would be regarded as the enemy or the traitor of the Party".I72 The core elements of the policy were to re-educate bad-elements and 'smash' enemies, from inside and outside, meaning within and outside the ranks of the party173. Initially, as stated in Article 10 of the Constitution/74 re-education required the detention of bad-elements in security centers, while 'smashing' was known to mean the detention, interrogation, torture, and execution of enemies. 175 This categorization was mostly based on the gravity of the alleged wrongdoing and detainees were sometimes labeled as "light prisoners" or "serious prisoners.,,176 99. This terminology was well understood nationwide by the entire population and commonly used by the Khmer Rouge cadres, regardless of their rank. l77 The

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widespread use of similar terminology confirms the existence of a policy designed and streamlined by the CPK leaders, as opposed to isolated conducts by individuals. 100. However, the notions of bad-elements and enemies evolved throughout the regime became blurred. 178 The terminology was extended to all the relatives who were often subsequently punished due to their relationship with a suspected enemy. 179 101. Social origins and professional backgrounds were commonly used as criteria to identify the suspected enemies. 180 Therefore, individuals suspected of being educated were automatically targeted. 181 Intellectuals living abroad were called back by the Khmer Rouge for re-education through forced labour or to interrogate torture and execute them. 182 102. New people were automatically labeled as enemiesl83 "the 17 April people were considered as enemies of the Khmer Rouge and the Base people were the people of the revolution".184 Lon Nol soldiers were also categorized as enemies since the beginning of the Kampuchea Democratic. 185 As religions were considered reactionary Buddhist monks and nuns and members of the Muslim Cham community were suspicious and targeted. 186 103. With the evolution of the conflict with Vietnam, the emphasis in the search for enemies focused on the Vietnamese (the "Yuon,,187) and persons suspected of having Vietnamese origins or links. The terminology of bad-elements and enemies was also largely applied to any person suspected of questioning the Party.188 A considerable number of Civil Parties and their relatives whose only offense was stealing or eating unauthorized food while starving were categorised as bad-elements or enemies and subjected to violent arrest, harsh detention conditions and, at times, execution. 189 A civil party recalls: "I saw ( ... ) a woman who had just delivered a baby 10 days ago. Because she had stolen gruel to eat, he beated her with a stick until she lost conscious. Both the woman and her baby were killed". 190 104. Early on, the CPK designed an ambitious economic policy based on unrealistic quotas of production. As a result, the Khmer Rouge were very demanding with the workers and any person who fail to reach those objectives or whose effectiveness did not match the expectations were accused of being lazy or against the Revolution. 191 The same fate befell to anyone who did not properly attend the study sessions or were reluctant to be educated by Angkar. 192 105. Breach of the CPK moral code was another ground for SuspICIOn. Clear indications were given to the militaryl93 and to the population as to the proper moral

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code of conduct to be followed. For instance, the CPK Moral Codes194 stated that any kind of close or intimate relationship between unmarried men and women was immoral and as such, also resulted in enemy classification and often execution 195"1 saw another man who had an affair with a woman, who had to be arrested and executed right in front of the meeting.,,196 106. In line with the directive to maintain a "constant revolutionary stance"./97 the CPK became more and more concerned about the need to "constantly raise high [the] spirit of vigilance toward the enemies inside the Party, inside the Army; and among the people". 198 They indeed feared the threat from inside the Party by the infiltration of allegedly enemies spying for the CIA, KGB or Vietnamese. 199 The suspicion of internal enemies increased throughout the regime as a Civil Party describes "Pol Pot did not trust those who worked in the Khmer Rouge regime, especially, untruthful cadres or other chiefs of offices".200 The use of the term "purge" was commonly used by the CPK representatives in their public speeches and was clearly meant to purify the party from that category of enemies. 201 107. The turning point of this policy was the decision of March 30, 1976, to conduct "smashing" inside the revolutionary ranks. 108. Civil parties' evidence demonstrates that the same methods for the identification of enemies were used nationwide in a widespread and systematic manner. First of all, people were regularly asked where they were from and what their occupations before April 1975 were. 202 Then, they had to register, so that they could be easily identified. 203 They were also often required to write down their biographies as soon as they arrived in the cooperatives204 or in the security centres. 205 Once suspected, the alleged enemies where subjected to the widespread methods used during the Democratic Kampuchea: interrogation under threat or/and torture, and self­ criticism meetings. 109. Constant inquiries of the Khmer Rouge sought to investigate people's origins206 and when suspected, they were instructed to directly interrogate the person.207 Civil parties provide detailed description of the torture techniques they were subjected to or witnessed as applied to others in order to force them to confess their origins or denounce others. Their accounts indicate that torture sessions were organized on a regular, often daily, basis.208 Civil Parties provide first-hand accounts of how they were amputated, beaten with various objects, electrocuted until unconscious and nearly suffocated by having plastic placed over their head and water

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poured on top.209 Civil Parties also indicate instances whereby the Khmer Rouge forced them under the threat to beating, torturing or execute others in detention: "I did not dare to refuse his order, so 1 cut open their stomachs and buried their bodies in that pit.,,210 They were also sometimes forced to witness torture sessions and executions. 211 110. If the study meetings organized by Angkar aimed at reeducating people,212self- criticism meetings were designed to identify enemies by asking attendees to reveal their wrongdoing in pUblic. 213 A civil party recalls "they were brainwashing sessions [ ... ] every evening, we began by reciting the commandments [ ... ] that we had to obey Angkar [ ... ] to perform hard work and if [ ... ] we had committed any sort of offence, [ ... ]we had to criticize ourselves before anyone else."214 Those meetings were particularly focused on targeted people such as the New people.215 As for interrogations, they also aimed at obtaining denunciations.216 Ill. Slogans of the Party indicate that the treatment of bad-elements and enemies was both applied to the suspects and their relatives217"When pulling out weeds, remove the roots and all", 218"To dig up grass, one must dig up the roots".219 The fIrst step towards reeducation or smashing was commonly the arrest of suspected individuals, often during nighttime,220 in the presence of family members. When they were then sent to security centers, sometimes having been falsely told that they would be sent to study,221 to assist to a meeting,222 or going to serve in the new regime after being re-educated which made some willingly stepped forward to volunteer. 223 Detention was designed as a way to reeducate bad-elements or interrogate enemies before smashing them. However, as detailed previously, the notions of bad-elements and enemies broader throughout the Democratic Kampuchea, thus enforcing the famous slogan: "Keeping you is no gain, losing you is no loss".224 People fIrst considered as bad-elements could eventually end up being killed as enemies.225 Anyone who fell in any of these categories was considered "to be dead already and to be executed. ,,226 112. The CPK propaganda contributed to spread the idea that measures against the enemies, had to be toughened gradually throughout the Regime227 "we must sharpen our stance and attack and eliminate enemies even more acutely, and continue further to

take successive resolute measures against both our internal and external enemies. ,,218 1l3. The conditions of detention in security centres were dire and similar across the different provinces. Civil Parties witnessed how Buddhist temples and pagodas as well as schools were frequently used as detention facilities. 229 Women and men were

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detained separately.230 Civil Parties describe starvation, the lack of medication and that detainees were forced to undertake hard physical labour under close surveillance. 231 The sanitary conditions were abysmal and detainees many times were forced to sleep shackled together in overcrowded cells.232 114. Civil Parties provide evidence of the extensive presence of children in places of detention, as a result of their alleged misconduct233 or of accusations against their parents.234 Either way, they were subjected to the same harsh conditions and physical punishments as adults. 235 115. Civil Parties evidence demonstrates how groups of detainees disappeared after being transported to executions sites where their bodies were dumped in mass graves. 236 Some transports took place during the night. 237 In some instances detainees were marched while their hands were tied behind their backs,238 while others were transported by trucks. 239 Some of them, who were themselves detained, were forced to assist during the executions and therefore provide eye-witness accounts up close240 "I was called to bury the pits. So, 1 could see all of those bodies whose hands were tied to the back".241 Several Civil Parties witnessed how prisoners, who had sought to escape or were deemed to have misbehaved, were forced to dig their own graves before being executed and pushed into the pit. 242 Civil Parties provide several accounts of cannibalism whereby the liver and gallbladder were removed,243 before or after the victims were executed, and subsequently eaten as trophies by the Khmer Rouge. 244 116. Applying the widespread slogan "when pulling out weeds, remove the roots and all", Civil Parties describe how children, including young children and even babies, were executed245 and, sometimes in large groups, sent for mass executions.246 A civil party remembers "I saw a crying baby ( ... ) crawling over the dead body of his mum ( ... ). But all of a sudden when the soldier carried this baby, they just tore the baby apart. ,,247 117. Evidence from Civil Parties also indicates that the Khmer Rouge deliberately killed children in order to prevent subsequent calls for accountability from them 'The Khmer Rouge local cadres did not want anyone to know who they were once the Khmer Rouge regime fell. ,,248

b. Scope

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llS. As demonstrated above, Civil parties' evidence establishes that a planned approach was followed nationwide regarding the definition, the means of identification and the treatment of the enemies from April 17, 1975 to January 9, 1979. 119. Even from the early 1970's, the Khmer Rouge had started to design and implement a policy focused on the prevention and elimination of any opposition or conduct against their ideology by establishing security centres in the liberated zones.249 120. They also indicate the existence of security centres and execution sites across the country, well beyond the eleven security centres250 and three execution sites251 which the Co-Investigating Judges were seized of in the Closing Order. 252

c. Impact 121. Civil Parties describe in details the long-term harm they suffered as a direct consequence of the Khmer Rouge policy on re-education of bad-elements and killings of enemies. The policy of the CPK was imposed to the entire Cambodian population "by whatever means necessary" and "at all costs,' ,253 regardless of the human to1l254 exacted by the policies and the long-term traumas, both physical and mental, that will remain for the vulnerable victims who survived. 255 A civil party recalls: "I felt that we were just waiting our time to die because every day I would see people dying". 256 122. The detention conditions in security centers and the torture inflicted upon the Civil Parties have caused long-lasting damages to them257"I was tortured, because I was young, I could not work properly ( ... ) I was accused of being the imperialist. And I was severely injured ( ... ) the impact was huge ( ... ) I still live with the scar and these difficulties. ,,258 Many of them mention nightmares and everlasting traumas after witnessing torture sessions and executions, including those of their own relatives: "I witnessed the killing with my own eyes ( ... ). I feel that my life is very miserable.,,259 That policy has deeply impacted Civil Parties who feel they have been "totally dehumanized,,26°and treated "worse than animals.,,261 123. The feelings that remain for many Civil Parties are a profound loneliness and despair due to the CPK policy of destruction of family bonds262 "I was despaired. I find that I was useless; I had no family members; my parents were all gone. ( ... ); my life is completely meaningless. ,,263

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124. Civil Parties who were children at that time and became orphans often deplore not to have been able to be raised by their parents264 or have a proper education "The painful tragedy inflicted upon me as a child, separating me from my parents, deprived me of my education. ,,265 125. The uncertainty regarding the whereabouts of the remains of family members who were disappeared and executed continues to weight heavy on Civil Parties266 : "I am still trying to find the location where my relatives were executed.,,267

3. Policy as State Practice 126. According to the international jurisprudence,268 the widespread and systematic practices described above, indisputably reveal the existence of policy on the national level. 127. That policy was indeed very clearly defined by the CPK. A variety of sources, especially the minutes from CPK meetings, highlights that directives on the policy and instructions on its implementation were directly given by the CPK authorities, at all levels including Pol Pot,269 representatives of the CPK,270 870 Committee,271 Central Committee,272 Standing Committee,273 Minister of Commerce,274 and Minister of Foreign Affairs. 275 128. Other evidence demonstrates that every authority level had to report about the implementation of the policy in their own jurisdiction to the upper echelon including zones,276 divisions277 and sectors.278 129. Civil Parties corroborate that instructions were given by the Party 279 and that orders to smash or re-educate stemmed from Angkar.280 The lower levels, sectors, districts and cooperatives had to circulate them. 281 l30. These sources, coupled with the fact that the security policy was regularly made public trough the Revolutionary flag,282 corroborate that the policy related to re­ education and killing of enemies was designed by the CPK leaders and therefore amounted to an absolute state practice. l3l. Specifically, among the high CPK leaders, Khieu Samphan and Nuon Chea were personally and deeply involved in designing and spreading the policy. l32. As the Chairman of Presidium, Khieu Samphan was the strongest and most persuasive voice to call for the struggle against enemies. A large amount of minutes meetings and speeches published in the Revolutionary Flag demonstrate that he gave

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public guidelines on the process to be followed at all levels. 283 As a member of the Central Committee from March 1976, he was participating to the most decisive meetings284 during which those guidelines, particularly the meeting establishing the policy on "smashing the enemies", was officially planned. 285 l33. As the Chairman of the Democratic Kampuchea National Assembly and Deputy Secretary of the Party, Nuon Chea had the decision-making power as regards the policy, which is also confirmed by various minutes' meetings dealing with the question of the re-education of bad-elements and killing of enemies. 286 He was especially responsible for the elimination of the internal enemies. It is indeed established that he gave clear directives as regards the purges287 and that he became the highest authority ofS_2l.288

E. TREATMENT OF TARGETED GROUPS: FORMER OFFICIALS OF THE KHMER REpUBLIC 1. Objectives l34. The plan to target Khmer Republic officers, soldiers, civil servants, intellectuals and family members fit squarely within the CPK's express objective of establishing a homogenous society by eliminating all cultural, religious, national, racial, and class differences. The CPK considered some groups to form "special classes" which were to be abolished; among these were "the military, police and monks.,,289 According to the revolutionary plans of the CPK, all other classes were to be melded, whether by assimilation or elimination, into one of two classes: the worker or the peasant.290 l35. A second objective was to "sweep clean" or eliminate enemies and completely destroy specific groups of people. The testimony of Civil Parties confirms that affiliates of the Khmer Republic were regarded as enemies by Khmer Rouge soldiers and were arrested. 291 As stated by Civil Parties, "the Khmer Rouge soldiers arrested and tied up lines of Khmer Rouge soldiers who were threatened to be shot dead" 292 and "[s]o, from that point-from that point of view, we could see that they were really enemies, the Khmer Rouge soldiers and LON Nol soldiers. If they noticed the ankles had the mark of [sic] wearing boots, then they would be---conclude that they were the soldiers and they would be arrested. ,,293 l36. The third objective of this policy was to purge Cambodia of Khmer Republic officials as one of several means to ensure that the CPK would not face a counter­ revolutionary resistance to their envisaged remaking of Cambodian society.294 In

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accordance with decisions reached in February 1975, the CPK publicly announced the plan to kill high-ranking officials of the Khmer Republic after the victory, and such killings continued after the confidential approval of the killing of the high ranking official of Khmer Republic. 295 As described by in the oral testimony of a former CPK soldier: "people were evacuated out of [Phnom PhenJ because it was easier for them to cleanse the enemies. [ ...J The enemies were the LON Nol soldiers. They were influenced by the LON Nol. So people from that regime were to

be cleaned. ,,296

2. Description a. Characteristic Elements l37. Senior military and political leaders within the CPK directed their subordinates to initiate the systematic policy of targeting of Khmer Republic affiliates immediately after they had seized control of Phnom Penh on 17 April 1975 and during the forced evacuation of Phnom Penh's population. 297 This incident was emblematic of the coordinated and widespread CPK policy that occurred throughout Cambodia over the course of the regime. The existence of the policy is confirmed by various accounts from Civil Parties and former CPK cadre and soldiers, as described below. l38. From its inception, the CPK policy to target anyone affiliated with the Khmer Republic regime embraced a variety of coercive and deceptive tactics that were uniformly employed across Cambodia.298 Victims were forced to contribute their own biographies, and certain individuals identified or suspected as affiliates of the Khmer Republic were removed and sent to hard labor camps or prisons. As discussed below, prisons often, in effect, became execution sites where these affiliates, whether suspected or real, were tortured and executed. l39. While in a detention center at the Me Tuek commune, a civil party confirmed witnessing CPK solder's harshly interrogating and torturing individuals suspected of being affiliated with the Lon Nol regime. 299 One expert witness testified to the fact that, "particularly in the provincial prisons, there's evidence if New people were discovered to have been in the Lon Nol army, this was enough information to pull them out of the work force, put them into prison, and generally, in many cases to

have them executed. ,,300 140. A CPK detention officer at Kampong Kdei Market also recounted that former Khmer Republic regime officials and soldiers who were identified and transferred to

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Kampong Kdei, were isolated from the other prison population which consisted of civilians who committed an offense against the CPK. However, people affiliated with the Khmer Republic, who were not even suspected of committing a violation, "were just summarily questioned, interrogated, and sent out to be executed.,,301A CPK soldier succinctly summarizes the purpose of identifying Khmer Republic regime members so that they could be sent to detention centers and executed: "to put it simply, everyone was killed. None was spared. Everyone who was brought in was sent out to be executed, all together. ,,302 141. Based on the orders from high ranking CPK officials, lower level troops implemented the policy of identifying and executing LON Nol members through a variety of means and with astonishing uniformity throughout the country. Former CPK soldiers testified that they received orders to find individuals affiliated with the Khmer Republic regime by luring them into identifying themselves and securing their transfer to execution sites where they were killed en mass. 303 Stated succinctly by a former CPK member, "[i]f we found LON Nol soldiers, we would kill them right away." 304 In some cases, such as at Tuol Po Chrey execution site, this policy appears to have been so effective as to make locating survivors nearly impossible.305 142. Orders concerning the killing of former officials of the Khmer Republic and others considered enemies306 were carried out by military cadres under Zone secretaries who received the orders from the Standing Committee.307 Zone military unit members entering Phnom Penh as well as members of Zone units and other subordinate units arriving in various cities such as Pursat in the Northwest Zone carried out killings straightaway. 308 143. Though broader in its aim, the policy on the re-education of "bad elements" and the killing of "enemies" is closely linked the practice of "sweeping away" affiliates of the Khmer Republic. The CPK held these affiliates to have imperialist tendencies309 which marked them as "bad elements," and thus, "enemies" of the revolution and the state.310 As such, they were subject to targeting and the treatment reserved for such elements, including: tempering, re-education, imprisonment, and smashing (killing).311 144. The Tuol Po Chrey execution site counts among the approximately 200 security offices and countless execution sites which had been established across all Zones of Democratic Kampuchea and every echelon of the administrative structure of the

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CPK, both national and center, in order to effectuate the CPK's policy targeting

former officials of the Khmer Republic and enemies. 312

b. Scope 145. The co-accused orchestrated a systematic policy to achieve and preserve the socialist revolution of Communist Party of Kampuchea ("CPK"i13 by targeting and eliminating affiliates of the Khmer Republic (also known as LON Nol), whether real or perceived, and through any and all means necessary. The plan to target Khmer Republic officials-including military personnel, civil servants and their family members---crystallized in 1975 with mass killings at the start of Democratic Kampuchea314 and was in effect until at least 6 January 1979. 315 146. The fact that the CPK policy was coordinated among all CPK troops is further verified by the sophisticated means that CPK employed when attempting to identify affiliates of the Khmer Republic. 316 The implementation of this widespread policy is evidenced by the CPK's calculated effort to manipulate the civilian population into voluntarily identifying people affiliated with the Khmer Republic regime. During the trial, former CPK soldiers testified that they were ordered to deceive Khmer Republic affiliates into identifying themselves by promising that all former Khmer Republic officials should report to CPK soldiers so that they could be reintegrated

into the new social order. 317

c. Impact

147. The CPK's application of the policy to target former officials of the Khmer Republic by whatever means necessary had dire consequences on its victims. Many of the victims of the CPK are officers, soldiers, intellectuals and family members who were silenced by their execution, a punishment exacted upon them as a consequence of their real or suspected affiliation with the Khmer Republic regime. 318 The impact of the CPK policy to target and eliminate affiliates of the Khmer Republic was and continues to be acutely experienced by family members who were often themselves imprisoned, interrogated and! or tortured. 319 148. The mental, physical and economic suffering was immediate and often continues to this day for victims of this policy. Several Civil Parties feared for their lives during the forced evacuation of Phnom Penh when they realized that the CPK had instituted

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a policy of targeting and eliminating all people affiliated with the Khmer Republic regime. 320 149. Concerning the Tuol Po Chrey execution site, twenty victims have been recognized as Civil Parties. 321 All the Civil Parties lost family members, including fathers, brothers and husbands who were former Lon Nol soldiers transported to be killed in Tuol Po Chrey.322 Civil Parties, moreover, describe a broad range of suffering and loss as a result of the CPK's policy to target former officials of the Khmer Republic-all having sustained direct injuries and impacts of the crimes that occurred there. 323

3. Policy as State Practice 150. Documentary evidence submitted to the court demonstrates that meetings were held between upper-echelon CPK officials during which plans were developed to purge Cambodia of all designated enemies-with former Lon Nol members as priority targets. Among those that attended the strategic meetings was Nuon Chea. 324

F. TREATMENT OF TARGETED GROUPS: KHMER KROM 1. Objectives 151. The CPK targeted the Kampuchea Krom Khmers for forced movement, persecution and elimination "to implement and defend the CPK socialist revolution".325 Civil party testimony and evidence confirms that during the DK regime, the Khmer Krom were perceived as the "hereditary enemy,,326 and were therefore "destined for smashing,,327. The Khmer Krom and other 'enemy groups' were "remnant crud" - "dirty remnants of the old society that had to be, in some sense, by some method, scrubbed away".328 The Khmer Krom were viewed as 'enemies' for two reasons. First, the CPK considered them to be Khmer Republic soldiers, affiliates or sympathizers.329 The CPK summoned and executed former Khmer Republic soldiers and high-ranking officials, 330 including, as civil party testimony demonstrates, prominent Khmer Krom331 whom the CPK leaders knew prior to April 1975. 332 152. Their real or perceived association with the Khmer Republic led to many Khmer Krom being "indiscriminately killed" by DK forces. 333 One Khmer Krom civil party testified that, "during the Khmer Republic, there were soldiers supported by the Krom people, and my uncles from Kampuchea Krom (too)[ ... ]were soldiers (of the Republic).,,334 After the DK regime, he "looked for the(se) relatives, but could not

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find anyone. They were all killed".335 An expert witness has testified that the "separate or special class types" who were designated by the CPK to be "abolished" included "Republican soldiers and police, Buddhist monks and 'chun-cheat' (i.e. national minorities)",336 such as the Khmer Krom. This was done to "dry up the people from the enemy". 337 As another civil party testified, "I had to hide my identity as a Khmer Krom. [ ... ] 1 would be killed [if DK forces knew] and concealing my identity would spare me." 338 153. Second, the CPK believed that the Khmer Krom, who originated from Vietnam's Mekong Delta region, were part of the Vietnamese national/ethnical/political groUp.339 The CPK imputed this association to the Khmer Krom, labelling them spies or "Khmer bodies with Vietnamese minds".340 This meant that once persons were identified as Khmer Krom, they were "considered Vietnamese and they would be destined for smashing. [DK forces] said that the Kampuchea Krom People were the agent of the Vietnamese, they were the agent of the CIA". 341 Khmer Krom were "rounded up in different locations [ ... ] and were killed as [ ... ] being Vietnamese. But in reality, they were not because they had resided in Cambodia for a long time.,,342 154. As detailed in the crimes section of the instant brief, the evidence demonstrates that, in the course of phase 1 and phase 2 forced transfers, the Khmer Krom were targeted on the basis of their identity and the link that the CPK believed this established with enemy classes such as the Vietnamese and former affiliates of the Khmer Republic. 343 Khmer Krom were screened and grouped separately from others as a consequence of their accent, names, and personal biographies as well as being singled-out for execution.344

2. Description a. Characteristic Elements 155. Once Khmer Krom transferees arrived from Phnom Penh and elsewhere as part of these forced transfers, they were screened and segregated from the central Khmers based on their distinct dialect, cultural practices and even family names. 345 They were an identifiable group as they "had strong accent of Kampuchea Krom".346 A civil party victim of forced transfer has testified that when he was forcibly evacuated from Phnom Penh in 1975, he was screened and his biography was taken. 347 "When they [DK forces] took the biography of the people, they actually could recognize the actions of people from Kampuchea Krom. So, upon knowing that they were from

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Kampuchea Krom, then they [DK forces] would classify them or group them in one particular group". 348 156. Those identified as Khmer Krom were rounded up and sent to detention centres and worksites349 where they were interrogated and tortured,350 raped,351 and killed en masse.352 One civil party describes a false attempt by DK forces to "re-educate" the Khmer Krom as follows: "About 100 Kampuchea Krom were brought to one pit surrounded by the bamboo fence. There, the Khmer Rouge explained to those people through the loudspeaker that, 'You all must refashion yourselves to be good citizens because you have changed to a new location'. Those people were happy and applauded, but immediately after they were shot dead".353 Spouses and children of mixed central Khmer-Khmer Krom families had to choose between death alongside the Khmer Krom parent or forced separation from him/her. 354 157. Evidence corroborates that "New people were targeted as well as people related to the Lon Nol regime, Chinese and Khmer Krom minorities and the Cham, particularly after the rebellions of late 1975". 355 As the CPK intensified its attacks against Vietnam from 1976, it targeted the Khmer Krom as part of its policy to eliminate groups associated with or from Vietnam.356 In 1977, in in Takeo province, one Khmer Krom civil party witnessed a well-documented event357 - three truckloads of the Khmer Krom White Scarves being killed. 358

b. Scope 158. The characteristic elements of the policy of targeting Khmer Krom civilians were applied between 17 April 1975 and 6 January 1979 in all zones through widespread and systematic crimes. 359. Evidence from Khmer Krom Civil Parties detailed herein provides evidence that these acts were perpetrated by the CPK against them on political grounds as part of its wider attack on Cambodian citizens.

c. Impact

159. Khmer Krom civil parties have described entire families being singled out for forced displacement and extermination, and their community being destroyed: "[In 1979] my brother and I reached our hometown [in , ]. We searched for our parents and relatives but they were nowhere to be found. They were all killed by Pol Pot soldiers. I asked [people] who lived nearby and they told me that all Kampuchean Kroms were taken and killed by the soldiers. No one was

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spared".360 This systematic destruction of the Khmer Krom has had a lasting detrimental impact on that community, eroding their way of life. They also face contemporary discrimination in Cambodia and Vietnam. Khmer Krom civil parties view these trials as their ultimate recourse. One Khmer Krom civil party has said the following as part of his statement of suffering: "We are trying to find justice and I hope that if the justice is done, then my suffering will subside - those people should be punished.,,361

3. Policy as State Practice 160. Based on the pattern of conduct evinced above by Khmer Krom civil party evidence, it is clear that CPK leaders designed and implemented the policy of targeting the Khmer Krom as a widespread and systematic state practice. On 1 April 1977, the CPK sent out a specific order, "Directive from 870", which "instructed local officials to arrest all ethnic Vietnamese, and all Khmers who spoke Vietnamese or had Vietnamese friends. 362 It was in his capacity as "chairman of Office 870 that the accused Khieu Samphan was present as a note taker at a secret meeting in the first half of 1978, at which Pol Pot, Nuon Chea and ordered the purge and execution of East Secretary So Phim, and most of the leading CPK military and political cadre in the East Zone.,,363

G. TREATMENT OF TARGETED GROUPS: VIETNAMESE 1. Objectives 16l. The objective of the policy to target and kill ethnic Vietnamese people was to eliminate enemies of the CPK, establish a homogenous society in Cambodia by abolishing ethnic and national differences, and implement and defend the CPK socialist revolution from perceived enemies by whatever means necessary. The policy of targeting the ethnic Vietnamese364 arose from the CPK fear of Vietnamese expansion into Cambodia,365 and the regime's racist attitude towards the Vietnamese group as a whole. 366

2. Description a. Characteristic Elements 162. The policy was characterized by the forcible transfer of Vietnamese people within the borders of Cambodia, the deportation of Vietnamese people from Cambodia to

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Vietnam, and the destruction of Vietnamese people as a group through killing, based on a theory of matrilineal descent. 163. The policy on the targeting of ethnic Vietnamese began with forcible transfers of Vietnamese in areas where they resided such as communes within Kampong Leaeng District, , during the same period of time as Phase I of the population movement in April 1975. 367 This policy later evolved to the elimination and murder of Vietnamese people. The mass scale, widespread and systematic elimination of ethnic Vietnamese people reflects the policy of creating a homogenous society, eliminating enemies and destroying certain groupS.368 Civil parties provide evidence that this policy was observed and overseen in the Kampong Leang district by the upper level of the Khmer Rouge leadership.369 164. Ethnic Vietnamese civil parties provided witness statements describing the forceful deportation of ethnic Vietnamese from Kg Chhnang province. 37o These statements describe the initial distinction made between Khmer and ethnic Vietnamese people371 where "Khmer and Vietnamese people were separated into two different groups [ ... ] Vietnamese were selected by facial characteristics and secondly if they spoke Vietnamese. ,,372 Ethnicity checks were additionally imposed at the Cambodian border to Vietnam, as ethnic Vietnamese were allowed to cross the border into Vietnam while ethnic Khmer were forced to remain in Cambodia. 373 A civil party statement describes population transfers where "[C]hildren from mixed families who spoke Khmer fluently remained in Cambodia; all others were sent to Vietnam in a Khmer Rouge boat.,,374 165. A civil party describes the attempts by some Khmer spouses to disguise themselves as ethnic Vietnamese in order to reamin with their Vietnamese family members. 375 Another Civil Party heard the Khmer Rouge tell people in the district not to tell the Vietnamese government or soldiers about the killings in Cambodia and the ill treatment of ethnic Vietnamese people in Cambodia.376 A witness provided oral testimony that he observed "[M]any boats waiting to transport those Vietnamese, those women and children down the stream all the way to TonIe Sap.,,377 This occurred on 19 April 1975 after an order from the Khmer Rouge that "[A]ll the Vietnamese be transferred back to Vietnam. ,,378 166. Orders regarding the forced transfers were issued from the Khmer Rouge leadership.379 Civil Party evidence shows a widespread pattern of various forms of

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enslavement of the Vietnamese, including exchanging ethnic Vietnamese people for salt and rice. 380 167. Vietnamese women were specifically singled out for rape, as evidenced by a Civil Party that "Vietnamese virgins were taken by the Khmer Rouge. In my village only Vietnamese virgins were taken. This was a punishment of Vietnamese families.,,381 168. An expert testified that the focus of the CPK shifted from previous purges to focusing on the elimination of ethnic Vietnamese. 382 The last phase of the purges were "[T]he craziest moments of the regime as it was coming apart at the centre and in all - at the fringes also - was this very strong racist component. ,,383 In publications, the Khmer Rouge party centre encouraged Cambodian citizens to pursue and win a race war against the Vietnamese. 384 A Civil Party corroborates the expert testimony regarding the evolving policy on the treatment of the Vietnamese: "In 1978, there were six or seven other families were all taken to be killed. The Khmer Rouge asked various families whether there were any Vietnamese people in their families. Then they would kill all the Vietnamese people.,,385 169. Another civil party describes a situation where, "Generally, the Vietnamese were singled out for killing and were killed in higher numbers than other ethnicities or groups. ,,386 Ethnic Vietnamese people who had been born in Cambodia and whose families had resided in Cambodia for generations were singled out for targeted killings.387 Some of the killings of Vietnamese were brutal and caused fear and terror in those who were alive to witness the killings, as they included the Khmer Rouge forcing victims to dig their own graves beforehand, or the removal of victims' gallbladders for consumption or sale. 388 170. The expert gave evidence about racial killings in the 1978 raids into Vietnam conducted by the Khmer Rouge forces in which "[T]he objective was [ ... ] to kill Vietnamese because they were Vietnamese - not because they were at war with Cambodia, but because they were Vietnamese. ,,389 According to this expert, "what the regime did to the Vietnamese seems to me to qualify as [g]enocide under the UN convention. ,,390 17l. The CPK policy to eliminate the ethnic Vietnamese was based on a theory of matrilineal descent,391 with the goal of establishing a homogenous race and eliminating CPK enemies. As one civil party describes the policy, "The KR wanted to eliminate the Vietnamese root out of Cambodia's population.,,392 Civil party statements reflect the widespread and systematic occurrence of this policy. In Prey

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Veng Province, a mixed marriage policy was in place to eliminate Vietnamese spouses in mixed marriages. 393 One civil party whose family was affected by the policy stated, "I observed that if the wife in a mixed marriage was Vietnamese, then the wife and the children would be killed. But if the husband was Vietnamese, only the husband would be killed but not the children. This policy was applied throughout the whole of .,,394 172. Another civil party corroborates the matrilineal policy: "If the Khmer spouse did not kill their Vietnamese partner, the Khmer Rouge would kill them both. One Khmer husband who was ordered/forced to kill his Vietnamese wife under threat of being killed himself ... He was not ordered to kill his two mixed children. He killed his (first) wife by taking her somewhere and beating her on the head.,,395 This policy affected both ethnic Vietnamese and ethnic Khmer civil parties. One ethnic Khmer civil party stated that his Vietnamese wife, four out of six children, and father-in-law and mother-in-law were killed because they were Vietnamese. 396 He stated that a Khmer Rouge soldier asked him "Since you are Cambodian, why are you married to a Vietnamese? [ ... J We kill all Vietnamese people.,,397 When organizing forced marriages, the Khmer Rouge "did not choose couples to be mixed Khmer and Vietnamese - they only forced Khmer people to marry Khmer people as there were no more Vietnamese left around 1977.,,398 173. This policy forced some Vietnamese spouses to return to Vietnam under the belief that if they remained in Cambodia, their entire family would be killed. 399

b. Scope 174. The CPK policy of targeting ethnic Vietnamese came into effect before 1975 and escalated throughout the indictment period.40o On 3 April 2012, Mr. KAING GUEK EAV, alias DUCH testified that during the Khmer Rouge regime, "[TJhe discrimination against the Vietnamese expatriates in Cambodia began after 17 April, after Lon Nol was expelled.,,401 On 18 July 2012, an expert provided evidence corroborating that the ethnic Vietnamese were targeted "very soon" after the Khmer Rouge victory in 1975.402 He also also provided evidence that by the end of 1978, the Khmer Rouge had a policy of eliminating the Vietnamese. 403 c. Impact 175. Ethnic Vietnamese civil parties provide evidence of the widespread suffering they experienced due to their ethnicity both during and after the Khmer Rouge regime.

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176. One Civil Party whose family were associated with Vietnamese or Chinese descendants provided oral testimony describing the conditions during the Khmer Rouge regime as "hell on earth ... within a period of a week, my family members died, some six to seven members died of starvation. We did not have anything to eat at that time. ,,404 Another Civil Party corroborates the inadequate food at worksite cooperatives: "They fed the pigs the same or better food than they gave US.,,405 There were long working hours and terrible living conditions at worksite cooperatives.406 One Ethnic Vietnamese Civil Party recalles the mental suffering she endured as a result of witnessing executions at worksites: "I saw some people being executed and fainted, so I cannot recall specific information. I knew they killed people because of the smell." 407 177. During forced deportations to Vietnam, ethnic Vietnamese civil parties experienced harsh living conditions and were deprived of their belongings by the Khmer Rouge. 408 A civil party states that "If we had not been able to get our transfer to Vietnam we would have definitely died in Cambodia [ ... ] [a]ll the people who were ill, died along the way. ,,409 Once in Vietnam, civil parties continued to suffer from being forced to live in an unfamiliar environment, including needing to learn to farm and work the land for a living, when they were used to fishing as a livelihood.410 One civil party states that, "I was used to living in Cambodia and that is why I returned. If you ask me why I had to return to Cambodia, it is because 'A [fJish needs to live in the water, if you ask it to live on land it will die.,,411 178. Due to their membership in an ethnic group that was perceived as an enemy of the CPK revolution, many ethnic Vietnamese Civil Parties lost large numbers of their family during the Khmer Rouge regime. 412 One Civil Party witnessed the cruel treatment of his brothers before they were murdered by Khmer Rouge soldiers.413 These crimes have flow on impact for surviving family members. In this case, the mother of the civil party fainted and died when she learned about the death of her three sons.414 179. Another civil party describes the lasting physical and psychological impact of the violence visited upon him and his family by the Khmer Rouge: "I also saw my entire family dead in the grave. No one had survived. The back of my head was very swollen and I was not able to adequately treat this injury as there was no medicine ... As a result of my head injuries that I sustained in 1975 by the Khmer Rouge I have suffered loss ofmemory.,,415

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180. A Khmer civil party who organized the forced marriage of 25-30 couples for the Khmer Rouge provides evidence of the fear and sadness experienced by people from mixed ethnic Vietnamese and ethnic Khmer marriages who had lost the right to marry the spouse of their choice.416 181. The Khmer Rouge targeted the ethnic Vietnamese for elimination from the Cambodian population - a crime which in legal terms, amounts to , involving the element of an intention to destroy an ethnic or racial group, in part or in whole. Damages affecting individuals within the ethnic minority group and their communities' span generations and have consequential effects for descendants of those directly affected by the policies created and implemented by the CPK. Social fragmentation caused by the forced deportation to Vietnam lead to generational harm for the children of Vietnamese deportees who, upon return to Cambodia, were treated as "foreigners" or "immigrants". The deportee victims, a well as their children and potentially grandchildren, suffer harm in terms of their nationality claims, because present authorities do not acknowledge significant life events such as their birth in Cambodia, or years of residence in Cambodia. Ethnic Vietnamese civil parties also continue to experience discrimination in Cambodia in contemporary times, including targeted killings, due to their ethnicity.417 182. Importantly, for the ethnic Vietnamese civil parties in Case 002, as a result of the forceful deportation to Vietnam, many civil parties lost identification documents which would have established Cambodian citizenship under the operation of the past Nationality Laws in effect during the period of their birth and residence in Cambodia.418

H. TREATMENT OF TARGETED GROUPS: RELIGIOUS AND OTHER ETHNIC MINORITIES 1. Objectives 183. Specific measures to target certain population groups were designed throughout the CPK regime. The distinctive religious and ethnic characteristics of the Chams,419 Buddhists, the Christians and the animist minorities were seen by the CPK leaders as a threat to their plan to enforce their policy of standardization to build an atheist and homogeneous society free of class divisions.42o Even though the Constitution of Democratic Kampuchea stated, "Every citizen of Kampuchea has the right to worship according to any religion and the right not to worship according to any religion. Reactionary religions which are detrimental to Democratic Kampuchea and

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the Kampuchean people are absolutely forbidden",421 the CPK leaders considered that all religions were reactionary. In furtherance to the policy of targeting certain groups, the CPK designed a coordinated and systematic policy to target anyone practicing a religion or having distinct ethnical characteristics. Civil Party evidence corroborated by other evidentiary material demonstrate that from the early stage of CPK control a series of measures against these specific groups were put in place nationwide in order to defend and implement the CPK revolution. 184. This policy was complementary to the other policies to implement a rapid socialist revolution which aimed at establishing an atheistic homogenous society without classes division, abolishing all ethnic, national, religious, racial, class and cultural differences thus destroying certain groups, as such, in whole or in part and replacing religion by Angkar. Specifically, not only this policy aimed at eliminating "special classes" such as the Buddhist monks,422 it also aimed at abolishing the practice of Buddhism, which at the moment of the acts, was practiced by most Cambodian. Furthermore, regarding the Cham population, measures to fragment and later extinguish the Cham community were also put in place. Finally, the Christians and the animist minorities also suffered as consequences of having their practices and believes banned during the regime.

2. Description 185. Starting at the beginning of the 1970s, different facets of religious practices had been gradually proscribed and when Phnom Penh was liberated in 1975, the policy became generalized. As one civil party recalls: "They announced the ceasing of all cultures; people would not be allowed to place their palms together to greet the cement Buddha, so that working time would not be wasted. ,,423 Many Cham civil parties report that under the Khmer Rouge, it was strictly forbidden to practice one's religion. As one Cham civil party states, "Islamic worship and other religious practices were eliminated. ,,424 The ethnic minorities were also banned from practicing their animist beliefs. 186. A Jarai civil party remembers: "After 17 April 1975, the Khmer Rouge prohibited people from believing in and praying to ancestral and guardian spirits any longer. At that time the Khmer Rouge appointed a Jarai ethnic [ ... J as the Cooperative Chairman, who then broadcast to all ethnic Jarai persons not to believe in and pray to ancestral and guardian spirits. Ever since, Jarai ethnic persons have not dared pray

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to their ancestral and guardian spirits.,,425 A Tumpun civil party recalls, "traditions and cultures were eliminated, including offering food to spirits, killing buffaloes for meat with wine, performances for the ethnic minority. ,,426

a. Characteristic Elements 187. One of the fIrst measures to target religious groups was the order given by the commune leaders and sector chiefs to Buddhist monks to leave the pagodas and disrobe; consequently all Buddhist monks and nuns were disrobed. One civil party remembers: "After being disrobed, my younger brother was assigned to be a soldier, and he has disappeared since then. ,,427 Once they had been defrocked, the monks were made to conduct forced labor and were obliged to marry. Described as "leeches" or "parasites",428 the monks had to be productive and play their part in building the country. 188. As of 1973, aims to fragment, disperse and displace Chams were the fIrst and basic measures used by the CPK against Cham communities.429 At the end of 1975, in the face of a succession of Cham rebellions, the repression worsened and the CPK continued to displace the Cham communities from their native villages and spread them out in villages that were predominately Khmer, thereby following through on the CPK line to break-up the Cham groUp.430 The families were transferred to remote provinces, including Battambang, Pursat and Kampong Thorn. These movements took place at the end of 1975 and during 1976, as part of the CPK plan on the second transfer of the population which is discussed in Part III. 189. This CPK policy to target religious groups was further characterized by the repression of religious practices and ethnic traditions. Many Cham civil parties confIrm that the Khmer Rouge applied a strict ban on the Cham from praying, including the practice of praying fIve times a day.431 Trespassing these bans was deemed against the revolution "Some people praying to god secretly were immediately killed after they had been spotted by the Khmer Rouge. ,,432 Another civil party recounts how the Khmer Rouge had ransacked all Cham homes in search of Korans in order to bum them. He recalls that, "They destroyed the holy boards for worshipping our God and went up into our stilt houses to search for the Koran and other books written in the Cham script; they destroyed them all. ,,433 190. The CPK also prohibited the culture, language and traditional dress of the Cham. Many Cham civil parties report on the prohibition of the Cham language during the

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KR regime.434 This right was formally banned among the Cham community, subject to the harshest penalty possible. One Cham civil party recalls that "The Khmer Rouge absolutely prohibited the Cham people to sampeas yang [worship], did not allow them to speak the Cham language, and every single Cham custom and tradition, wearing scarves and Cham clothing, was forbidden. The Khmer Rouge did not permit Cham women to keep their hair long. Those who refused to obey were taken away and killed. ,,435 Another Tupum civil party recalls that "During the Khmer Rouge regime, I was forced to dress up in black uniform. I was provided with two sets of back uniforms per year. I was not allowed to wear my traditional attire. We were under their daily surveillance. We were not allowed to organize funeral or wedding; or knew of any marriage celebrations within my village [ ... ] during the Khmer Rouge.,,436 19l. A number of Jarai and Tumpun civil parties spoke of the banning of religion when they applied to become civil parties.437 As a result of the abolition of religion and ethnic traditions, several civil parties report the systematic arrest of their religious leaders. A civil party remembers, "The two tribal leaders were summoned by the Angkar to join a study session. They both disappeared up to now. ,,438 192. The oppression also took the form of attacks against religious symbols. When they were not actually destroyed, the pagodas, mosques, churches and shrines were converted for other uses.439 One civil party remembers: "After Khmer New Year, Phnum Chhmar pagoda became a prison where people who were considered as enemies were tortured.,,440 Statues of the Buddha were systematically destroyed. A civil party recalls that "In addition, the Khmer people's pagodas were destroyed by the Khmer Rouge. Buddhist statues were carried away and thrown into rivers.,,441 193. Many civil parties provide accounts of how mosques were destroyed during the Khmer Rouge regime, several accounts recall how mosques were transformed into warehouses and pigsties.442 As one civil party remembers "they burned and destroyed mosques and turned them into food warehouses instead. ,,443 194. Another element of this policy towards the Cham was to force consumption of pork. If anyone refused then he or she would be considered an opponent of the Khmers Rouges facing execution.444 A report from Region 5 demonstrates the intransigence of this particular measure "The 17 April elements from Phnom Penh who were Cham nationals conducted a protest in the common kitchen of the cooperative concerning their belief in what they eat according to their religion by pointing at and

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referring to Article 20 of the Constitution; for this situation, we have taken special measures, that is, look for their string, look for the head of their movement in order to sweep clean."445 195. Some monks were threatened with death or even executed before the start of the Khmer rouge regime, but persecution of the monks became widespread after 17 April 1975. Thus, the most influential Buddhist priests were executed a few days after the revolutionary victory.446 One civil party recalls "[S]ome of the senior monks who disagreed to be disrobed were taken away to be executed. I saw the monks being transported in ox carts to the forest. ,,447 Many high figures in the Buddhist hierarchy were executed during the evacuation of Phnom Penh as demonstrated below .. Catholic priests also had to hide their identity.448 196. As of 1977, the CPK designed a concerted campaign to annihilate the Chams living in , which was then part of the Central and Eastern zones. 449 As a civil party recalls "At that time the Khmer Rouge considered the Cham to be enemy number one. ,,450 The Chams who were arrested were never subjected to any extended investigation or interrogation. Once their Cham identity was known, they were inevitably executed-men, women, and children alike. 451 As one civil party states: "They killed them because[ ... ]knew that my family was Cham." 452 Civil party evidence demonstrates that a policy clearly designed by the CPK leaders was put in place targeting the Cham because they were part of a specific ethnic group. All characteristics of the policy designed by the CPK leaders aimed at fragmenting and banning the essential characteristics of the Cham community.

b. Scope 197. As described above, the plan to target religious groups was crystallized before 1975 and was in effect until at least 6 January 1979. The prohibition of religion as described above was applied in all zones. The policy of targeting the Cham consisted of a number of characteristic elements which were applied to every Cham community around the Country and among the entire Cham population within the temporal jurisdiction of the Court. More specifically, waves of Cham massacres were conducted during 1977 and 1978, where the Chams were systematically track and taken to security centres.

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c. Impact 198. Regarding the impact related to the practice of Buddhist during the regime, an internal CPK document makes explicit reference to the end of the Buddhist religion and the disappearance of the monks "In addition, most of the monks, 90 to 95 percent of them, abandoned their monkhood. Pagodas which are the core foundations for the existence of the monkhood were abandoned. People have no longer gone to pagoda. They no longer offer alms [to the monks]. On the contrary, they are keen to build dams and dig canals etc. ,,453 A civil party states "[A] s a Buddhist follower, was angry with and agonized by that cruel act of Angkar, which had effectively demolished all forms of religious practice. Such an act was so malicious that it cannot be described in words or be forgotten.,,454 199. The final outcome of the campaign to disperse and eliminate the Cham was the destruction of a considerable segment of the Cham population. A Civil Party recalls: "Their [ ... ] insulting slogan, "fighting to eliminate the Cham race," was terrifying to me. I was worrying every day. Each night I felt I would only survive until the next morning." 455 200. Several Jarai and Tumpun civil parties speak of their suffering, often dwelling on the trauma of being forbidden to revere the spirits of the forest. 456 Their belief is that by omitting to pray, they anger the spirits and bring misfortune on themselves. During the Khmer Rouge regime, no funeral ceremonies were allowed. One civil party states that, "As one of the ethnic Tumpun, I [ ... ] was indescribably suffered and depressed from the act of elimination of animistic beliefs. This made the ethnic Tumpun extremely depressed." 457 The Tumpun and Jarai minorities still suffer nowadays from the loss of their spiritual and religious leaders during the Khmer Rouge regime. After the collapse of the regime, it was difficult for the minorities to acquire or re-learn their animist traditions and rites without the help of the more educated members and the elders.

3. Policy as State Practice 20l. Given the systematic and organised manner in which the policy banning and oppressing all religion and ethnic characteristics was designed, it is clear that it was ordered by the upper echelon of the CPK, as stated in the telegram 15 which reported to the CPK leaders on the specific CPK policy against the Cham: "This deportation [of Muslims] in principle, their removal was to break them up, in

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accordance with your views in your discussions with us already. ,,458 Pursuant to this policy and the objective to abolish religious groups, tens of thousands of Cham people were sent to the Northern and North-West Zone as detailed in Part III: B herein. 202. The destruction of entire communities in the province of Kampong Cham shows that there was a clear organisation of the executions, planned by the highest echelons of the CPK, which held oversight of the operations. These mass executions are consonant with a systematic attempt to destroy all the Chams. The implementation of this plan was systematically coordinated by senior cadres of the CPK reporting to the Party Center, notably KE Pauk, Secretary of the Central Zone. As of 1977 and during the purges of cadres from the Eastern zone, Ke Pauk became the leader of the East zone.459 He was also military commander of the Northern zone. As a member of the Central Committee,460 KE Pauk was accountable to Office 870, specifically to SON Sen and to NUON Chea,461 whom he served under and to whom he reported on fighting on the battlefield. 203. An internal CPK document states clearly that abandoning Buddhism was not optional but imposed by Angkar: "This practice has disappeared. The political, economic, cultural bases were dug up and destroyed [ ... ] we assume that 90 to 95 per cent of the monks and Buddhist practices will no longer exist. So, this special layer [of the society] will no longer cause any worry.,,462 This policy aimed at eliminating "special classes" was justified by the CPK leaders as the Buddhist monks were declared to be part of the oppressor class and classified as exploiters. 204. As stated in the Khieu Samphan thesis, strict measures needed to be adopted in order to bring about structural reform to the economy. In the chapter entitled "The Necessity of extensive Structural Reform," he writes: "An effort will thus be made to deter them from unproductive activities and to encourage them to participate in production [ ... ] To effect such a profound transformation, isolated measures will not suffice. At the beginning, at least, a package of very strict measures appears absolutelyessential.,,463 He distinguishes between "productive" and '"unproductive" activities.464 The Accused declares: "A rational ordering of society must therefore strive to restrict unproductive activity for the purpose of employing the maximum number of people in productive activities. ,,465

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I. THE REGULATION OF MARRIAGE 1. Objectives 205. The fifth policy was to regulate marriage by forcing people to wed each other against their will. Civil party evidence corroborated by other evidentiary material has shown two main objectives of this policy which were complementary to the other four policies to implement a rapid socialist revolution. 206. First and foremost, the policy on forced marriage was aimed at increasing the population. This becomes apparent from civil party statements which describe that during the wedding procedure they were forced to commit "to produce children for Angkar,,466 or "to deliver babies for Angkar,,467 or "to make children for Angkar".468 A variety of evidence verifies this goal. 469By targeting an increase in the population CPK leaders planned to create the workforce necessary to fulfill the production goals set for the cooperatives and worksites.47o The justification for the regulation of such an important life decision was based on the CPK's position that the parents, as the nexus of the traditional Cambodian family, had been replaced by Angkar. As one civil party recalls, "When I learned of this I refused, but they still forced me to accept this arranged marriage and not oppose Angkar because Angkar was like our parents.,,471 The parental role of Angkar is also referred to in other evidence.472 207. The second objective was in line with the general ideology of a socialist revolution where people were labeled according to their political and social status. A civil party states: "My husband-to-be also had a bad biography,,,473 expressing the aim to pair people according to their background as mentioned in other evidentiary material. 474 Similarly, another civil party notes that "[ ... ] the Khmer Rouge set a policy that cross marriage was not allowed between the base and new people.,,475 208. In line with the policy on targeting specific groups, the policy on forced marriages formed part of the common purpose to implement a rapid socialist revolution through a great leap forward. 209. With regard to the policy on targeting of Buddhist monks,476 a civil party who, as a monk was first defrocked and later on forced to marry, represents a typical fact pattern.477 Another civil party corroborates this experience: "I know that because in Svay Rieng there was a case of a monk, previously an abbot who was defrocked and forced to marry an old woman.,,478 As other sources confirm, this was a common practice.479 In addition, "no monk provided any blessing because the monks [ ... ] had been defrocked by the Khmer Rouge. ,,48°This shows that the elimination of Buddhist

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practices and beliefs also extended to weddings where, traditionally, religious ceremonies formed one of the core elements. 481 210. Complementary to the policy on targeting Cham,482 forced marriages between Cham and Khmer were used as means to destroy their culture and religion,483 a civil party recalls "There were ten couples in each arrangement, in which Khmer and Cham [my] people were paired with each other.,,484 This is highlighted by a Cham civil party: "I suffered considerably as 1 had to force myself to marry a Khmer man, but 1 did not reject the arrangement because 1 was afraid the Khmer Rouge might kill me. ,,485

211. The policy on forced marriage served as an extension to the policy on targeting former Lon Nol officials and their families Part II: E above. Following the killing or disappearance of former officials of the Khmer Republic, marriages were forced upon their female relatives,such as their daughters, as experienced by one civil party:"1 was called lazy and reminded that my parents worked for Lon Nol. So 1 had to accept the marriage, if not, 1 would have been killed. ,,486

2. Description of the Policy 212. The forced marriage policy consisted of a number of characteristic elements which were applied nationwide and among the entire population within the temporal jurisdiction of the Court. a. Characteristic Elements

2l3. The core element of this policy was the disregard for the individual's consent and their ability to marry a person of their choosing. Even though voluntary marriage with permission from the authorities was possible and did occur,487 the vast number of civil parties488 affected by the CPK policy on forced marriage state that consent was not given nor required, a fact which is also reiterated in other evidence. 489 One prominent form of coercion consisted of punishing those who explicitly rejected the marriage490 as one civil party described: "[ ... ] 1 was asked by a Khmer Rouge soldier to marry him, but 1 refused his request. After that they arrested me and imprisoned me in Koh Khyang Prison.,,491 As a result of these circumstances, others492 dared not to refuse openly for fear of the ensuing consequences:"Because 1 was afraid of being

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beaten and mistreated, I agreed to marry.,,493Some were also expressly threatened with punishment should they oppose the marriage. 494 214. In order to achieve the above-mentioned goal to mcrease the population, the consummation of the marriage through sexual intercourse had to be ensured following the wedding procedure. The means ranged from surveillance:49s "In the night, militiamen came to our homes to spy on US,,496to threats: 497 "The next morning, he reported to the Youth Chief, SAU Van, the fact that I had not agreed to sleep with him. After the report, the Unit Chief called me for instruction and warned me I would be executed if I did not sleep with my husband,,,498 to physical violence: 499 "My hands were tied up and I was eventually raped."soo Maless01 and s02 s03 females both fell under this obligation irrespective of their sexual orientation. S04 Looking at the separation of the couples for forced labor following consummation, sos the sole purpose of reproduction becomes even more visible "The next day [after the wedding night], we were sent back to work at our old worksites."s06 215. The goals of increasing the population and efficiently pairing people of the same background were typically the only consideration when organizing the wedding procedures. In most cases collective weddings with two to more than hundred s08 couples were held. S07 Religious and other traditional ceremonies were abolished - a practice which not only serves efficiency but also reflects the policy to eliminate religion.

b. Scope

216. Evidence from Civil Parties confirms the existence of the policythat the aforementioned characteristic elements were already applied before 17 April 197 5S09 and continued until 6 January 1979. SlOp orced marriages as described above were held in all zones. 511 The policy affected both malesS12 and females. s13 Victims of this policy as well as the spouses selected for them came from all wakes of life,s14including ethnic minority groups such as Khmer-Islam,sls Cham,S16 Jarai,S17 Tompuon;S18 various groups affiliated with the Khmer Rouge regime, such as

cadre, S19 commune mobile militiamen ("chlob"), S20 transporters of goods,521 leaders

of mobile units, S22 soldiers, S23 base people, S24 and new people, S2S including S26 s28 transferees from Phnom Penh or other places, S27 doctors officials of the Lon

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Nol regime529 and their family members;530and members of the general population, such as peasants,531 widows,532 workers in mobile units, 533 cooks, 534 and former monks.535

c. Impact 217. With marriage being an essential aspect of social and private life, the policy on forced marriage contributed to the collectivization of all aspects of society. As described above, mass weddings were conducted collectively. In addition, collective care for children born as a result of such marriages was put in place. As one civil party describes: "During the daytime when I was working at the rice fields I left my daughter for the old women to look after. They fed the children gruel, and I breastfed my children during the midday rest break and during the evening. ,,536 218. Evidence from civil parties and other sources also demonstrates that, like the other four policies, the forced marriage policy was designed to be implemented by whatever means necessary,537 or, in other words, regardless of the human toll exacted. As a direct result of the forced marriage policy and in accordance with the objective to increase the population, many women became pregnant: 538 "The first pregnancy is the consequence of the forced marriage.,,539 However, some of these women lost their babies, either during birth540 or during infanc/41 due to lack of medical care. As one civil party remembers "My baby later died after he had become sick without any medicine to treat him. He had seen the sunlight for only 2 months. After he died, Angkar took his body away.,,542;or due to the poor health condition of the mother, acivil party recalls that "Eventually, my child died when he was nine months old due to complete absence of breast milk.,,543 219. The circumstances of coercion and force which formed a characteristic element of the policy has had a lasting impact on the victims. The fear instilled by this policy was already present during the wedding procedure one civil party describes: "I was then asked to make a declaration; I was very afraid. I was trembling with fear thinking that I was going to be beaten.,,544 It continued when the couples were forced to consummate the marriage: "During that night, I was very scared because we had never known each other before. On the other hand, I was so worried that these militiamen would know about it if I made any attempt to refuse to live with my husband,,,545 and even deeply affected people who witnessed these forced marriages: "I [ ... J was worried that such a marriage would befall some of my family members

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because I noticed it was a forced marriage with people banned from choosing the persons they love and their parents unaware of it. ,,546Some civil parties suffered from the separation of their fiances, a civil party states: 547 "I have felt pain about this forceful marriage as I was not allowed to marry the girl I loved.,,548 220. In the long term, some of the victims encountered difficulties living with a spouse they did not choose to marry. This policy impacted both females: "I suffered from trauma because I lived in pain with my husband who did not know my heart, and I received both physical and sexual abuse" 549and males: "I really had a lot of problem maintaining this marriage, but it could last because of my sympathy only, not because of my love to her, and she didn't love me either.,,550

3. Policy as State Practice

221. As demonstrated above, evidence from civil parties corroborated by other sources validate that the CPK leaders inter alia designed and implemented the policy on forced marriage. 551 This becomes evident from the accumulation of circumstantial evidence that lead to the conclusion that forced marriages were state practice as opposed to random conduct by individuals. 222. First, this can be inferred from the fact that all marriages during the Democratic Kampuchea period were organized and conducted by Khmer Rouge authorities. 552 As a civil party describes: "At 9 a.m., when the marriage was set to occur [Angkar called the forced marriages 'expressions of commitment'],more than 10 Khmer Rouge Cadres, including the Commune Chiefs, Yab and Van, and the Village Chief, An, and some representatives of Angkar, whose names I cannot recall, were there to arrange the exchange of commitments. ,,553 Among these authorities were Zone Committeeman,554 Chief of Women's Unit555 or Women's Committee,556 Chief of

Commerce, 557 Commune Chief" 558 Unit Chief 559 Sector Committee member, 560 Squad Chief,561 Cooperative Chief562 and District Youth Chief563 This power would be passed on the successor in office. 564 In addition, spouses were selected by Khmer Rouge authorities without the consent of the victim; a civil party remembers "They [Khmer Rouge] then decided at their discretion to pick a bride to pair with a groom. ,,565

223. Another indication that forced marriage was a state practice is the fact that couples had to pledge to the CPK leadership or Angkar during the wedding procedure: "Each

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couple was required to confirm their commitments, to work hard for Angkar, to stay loyal to the party and to not intend to betray the party. ,,566 224. As described above, the same characteristic elements were applied in the same manner in the run up to and throughout the period of Democratic Kampuchea in all the zones and among a wide sector of the population. Such a widespread and systematic practice confirms the existence of the policy which was set by the CPK leadership.567 Without an explicit order from the CPK leadership, the practice of organized forced marriages would not exhibit the same pattern and would not have been implemented country-wide. One civil party provides evidence on the existence of an order by the senior leaders: "At that time, one of the three chiefs in the [wedding] meeting [ ... ] whom I did not know specifically, read an order issued by the senior leaders of the regime [on marriages]. ,,568 225. Finally, it was shown above that the policy on forced marriage was in line with other policies established by the CPK leadership which leads to the reasonable inference that the same individuals were responsible for the design and streamlining of all five policies of the JCE.

PART III: FACTUAL EVIDENCE OF CRIMES

A. MOVEMENT OF THE POPULATION FROM PHNOM PENH (PHASE 1) 1. Overview of the Evidence 226. Within the single consolidated group of civil parties, 747 were declared admissible for movement of the population from Phnom Penh (Phase 1) at the pre-trial stage by the Co-investigating judges and a further 34 were declared admissible following their appeal before the Pre-Trial Chamber. However, the Co-investigating judges interviewed only 17 of them and 25 testified at trial on these specific facts. Amongst these 781 civil parties, 441 are direct, eyewitness victims of the facts. The factual findings hereunder are solely based on the evidence gathered from those civil parties.

2. Pre-1975 Situation a. A Long-Standing Policy ofForced Transfer

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227. The forced transfers following the fall of Phnom Pehn on 17 April 1975 were a continuation of the CPK's evolving policy to forcibly transfer populations under their control in "liberated" areas which had been in place prior to 1975. 569 As troops neared the capital in the days leading up to 17 April 1975, inhabitants of outlying villages were forced to evacuate their homes. As noted by a civil party who was forced to move between villages in , "it was done forcibly after the fighting between the Khmer Rouge soldiers and the Lon Nol soldiers. The Khmer Rouge rushed to get people out. [ ...] We walked about 20 kilometers with hundreds of other people. [ ... ] The people were guarded by armed Khmer Rouge soldiers. [ ... ] People with energy had to continue to walk and those who could not walk had to be left behind. ,,570 Another remarks, "the Khmer Rouge destroyed villages and districts and evacuated people out of wherever the Khmer Rouge arrived to follow along behind. ,,571

b. Security, Health and Welfare ofPhnom Penh s Inhabitants 228. In the period leading up to the fall of Phnom Penh, health and security conditions in rural areas were such that many feared for their lives and well-being and fled to Phnom Penh city.572 One civil party recalls, "I fled to Phnom Penh in 1972 and I continued to stay in PP until 1975As one civil party remarks, "soldiers and warriors were displacing the population and were destroying villages [ ... ] Every day you saw crowds of people who had been evacuated from neighbouring villages trooping into town.,,573

229. Though the influx of people from the rural areas caused a surge in Phnom Penh's population,574 adequate food, supplies and healthcare remained available to the city's population. Nuon Chea, Khieu Samphan and leng Sary have all claimed that the food shortage in the city was a primary justification for the forced evacuation. 575 Although the evidence confirms that conditions were difficult in the city before 17 April,576 as one civil party notes. 577 Expert testimony confirms that, there were still adequate food supplies in Phnom Penh at the time of the forced transfer.,,578 230. During this period, hospitals are reported to have had many patients, especially casualties of the ongoing war, but healthcare services were still available up until 17 April 1975.579 As a civil party describes, "The whole night of the 16th of April 1975, my colleagues working at the centre at Borei Keila, we received a lot of 15 victims -

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the wounded -- at that time. There were ongoing influx 16 of victims and there were ambulance going back and forth into the premise of the centre. And the next morning - - well, actually, at night, I heard the gunfire and shelling and bombings everywhere; particularly, toward the end -- or toward the north part of the building and it came from the south as well. ,,580 231. Even with the war at their doorstep, conditions in Phnom Penh in the months and weeks leading up to 17 April 1975 were vastly better than those that the population would encounter during the forced transfer from the city and in the months and years to follow. 2. Initiation & Duration of Forced Transfer a. Departure from Phnom Penh & Duration ofJourney 232. In stark contrast to the hopes of the population for peace and respite after years of war and hardship,581 the forced transfer of the population from Phnom Penh and other cities undertaken by CPK forces was immediate and absolute. On 17 April 1975, CPK soldiers began to order Phnom Penh residents out of the city.582 Numerous civil parties, witnesses and experts confirm that the city was completely emptied of its civilian population583-a fact confirmed by NUON Chea. 584 233. In the lead-up to 17 April 1975, the population of Phnom Penh is thought to have ballooned from 600,000 to perhaps as many as 3 million inhabitants. 585 Within a matter of days, the entire population of Phnom Penh was evacuated, except for the few CPK leaders or cadre who were allowed to remain. As one civil party notes, "In September 1975 [ ... J Phnom Penh was very quiet. There were no people. Only the Khmer Rouge who occasionally conducted patrol, were there.,,586 234. What followed for the victims of these forced transfers were long and arduous journeys to their destinations. As reported by civil parties, the duration of their travel lasted anywhere from a few days to six or more weeks. 587 One civil party notes, "we spent about one month to travel, because there were millions of people on the road and we could travel by car only 40 to 50 metres per day. ,,588 Another civil party recalls it took her family members 7 days just to reach the Kbal Thnal roundabout on the edge of Phnom Penh. 589 b. The Order to Evacuate 235. Shortly after amvmg m Phnom Penh, CPK forces began announcmg instructions to the city's inhabitants that they needed to leave urgently. CPK forces made announcements on loud speakers or microphones, by displaying signs and by

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going door-to-door to give inhabitants the order to leave the city urgently.590 Khmer Rouge soldiers patrolled and checked people's houses to make sure that people had left as ordered. 591 c. Reasons Given to the Population & Possibility ofReturn 236. The population of Phnom Penh was told by CPK forces that the departure from their homes would be temporary and that they would be permitted to return in three or seven. 592 As one civil party recalls, the Khmer Rouge told him: "brothers, sisters and compatriots, you leave only three days; then Angkar will allow you to return. ,,593 237. However, once on the road transferees were forbidden to return. 594 One civil party recalls that the announcement to return was not heard, people were chased away.595 Another civil party was informed by Khmer Rouge cadre that return would not be possible: "On the Monivong Bridge, the Khmer Rouge told [us] that 'All of brothers/sisters are evacuated to do rice paddy. Don't hope that you can return. Angkar takes you for tempering. ",596 A civil party explains that once transferees were under the control of CPK forces, there was no option to return to the city otherwise you would be shot dead. 597

238. Khmer Rouge cadre routinely provided one of several justifications which were intended to hasten the population to leave the city without question. Victims of the forced transfers were told that they needed to leave in order to avoid imminent bombing by American forces,598 to protect civilians from war,599 to allow for the cleaning and reorganization of the city,600 and to permit the CPK to find, neutralize and/or sweep/clean enemies. 601 As one civil party describes, she was ordered to leave "on the pretext that the Americans would bomb the city so they wanted the residents [ s] of Phnom Penh to leave for a temporary period, say three to seven days.,,602 239. Though such justifications were an effective propaganda tool employed by the CPK in coercing many inhabitants to flee their homes, in some cases, they are demonstrably untrue. For example, in spite of NUON Chea's assertions,603 the American bombing of Cambodia was widely known to have ceased as of 15 August 1973, nearly two years before the forced evacuation of Cambodian cities. 604 Concerning the other justifications, there is no evidence that initiatives such as cleaning and reorganizing the cities were undertaken. However, the CPK did undertake widespread initiatives to eliminate "enemies" during phase 1 forced transfer, as discussed below.

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d. Preparation & Possessions Taken 240. Understanding that they would be permitted to return in the near future and in the face of mounting pressure from the CPK forces rushing them from their homes, many transferees report that they were not able or did not think it necessary to take many supplies with them. As a civil party recalls, "I had to leave urgently, as we were chased and warned by the Khmer Rouge soldiers. And they said that the Americans would drop the bomb very soon and that we would only leave for three days.,,605 Another notes, "The streets were very crowded, full of people, young and old, who were carrymg things on their heads, shoulders and waists. Some were dragging carts. ,,606 241. As noted in expert testimony, it is unlikely that the leaders of the CPK either expected or desired that transferees take possessions with them to their destinations: "this was part of the program to separate people from their belongings so that everybody became equal, because if everybody has nothing of their own possession, then they are all the same.,,607 3. Means of the Forced Transfer a. CPK Coercion & Enforcement ofthe Forced Transfer 242. The CPK deployed its soldiers to evacuate people out of Phnom Penh city. Civil parties uniformly identify the enforcers of the forced transfer as CPK soldiers based on their appearance and demeanor. 608 They were armed, black-clad, wearing car-tyred sandals and caps and holding guns. 609 Another remembers, "They wore black pants and black shirt. They have car tyre thongs and they have a scarf on their neck-around their neck. ,,61 0 243. CPK forces enforced the order to leave through, coerCIOn, threats and violence. 611 The words and actions of the Khmer Rouge soldiers left no doubt that the cities inhabitants were not given a choice whether to stay or leave the city. A civil party describes, "A lot of Khmer Rouge soldiers came to our place and we were ordered to leave the city at gunpoint. We were not given enough time to pack our luggage.,,612 244. When there was resistance, CPK forces resorted to escalating measures of force and violence to compel the city's inhabitants to leave. One civil party states that ".They carried guns and they used the guns to chase away the people. They threatened to kill anyone who did not want to leave.,,613 People who did not agree to leave Phnom Penh were threatened at gun point or shot dead. 614 Another civil party explains that

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"They threatened all the people at gunpoint and if anyone who resisted such order, they would risk being shot at. And we were very frightened.,,615 The terror and uncertainty created by these measures effectively helped to accomplish the CPK's plan to empty the city as rapidly as possible with a minimum of resistance or unrest from the victims. c. Confusion & Disorder on Departure 245. Though following a clear pattern in its means and methods and being widespread in its application, the evacuation from Phnom Penh is described by victims and witnesses as chaotic and poorly organized.616 Victims of the forced transfer from Phnom Penh indicate that the roads were clogged by the masses of people being herded out of the city by CPK forces: "they were a flood of people full of the street.,,617 So crowded were the condition that one civil party describes how "children were tragically stepped on and killed by the people.,,618 Another civil party exiting Phnom Penh on National Road 4 describes the conditions as "a disorganized chaotic mass of humanity, numbering tens of thousands, carrying bundles on their shoulders.,,619 246. Victims of the forced transfer were given arbitrary, unclear and sometimes conflicting instructions on where they were supposed to evacuate to. One civil party remembers that "[Khmer Rouge soldiers] ordered the people to move very quickly; [ .. .]. Then they ordered us to continue walking, but we did not have any idea where we were heading to. We were traveling for five days. We stopped whenever it got dark. ,,620 Another civil party describes that "I did not know where to go. 247. Where family members found themselves in different parts of the city when Phnom Penh fell to CPK forces, this resulted in the separation of immediate and extended family members. 621

4. Methods of the Forced Transfer a. New People were Target ofForced Transfer Phase 1 248. So called "17 April people" or "new people" were the primary target of the forced transfer from Phnom Penh. New people referred to anyone who was living in cities or towns not controlled by the CPK by the time Phnom Penh fell on 17 April 1975. New people were contrasted to "18 March" or "old (base) people" who were living in CPK controlled areas at the fall of Phnom Penh. As one civil party explains, "The Old people and the New people were different. The Old People had been living in the communities for a very long time. [ ... ] [W]e were called the 17 April People

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who were just evacuated from Phnom Penh.,,622 As one civil party recalls, "New People were almost considered as traitors; the capitalists or the feudalists [ ... ] we were accused of being feudalists, [having] a tendency toward the Lon Nol or the CIA.,,623 b. Forced Transfer ofthe Civilian Population 249. Every inhabitant of Phnom Penh, estimated to be 3 million people, was forced to evacuate the city without concern for their age, condition or status. Civilians of both sexes including the elderly; newborns, infants and children; disabled people, the wounded, the infirm and hospital patients; pregnant women and women who had just given birth; medical doctors and nurses; monks; and civil servants and professionals were all forced out of the city, without exception. 624 250. The elderly were expected to leave the city along with the rest of the inhabitants and were given no special accommodations to help them with the journey. As one civil party remembers, "the sick and the elderly people were not treated by any Khmer Rouge at all [ ... ] anyone who can leave it is okay for them to leave. If you could not, you had to enjoy the fate as you were.,,625 251. All Children, including infants and newborns were also included in the order to evacuate. 626 252. Concerning hospital patients, the disabled, the wounded and the infirm, one civil party recalls that "There were hospital beds and some of them had the IV injection on. Those who could walk would walk and those who could not walk would be carried and some of them would stay on the hospital bed and were pushed or pulled by another person. ,,627 Another civil party reports, "My family was evacuated from a hospital on 17 April 1975 while one of my children's legs was being operated on.,,628 Those who were incapacitated and had no one to assist them in leaving were presumably left behind. 629 253. Pregnant women and women who had recently given birth were expected to leave the city with everyone else. 630 One civil party transferee recalls "at that time, I had two children; one was three years old, the other one was five years old [ ... ] I had just delivered my baby, and I had to travel on foot. ,,631 254. Medical doctors and nurses, as all other inhabitants of the city, were required to evacuate. A civil party who was a medical practitioner working in Phnom Penh at the time explains that he was forced to abandon his post in the midst of treating patients: "People started to leave the centre, but patients were still there and

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helpless,,632 and "medical personnel came down from the operating theatre. [ ... ] he shouted that we had to leave the hospital immediately.,,633 255. Monks were forcibly transferred from their pagodas, as one civil party recalls: "On 17 April 1975, the day the Khmer Rouge took power, I and other monks were evacuated from the pagoda at around 2 to 3 p.m. We could only take with us monk's bowls, books, a small amount of rice and our cowl robes. ,,634

c. Lack of Transportation 256. By the vast majority of the accounts, the CPK did not provide transferees from Phnom Penh with any transportation to their destinations-instead civil parties and witnesses recount that they were expected to make their own way to their destinations by whatever means they could manage. As one civil party describes, "everyone had to move together on just one road and to one direction, so we could not move about quickly. Some were seen riding bicycles or taking "cyclos", some had to carry some belongings, and some had to walk some sick people all along.,,635 In most cases, transferees had to make their way to their destinations by foot, not matter how far they traveled. 636 257. Even civil parties that had a vehicle they could drive or ride from the city often found that they could not make it through the thick crowds, that they ran out of gasoline, or that the CPK seized their vehicle. 637 d. Repeated Forced Transfer during Phase 1 258. The forced transfer of new people from Phnom Penh was not limited to the first few weeks after the fall of Phnom Penh, but lasted well into July and August 1975.638 Subsequent forced transfers were more organized with Khmer Rouge cadre providing transportation, as one civil party describes: "In a matter of a month, they would come to take the statistic of my family members and they send[t] us away. We had to get on board the boat and then we disembark the village to somewhere else. So those who were the 17 April People has to leave, even though we begged them not to move us anymore. ,,639 259. A civil party remembers when being forced to transfer a short time after arriving in her family's native village, "I saw armed guards. They were armed militia and they instructed us to get onto the boat, [ ... ] we were afraid so we hurried ourselves on the boat as we saw other families were harassed by those armed militia.,,640

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4. Conditions of the Phase 1 Forced Transfers a. During the Forced Transfer 260. The CPK carried out the forced transfer in a manner engineered to maximize the terror, confusion and suffering of the transferees. 641 As a consequence of a deliberate pattern of misleading the transferees concerning their return and inadequate planning and flagrant disregard for the well-being of transferees, most transferees found themselves in desperate circumstances during the forced transfer, without adequate provisions and vulnerable to all manner of suffering and hardship. Even the most basic regard for the well-being, dignity and life of transferees was set aside in favor of the CPK's aim to remove Phnom Penh's inhabitants to the country side and separate and group them into cooperatives as quickly as possible. 261. Most civil parties indicate that there was no support or assistance from Khmer Rouge cadre controlling them during the evacuation. As one civil party notes, "not even a single thing was given by the Khmer Rouge.,,642 i. Persecution of "Enemies" of the CPK 262. During the forced transfer, new people transferred from Phnom Penh were carefully monitored for indications that might give themselves away as enemies of the CPK. "We were under strict surveillance by the Khmer Rouge soldiers, and they kept asking us what my husband's occupation was before this period.,,643 CPK forces employed a variety of methods to try to elicit or coerce information from transferees on their background, including setting up checkpoints644 where transferees were required to "register,,,645 spying on transferees,646 coercing or children, other family members become informants and interrogating or torturing or offering inducements to transferees to reveal details of their background. 647 As one civil party explains, "the 17 April people were considered as enemies of the Khmer Rouge, and the base people were the people of the revolution. [ ... ] the 17 April People were considered as enemies, feudalists, capitalists. ,,648 Another describes how CPK forces used skin complexion to distinguish new people: Anyone who was thin and of dark complexion

were allowed to continue their trip; people who looked chubby and bright III complexion were not allowed to continue and were ordered to gather to one side. 649

263. In the case of affiliates of the Khmer Republic, such as former Lon Nol soldiers and civil servants, the CPK employed a variety of methods to deceive these civilians into identifying themselves during the forced transfer from Phnom Penh. In

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addition to the methods describe above and applied to all new people, the Khmer Rouge cadre made specific appeals directed at affiliates of the Khmer Republic, announcing that anyone who had worked in the Khmer Republic regime would be taken to be "re-educated" or to receive a post in the new government. As one civil party remembers, during his family's trek out of Phnom Penh, "6 or 7 Khmer Rouge forces walked and announced by the loudspeaker to invite 'anyone who is high ranking official to appear before them. Angkar would not find any fault and the spouse and children would be brought later. [ ... ]. Then my father appeared together with another 7 persons and the Khmer Rouge recorded their names and pushed them into the truck as if they were prisoners.,,650

264. The Khmer Krom (or lowland Khmers) were also screened and segregated from the central Khmers in the course of forced transfer from Phnom Pehn on the basis of their distinct dialect, family names and cultural practices. 651 They were an identifiable group as they "had strong accent of Kampuchea Krom.,,652A civil party recalls that when he was forcibly transferred from Phnom Penh in 1975, he was screened and his biography was taken. 653 Further, "people from different [districts] of Kampuchea Krom would have different family names and could be identified by these family names.,,654 "When they [DK forces] took the biography of the people, they actually could recognize the actions of people from Kampuchea Krom. So upon knowing that they were from Kampuchea Krom, then they [DK forces] would classify them or group them in one particular groUp.,,655 265. Buddhist monks and other religious leaders were targeted for discrimination. One civil party recalls the defrocking of two local monks: "the other two monks were taken and defrocked at Wat Kaoh Choram Pagoda before they were sent back to live with me again.,,656 Pagodas were emptied and monks were seen on the roads as evacuees. 657 As one civil party reports, monks were killed. 658

ii. CPK Forces Carried Out Killings on a Massive Scale 266. In the course of the forced transfer from Phnom Penh, were carried out on a massive scale. 659

267. In accordance with the plan formulated by senior CPK leaders, Khmer Rouge cadre implemented the policy of executing affiliates of the Khmer Republic during the

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forced transfer of Phnom Penh. 660 One civil party describes that once his father was suspected of being a Lon Nol soldier, "the Khmer Rouge shot [my father] dead. Not only my father was shot dead alone at that time, but other people were also shot dead too because they could not run away. ,,661 After the capture of Phnom Penh, Khmer Republic soldiers who were not engaged in battles were sometimes killed on the spot. A civil party recalls that one of the Khmer Rouge soldiers "quickly came to shoot my uncle and he collapsed in front of the house. Then he returned to the line and my uncle died in camouflage uniform. ,,662

268. The range of individuals who were targeted by the CPK included high-level Khmer Republic officers, soldiers, civil servants, and family members of these individuals.663 The intentional targeting of senior Khmer Republic officials is evident by the existence of "smash" lists that targeted specific Khmer Republic names. 664

269. Khmer Rouge cadre also killed transferees for perceived acts of resistance or disobedience, no matter how minor. One civil party remembers: "Some people who did not follow [the Khmer Rouge's] orders by traveling on different paths were shot dead.,,665 Another recalls what happened when the cadre discovered a locked home during the forced transfer: "they shot the lock, and when the peple came out, they shot the people to death. ,,666 270. Numerous civil parties report seeing dead bodies over the course of the forced transfer. 667 One civil party evacuated from Phnom Penh notes "[I] saw corpses. [I] saw a corpse in every four or five steps 1 walked. ,,668 Civil parties report having seen the dead bodies of all types of civilians, including infants and children, women, the elderly, and monks and nuns. 669 A civil party recalls, 1 saw a lot of dead people­ among them were monks. 670 Civil parties also confirm that no provisions were made to allow for funerals or proper disposal of these bodies: "No one t[ook] care of the corpse or organize [d] any funeral at all. [ ... ] the corpses [ ... ] were in the ditch or on the roadside.,,671 iii. Arrests, Imprisonment and Disappearances during Forced Transfer 27l. Numerous civil parties report the arrest, imprisonment and disappearance of transferees during the forced transfer. 672 Those believed to be affiliates of the Khmer Republic were the target of arrest and disappearance during the forced transfer from Phnom Penh. 673 Civil parties frequently report seeing "government soldiers were tied

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up and marched along.,,674 Other civil parties report that their family members were forcibly transferred from the city, but that they have never learned more about their fate: "Since [my parents] evacuation, I have not had any news whatsoever from them. They are still missing. ,,675 iv. Beatings, Rape, Torture & Other Forms of Mistreatment & Humiliation 272. Civil parties describe beatings, torture and other acts of mistreatment and humiliation carried out against transferees in the course of the forced transfer from Phnom Penh. 676 One civil party reports that "One of my elder sibling in-laws, MIENG Hong, was recognized as a former LON Nol soldier and was beaten with a gun along the way. ,,677

v. Families Were Separated & Prevented from Reuniting 273. Beginning in Phnom Penh and continuing throughout the forced transfer, transferees were separated from or lost their family members in the masses exiting the city.678 A civil party recounts the wrenching experience of one father: one man, [ ... ]. He was walking an opposite direction and he was shouting that he lost his children and when he approached the Khmer Rouge soldier who was standing, he asked for [ ... ] permission to return to find his children but the Khmer Rouge soldier shouted back at him to move ahead. Otherwise, he would be dead, and he used that word 'dead.' [ ... ] that man was on his knees begging the Khmer Rouge soldier, and the Khmer Rouge soldier hit his back with his rifle, then the man fell on his face on the ground. 679 274. Civil parties report losing family members along the road or seeing lost children, or abandoned family members. One civil party recalls "Some young children were crying as they had lost their parents and looked pitiful.,,680

vi. Lack ofAdequate Transportation & Exhaustion 275. As noted earlier, transferees were expected to travel often great distances most often on foot, regardless of their age or physical condition. 681 For many, this resulted in, illness and physical injury.682 One civil party notes that she saw people who had passed out from exhaustion and dehydration.,,683 vii. Lack of Shelter, Food, Water & Medical Attention 276. Taking place at the hottest time of the year, even the most vulnerable of the city's residents, including children, the elderly, hospital patients, the infirm, pregnant women and the disabled, were forced out of Phnom Penh. Transferees were exposed to

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the elements both during the day and night. 684 As one civil party describes, "we faced lots of difficulties and hardships, as my children were still so small, and we had to walk in bare feet, in the absence of any means of transport, under the hot sun and without sufficient drinking water. ,,685 Having been rushed out of the city without the opportunity to properly prepare and on the open road, many were left without protection from the sun, rain and cold. 686 As one civil party, who was forced out of Phnom Penh alone with her three young children remembers, "the rain poured down heavily. There was no shelter, so I hugged the child under my chest and used my back to cover the rain. The heads of my two other children also leaned under my chest. ,,687 277. Transferees were also without adequate food and clean water. 688 A civil party recalls, "we did not have water to drink, we had to drink water from the pond [ ... ] there was very limited water. 689 In some cases, especially among children, this led to starvation and illnesses such as dysentery. 690 278. Hospital patients and the infirm were forced out of the city did not have any access to medicine or medical care. The long journey often led to exhaustion.691 Others, in the course of the journey, became ill or injured from the difficult conditions. As one civil party recalls, "[My husband] sometimes had a fever and sometimes, diarrhea. As we did not have any medicine, I picked and boiled guava or kapok leaves for him. I also received some rabbit-dropping medicine.,,).692 279. Pregnant women were not provided any assistance for care and were left to give birth to their children in along the way, in unsanitary and unsafe conditions.693 As one civil party states "Some pregnant women had to deliver their babies on the way. After the delivery, the Khmer Rouge forced them to continue traveling, making some pregnant women and the babies die on the way, because they could no longer bear the hardship. Some women had to leave their babies after delivering them, making the babies be completely covered by ants. ,,694 The stress of the ordeal caused other women to miscarry along the way. 695 viii. Anguish & Severe Psychological Reactions 280. The suffering experienced by the victims of forced transfer sometime provoked serious psychological reactions. 696 As one civil party describes, "Some were separated from their children, and some cried and peed unconsciously. Children were crying out for their parents, and parents were shouting for their children.,,697 Another civil party describes that "People were frightened and suffered considerable mental anguish at the

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prospect of being separated from their families, their husbands, wives, and children. ,,698 ix. Death as a Consequence of the Inhumane Conditions of the Forced Transfer 281. Civil party evidence suggests that numerous transferees could not withstand the conditions of the forced transfer and died as a consequence. 699 The sick and elderly who were not able to endure the inhuman conditions died or had to be abandoned by their families. 70o As one civil party reports, "Some elderly could not walk, so they slept on the roads. Some even died there.,,701 Another recalls, "people could not stop and wait for their old and sick family members who could no longer walk. People were ordered to leave their old family members [behind].,,702 Others could not endure the exhaustion, exposure to the elements and the lack of food, water and medical care. b. Conditions on Arrival i. Discrimination & Persecution against "Enemies" of the CPK 282. On arrival, transferees were treated as new people and subjected to persecution, discrimination and inhumane conditions that they had experienced during the forced transfer. As once civil party remembers "the base people there [ ... ] they expressed[ ed] hatred against us. And they made us work without providing any tools and they blame[ d] us for being 17 April people, for being bad people. ,,703 ii. Investigation, Registration & Categorization 283. Once transferees had arrived at fixed locations at cooperatives, it was possible for Khmer Rouge cadre to even more systematically register, investigate and monitor the new people in their midst. On arrival, transferees were required to register their names on separately kept lists of new people. Khmer Rouge cadre also took the opportunity to interrogate the newly arriving transferees and require them to prepare biographies. 704 As during the forced transfer, Khmer Rouge cadre continued to engage in ploys to trick transferees or their family members to divulge details of their backgrounds. 705 284. Khmer Krom transferees felt the pressure to void detection by the Khmer Rouge cadre. As one civil party recalls: "I had to hide my identity as a Khmer Krom. I felt that I would be killed and concealing my identity would spare me.,,706 This is echoe by another Khmer Krom civil party who concealed his identity in order to escape being killed. 707 iii. Arrests, Imprisonment, Disappearance & Killing on Arrival

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285. The execution of affiliates and suspected affiliates of the Khmer Republic continued with their in the cooperatives. Regarding his father who had been a Lon Nol soldier, one civil party recalls, "Ten days after our arrival, a Khmer Rouge cadre came to call him to go, and he disappeared since.,,708 Just as during the forced transfer, soldiers, civil servants, intellectuals, and family members were targeted. 709 Even soon after arrival, some transferees were warned that Khmer Rouge cadre and militia killed the people they believed to be connected to the Khmer Republic710 and civil parties widely report continued killing of these groupS.711 286. Likewise, once Khmer Krom transferees arrived from Phnom Penh and elsewhere in cooperatives, they were "rounded up in different locations [ ... ] and were all killed; they accused them of being Vietnamese. But in reality, they were not because they had resided in Cambodia for a long time.,,712 The Khmer Krom were separated from their central Khmer spouses and killed. Children of mixed central Khmer-Khmer Krom families had to choose between death alongside the Khmer Krom parent or forced separation from him/her. 713 A civil party's Khmer Krom wife and 6 children were screened, rounded up and killed. Shortly thereafter, he was forced to marry a central Khmer woman whose Khmer Krom husband had been similarly executed.714 Another Khmer Krom civil party recounts "We did not know our fate actually. On that day, 1 wanted to join with that team as well, but some people told me that 1 must not join that group. And then the next day later, that group of people were [ ... ] executed. ,,715 287. Khmer Krom were rounded up and sent to detention centres. "I was arrested and tied and sent to the detention centre in Veal Village (Bakan District, Pursat province). They hit me on the back as well as electrocuted me until 1 passed out. Sometimes they used plastic bags to cover my head and poured water on to it to make me suffocate .. .! remember that they tortured me for 21 days.,,716 Accused of being a "hidden enemy," they were imprisoned, tortured, raped, and ultimately executed. 717 At these prisons, Khmer Krom were rounded up "to dig their own pits and later on, they were killed [ ... ] and it happen[ ed] around 6 or 7 p.m. so that not many people could observe that.,,718 288. Arrests, imprisonment, torture and disappearance of transferees were also commonplace on arriva1. 719 As one civil party describes, "when we had arrived at Kampong Tuol, immediately my husband was separated from me by the Khmer Rouge and I did not know where he had gone."

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iv. Beatings, Torture & Other forms of Mistreatment 289. On arrival in villages, new people and affiliates of the Khmer Republic, were subjected to beatings and torture as well as other forms of mistreatment. As described by one civil party: " [My father] once was a soldier with a rank of captain. He was arrested, beaten and detained. They interrogated and severely tortured him until he died at the back of the village.',no Another civil party recounts the infections she developed from the beatings she received: "[she] developed infections on the legs from beatings and performing forced labour. She wrapped her hands and legs with dirty linen; worms were eating away at her flesh. She still carries scars; her brother was nearly beaten to death, is now a living dead, and has lost all sight in one eye. »721

v. Lack ofAdequate Housing & Segregation 290. The new people arriving from Phnom Penh often had to construct their own shelters or were provided inferior housing. A civil party recalls that "At that time, I did not have any mat; I slept directly on the ground. I thought to myself why I had to sleep on the ground like this and I was thinking to myself as to when I would be able to return back to my original state of living condition.,,722 New people arriving from the forced transfer were most often quickly and systematically grouped and segregated to live apart from base people. 29l. Transferees also report being segregated from base people and forced to live in separate communities or remote areas: "people were separated and made to live in various places based on their individual backgrounds.,,723 vi. Lack of Food, Water & Provisions 292. Transferees arrived at the cooperatives without foods stocks or cooking utensils and supplies. The food ration available to new people was less and of lower quality than that available to base people. 724 A civil party remembers a ration of "A can of rice was shared among six to eight persons per meal. Her Unit Chief said, 'new people' would be eliminated completely by rice grains rather than sticks.',ns A civil party describes the situation after she arrived at the cooperative: "we are human beings; we received a ration of a can of rice shared with four people [ ... ] so we had to pick leaves and wild leaves to eat. My sister's body was swollen and mine was swollen toO.,,726 293. In many cases, transferees were forced to barter whatever remammg possessions they had in order to eat, supplement their diets or obtain cooking utensils

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and supplies. To have more food to eat, a civil party explains that "we could make use of the rice we brought along with us and we could exchange the - we could ask people who fed the pigs, you know, with food, to exchange the food for human beings.,,727 Hunger and starvation were such that transferees resorted to eating anything they could: "Chau Suon got diarrhoea, and when Chau Suon's father got a sweet com and -­ then he offered it to Chau Suon. Chau Suon got diarrhoea. He ate the sweetcom, but then all the same com had, you know, passed out and he had to really make use of his own faeces with the com again. He ate his own excrement.,,728 Many transferees

suffered from starvation and poor nutrition. 729 vii. Lack of Medicine, Medical attention & Exhaustion

294. Civil parties arrived at the cooperatives III very poor physical and psychological condition. One civil party explains that "my child had chronic diseases, dysentery and rectal bleeding since we left Phnom Penh .... there was no medication for her treatment.,,73 0Adequate medicines and medical care were not available in the cooperatives. 731 One civil party "delivered a baby boy, without receiving any medical care or food".732 Civil parties report that the treatments available were inadequate and that "rabbit dropping tablets," injections of coconut juice and other homeopathic medicines were given without any diagnosis or prescription by unskilled and untrained Khmer Rouge medics. 733 In some cases, the treatments provided did provided no benefit or worse, sometimes even hastened death. A civil party recalls that "When the young children were sick there was nothing for their treatment except the rabbit pellet. Whatever diseases or conditions they were in, the only treatment for them were the rabbit pellet or the pellet drop. That kind of pellet was given to all the peasants and nothing else. [ ... ] Based on what I saw, because when my nephews who got serious diarrhoea they took that rabbit pellets tablets and three hours later they died.,,734 295. The harsh work assignments and intensive labor that the new people were subjected to led to severe exhaustion and other physical ailments. 735 One civil party recalls "Because of malnutrition stemming from an insufficient food regime, my child became sick and suffered from oedema.,,736 The emotional toll of these circumstances weighed heavily on the transferees: "Due to so much pain and regret hearing the news my father had been taken away, my mother became sick and died at Doun Tri Hospital, in Doun Tri Commune, . »737

V111. Family Separation

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296. Civil parties were often separated from their families when they arrived in the cooperatives. 738 As described by one civil party, "when we had arrived at Kampong Tuol, immediately my husband was separated from me by the Khmer Rouge and I did not know where he had gone.,,739 Another civil party reports that "As soon as we arrived there, the Khmer Rouge group segregated us: the elderly, in one group, children, in another group, and women in another. I was separated from my husband and children.,,74o ix. Death as a Consequence of Inhumane Treatment 297. Many transferees, already weakened from their arduous journey during the forced transfer and exacerbated by the hostile conditions and overwork imposed on them in the cooperatives, died in the weeks and months after arrival. 741 As noted by one civil party, "I saw them carrying human corpses away every day. In one day, 2 - 3 carts of corpses were carried. In one cart, there were 2 - 3 corpses. Most of the dead were those who had been evacuated from Phnom Penh." A civil party remembers that "[her] younger brother, named KIN Thang was only three years old. He died in the village due to the long journey, insufficient food and unavailable medical treatment.

1. Planning of the Forced Transfer Policy 298. The decision to evacuate Phnom Penh upon capture was made by senior Khmer Rouge leaders as mentioned several times during the Central Committee meetings. 743 A former CPK soldier notes: "The army convened a meeting to talk about how to topple Lon Nol's regime and the plan to evacuate the people. The meeting about the evacuation was held about one month prior to the fall of Phnom Penh. The order was given to force all people to leave all cities and townS.,,744 Nuon Chea has admitted that "A few years ago, I already testified that after the liberation day of the 17th of April 1975, all city dwellers were evacuated, and it is obvious.,,745 299. Senior CPK leaders ordered the evacuation of Phnom Penh and disseminated this order to lower-level CPK commanders and soldiers. As one witness describes, a meeting that was held among CPK commanders instructing them that they should hold meetings with the troops under their command in order. A former CPK soldier states that "It was an order from him, an order to the soldiers to evacuate the whole population of Phnom Penh and that the population had to be moved out of Phnom Penh, and they could only be returned after seven days so that the city could be cleaned. ,,746

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B. MOVEMENT OF THE POPULATION FROM THE CENTRAL (OLD NORTH), SOUTHWEST,

WEST AND EAST ZONES (PHASE 2)

300. Within the single consolidated group of civil parties, three hundred and fifty one (351) were declared admissible "in the context of the Movement of the Population from the Central (Old North), Southwest, West and East Zones (Phase 2)" at the pre­ trial stage by the Co-investigating judges and a further twelve (12) were declared admissible following their appeal before the Pre-Trial Chamber. However, the Co­ investigating judges interviewed only nine (9) of them and thirteen (l3) testified at trial on these specific facts. Amongst these 363 civil parties, 246 are direct, eyewitness victims of the facts. The factual findings hereunder are solely based on the evidence gathered from those civil parties.

1. Planning of the forced transfer policy 30l. Evidence shows that the evacuation of Phnom Penh and the subsequent forced transfer to the North and North West Zones was part of a broader plan or policy by the Khmer Rouge. What has been referred during the substantive hearings as "the second phase of forced transfer" was decided following a visit of the CPK Standing Committee to the North and North West Zones around august 1975. 302. The minutes of this visit indicated "the labor force must be increased. Three or four hundred thousand more would not be enough. The current strength of one million persons can only work 50 percent. It's imperative to add four or five hundred thousand more.,,747

303. One month later, the CPK decided in a September 1975 Party document that "a permanent solution to this problem had to be effected starting in November 1975 and adjusted to production requirements" by forcibly relocating 500,000 people to the Northwest, 20,000 to and others to Kampong Thorn in the North Zone and certain sectors of the East. 748 In addition, according to the same document "new people" needed to be "relocated out of areas where temporary over-concentrations of them had resulted in food shortages.,,749

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304. What followed is the massive and systematic forced transfer and relocation of hundreds of thousands of civilian Cambodians-and in particular "new people" or "17 April" people who had already forcibly evacuated from Phnom Penh - in inhumane conditions and under the strict orders, and monitoring of Khmer rouge cadre and personnel. Evidence from civil parties show that the forced transfer was the implementation of an intentional and planned policy involving large scale methods of transportation, strict obedience to the Khmer rouge chain of command, coordination between Khmer rouge cadre and personnel in charge of registration, monitoring and dispatch of the evacuees. During the forced transfer and at arrival, forced evacuees lived in extreme and inhumane conditions with little or no food nor water. Many died because of the lack of medicine, exhaustion and starvation. In addition, forced evacuees and in particular new people were considered as potential enemies and were re-educated, detained, shackled, tortured and sometimes killed. 305. Evidence clearly shows that while the official policy was based on agricultural justifications, the reality was a regime that treated the forced evacuees as cattle, starved them to death or exhausted them through forced labor when they were not simply killed for not following Angkar's line. 17 April people were specifically targeted, persecuted and victims of a special regime which led the civil parties to consider that the Khmer Rouge, under fallacious reasons, evacuated the 17 people simply in order to eradicate them.

2. Date and location of departure 306. According to the evidence given by the civil parties the second phase of forced transfer took place from September 1975, continuing into 1976 and sometimes as late as into 1977.750 307. Implementing high-level CPK orders, the Khmer rouge cadre and personnel forcibly transferred people from the Central and Southwest Zones and parts of the West and East Zones in the provinces of Kandal, Kampong Thorn, Takeo, Kampong Speu, Kampong Chhnang and Kampong Cham751 to the provinces of Battambang and Pursae52 as well as Siem Reap and Banteay Meanchey.753 The journey ranged from a few days to several weeks during day and night. 754 308. It is difficult to provide precise figures regarding the number of people who were forcibly evacuated starting in late 1975 to the North and North West Zones, however civil parties describe as many as thousands of people being forced to evacuate at one

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given time. 755 They describe boats, trains and trucks packed with people 756 and being squeezed like animals (see below). 309. People were separated into groups when departing757 or at arrival (see below). However, no distinction or special care was given to elderly people, children or pregnant woman/58 on the contrary (see below). Different categories of people were forced to evacuate however the vast majority were 17 April people, new people or assimilated such as Khmer Krom,759 former Lon NoC6o as well as Chams families. 761 310. Concerning the Khmer Krom, the CPK targeted this group who were formerly Lon Nol soldiers or otherwise associated with suspect political groups for persecution.762 In 1977, in Kiri Vong district, Takeo province, one Khmer Krom civil part/63 witnessed three truckloads of the Khmer Krom White Scarves 764 being killed. "They (said) they wanted to meet Khieu Samphan. 311. The next morning, after their meal, they were assigned (by the DK forces) into trucks and brought in groups of twenty to Wat Preatheath. I heard the sound of weapons being used. The second batch sensed the place they were being brought to was not good and started to jump off the truck. But all of them were shot.,,765 312. Civil party evidence shows that not everyone was forced to transfer. The local Khmer Rouge cadre and personnel selected the individuals who were to be forcibly relocated. Demonstrating the clear planning and implementation of the policy of forced transfer several civil parties described that they were screened and registered or had to wait for their names to be called out before getting on the train 766 or boarding the boat. 767

3. Reasons given to the population 3l3. No comprehensive or unique justifications were given by the Khmer Rouge to force the people to evacuate. Some were told that were being sent to an area where there was more food768 or fertile land769 while others were told that they were sent to work in cooperatives. 770 314. Many civil parties were given no reason at all 771 or no indication about where they were being evacuated. 772 Left in ignorance, many civil parties describe the increasing atmosphere of fear and threat: "in constant fear. I did not know what would happen to me and my family.,,773 315. The 17 April people on the other hand were the victims of an organized and planned lie which consisted in the Khmer rouge making them believe that they were being

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transferred back to Phnom Penh while they were, instead, sent to Battambang or Pursat Provinces (see below). 316. Civil parties were not told whether the forced transfer was temporary or permanent. One civil parties describe that the Khmer rouge said they would leave temporarily, come back the following day774 or in three days and that they we would be allowed to return. 317. The fact that forced evacuees were not allowed to bring any valuable belongings including cooking tools,775 except for a few sets of clothes 776 shows the Khmer rouge intentional kept the population in ignorance about their future fate once at destination and misled them about the temporary nature of the forced relocation. The evidence gathered by the civil party testimonies shows that none were ever able to return before January 1979.

4. Evidence of specific persecution and repeated forcible transfer of new people a. Discrimination between "base people" and "new people" 318. It appears from the analysis of the civil party evidence that the second phase of forced transfer specifically targeted "new people.,,777 Several civil parties described that this policy was to temper them778 as they were considered as traitors, capitalists or feudalists or have a connection with Lon Nol or the CIA.779 "Their intention was to eradicate us so that new born people would have new ideas following Angkar's thinking." 780 319. \Several civil parties corroborated that there was a clear discrimination between the "base people" and the new people and that they were told that only but all "17 April people" would be required to evacuate781 while the old people could remain in the village. 782 Corroborating the civil parties, the leader of a Khmer rouge unit declared in a meeting where a civil party was present "that there would be the second wave of evacuation of the 17 April people.,,783 320. To do so, Khmer rouge were searching villages for 17 April in order to register them. 784 They organized meetings to inform them that they were being forcibly evacuated. 785

b. Khmer rouge orchestrated a wide scale lie to mislead new people into forced evacuation

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32l. Evidence from civil party applications and court testimonies show that the Khmer rouge purposely lied to the 17 April people to justify the forced evacuation by misleading them that they would return to Phnom Penh. A large number of victims of the second phase of forced transfer were victims of the forced evacuation from Phnom Penh on or around 17 April 1975.786 Several civil parties therefore describe being forcibly relocated for the second time after living in a temporary location between three and 6 months approximately.,,787 322. In general new people would be called to attend a meeting during which their names would be registered788 and Angkar leaders would make announcements that those who left Phnom Penh would be allowed to return: 789 "It is time for you city people to go back to your city (Phnom Penh) .,,790 323. But no one was ever taken back to Phnom Penh and were instead evacuated by boat and train to Battambang, Pursat or Siem Reap Provinces. 791 "We had no choice because that was the direction of Angkar that we had to go. All the New people had to go." 792 One civil party amongst many others described the implementation of this fallacious justification: "We were transported by the Khmer Rouge across the city, by the Royal Palace, where we saw the tranquility of the ghost-like city with no one visible except the Khmer Rouge soldiers standing on both sides of each street. The trucks carrying the people did not stop in Phnom Penh city. Instead, they continued up to Battambang Province. When arriving at the Battambang Centre Market, the Khmer Rouge told the people to catch a train to continue their journey to the District of Serei Saophoan were there were more than 10 tractors waiting for us. We were told to get on the tractors and continue our trip to Siem Reap's .,,793 324. A civil party who was instructed to follow the truck heading to Phnom Penh with his personal car met a man who told him in confidence that those people were not sent to Phnom Penh but were sent to be killed. 794 Informed of the orchestrated lie, this civil party still had no choice but follow Angkar's order to evacuate. Loaded on a boat to Phnom Penh, a man who was about 30 years old shouted "Bravo, we arrive in Phnom Penh" This person was called by Khmer Rouge outside and shot down. 795

5. CPK Coercion and control over the forced transfer a. Control and implementation of the forced transfer by CPK cadre and personnel at departure and during the forced transfer

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325. Khmer rouge cadre and personnel informed the people of Angkar's decision to forcibly relocate people,796 implemented this decision and supervised the population at departure and reception stages as well as during the journey.797 One civil party describes that prior to the forced transfer, the Khmer rouge held a meeting to inform the people that they would be relocated in the North or Northwest Zones in Battambang or Pursat provinces 798 demonstrating the implementation of the policy that had been decided at the highest level. 326. During the forced transfer for example, armed militia were present on the river banks to instruct the people to go on the boat and on the boat there were two armed guards at the front and two at the rear. 799 The Khmer rouge would wait for the forced evacuees to take them by truck or oxcarts to their final destination. One civil party describes that "on each cart, there was a unit chief wearing a black shirt and black trousers, rubber shoes, and scarves around their necks.,,80o Khmer rouge were awaiting evacuees at destination and charged with dispatching them (see below).

i. Khmer rouge exercised coercion & duress 327. The population had no choice but to follow the orders of the Khmer Rouge to evacuate. Several civil parties describe that they were threatened of being arrested801 , held responsible for their own conduct or even killed802, if they would not follow the order to evacuate803 . "It was an absolute order.,,804 328. Khmer rouge were in possession of lists coming from the CPK highest level, which were subject to no appeal or argument. 805 A civil party declared to the Court: "Thien [chief of the village] had a list and he told us "we have received this list from Angkar Leu, and you are on this list to leave. [ ... ] I cannot do anything. The order comes from above. Angkar Leu has decided [ ... ]. You must leave, you have no choice. You will not return to Phnom Penh, you will never return to Phnom Penh. I don't know where they're taking you". 806 329. Similarly, during the forced transfer the Khmer rouge exercised duress and threat making it impossible to run away, "they guarded the door of the wagon and they used wooden pole to block the door as well" described a civil party.807 The atmosphere of threat was omnipresent a civil party describing for instance that he would never let his children "make any noise at night because 1 was too worried they might be killed by those soldiers."808

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330. At arrival, forced evacuees were under constant watch by the Khmer Rouge cadres and feared that we they be taken away for execution if they did not obey the instructions and orderss09. According to a civil party "all of the people who were leading the villages spoke in the name of Angkar and took the decisions in the name of Angkar."SIO 6. Methods of transportation to destination and conditions 33l. The second phase of forced transfer was planned and nation-wide methods of transportation had been organized in order to implement Angkar's policy. All civil parties were transferred in a similar manner and have corroborating testimonies of their journeys to the North and Northwest Zones. To implement the decision of forcibly relocating hundreds of thousands of people the Khmer rouge had organized transportation, which in the vast majority of cases involved being transported by boats, trucks and trains. Most civil parties were forcibly evacuated by boat to Phnom Penh and taken to the railway station to Battambang or Pursat. S11 In addition the Khmer rouge used oxcart,S12 tractorS13 or requested the people to wals14 332. A Civil party describes that "everything was very highly well organized and highly structured and monitored."s15 The evidence stemming from civil parties testimonies indeed show that the implementing the Khmer rouge decision to relocate people to the North and North West Zone was organized from the top to the bottom line of the Khmer rouge structure. 333. To reach their final destination in Pursat and BattambangS16 Provinces, a very large number of people were moved by trains 17 departing from a railway station near Phnom PenhS1S . Many civil parties had to make the journey walking and then by boat to finally reach the train station in Phnom Penh. S19 The trains were packed with people, animals and random belongings. S20 According to a civil party, people were "forcibly pushed or thrown on board a train, being treated like cattle, for a ride that would take two to three days before reaching the province of Battambang."s21 The conditions on the train were inhumane. "The wagons were not meant for people, it was for cattle or vehicle. So we were pushed into the wagon, when it was full they closed the door with a piece of wood and we were not allowed to relieve ourselves. [ ... ] We were in constant fear [ ... ]. S22" All wagons were guarded by armed Khmer rouge. S23 334. Whether solely or in connection with other modes of transportation, a large number of the forcible transfer also took place by boatsS24 Those boats could carry some 30 familiess25 or hundred of people. S26 Sometimes people had to wait for up to a week

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waiting for the ferry without drinkable water or food which led to people getting diarrhea and other sickness. No one dared going anywhere far given the presence and supervision of the Khmer rouge. 827 335. Civil parties also provided direct eyewitness evidence of being moved by military or civilian truck. 828 On the trucks, conditions were also very harsh with people squeezed at the back of the truck, including sick people who were left unattended.829 A civil party describes that "there were about 80 to 100 people per truck; we were standing, packed. And as you know, September 1975 was a rainy season, so sometimes we were soaked in the rain and we were dried by the heat of the sun.,,830 People were not allowed to relieve themselves831 Civil parties relate people being sick on the truck, being squeezed at the back of the truck but nobody cared. 832

7. Conditions during the second phase of forced transfer 336. The Khmer rouge implemented methods that aimed at increasing the climate of fear and vulnerability of the evacuees. People were separated833 whole families including spouses834 and children. 835 Most had no idea about their final destination. Civil parties describe a climate of fear in which "we were all very scared; we did not know where we were going and we bad been separated from our family members. 836" 337. The material conditions described by the civil parties during the forced evacuation were of an extreme nature. The evacuees were given little or nothing to eat or drink. 837 Some civil parties describe being only given some bread before being put on the boat838 or a rice box before riding the train. 839 There was no food or water840 to give to young children 841 or their crying children,842 breast-feeding mothers had not enough breast milk843 and people were led to drink from the pond or contaminated water when reaching a place. 844 338. Due to those harsh and inhumane conditions people got physically weak845 , exhausted, sick and many died on the wal46. Adults but also children died of mal nutrition, lack of food and water and no access to medicine847 . Tragically, civil party saw two her five children dying during the forced transfer simply because of the lack of food and particularly milk. 848 339. Exacerbating the already extreme violence in which the evacuees were treated, the Khmer rouge would, on purpose, give no consideration for those who died during the journey to the North and North West. On the contrary, dead bodies were thrown out of the train or left along the road. "People who took the journey died. Some of them died,

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and they were covered with white cloth and they were left along the road and we did not know whether they were young or they were old," said a civil party who eyewitness the scene. 849 340. During the train ride another civil party corroborated that "although they died, the train did not stop for them to be removed and placed outside. When someone died on the wagon, then the soldiers would push the dead body of the wagon because, to them, it was just a waste. ,,850 341. Civil parties also describe cases of killings including that of young orphans by the Khmer rouge: "I traveled by train to Pursat with my two children. There were many citizens on the train. I had no idea where they were from. Some children had lost their mothers and cried nonstop. The Chief of Squad threw them out through the train's windows. Seeing this, I hugged my children to my chest. The scene was extremely frightening. 851 342. In this climate of terror, forced evacuees arrived at their destination in the North and North West Zones.

9. Conditions on Arrival 343. Tens of thousands of displaced people were forcibly relocated '"unloaded again, like a herd of animals. 852 One civil party describes 2,000 being unloaded from the trucks and thousands of people already present with continuous arrival every day. a. Khmer rouge implemented orders of separating and dispatching people at arrival 344. At arrival people were separated into groups and registered. 853 Evacuees were awaited by armed Khmer rouge who closely monitored the newcomers and send them to different villages854, organizing them into different units based on marital status, sex and age855 , separating them from their families,856 questioning them on their biographies857 and instructing them to work in cooperatives. 858 a. Specific treatment for new people or 17 April people 345. People were classified into different groups separating the base people from the new people.859 Living conditions between the New people or the 17 April People were completely different. 346. At arrival, the Khmer rouge said to the civil party "henceforth, you are the New people, and we're the Old People. ( ... ) The Old People had found out who I was. They

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called me the old "barang" or my name, Affonco, became "Fonca" and I was harassed from dawn to dusk. ,,860 347. Several testimonies prove that new people were specifically targeted and had a special regime: "Angkar wanted to eliminate the entire social class of intellectuals. That was programmed. [ ... J They were intentionally letting us die of hunger. After each monsoon, they loaded up the rice stocks from the village, they left a minimum amount for us to have two bowls of soup or porridge per day, and they took all the rest away. [ ... J We were eating gruel and salt, and that was perfectly well organized. They gave us no treatment, no drugs, no medicines. That was on purpose. It was carefully premeditated and organized from A to Z.861 [ ... J We were turned into animals. We fought over scraps of food with their dogs, and their dogs had more to eat than we did. 862"

348. The testimony of another civil party who was considered to be a base people shows that conditions for non-new people were different: 863 "We were not treated the same. Food ration was not provided equally like they did so to the Base People for example,,864 ( ... ) "Base People or Old People, were offered some rice - steamed rice. But for the New people, we were allowed to eat only porridge or thin gruel. ,,865 349. According to civil party LAY Bony there was no objective food shortage but Phnom Penh evacuees were destined to be tempered and the Khmer rouge did not care whether or not they would die as a consequence of starvation or inhumane treatment. 866 "It had been planned in advance. As far as I was concerned, it was their way to very slowly kill US.,,867 testified one civil party before the Court. 350. Evidence shows indeed that the majority of those who died or disappeared were 17 April People. "In my area, the 17 of April People died in great number. They died of starvation or lack of food. ,,868 A civil party testified that because of the false accusation of being enemies by the base people and accused of being "a bad person", he "deserved to die ( ... ) I have been living with this trauma and have been admitted to the Khmer soviet friendship hospital every now and then to make sure I can move on with all the trauma ( ... ) I have been deprived of all my education, the dreams that I would like to be highly educated. These dreams were destroyed. ,,869 35l. Civil party oral testimony also confirms that the Khmer Krom were 'destined for smashing,.,,87o There was a nationwide campaign against the remaining Khmer Krom in Cambodia, which meant that even their non-Khmer Krom or Vietnamese spouses and small children were screened and killed. 871 "Only Krom were asked [to relocate].

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If they were married to a Vietnamese, both would be immediately killed". 872 When assigned to bury the bodies of Khmer Krom who had been executed, one Khmer Krom civil party overheard a DK cadre say that "for days we have killed thousands of the Yuon enemy". 873

b. "We lived like people out ofthe caves" 352. All civil parties describe very difficult conditions, deteriorating with time874 upon arrival in the North and North West Zones. They describe the living conditions as hell: 875 "We had no rice to eat. ( ... ) We no longer had any medicines. We had no hygienic products, either; no candles, no electricity, and no water. We lived like people out of the caves. 876" 353. Many evacuees were asked to settle in the middle of the forest 877 and had no or very basic housing878 . Several civil parties described that they had to build their own shelters. 879 Some civil parties even had had to sleep outside without any mosquito nets, with their whole bodies bitten by mosquitoes and insects. 880 354. All civil parties describe that there was an extreme shortage and most of time no food at a1l 881 and that even pigs were given more food than to human beings882 :"1 did not have anything to eat [ ... ] I had to eat worm, some kind of worms that were not edible and we were reduced to no human beings but monkeys. ,,883 355. There was no water884 "there was just a waterhole. [ ... ] it was with that water that I boiled water and cooked rice. And in that water, it was full of human excrement."

c. Death offorced evacuees as a consequence ofthe inhumane treatment 356. As a direct consequence of the above inhumane treatment, civil parties report cases of illness and death885 of their family members including children886because of starvation887 or exhaustion888 . According to PIN Yatai, amongst 5,000 people living in the camp in that forest, one third died: 889 "Every day, people died in the village. Every morning, they were hauling away a corpse. [ ... ] People died, every day, through lack of care, lack of medicines, because they were sick and nobody was looking after them, or of hunger and malnutrition, sickness, absence of food: ,,890 357. A Civil Party describes that when family members died, a CPK cadre would come to the house and say "here's one less mouth that we have to feed" and that they had to bury their own dead.,,891

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358. One mother saw her own son starving: "he begged me for food. He said he was starving, he could not stand anymore and he died in front of me starving:,,892 Assign to cooperatives,893 the force labor was extremely hard and people were not allowed to complain nor protest.894 Forced into labor while suffering from serious food shortage, a civil party described "We were given food twice a day, rice with a lot of water. I could count the grains of rice; there were so few of them. As of 1976, and especially in 1977 and 1978, forced labor became even harsher. Since then, I have been experiencing joint and back pain. I can no longer work with my hands. In fact, I am considered "unemployable. ,,895 359. There was no relief from the unrelenting labor. In his book PIN Yathay describes that "time was measured now by the numbers of deaths per day in the people around us -- four deaths, five deaths, sometimes as many as 10 deaths a day,,896. A civil party describes that her husband who was becoming blind because of exhaustion committed suicide. 897

d. Torture, arbitrary detention and killing 360. People were sent to reeducation898, imprisoned899 and killed on the false allegation of being "an enemy,,900 or part of the former regime901 . Forced evacuees were also the victims of torture, arbitrary arrest902 and enforced disappearances903 and detention if they refused Khmer rouge orders to relocate to another place904, were considered as not working hard enough,905 unable to complete a task906 or any fallacious subjective reason. Some civil parties were forced to marry, including after the death of her spouse and were beaten and imprisoned if the would refuse. 907 361. A civil party who was a child at the time testified: "When I lived in the children unit, I was tortured like an animal. I was beaten because I stole a potato. I stole a sugar cane because I was hungry as there was no food for me to eat. I was experiencing things that I never experienced before. I was badly mistreated. I was tied up. I was beaten and my eyebrow broke and the marks remain until today. ,,908 362. Another eye witnessed the killing of his family members by the Khmer Rouge clique: "I witnessed the killing with my own eyes. It was full moon and they were all armed and they fired 24 upon my family members. They threw my little brother into the air to be stabbed by a bayonet. And they warned me to - that I would also end up being executed, because they would not want to spare me because if I would leave I would take revenge at a later date. ,,909

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363. Khmer rouge also killed evacuees because they tried to help their family members who were starving. 910 Civil parties eye-witnessed scenes of extreme violence including torture and killing911 including the case of a women who was killed after being raped.912 364. One civil party eye witnessed three militiamen beating to death and naked woman with a hoe and a knife "When she fell down, the fetus in her abdomen was probably reacting, and then the soldier used a knife in order to cut open the women's abdomen,,913. The woman did not die and was asked to complete a task for the day otherwise she would be killed. As she was not able to accomplish the quota she was killed instantly and buried in the pit that she had to dig up by herself,914. She was then warned that if we committed any wrongdoing we would have the same fate as the women.915 365. During forced labor, civil parties eye witnessed Khmer rouge arresting, lining up and stabbing people with bayonets916 as well as "opening fire at those from the East.,,917 Civil parties also describe the existence of execution sites in Pursat in a place that people referred to as the "zone" where according to the guards who had turned prisoners approximately 100000 people had been arrested and executed between 1975 and 1977.918 366. "Shocked by the death of my close family members my spirit was taken away. My soul was taken from me,,919 367. The life long trauma of the crimes civil parties suffered or witnessed during the second phase of forced transfer and at destination are evident and largely documented in their testimonies. Civil parties describe their difficulties to live after such heinous and traumatizing events: "I have lost all my relatives, my siblings, and my parents. 1 have nothing more left. 1 have endured all the miserable things in my life. My difficulty, my misery cannot be put in words, it is indescribable" 920 368. After the death of her son and her mother who died in front of her, the civil party told the Court" 1 almost became crazy upon the loss of all my beloved ones [ ...] 1 no longer had any hope with me.,,921

C. TUOL Po CHREY EXECUTION SITE 369. Tuol Po Chrey was a former barracks of the Lon Nol military located on a hill adjacent to the western bank of the TonIe Sap River922 in the vicinity of Dkei Chhvit village, Srae Sdok commune, ,923 Pursat province and known as

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Phum Po Barracks. According to the administrative geographical locations of the Communist Party of Kampuchea, it was situated in Sector 7 of the Northwest Zone. At that location there were four grave pits and a pond. 924 As described below, large-scale killings of former Lon Nol soldiers and administration officers at that location occurred in late April 1975.

1. Plans for Killing 370. Shortly after the fall of Phnom Penh city and the surrender of Lon Nol military forces, Brigadier-General, Mey Sichan, broadcast an order over national radio that these soldiers to lay down their guns and carry the white flag of surrender. 925 CPK cadres and soldiers of the attacked, advanced and occupied Pursat province as a whole and areas surrounding Tuol Po Chreyon 19 April 1975.926 Two or three days later, there was a meeting led by zone secretary Ta Nhim927 and the Secretary of Sector 7, Ta Sot,928 regarding the plan to kill all soldiers, policemen and administration officials of the Khmer Republic in order to avoid future revolt or resistance. 929 37l. After the evacuation of the people to the countryside, approximately 500 people,930 including Pursat's Provincial Governor, former soldiers, police and officials of the Khmer Republic from every unit,931 were gathered up and summoned to a meeting at the Pursat Provincial Hall. 932 The purported objective of that meeting was to invite them to receive Angkar at Tuol Po Chrey.933 During the meeting, CPK leaders announced via loudspeaker that the attendees would be taken to attend a study session (reeducation)934 so that they could join the Khmer Rouge military ranks. They were told they would retain the same or higher positions as they held in the Khmer Republic regime. 935 372. Roughly 50 to 60936 CPK soldiers were deployed around the Provincial Hall to prevent participants from running away.937 These former officials, policemen and soldiers of the Khmer Republic wore civilian clothes,938 and, at the meeting, CPK leaders attempted to put attendees at ease by telling them that would meet King Sihanouk, so many left the meeting happy and unconcerned for their safety. 939 373. Prior to this last meeting, there had been several other meetings at which local CPK leaders shook hands with former officials and soldiers of the Khmer Republic, leading them to regard the CPK leaders with trust and without suspicion. 940 Most of the attendees at the meeting were summoned through the communications network of the Lon Nol military, commanded by General Prom Li Houn, who also served as

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Pursat Provincial Governor in the Khmer Republic regime. 941 Some of ranking Khmer Republic soldiers identified by witnesses to have attended the meeting include: Neang Chhum, Chhorm Chhum, Chhung Van, Hout Vern, Chhin Tak, Mey Sichhoun, Mean Pheng,942 and Nou Sok. 943 As well, seven or eight high-ranking CPK leaders, who were wearing black suits and armed with weapons, attended the meeting, in which Ta Sot, zone committee member, was present. 944 b. Transportation to the Execution Site 374. After the meeting, the approximately 3,000 soldiers and former officials of the Khmer Republic, including Provincial Governor Prom Li Houn,945 were transported by l3 to 15 white trucks946 to the old Tuol Po military barracks947 and to the Tuol Po Chrey execution site located nearby.948 Each truck was overseen by CPK soldiers949 and carried about 30 to 40 former officials of the Khmer Republic. 950 375. Before entering the Tuol Po Chrey execution site, the trucks carrying the victims had to stop in wait at the CPK guard unit, located at the former Lon Nol military barracks located in Po village,951 approximately l3 kilometers from the Provincial Hall and about ten kilometers from Tuol Po Chrey itself 952 The victims were driven to Tuol Po Chrey by two trucks at a time and killed shortly after soldiers on duty at the guard post heard by radio-telephone from the killing site that the next group would be allowed in. 953

c. In Preparation for Executions 376. When the trucks carrying the victims arrived in Tuol Po Chrey, the CPK soldiers shouted to the victims via loudspeaker, "Comrades, don't be fearful because you all remain bad elements; our Angkar does not yet trust you, so you are required to be tied-up before going to meet Samdech Ouv." After that, they tied-up all the victims, linking them together, and walked them to the killing site where a nearby dam prevented the victims from seeing the bodies of those who had been killed earlier. 954 377. Upon reaching the dam, the victims were extremely shocked and loudly cursed the CPK soldiers when they saw fresh dead bodies in the mass grave pits.955 The CPK soldiers fired on the victims whose hands were tied-up, producing the repeated sound of "Phong Phong" until finishing them off. 956 The victims died instantly, having been shot in the head and chest, while the blood from their injuries generated a pervasive bad smell throughout the forest in the area. 957 The former commander of the Po

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Village Barracks, Bil, and the deputy commander, Run, were decapitated and their heads put on wooden sticks and thrown at the killing site. 958

d. The Executions and Their Aftermath 378. The CPK army spent the whole day shooting the victims, from morning to the evening.959 Through radio communications, one witness learned that some of the intended victims managed to run away960 and disguise themselves in local villages until they were discovered, captured and killed by CPK soldiers about one week later. 961 379. After the executions, the bodies of the victims were bulldozed and buried in four mass graves of about 10 square meters and a pond. 962 CPK forces used a bulldozer to clear and bury the bodies that had laid piled on one another for two or three days after the executions.963 According to the estimate of one witness, there were approximately 8,000 to 9,000 corpses at the Tuol Po Chrey site. 964 380. Several civil parties recall, in detail, the events leading to the loss ofloved ones at the Tuol Po Chrey execution site. One woman indicates that her husband, "a former Lon Nol soldier, was called to a study session and taken by the Khmer Rouge to the Provincial Hall by truck at 10 a.m. to be killed in Tuol Po Chrey. She heard gunshots at Tuol Po Chrey.,,965 38l. Another civil party reports that: "when the black-clad liberation army had occupied the Pursat provincial town for several days, they announced that the people must leave their homes for three days to welcome Samdech Ouv and register for study sessions to get big positions. Then, they trucked those people to be killed in Tuol Po Chrey; many dead bodies were found there. ,,966 382. One civil party notes that: "after liberating Pursat province, Angkar announced that they were seeking Lon Nol administration officials and soldiers of the previous Khmer Republic to go to a livelihood meeting/study session. My younger brother, a Lon Nol soldier in the rank of captain, was taken by them to be killed in Tuol Po Chrey. ,,967

383. Civil parties also recall that after their relatives were killed at Tuol Po Chrey, surviving family members were targeted over the course of the regime as a consequence of their connection to those executed at Tuol Po Chrey: "The families whose husbands had been sent to take study sessions were called to meet their husbands at Phnom Bak,,968 and "[ ... ] my mother, younger brother and sister had been

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killed, adding that my mother had been accused of being the wife of a Lon Nol soldier [ ... ].Other people, [ J had been sent to be executed with my mother [ ... J Their respective husbands had been sent to study along with my father in 1975. ,,969

2. Planning and Awareness 384. Evidence suggests that the plan for the execution of former officials and soldiers of the Khmer Republic at Tuol Po Chrey was prepared in advance and carefully orchestrated by CPK leaders, having arranged solderis to gather up, guard, transport and execute the victims, and cover up the crime by burying the victims.970 The killing operation at Tuol Po Chrey was carried out by the battalion and regiment level CPK soldiers from Sectors 201 and 202 as well as the Northwest Zone Division.971 As indicated in both oral testimony and documentary evidence, Ta Khaeng participated directly in this operation. 972 385. Northwest Zone Committee Secretary MAUL Sambath, alias Nhim;973 Northwest Zone Deputy Secretary KUNG Sophal, alias Ta Keu;974 Sector 7 Sectary Ta Sot and Ta Kuy;975 as well as Northwest Division Commander, Ta Khaeng,976 all directly participated in the operation to smash former officials of the Khmer Republic and Lon Nol soldiers at Tuol Po Chre/77 execution site. 386. Former officials of the Khmer Republic and soldiers were deemed enemies by the CPK and swept away in line with the policies set by the Party Centre. Orders to send former officials of the Khmer Republic and soldiers for study sessions were received from the Centre.978 Prior to 1975, the army leadership in Pursat province had been to meetings and received plans from the Centre and disseminated them to the lower echelon.979 NUON Chea and KHIEU Samphan also used to receive telegrams reporting the determination of "former soldiers and officials of the Khmer Republic regime as enemies. ,,980 387. On 26 February 1975, through the National Congress of the National United Front of Kampuchea, Khieu Samphan made a decision before all mass organizations and representatives of the Khmer People's National Liberation Armed Forces regarding the smashing of seven traitors, top leaders of the Khmer Republic regime. 981 Khieu Samphan made many other public statements concerning the traitorous Lon Nol clique as well. 982 388. Between 1968 and 17 April 1975, Nuon Chea used to lead study sessions pertaining to the building of the Party, self-criticism and the need to "eliminate various

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exploiting classes.,,983 In 1976, Nuon Chea used to come to meetings and political trainings three times at the Pursat Provincial Hall. Each meeting lasted two days and was attended by those from the Zone and Sector echelons. During those meetings, Nuon Chea raised the plan to sweep away all internal enemies including soldiers and commanders with tendency toward the Khmer Republic era. 984

PART IV: LEGAL CHARACTERIZATION

A. INTRODUCTION 389. Following the Severance Order and pursuant to Article 5 of the Law on the ECCC, 985 the Accused are charged in this first case with the crimes against humanity of: murder, extermination, persecution, other inhumane acts though attacks on human dignity, other inhumane acts through forced transfer and other inhumane acts though enforced disappearances. Having analyzed the factual evidence and the role of the Accused in the CPK regime, the Civil Parties legally characterize the individual criminal responsibility of the Accused for the crimes in accordance with the charges below.

B. CRIMES AGAINST HUMANITY (ARTICLE 5) 390. Pursuant to Article 5 of the ECCC law, for an act to constitute a crime against humanity, certain jurisdictional elements needs to be fulfilled: 986 the specific offences must be committed 1) as part of an attack; 2) of widespread or systematic nature; 3) directed against a civilian population; 4) on national, political, ethnical, racial or religious grounds; and 4) the underlying acts were committed as "part of' the attack.

C. JURISDICTIONAL REQUIREMENTS 1. Widespread or Systematic 39l. "The term 'widespread' refers to the large-scale nature of the attack and the number of victims, while the term 'systematic' refers to the organized nature of the acts of violence and the improbability of their random occurrence.,,987 An attack, as defined by the Trial Chamber "is a course of conduct involving the multiple commission of acts of violence. ,,988

a. Widespread

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392. Given the large-scale nature of the cnmes committed and the number of victims affected, the widespread characteristic is clearly established. The attack encompassed virtually the entire Cambodian territory with the use of forced transfer against victims most likely numbering in the millions, as well as large-scale exterminations both during forced transfers and at the Tuol Po Chrey execution site.

b. Systematic 393. The killings and exterminations in Democratic Kampuchea were organized and, often, methodical acts of violence. Without the coordination of the leaders of the CPK, these acts would not have spontaneously occurred. Given the organized nature of the acts committed and the planning required in order to undertake such massive acts of violence, there is no doubt that they were coordinated well in advance and were not the random acts of individual members of the CPK. 394. Forced transfers were implemented using highly similar means and methods both in phases 1 and 2 and, more generally, throughout the country. The same is true for exterminations, particularly of affiliates of the Khmer Rouge regime, who were systematically sought out and targeted for elimination.

c. Attack 395. The evidence before the Chamber establishes that the Accused orchestrated an attack on the civilian population which was both widespread and systematic. The evidence establishes that there was an attack constituted through the evacuation of all cities and the concerted killings of Khmer Republic affiliates at Tuol Po Chrey. During both transfers there was course of conduct that involved the commission of violent acts including, but not limited to: murder, extermination, killings, beatings, and other inhumane acts.

d. Civilian Population 396. The Civil Parties give overwhelming evidence on the status of the victims and that the primary target of the attack was the civilian population. The evidence establishes that the entire civilian populations of all cities, towns and many villages throughout Cambodia were forced to relocate. The populations of these areas were predominantly civilian. The civilian victims of these forced transfers included children, women, the elderly, monks, and the disabled and infirm among others.

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397. As recognized by the Trial Chamber, the civilian population may include non- civilians without forfeiting its civilian character, as long as the population is predominantly civilians.989 398. The evidence establishes that this was the case at Tuol Po Chrey, were the vast majority of the Khmer Republic affiliates who were killed were former officers and soldiers in the military of the Khmer Republic.

e. Discriminatory Grounds 399. The evidence establishes that the attack was directed in furtherance of the CPK political ideology, which aimed at reshaping the Cambodian society and eliminating enemies of the revolution. In light of the scope of Case 002/01, as defined in the Trial Chamber's severance, we understand persecutions, particularly on religious grounds, could have been targeted against other groups, but in this context we propose persecution against affiliates of the Khmer Republic, Khmer Krom and new people.

f Knowledge ofthe Attack 400. In order for the specific offences to be part of a crimes against humanity, the perpetrator must have knowledge of the existence of an attack of widespread or systematic crimes against a civilian population and know that his acts fit into such an

attack. 990 401. The evidence establishes that the Accused knew of the attack. They were aware that the forced transfers and systematic targeting of affiliates of the Khmer Republic were being carried out as a matter of policy. The Accused were at the highest levels of CPK leadership with the concomitant access to information that that would have entailed. They also often stayed or visited locations where these policies had been implemented and were evident, such as Phnom Penh and the North and Northwest Zones, where forced transfers had taken place.

2. Underlying offenses a. Murder and Extermination 402. Murder requires the 1) death of a person; 2) as a result of an unlawful act or omission; 3) by the perpetrators; 4) that substantially contributed to the victims death and 5) that was committed with the intention to kill or cause serious bodily harm; 6) in the reasonable knowledge that the act or omission would likely lead to death. 991

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403. Extermination is characterized by an act, omission, or combination of each, that results in the death of persons on a massive scale; and was committed with the intent to kill persons on a massive scale, or to inflict serious bodily injury or create conditions of life leading to death, with the reasonable knowledge that the act or

omission is likely to cause the death of a large number of persons. 992 404. The evidence establishes that CPK forces at all levels of the party engaged in acts and omissions that substantially contributed to the death of victims both during the forced transfer and on arrival at destinations as well as at the Tuol Po Chrey execution site. These acts, ranging from individual and mass killing to other acts of severe violence were committed in many cases with the intention to kill, to inflict serious bodily injury or to create conditions oflife leading to death. The perpetrators were aware that their actions would likely cause the death oflarge numbers of persons.

b. Persecution 405. Persecution requires an 1) act or omission; 2) that discriminates in fact; 3) denies or infringes upon a fundamental right and 4) was committed with the specific

intent to discriminate on political, racial or religious grounds. 993 406. The evidence establishes that forced transferees suffered persecution on political grounds at the hands of the CPK forces. Discrimination against "new people," affiliates of the Khmer Republic and the Kampuchea Krom were carried out through the targeted investigation, surveillance, arrest, detention, disappearance and killing of members of these groups as well as the other discriminatory practices involving the withholding of food, water, medical assistance and the provision of inferior resources and conditions of life. These acts and omissions affected the fundamental rights of the victims, including the right to life, the right to privacy, the right to family life and the right to sufficient means to secure one's survival. The perpetrators carried out these acts with the specific intent to discriminate on political grounds.

c. Other Inhumane Acts 407. This residual category of crimes against humanity criminalizes acts of similar gravity to those that are specifically enumerated. The act or omission is sufficiently similar in gravity to other enumerated crimes against humanity; the victim suffered serious harm to body or mind or a serious attack upon his human dignity; the suffering was the result of the perpetrator's act or omission; and the perpetrator intended to

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inflict serious physical or mental suffering or commit a serious attack upon human dignity, or knew that his conduct was likely to cause serious physical or mental

suffering or a serious attack upon human dignity. 994 408. The evidence establishes that the Cambodian population suffered from the following inhumane acts:

1. the creation of inhumane conditions of forced transfer, in particular through lack of adequate food, water, medical attention, shelter, transportation and sanitation as well as conditions of overcrowding

11. physical violence during the forced transfer and on arrival at destinations

111. physical violence during and outside interrogation during forced transfer and on arrival at destinations

IV. the creation of a climate of fear which arose from ongoing threats and intimidate, experiences and witnessing unpredictable acts of torture, violence and killing, v. ongoing investigations, interrogations and accusations, particularly against "new people, which resulted in death and disappearances.

All the acts enumerated above are properly characterized as severe. The Accused intended to inflict serious harm and made not intervention to ensure that the harm would be averted.

d. Forcible Transfer 409. Forcible transfer requires that there must have been a forcible displacement of persons; from an area in which they are lawfully present; without grounds permitted under international law with the intent to remove the victim, which implies an intention that the victim cannot or will not return. 410. The evidence establishes that civilians were forcible displaced from cities, towns and villages where they were lawfully present. There are no legally sufficient grounds that would justify the forced transfers and the Accused had the clear intention to remove the victims from these areas with no possibility of return.

e. Enforced disappearance 411. Enforced disappearance require that the victim must have been deprived of his liberty or freedom through arrest, detention, abduction or other acts; the victim's

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disappearance must have placed him outside the protection of the law, i.e., he must have been denied recourse to applicable legal remedies and procedural guarantees; and the perpetrator must refuse to disclose information regarding the fate or whereabouts of the victim( s) or to acknowledge the deprivation of liberty. 412. The evidence establishes that forced transferees were routinely disappeared through arrests, arbitrary detentions and abductions carried out in the course of the phase 2 forced transfers and shortly after arrival at destinations. The victims were placed completely outside the protection oflaw in a context which the judiciary and any other means of legitimate legal recourse had been eliminated. Perpetrator's routinely refused to provide information about the fate or whereabouts of victims( s) or even to acknowledge the deprivation of liberty-instead relying on euphemisms or outright lies seeking to explain the victim's absence or mislead family members or other interested parties.

D. Individual Criminal responsibility: Commission via Joint Criminal Enterprise 4l3. The Civil parties argue that the evidence before the Chamber establishes that the Accused committed the crimes described in Part III as participants in the JCE described in Part II in its basic form. 995 The Accused participated knowingly and willfully in this JCE throughout its duration, together with others, including but to limited to, Ieng Sary and Ieng Thirith. Even if the Accused did not physically perpetrate all the specific crimes, they intended the criminal results. All of the charged crimes were perpetrated by persons the Accused or other members of the JCE used as instruments to commit the crimes. 414. Khieu Samphan and Nuon Chea participated as co-perpetrators in the JCE; they were fully aware and acted pursuant to the common criminal design and with the shared intent to bring about this common purpose and with the intention to perpetrate the charged crimes. The Civil Parties argue that all the elements of the basis form of a JCE are fulfilled. 996

PART V: CONCLUSIONS

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415. The probative weight of civil party evidence cited to in this brief clearly demonstrates the widespread and systematic nature as well as the immense gravity of the crimes committed against the Cambodian population starting before 17 April 1975 and continuing at least until 6 January 1979. Civil party evidence provides fIrst-hand accounts of the suffering endured by victims over the course of forced transfers phases I and II and at the Toul Po Chrey execution site. Futhermore, civil party evidence establishes systematic patterns of criminal conduct carried out throughout Democratic Kampuchea and guided by the fIve policies of the common criminal design of the CPK, undertaken with the intention to achieve a utopian agricultural socialist revolution regardless of the human toll. 416. Both Nuon Chea and Khieu Samphan admit the existence of these policies and, in many cases, have sought to defend them as necessary means towards achieving the CPK objective for socialist revolution in Cambodia. Unfortunately, in the interests of achieving truth and reconciliation in Cambodia and proving access to justice for civil parties before the ECCC and victims of the Khmer Rouge regime in general, the accused have refused to sit for questioning regarding their roles in perpetrating the crimes alleged in Case 002/0l. 417. In addition to contributing vital evidence to demonstrate the factual elements of the joint criminal enterprise and the crimes alleged in the Case 002/01, civil party evidence also describes the tremendous human suffering which resulted from the crimes of the accused. Through their evidence, civil parties describe how the forced transfers and executions at Tuol Po Chrey were carried out with extreme cruelty and often against the most vulnerable members of Cambodian society. They also detail the discriminatory practices and persecution carried out against some members of the population, particularly affIliates of the Khmer Republic, the Khmer Krom, and new people. This evidence lends important context to the manner in which the crimes were carried out and how these crimes have impacted individuals, families, and Cambodian society as a whole. 418. Over the course of the trial and, particularly, through the evidence of the civil parties presented in this brief, a clear image emerges of the how the common criminal design of the Accused was experienced by those who lived it. Hunger, fear, secrecy and absolute material dependence made the singular focus of each day the struggle to survive. Individual thought, agency and all modes of self-expression were subjugated

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to the collectivity. And, propaganda was communicated through the combative language of the Party. 419. The number of dead, coupled with the systematic and discriminatory acts committed during the Democratic Kampuchea regime have led many victims and observers, including journalists, historians, researchers and politicians, to qualify these acts as genocide committed against the Cambodian population. This spontaneous use of the term of genocide, regardless of its legal definition, must lead us to measure the importance and the gravity of the crimes committed as understood by ordinary Cambodians. It must lead us to measure the breadth and depth of the impact of the crimes on the Cambodian people. This is a very symbolic word for the public. 420. Genocide is not a charge in the present case and it's not a legal characterization sought by the civil parties at this stage; nonetheless, we take this opportunity to acknowledge the importance of this term and the importance of trying the accused for the crime of genocide in the next trial. 42l. The Court is on the verge of completing its hearing of the first part of the case against the senior leaders and those most responsible for crimes occurring in Democratic Kampuchea. At this stage, only the forced transfers of population and the Tuol Po Chrey execution site have been discussed and will be adjudicated, still leaving a large part of the facts not yet examined. The alarming situation of the ECCC and the age of the accused make it impossible to say with certainty that all the factual allegations in the Closing Order under the qualifications of crimes against humanity, genocide and war crimes will ultimately be examined and adjudicated. 422. Should this not occur, many victims will not have had the opportunity to see the facts of which they were victims debated, examined and, finally, adjudicated. This wholly unsatisfactory and painful outcome could be considered as a denial of justice by many victims. Many already have the sense that everything possible has not been done, despite the initial commitments of the UN and the Cambodian government, so that all the facts before the Court are debated in a complete and fair manner and a judgment rendered on their legal qualification. The civil parties wish to emphasize this feeling of disappointment and incompleteness hastened by the fact that they may be denied what they deserve: a final decision on all the facts. 423. However, the civil parties also want to emphasize that this trial, though still incomplete as it is, has brought them within its boundaries a partial answer to their expectations. Debates, discussions, testimonies, the participation of victims in their

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quality as a party to the proceedings were all positive contributions to the ascertainment of the truth. Things were said, explanations were suggested; they will be a form of truth, albeit partial and imperfect. 424. The civil parties are dismayed to see that the accused have declined to actively participate in this quest for truth and justice by sharing more of what they know with the Court. Their responses to victims are a reflection of their discourse during the regime, which they created and operated: tinted with lies, filled with wrote discourse simply intended to hide the reality of the crimes, punctuated until today with this obsessive fight against a multifaceted enemy. The Accused have thus expressed their continued denial of the humanity of the victims. The criminal actions of the accused were committed knowingly, without regard to the human consequences and in the service of a stubbornly built criminal ideology.

WHEREFORE, Civil Parties request that the Trial Chamber:

a) Consider the facts and evidence pertaining to the accused's guilt, as discussed herein, for purposes of the final judgment and an award on reparations; b) Find Nuon Chea and Khieu Samphan criminally liable for the crimes enumerated below as co-perpetrators and participants in the joint criminal enterprise described herein; c) Find Nuon Chea and Khieu Samphan guilty of the crimes against humanity of murder committed in conjunction with phase 1 and phase 2 forced transfers and killings at the Tuol Po Chrey execution site; d) Find Nuon Chea and Khieu Samphan guilty of the cnme against humanity of extermination carried out in conjunction with phase 1 and 2 forced transfers and killings at Tuol Po Chrey execution site; e) Find Nuon Chea and Khieu Samphan guilty of the crime against humanity of political, racial, and religious persecution in conjunction with phase 1 and 2 forced transfers and killings at Tuol Po Chrey execution site; f) Find Nuon Chea and Khieu Samphan guilty of the crimes against humanity of other inhumane acts through forced transfers committed in phases 1 and 2 as described herein;

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g) Find Nuon Chea and Khieu Samphan guilty of the crime against humanity of other inhumane acts for enforced disappearances committed in conjunction with phases 1 and 2 forced transfers; h) Find Nuon Chea and Khieu Samphan guilty of crimes against humanity of other inhumane acts for attacks against human dignity in conjunction with phases 1 and 2 forced transfers as described herein; and i) Sentence Nuon Chea and Khieu Samphan to a period of imprisonment commensurate with the gravity of their crimes and the measure of suffering and injury these crimes have caused civil parties and victims.

Respectfull y submitted,

Date Name Place Signature ., --', l ..-" t: ..... , PICHAng Phnom Penh ) / ;- / j Lead-Co-Lawyer .' / 26 .... ",-' September 2013 - "

Elisabeth SIMONNEAU-FORT '" Phnom Penh -- ;, Lead Co-Lawyer

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1 Pol Pot: The History ofa Nightmare, E3/9, 2004, ERN 00396201. 2 See Confidential Annex 1: Statistical Overview of the Consolidated Group of Civil Parties in Case 002/01. 3 Under Cambodian law, the participation of victims to the criminal trial is based on Article 2 of the Code of Criminal Procedure, which allows victims to take a "civil action" before criminal courts, in parallel with, and in addition to, the "public action" carried by the Prosecutors. These principles are reflected in Rule 23 of the Internal Rules, which Rules also expressly refer to the Civil Parties as a "Party" to the proceedings. See Internal Rules, Rev. 8, Rule 23 and Glossary. Despite the Civil Parties having the status of a party to the proceedings, however, a number of authors have voiced concerns against an impairment of their rights at the ECCC since the beginning of the trials. See, for instance, "Reduced Victim Participation: A Misstep by the Extraordinary Chambers in the Courts of Cambodia", David S. Sokol, 2011, Washington University Global Studies Law Review. 4Thirty-one Civil Parties from the consolidated group gave testimony during the trial proceedings in Case 002/01. They testified in relation to: historical background (2), communication and administrative structures (2), population movements and Tuol Po Chrey (12) and civil party impact (15). For more details on the civil party applications and the evidence contained therein, see Parts II and III, infra. On the probative value of these civil party applications, see Part I: C, infra. 5 Such as facts concerning child labour in the cooperatives, as described in Part II: C, infra. At the investigative stage, the Civil Parties submitted in 2008 the first Civil Party applications on sexualized violence outside of the context of forced marriage and on forced marriage, see Press release on first civil party application on gender­ based violence, at http://www.cccc.gov.kh/sitcs/dcfault/files/mcdia/PrcssRcleasc 1st civil patiy on Gcndcr Bascd Violencc.pdf. See also Phnom Penh Post, 22 October 2008, reporting the submission of four civil party applications raising forced marriage, at http://www.phnompcnhpost.comlindcx.php/2008l 02 122239/Thc-Post.blogs/ncw- forccd­ marriagc-complaints-bcforc-cccc.html. Civil Parties pushed beside of the submission of civil party applications through investigative requests for the investigation of sexualized crimes and forced marriages. See," [Redacted] Civil Parties request co-lawyers second request for investigative actions concerning forced marriages and forced sexual relationship", 15 July 2009, DI88 and "[Redacted] civil parties' fourth investigative request concerning forced marriages and forced sexually related crimes", 4 December 2009, D268. Finally the Co-investigating Judges issued a forwarding order to the Co-Prosecutors who eventually seized them with the investigation of forced marriages. Finally the widespread and systematic policy of forced marriages was included as rape and as forced marriage as other inhuman act into the list of charges against the Accused, which was a huge (but only interim) success for the civil parties who got for the first time the disregarded and neglected crimes of forced marriages acknowledged. 6 as defined in the ICTY case law, see for instance ICTY, Prosecutor v. Kunarac et aI., Case No. IT-96-23, Appeal judgment, 12 June 2002, paras 94 and ICTY, The Prosecutor v. Blaskic, Case No. IT -95-l4-A, Appeal Judgment, 29 July 2004, par.lO 1. 7 According to the established case law, "the consequences of the attack upon the targeted population, the number of victims, the nature of the acts, the possible participation of officials or authorities or any identifiable patterns of crimes could be taken into account to determine whether the attack satisfies either or both requirements of a 'widespread' or 'systematic' attack vis-a-vis the civilian population". See ICTY, Prosecutor v. Kunarac et al., Case No. IT-96-23, Appeal judgment, 12 June 2002, paras 94-95 (emphasis added). Confirmed by ICTY, The Prosecutor v Kordic and Cerkez, Case No. IT-95-l4/2-A, Appeals Judgement, 17 December 2004, par.94; ICTY, The Prosecutor v. Blaskic, Case No. IT-95-l4-A, Appeal Judgment, 29 July 2004, par.lOl; ICTY, The Prosecutor v Lima) et al., Case No.IT-03-66, Trial Judgment, 30 November 2005, par. 183; SCSL, Prosecutor v. Brima et aI, (AFRC Case), Case No.SCSL-2004-l6-T, Trial Judgement, 20 June 2007; ICTR, The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4, Trial Judgement, 2 September 1998, par 580. See also, in the context of the present proceedings, Prosecutor De Wilde's statement, T, E1!213.1, ERN 00935399, 26 June 2013 (noting that "it has been accepted by international tribunals that a policy can be established through certain conduct that is generalized on the ground, which shows that a policy necessarily exists at national level in order to be implemented everywhere at the same time by individuals who are not communicating with one another. We have the Kunarac Decision, it's an appeals decision before the [ICTY], paragraph 98").The same case law specifies that, to establish the chapeau elements of a crime against humanity, the demonstration of the existence of a policy or a plan is not a legal requirement. It is possible to prove those elements by reference to other facts, including, patterns of crimes. See ICTY, Prosecutor v. Kunarac et al., Case No. IT-96-23, Appeal Judgment, 12 June 2002, par.98; ICTY, The Prosecutor v Lima) et aI., Case No. IT-03-66, Trial Judgment, 30 November 2005, par.184. 8See the testimonies ofNOU Roan, PO Dina, SANG Rath, CHHENG Eng Ly, SENG Sivutha, SOEUN Sovandy, SOPHAN Sovany, SOU Sotheavy, TROUCR Phandarasar, YIN Roum Doul, YOS Phal, HUO Chantha, AUN Phally, BAY Sophany, CHAN Socheat, and CHHIM Sotheara during the hearings on victim impact, T.,

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El!197.1, El!198.1, El!199.1 and E1!200.1, from 27 May to 4 June 2013; but also the statements of suffering contained in the oral testimony ofYIM Sovann, T., El!136.1, ERN 00856650- 00856653, 22 October 2012; oral testimony of CHUM Sokha, T., El!136.1, ERN 00856735- 00856743, 22 October 2012; oral testimony of LAY Bony, T., El!138.1, ERN 00857292- 00857299, 24 October 2012; oral testimony of MOM Sam Oeurn, T., El!141.1, ERN 00859870- 00859873, 6 November 2012; oral testimony of MEAS Saran, T., El!14S.1, ERN 00865819- 00865820, 22 November 2012; oral testimony of OR Ry, T. El!146.1, ERN 00866715- 00866716, 23 November 2012; oral testimony of TOENG Sokha, T., El!147.1, ERN 00868448- 00868452, 4 December 2012; oral testimony ofPECH Srey Phal, T., El!148.1, ERN 00868190- 00868192, 5 December 2012; oral testimony of KIM Vanndy, T., El!149.1, ERN 00868923- 00868925, 6 December 2012; oral testimony of Denise AFFONCO, T., El!lS3.1, ERN 00871972- 00871975, 13 December 2012; oral testimony of PIN Yathay, T., El!170.1, ERN 00888757- 00888760, 7 February 2013; oral testimony of CHAU Ny, T., El!196.1, ERN 00917884- 00917886, 23 May 2013; More generally, on the role of victims in international criminal trial, see for instance «The Status and Role of the Victim », Claude Jorda and Jerome de Hemptinne, in The International Criminal Court: A Commentary, 2002, p.1397(stating that "The presence at the trial of a third protagonist having first-hand knowledge of the crimes, and whose personal intervention in the trial could cast a more subtle perspective on the reality of events which are often depicted by the parties in somewhat absolute terms might assist the judge by claritying the facts of the case, thereby making a decisive contribution to establishing the truth and preventing repetition of the crimes.") See also "Accessing justice through Victim Participation at the ", Kate Yesberg, Victory U. Wellington Law Review, 2009, p. 568 ; "Reduced Victim Participation: A Misstep by the Extraordinary Chambers in the Courts of Cambodia", David S. Sokol, 2011, Washington University Global Studies Law Review, p.178; "From the Numbers Who Died to Those Who Survived: Victim Participation in the Extraordinary Chambers in the Courts of Cambodia" , James P. Bair, 2009, Harvard Law Review, Vol. 31, p.509. 9See Dissenting Opinion of Judge Jean-Marc Lavergne Concerning the Trial Chamber Decision in Memorandum E62/3/1O/4, E62/3/l0/4.1, 23 August 2011, paras. 9 and 10. 10 See also Confidential Annex 2: List of Civil Parties who Gave Oral Testimony before the Trial Chamber. 11 See Confidential Annex 3: List of Civil Party Documents put before the Chamber. 12 Rule 87(1). 13 Trial Chamber response to Motions E67, E57, E56, E58, E23, E59, E20, E33, E71 and E73 following Trial Management Meeting of 5 April 2011, E74, ERN 00659301, 8 April 2011. See also Rule 23 (4) ("[t]he Civil Party cannot be questioned as a simple witness in the same case and ... may only be interviewed under the same conditions as a Charged Person or Accused.) 14 Decision on Request to Recall Civil Party TCCP-187, for Review of Procedure Concerning Civil Parties' Statements on Suffering and Related Motions and Responses, E267/3, 2 May 2013, para. 22 (hereinafter "Recall Decision"). 15 Prosecutor v. Kaing Guek Eav, Trial Chamber Judgment, E188, 26 July 2010, para. 52 (hereinafter "Duch Judgment"). 16 Duch Judgment, para. 133 ("The role of the Accused as the undisputed head of S-21 is confirmed by the Accused's own admissions, the testimony of witnesses and Civil Parties, as well as documents put before the Chamber during the proceedings.") (emphasis added); ibid. para. 155 (citing the testimony of Civil Party ); ibid. para. 230 (citing the testimony of Civil Party CHIN Met); paras. 232-33 (citing the testimony of Civil Parties BOU Meng and ); para. 249 (citing the testimony of Civil Party BOU Meng); ibid. para. 250 (citing the testimony of Civil Party CHUM Mey); ibid. paras. 266-67 (same); ibid. para. 272 (same). See also Recall Decision, E267/3, 2 May 2013, para. 21 ("Throughout the Case 001 Trial Judgment, the Chamber thus utilized the testimony of both Civil Parties and witnesses in support of particular findings, as appropriate.") . 17 Decision on Co-Prosecutors' Rule 92 Submission Regarding the Admission of Witness Statements and Other Documents before the Trial Chamber, E9617, 20 June 2012, para. 17 (hereinafter "Statements Decision"). 18 Decision on Objections to the Admissibility of Witness, Victim and Civil Party Statements and Case 001 Transcripts Proposed by the Co-Prosecutors and Civil Party Lead Co-Lawyers, E299, 15 August 2013, paras 43- 44 (hereinafter "Written Statements Admissibility Decision"). 19 See Statements Decision, E9617. 20 Statements Decision, E9617, para. 8. 21 Statements Decision, E9617, para. 20. 22 Statements Decision, E9617, para. 24. 23 See ECCC Victim Information Form, available at http://vss.eccc.gov.khienidocumentationiform

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24 Statements Decision, E9617, 20 June 2012, para. 29 (stipulating that "indicia of reliability [ ... J may nonetheless assist the Chamber in its assessment of [ ... J the probative value and weight"). 25 Written Statements Admissibility Decision, E299, 15 August 2013, paras. 26 -27. 26 See LCLs Response to TC Directive on the Tendering Into Evidence of Civil Party Written Statements & Other Documents, Confidential Annex 1, E223/217.2, 4 March 2013 (detailing the evidentiary purpose for each of the documents Civil Parties sought to tender into evidence); and LCLs Response to TC Directive on the Tendering Into Evidence of Civil Party Written Statements & Other Documents, Strictly Confidential Annex 1(a), E223/217.1, 4 March 2013. 27 See Statements Decision, E9617, para. 24. 28 Closing Order, para. 156. 29 Closing Order para. 157 . 30 Oral testimony of Phillip SHORT, T., ElI189.1, 6 May 2013, ERN 00909378 at line 25 and ERN 00909379 at lines 1-5 (stating that "It was totally extreme, and whereas in China it stopped. They introduced the idea of thought reform, and Mao said "heads are not like chives. They don't grow again if you cut them off'. Well, in Cambodia they cut them off, and also starved people to death, and they didn't grow again. So there's a huge difference."), Oral testimony of Phillip SHORT, T., ElI190.1, 7 May 2013, ERN 00920105 at lines 15-23 (stating that "Well, foraging is a very good example. It would have been had people been allowed to forage, had they been allowed even very small vegetable plots outside their houses, then health and the - would have been much better, the mortality rate much lower, people would have been able to work more. It's pretty obvious, and the examples of countries like China was there to show. Even it is most extreme, the Chinese never went to that extent. It was not permitted in Democratic Kampuchea because of ideological principle.") Oral testimony of SHORT Phillip, T., ElI191.1, 8 May 2013, ERN 00910848 at lines 2-4 (stating that "I think we've agreed over the last few days that if there was one thing which characterized the Khmer Rouge movement, the CPK, it was extremely rigid discipline") 31 Oral testimony of Civil Party Oeun EM, T., ElI113.1, ERN: 00841935 at lines 13-15 ("Everyone was expected to have this 'great leap forward'; if we couldn't have this 'great leap', then we would be considered as enemies. This was the language used by Pol Pot"); Oral testimony of Gueak Eav KAING alias DUCH, T., E1I52.1, ERN: 00793743 at lines 10-11 ("We have to stick to this movement in order to achieve the Great Leap Forward movement to achieve the socialist revolution"); Oral testimony of Phillip SHORT, T., ElI190.1, 7 May 2013, ERN 00919990 at lines 17-20 (stating that "No other Communist party anywhere, neither in North Korea, nor in China, nor in any of the Soviet Bloc states has attempted to go so quickly and so completely towards a Communist state as defined by Marx, True , a state of complete equality"); Ibid., ERN 00919991 at lines 3-5 (stating that "Pol Pot and the Kampuchean Communist Party pushed the logic of communism to its extreme and the result, as you know, was a terrible catastrophe") Ibid., ERN 00919992 at lines 4-6 (stating that "What the May meeting decided, was that the leap into what one might call "pure communism", "utopian communism", should be direct and immediate") Ibid., ERN 00920087 at lines 17-20 (stating that "So there was that belief that they could do impossible things, and therefore it meant they could push the population to do impossible things, with the results that we have discovered."); Oral testimony of Phillip SHORT, T., ElI191.1, 8 May 2013, ERN 00910779 at lines 18-21 (stating that "So suffering had a positive function as well, in the views of the Khmer Rouge leadership. And that is clearly attested by some of the documents and speeches. Could it - was it unique to Cambodia? Yes, to this extent"); Ibid., ERN 00910786 at lines 15-18 (stating that "if you have to pinpoint the particularity of Democratic Kampuchea, the term "slave state" depicts it best, because it was the only one - the only time this has happened in modem history") 32 Civil Party Application of_ (ITU draft translation), E3/4893, page 7. 33 Oral testimony of the Expert David CHANDLER, T., E1I94.1, ERN 00829946 at lines 8-13,23 July 2012; Pol Pot, The History ofa Nighmare, Philip Short, E3/9, 2004, ERN 00396256, ERN: 00396290-91, ERN 00396336; Oral testimony of the Expert Philip SHORT, T., ElI191.1, ERN 00910784 at lines 7-10, 8 May 2013; Oral testimony of the Accused NUON Chea, T., E1I24.1, ERN 00767627 at lines 14-18, 10 January 2012; Voices .tram S-21, David Chandler, E3/1684, ERN 00192721 and ERN 00192815; The Rise and Demise of Democratic Kampuchea, Craig Etcheson, E3/29, ERN 00393215 and ERN 0039321; Revolutionary Flag, Issue 8, August 1975, E3/5, ERN 00401487; Decision of the Central Committee regarding a number of matters, 30/03176, E3/12, ERN 00182812; Central Committee directive, E31776, ERN 00716393. 34 Severance Order Pursuant to Internal Rule 89ter, E124, 22 September 2011, hereinafter "Severance Order". 35 See Part III: A-C, infra. At different occasions the Trial Chamber has underlined that Case 002/01 encompasses the examination of the manner in which the five polices where established. See Severance Order, ERN: 00743503; Trial Management Meeting, T., E1I2.1, 5 April 2011, ERN: 00664268 at lines 7-17, (stating "The Chamber wishes at this stage to provide an early indication of the sequencing of the beginning of the trial. The Chamber wishes to inform the parties of its intention to commence the hearing of the substance in the

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following order: One, the structure of Democratic Kampuchea; two, roles of each accused during the period prior to the establishment of Democratic Kampuchea, including when these roles were assigned; three, role of each accused in the Democratic Kampuchean government, their assigned responsibilities, the extent of their authority and the lines of communication, throughout the temporal period with which the ECCC is concerned; four, policies of Democratic Kampuchea on the issues raised in the indictment."); Initial Hearing, T., E1!4.1, 27 June 2011, ERN: 00712143 at line 25 and ERN: 00712144 at line 1-10 (stating: "At the Trial Management Meeting, the Chamber advised the parties of its intention to commence the hearing of the substance in the following order: number 1) the structure of Democratic Kampuchea ; 2) roles of each accused during the period prior to the establishment of Democratic Kampuchea including when these roles were assigned; 3) role of each accused in the Democratic Kampuchean Government, their assigned responsibilities, the extent of their authority and the lines of communication throughout the temporal period with which the ECCC is concerned, and number 4) policies of Democratic Kampuchea on the issues raised in the indictment."), Decision on Co-Prosecutors' request for Reconsideration of the Terms of the Trial Chamber's Severance Order (E124/2) and related Motions and Annexes, E12417,lS October 2011, para. 11 (stating: "It follows that the Chamber during the early trial segments will give consideration to the roles and responsibilities of the Accused in relation to all policies relevant to the entire Indictment, but will give detailed factual consideration in the first trial mainly to a feature of the Indictment which affected virtually all victims of the Democratic Kampuchea regime (namely population movement phases one and two "); Trial Chamber Memorandum entitled: Response to issues raised by parties in advance of trial and scheduling of informal meeting with senior legal officer on IS November 2011, E141, 7 November 2011, (explaining: "Regarding the examination of policies other than those relating to forced evacuation, the purpose of including reference to them in the first trial is to enable the manner in which policy was developed to be established. What is therefore envisaged is presentation in general terms of the five policies."), Annex: List of paragraphs and portions of the Closing Order relevant to Case002/l, amended further to the Trial Chamber's Decision on Ieng Thirith's Fitness to Stand Trial (E13S) and the Trial Chamber's Decision on Co-Prosecutors' Request to Include Additional Crime Sites within the Scope of Trial in Case 002/01 (E163), E12417.3, IS October 2011, para.5, Decision on Severance of Case 002 following Supreme Court Chamber Decision of S February 2013, E284, 26 April 20l3, para. S. (Stating "The Severance Order indicated that while the scope of the Case 002/01 crime base would be limited to factual allegations described in the Indictment as population movement phases one and two and associated crimes against humanity, the Case 002/01 verdict would outline the structure of Democratic Kampuchea ("DK"), the roles of each Accused both preceding and during the DK period, as well as policies of DK on the issues raised in the entire Indictment.") and para. 16 (explaining "The Trial Chamber in its Case 002/01 verdict would therefore give consideration to the roles and responsibilities of the Accused in relation to all policies relevant to the entire Indictment"), para. 1 17 (stating "From the outset, the Chamber has ruled that all parties may lead evidence in relation to the roles and responsibilities of all Accused in relation to all policies of the DK era."), and para. lIS (stipulating "These charges and factual allegations reflect the alleged criminality of the policies of the DK regime, incorporate a significant portion of the Indictment's geographical range and a large percentage of the victimized Cambodian population, and enable the Co-Prosecutors to place these offences within the broader context of the joint criminal enterprise in which all Accused are alleged to have participated."); and Trial Chamber Memorandum on Co­ Prosecutors' Request for Clarification of Findings Regarding the JCE alleged in Case 002/01 (E2S4/5), E284/6, 27 August 2013, para 2 (stating "In addition, the Chamber informed the parties at the beginning of this case that the presentation in general term of all five policies was permissible to enable consideration of the manner in which policy was developed (E14l, p2)."). 36 See LCLs Response to TC Directive on the Tendering Into Evidence of Civil Party Written Statements & Other Documents, Confidential Annex 1, E223/217.2, 4 March 2013 (detailing the evidentiary purpose for each of the documents Civil Parties sought to tender into evidence); and LCLs Response to TC Directive on the Tendering Into Evidence of Civil Party Written Statements & Other Documents, Strictly Confidential Annex 1(a), E223/217.1, 4 March 20l3. 37 See ICTY, Prosecutor v. Kunarac et aI., Case No. IT -96-23, Appeal judgment, 12 June 2002, paras 94-95 (emphasis added). Confirmed by ICTY, The Prosecutor v Kordic and Cerkez, Case No. IT -95-l4/2-A, Appeals Judgement, 17 December 2004, par.94; ICTY, The Prosecutor v. Blaskic, Case No. IT-95-l4-A, Appeal Judgment, 29 July 2004, par. 10 1; ICTY, The Prosecutor v Limaj et aI., Case No.IT -03-66, Trial Judgment, 30 November 2005, par.lS3; SCSL, Prosecutor v. Brima et aI, (AFRC Case), Case No.SCSL-2004-l6-T, Trial Judgment, 20 June 2007; ICTR, The Prosecutor v. Jean-Paul Akayesu, Case No. ICTR-96-4, Trial Judgment, 2 September 1995, par 5S0. See also, T, E1!213.1, 26 June 2013, ERN 00935399 at lines 15-20, (noting that: "it has been accepted by international tribunals that a policy can be established through certain conduct that is generalized on the ground, which shows that a policy necessarily exists at national level in order to be implemented everywhere at the same time by individuals who are not communicating with one another").

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38 See also Oral Testimony of Denise Affonco, El!lS2.1, 12 December 2012, ERN 00871272 at lines 22-23 ("the instructions were coming from Angkar. Angkar said that: 'from this day onwards, you must work. Children must work."') and ERN 00871258 at lines 3-5 and at lines 7-8 ("Everything that they asked us to do was in the name of Angkar. 'Today, Comrade, you're going to work a little bit harder because Angkar says you must. [ ... J We're asking you to build more dykes."). 39 Oral Testimony of HUN Chunnly, El!149.1, 6 December 2012, ERN 00868967 at lines 2-4. See also Revolutionary Flag, Issue 8, E3/S, August 1975, ERN 00401486 (asserting "Now the colonialists and imperialists have been overthrown, the landowners and the feudalists have been overthrown, the capitalists have been overthrown, and the petty bourgeoisie has no one to rely upon. Therefore, they are subjugated to the state power of the worker-peasants, and they have been transformed into laborers, just like the peasants. Individual landowners and individual capitalists now have to go do production labor."). 40 Oral Testimony of KIM Vanndy, El!148.1, 5 December 2012, ERN 00868220 at line 25 and ERN 00868221 at line 1. See also Civil Party Application of SOURN Sopha, E3/4837, 1 March 2013, ERN 00391744 (stating "In July 1975. As soon as we settled there, the Khmer Rouge announced, "Angkar has ordered you to work in the orchards."). 41 Civil Party Application of SOURN Sopha, E3/4837, 1 March 2013, ERN 00391744. ("Angkar has ordered you to work in the orchards."). 42 Oral Testimony ofPECH Srey Phal, El!148.1, 5 December 2012, ERN 00868152 at lines 2-4. See also Part III: A. and b. 43 Oral Testimony of PIN Yathay, El!170.1, 7 Feburary 2013, ERN 00888685 at lines 6-10 (recalling being told on arrival at his destination that "we had to refashion ourselves in conformity with the Revolution."); and The Revolutionary Flag, E3/S22, November 1976, ERN 00003282 (noting the CPK's concern with "preserving the revolutionary achievements."). 44 Oral Testimony of CHHAOM Se, ElS9.1, 11 January 2013 ERN: 00879884 at lines 9-10. See also Oral Testimony of CHHAOM Se, El!177.1, 8 April 2013, ERN 00899370 at lines 8-10 (explaining "[aJfter we liberated the civilians, the people had to move out for a period in order to guarantee security"); and Oral Testimony of Phillip SHORT, El!189.1, ERN 00909351 at lines, 6 May 2013 (noting "The danger of rebellion is a way of putting it. The fact was that if the city people were scattered in the countryside and the networks among them were all broken, they were very much easier to control and any possibility of resistance to the Khmer Rouge policies was greatly diminished."). 45 Oral Testimony of Stephen REDER, E1!221.1, 10 July 2013, ERN 00938667 at lines 22-24 (confirming that in the course of his interviews and research, that many respondents, including "Lorn, a member of the Kampong Som City Standing Committee, confirmed the pre-1975 policy of the regime to forcibly evacuate "liberated" areas under Khmer Rouge control in order to "dry up the people from the enemy"). See also Interview with Kampuchea Refugees at Thai-Cambodian Borders, E3/1714, February-March 1980, ERN 00170748 (sourcing the original references to interviewees mentioning the concept of "drying up the enemies."). 46 Oral Testimony of TOENG Sokha, El!147.1, ERN 00868406 at lines 3-4. 47 See Annex: List of paragraphs and portions of the Closing Order Relevant to Case 002/01, amended further to the Trial Chamber's Decision on IENG Thirith's Fitness to Stand Trial (E138) and the Trial Chamber's Decision on Co-Prosecutors' Request to Include Additional Crime Sites within the Scope of Trial in Case 002/01 (E163), E12417.3, 18 October 2012. 48 Oral Testimony ofPECH Srey Phal, El!148.1, 5 December 2012, ERN 00868132 at line 10 and at lines 12-14. 49 Oral Testimony of MOM Sam Oeum, El!141.1, 6 November 2012, ERN 00859813. See also Oral Testimony of KIM Vanndy, El!148.1, 5 December 2012, ERN 00868205 at lines 13-15 ("I heard people talking while we were en route that they did not bring much of the property as they were rushed to go out for a short period of time."). 50 Oral Testimony of YIM Sovan, El!13S.1, 19 October 2012, ERN 00855696 at lines 11-15. See also Oral Testimony of SUM Alat, E1!218.1, 4 July 2013, ERN 00937946 at lines 20-23 ("So the period of time would be just one day different, I may say, because by the time I reached Pursat, when I had left Bakan, Pursat town was quiet.").

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51 Oral Testimony of OR Ry, El!14S.1, 22 November 2012, ERN 00865832 at lines 15-21. See also Part III: A and B, infra. 52 See also Part III: A and B, infra. 53 Oral Testimony of YIM Sovann, El!13S.1, 19 October 2012, ERN 00855705 at lines 21-25 and ERN 00855706 at lines 1-5. 54 See Oral Testimony ofCHHAOM Se, 8 April 2013, El!177.1, ERN 00899338 at lines 12-14 (confirming that "every city had to be evacuated, no doubt") (emphasis added). 55 Oral Testimony of Stephen REDER, E1!221.1, 10 July 2013, ERN 00938646 at lines 7-20 (confirming having learned of the forced evacuation of Udong town from a few local residents who have evaded the exodus shortly after its occurrence in March 1974); Oral Testimony of Stephen REDER, E1!221.1, 10 July 2013, ERN 00938655 at lines 9-21 (recalling killing and forced evacuation to the west of the Kampong Cham city's residents when the Khmer Rouge gained partial control of the city in September 1973). See also Written Record ofInterview of Civil Party _ E3/46S7, ERN 00353700 (describing forced transfer within Kandal province one week before April 1975."); Civil Party Application of _, E3/4812, ERN 00793355 (describing forced transfer within before Khmer New Year 1975 so that the Khmer Rouge could "clean the town and rid [it] of internal enemies."); Civil Party Application of _, E3/4871, ERN 00779593 (describing "black uniformed army armed with rifles [who] evacuated people in the village to go out with no need of taking much stuff"); Supplementary Information of civil party applicant, E3/S079, ERN 00891063 (within Kampong Chhnang province); and Civil Party Application of _ E3/S001, ERN 00779605 (describing forced transfer in late 1972 to a remote area in ). 560ral Testimony ofCHHAOM Se, El!177.1, 8 April 2013, ERN 00899338 at lines 12-14. 57 Oral Testimony of OR Ry, El!14S.1, 22 November 2012, ERN 00865829 at line 25 to 00865830 at line 1,. See also Part III: A and B, infra. 58 Oral Testimony of OR Ry, El!14S.1, ERN 00865829 at line 25 - 00865830 at line 1. See also Oral Testimony of Sum Alat, E1!218.1, 4 July 2013, ERN 00937945 at lines 11-14 (noting that when Pursat Town fell to the Khmer Rouge in April 1975, residents were ordered to leave). 59 See e.g. Kampong Som: Civil party application of _, E311746, ERN: 00887779 ("On 17 April 1975 at about lOam, the Khmer Rouge soldiers arrived at the gate of my house and told father to leave the town because Americans would bomb it soon."); Civil Party Application of E3/4688, ERN 00369510 9 ("On 17 April 1975, people were forcibly evacuated from Kampong Som"); Battambang: Civil Party Application of_, E3/4730, ERN 00427028 ("On 18 April 1975, Khmer Rouge armies seized Oh Chroy district entirely. They gathered all the officials in Poy Pet province and sent them to be educated, in order to receive our King Father. On 20 th April 1975, they made the villagers leave their houses by force and directed them to to move to rural areas; so that the Khmer Rouge could have three days to have meetings, kill the spies and enemies and protect the villagers from American bombing."); Kampong Speu: Civil Party Application of _, E3/4723, ERN 00478460 (The Khmer Rouge evacuated my family and relatives from Kampong Speu province to Pursat and Battambang provinces"); Pursat: Civil party application of_, E3/4808, ERN 00891197 ("In April 1975, some Khmer Rouge soldiers came to Pursat Provincial Town ( ...) After they had arrived, they called for people to prepare their belongings to leave their houses for a week."); Civil Party Application of _ E3/4913 ERN 00893688, (confirming "My family was forced to leave Tuol char village, Phsar Kroam Commune, Bakan District...We were sent, in an ox cart, to Tul Kaun Nga in Phsary Kraom Commune (present day... Pursat Province)"); Kandal: Oral testimony of Civil Party SANG Rath, El!197.1, 27 May 2013, ERN 009165351 at lines 16-17 ("the Khmer Rouge had to evacuate people from Preaek Slaeng location and had them transferred to Battambang province"); Civil Party Application of _ E3/4971, ERN 00871625 ("wish to describe crimes committed against my husband, PHOEUK San, a secondary school teacher and court clerk who was evacuated in 1975 by the Khmer Rouge from Ta Khmau District, Kandal Province to live at the house of Mrs. NGET Seang in Krachab Leu Village"); Civil Party Application of. _, E3/46S6, ERN 00893383 ("In 1975, my family lived in Ta Khmau District, Kandal Province. The Khmer Rouge spies in black outfits evacuated citizens from their homes and forced them to ... Kaoh Thum District, Kandal Province."); Civil Party Application of _, E3/S00S, ERN 00871750 ("Before 1975, my family was a wealthy family living in Dangkao Village, Kandal Province ... on 17 April 1975, they came and took control of all of Phnom Penh city and Kandal Province ... the Khmer Rouge announced to the people that they must leave their homes in order to manage and destroy the enemy. After traveling for 10 days, we reached Roka Khpos Village."); Kampot: Oral Testimony ofPRAK Yut, E1!34.1, ERN 00774581 at lines 22-25 ("When you

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say you saw people being evacuated, were these people being evacuated from Kampot city? A. Yes, I saw them being evacuated from Kampot city, but I just did not know who made the decision for such evacuation."); Civil party application of _ 09-VU-002l7, E3/4810, ERN: 00839950 ("I had been living in happiness in Chrab Village, Daeum Doung Commune, Chey District, , for many years before the Khmer Rouge arrived in great numbers, on 17 April 1975, when they told all the residents to move out due to the alleged threat of American bombing the next day."); Siem Reap: Civil Party Application of_, E3/48SS, ERN 008911237 (stating "On 17 April 1975, I was forcibly evacuated [between two villages in Siem Reap]. I was forced to work day and night, harvesting rice and digging graves."); and Takeo: Civil Party Application of _, E3/4843, ERN 00840012 ("On 17 April 1975, Khmer Rouge soldiers evacuated the peple from their homes. They said for only a few days, after which, they would be allowed to return. It was not necessary to take too many belongings."). 6°Civil Party Application of LOEUNG Bunny, E3/4688, ERN 00369510. 61Civil Party Application of _, E3/4823, ERN 0084000; and Civil Party Application of _ E3/4688, ERN 00446581 ("In late 1975, comrade Noy who was a commune cadre and comrade Kim who was head of Thmei village cooperative ordered my family and other ten families to pack and move to Battambang province"). See also Part III: A and B, infra. 62 Civil Party Application of _ E3/4714, ERN 00434305 (describing a second forced transfer in approximately June 1975 from Kampong Cham to Svay Rieng province).; and Oral Testimony of TOENG Sokha, El!147.1, 4 December 2012, ERN 00868399 at lines 1-9 (recalling "it could have been July or August when we had to move [ ... J to Pursat province."). 63 Case 002 Closing Order, para. 262-263. See e.g. Kandal Province to Phnom Penh: Civil party application of _,E3/4694, ERN: 00398344 ("In 1976, I was evacuated to Bakou, the glass factory in Prey Sar, and was ordered to build canals and dikes around Boeung Cheung Ek"); Within Pursat Province: Civil party application of _ 09-VU-00241 , E3/4913, ERN: 00893688 ("Later on Comrade Ni, the Chief of Squad (now dead), sent my family to Tuol Tumpung Cooperative in Sector 7, Bak Roteh Village, Phsar Kraom Commune, Bakan District (the present-day Prey Nhi Commune, Sampov Meas District, Pursat Province."); Kampong Cham to : Supplementary information of civil party applicant/Document d'information supplementaire de partie civile, E3/4882, ERN: 00834848, ("Then, in 1977, the Khmer Rouge accused me of being the former civil servant feudalist. They did my biography and sent me and my family to Mundulkiri province, Koh Nhek district and put me in Division 920 whose commander was named Chhin Say. The commander had me work as a mechanic. "): Svay Rieng to Prey Veng: Civil Party Application of _ _ , E3/5006, ERN 00893420 ("My family [ ... J was transferred by some black-clothed people with guns in their hands."). 64 Closing Order, D427, para. 163. See also Part III: A and B, infra. 65 Closing Order, D427, para. 162-165. 66 See also Part III: A and B, infra. 67 Oral Testimony of OR Ry, ElI145.l, 22 November 2012, ERN 00865837 at lines 9-13. See also Civil Party Application of YIN Roumdoul, E3/S742 30 May 2013, ERN 00867258 68 Oral Testimony of CHHAOM Se, El!177.1, ERN 0899338 at lines 12-14. See also Oral Testimony of OR Ry, El!14S.1, 22 November 2011, ERN 00865741 at lines 20-23 (noting "I crossed Kampong Thorn province and , and along the road that I travelled there were no villagers, only groups of soldiers here and there and in the provincial town, there were only empty houses."). 69 Oral Testimony of PIN Yathay, El!170.1, 7 Feburary 2013, ERN 00888676 at lines 22-25, (describing being transported during phase 1 forced transfer "There were between 20 and 30 trucks, and each truck was packed with about 80-100 people. [ ... J there were about 2,000 to 3,000 people."); and Oral Testimony of CHAU Ny, El!146.1, 23 November 2012, ERN 00866763 at lines 13-17 (estimating that there were "several thousand" transferees aboard the same train during a phase 2 forced transfer). 70 Oral Testimony of PIN Yathay, El!170.1, 7 Feburary 2013, ERN 00888658 at lines 7-14, (noting that during his phase 2 forced transfer "There were about 2,000 of us."). See also Part III: A and B, infra. 71 Oral Testimony ofCHHAOM Se, El!lS9.1, 11 January 2013, ERN 00879869 at lines 19-21, (testitying "No transportation was provided. People could be on their own. There was no such truck or vehicle provided for easing the evacuation of the people."). 72 Oral Testimony ofKlM Vanndy, El!148.1, 5 December 2012, ERN 00868219 at lines 19-20. See also Part III: A and B, infra.

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73 See also Part III: A and B, infra. 74 Oral Testimony ofYIM Sovann, El!13S.1, 19 October 2012, ERN 00855699 at lines 1-3. 75 See also Part III: A and B, infra. 76 Oral Testimony ofPECH Srey Phal, El!14S.1, 5 December 2012, ERN 00868162 at lines 1-2 and at lines 12- 13; See also Part III: A and B, infra. 77 See also Part III: A and B, infra. 78 See e.g. Oral testimony of KIM Vanndy, El!149.1, 06 December 2012, ERN 00868908 at lines 20-25, ERN 00868909 at lines 1-4 and ERN 00868920 at lines 1-5, (describing his father's execution at Boeng Angk Pagoda for being affiliated with the Khmer Republic regime in the course of his forced transfer from Phnom Penh and later efforts of local cadre to identity former LON Nol members by convincing people who had been part of the previous regime to register their names and get a promotion). 79 Oral Testimony of CHAU Ny, El!146.1, 23 November 2012, ERN 00866764 at lines 23-25 and ERN 00866765 at lines 1-8 ("only later, when I was transferred, was I fearful that I would be incriminated as a Khmer Krom [ ... ] Once they took complete control of Phnon Penh, I realized that the Khmer Rouge discriminated against people."). 80 See also Part III: A and B, infra. 81 See also Part III: A and B, infra. 82 See Confidential Annex 2: Forced Transfer Phases 1 and 2 Departure and Destination Provinces as Described in Documents Admitted into Evidence in E299 attached. 83 Ibid. 84 [add BM's data] 85 See also Part III: A and B, infra. See also, Civil Parties Final Claim for Reparations (pending submission to the Trial Chamber on 8 October 20l3). 86 See also Part III: A and B: Conditions, infra. 87 See also Part III: A and B, infra. 880ral Testimony of Sum Alat, E1!21S.1, 4 July 2013, ERN 00937985 at lines l6-2l. 89 Oral Testimony ofNUON Chea, E1!220.1, 09 July 2013 ERN 00937458 at lines ll-l3. 90 Oral Testimony of Stephen REDER, E1!221.1, 10 July 2013 ERN 00938674 at lines 6-25 and ERN 00938675 at line 1 ("The problem is posed right from the start of CPK rule, notoriously marked by the coercive violent and murderous evacuation to use the CPK terms of the population of Phnom Penh and other towns and areas previously governed by Marshall Lon Nol's Khmer Republic. The CPK leadership intended this mass deportation to abolish the urban based feudalist, bourgeois and petty-bourgeois intellectual strata as classes by sending them to live under the political control of the toiling peasantry in the countryside and make them forever a part of a work of peasant class information which was henceforth to comprise 99 per cent of the country's population." [Footnote 16 references a "Notebook of the First Rank, S" - it says S-2, I don't know if that's right, "S-2 Interrogator Tong Soeng Heuan, alias Pon, in an entry dated the 7th of December 1977." It says here, "From the Archives of the Documentation Centre of Cambodia, hereafter DC-Cam Collection, author's translation."Can you confirm that that was your source for this statement in your book? A. Yes and it should be S-2l, of course."] 91 See also Part III: A and B, infra. 92 Oral testimony of Witness NYKan, E1!76.1, ERN 00811680 at line 23, 28 May 2012. 93 Oral testimony of Witness Kaing Guek Eav alias Duch, El!S2.1., ERN 00793662 at lines 21-23, 21 March 2012 (stating "there was an announcement on the radio on a regular basis that we had to learn to live and let live together"). 94 Foreign Broadcast Information service collection for February 1976 (FBIS), E3/13S7, ERN 00167780 (specitying "Our cooperatives are resolved to fulfill these six important tasks ( ... ) and contributing to the tasks of defending our country and building it into a strong, powerful and dignified nation"). 95 Oral testimony of Civil Party CHHENG Eng Ly, El!19S.1, ERN 00917320 at lines 1-6, 29 May 2013 (specitying "There was an announcement along the road that the New people, the 17 April people from Phnom Penh had to join cooperatives. Those who had any properties; any belongings; they must not hide. They had to surrender those belongings and put them for common use as the property of cooperatives."). 96 Revolutionary Flag, Special Issue, E3/74S, October - November 1975, ERN 00495826 (asserting "The Party's production cooperatives shall be further strengthened and expanded to be more vigorous and as a momentum toward achieving 3 tons of rice per hectare in 1976."). 97 Oral testimony of Civil Party CHUM Sokha, El!136.1, ERN 00856716 at lines 19-21, 22 October 2012 (specitying "We had to work very hard in order to achieve the quota of three tons per hectare rice production.").

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98Minutes of the Standing [Committee's] visit to Northwest Zone, August 20-24, 1975, E3/216, ERN 00850976 (stating "Thus, if the cooperatives are solid, the enemy will be unable to penetrate them, unable to travel and unable to conduct activities. Their comings and goings will be known, and their requests for food will be known."); Revolutionary Flag, Special Issue, E31748, October - November 1975, ERN 00495826 (asserting "The cooperative is an entity that subsequently implements the national and class struggles. We must relentlessly strengthen and expand the cooperatives unfer this pressing need and real nature. In the same sense, we have to eliminate the short-sighted views perceiving the cooperatives as an organization with a mere production role. ( ...) It is mandatory that the cooperatives perform military, security and national defense activities."); and Foreign Broadcast Information service collection for February 1976 (FBIS), E3/13S7, ERN 00167755 (asserting "During the revolutionary war, our cooperatives fulfilled all kinds of duties to be the most reliable revolutionary bulwark in the rear. Our cooperatives contributed all their forces to the frontline including combat effectives, material means and supplies. At the same time, they defended the liberated zone, protected the revolutionary administration and smashed the espionage and pacification moves of the enemy."). 99 Oral testimony of Civil Party TOENG Sokha, El!147.1, ERN 00868411 at lines 19-22, 4 December 2012 (specitying "For us, we were referred to as the 17 April People or New people; and that ze were known. And those existing villagers were known as the Base People."); and Civil party application of _, E3/4680, ERN 00885705 (stating "The Khmer Rouge leaders created two peoples during their period in power. One was called the 'New people' while the other was called the 'Old People' ."). 100 Civil party application of _, E3/48S4, ERN 00891234 (stating "Those who were evacuated to Thnal Bat, Bakan District, Pursat Province, were considered '17 April people', and were under regular close watch by the militiamen. My family were also considered' 17 April People'. Whenever we walked a step, they would monitor my parents."); Civil party application of _, E3/4811, ERN 00893347 (stating "The people who had been evacuated they were regarded as 17 April people. They were tracked and followed closely by the Commune soldiers and Base militiamen because they were 17 April people".); and Civil party application of~, E3/4913, ERN 00893688 (stating "The citizens who were sent to Bak Rotch Village were regarded as 17t April people. These people were strictly investigated by the Khmer Rouge spies."). 101 Civil party application of_, E3/4824, ERN 00891214. 102 Oral testimony of Civil Party SOEUN Sovandy, E1!200.1, ERN 00918650 at lines 19-23, 04 June 2013 (specitying "There was a clear segregation. There was no mix of Cambodian people. The 17 April people cannot stay with the 18 April People. So there was a clear segregation in the group of people. I think that that was the approach that they mobilized in order to clearly divide the people."); and Consideration on the from Early stage to the Period of Democratic Kampuchea by KHIEU Samphan, E3/16, ERN 00498286 (stating "It was imperative to grasp the history of each person, the easiest thing to do was to differentiate them into old people and new people."). 103 Oral testimony of Civil party Denise AFFONCO, El!lS2.1, ERN 00871257 at lines 10-11, 12 December 2012 (specitying "Angkar wanted to eliminate the entire social class of intellectuals. That was programmed. They had taken a decision to do 104 Civil party application of E3/4913, ERN 00893690; see also Civil party application of SAY Kanal, E3/4699, ERN 00404896 (veri tying "The Khmer Rouge called for meetings at night; mentioned about direction such as 3 tons per hectare."). 105 Oral testimony of Civil party CHUM Sokha, El!136.1, ERN 00856716 at lines 19-21, 22 October 2012 (specitying "We had to work very hard in order to achieve the quota of three tons per hectare rice production; we had to build the dam for water irrigation into the rice field."); Oral testimony of Civil party YOS Phal, El!197.1, ERN 00916582 at lines 1-5,27 May 2013 (specitying "For example that person has to dig six cubic meters per day, that work had to be done. If not, then no rice would be given to that person. And if that person were to protest, that person would be refashioned and the next process would be that person be killed."); Oral testimony of Civil party SOPHAN Sovany, El!199.1, ERN 00917682 at lines 2-12, 30 May 2013 (specitying "I was assigned to dig the canal in that cooperative of Damnak Chheu Kram. But again the work condition was harsh.( ...) I had no choice but I had to accomplish my job"); Civil party application of _ E3/1676, ERN 00812379 (stating "The Khmer Rouge forced us to build paddy dikes ( ...). Each of us was required to achieve an absolute target of 50 meters paddy dike per day. "); Civil party application of_, E3/4694, ERN 00398344 (stating "I was ordered to build canals and dikes around"); Civil party application of _,E3/4917, ERN 00890970 (stating "after the work was complete, they sent the Children's unit to construct another dam at Boeng Preah Pouley. This dam was higher than the previous dams. I carried the earth up to the dam."); ; Civil party application of _ E3/4714, ERN 00434305 (stating "I was given jobs to do, I was involved in rice farming, building small dikes around rice fields, carrying soil; constructing dams with no breaks."); and Revolutionary Flag, Special Issue, E31748, October - November 1975, ERN 00495826 (asserting "this desire of this article is to introduce certain principles of production cooperatives in order to

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rapidly construct, strengthen and expand both the quality and quantity of production cooperatives to achieve 3 tons of rice per hectare in 1976 and in order to transfonn Cambodian traditional agriculture into a modem agriculture as determined by the Party."). 106 Oral testimony of Civil party SOU Sotheavy, El!197.1, ERN 00916552 at line 6, 27 May 2013 (specitying "I was forced to even engage in more hard work to dig canals."). 107 Oral testimony of the Accused KHIEU Samphan (Response to A Civil party's question), El!198.1, ERN 00917233 at lines 13-21,29 May 2013 (stating "The Socialist Revolution and Reconstruction was of the general concept that all the land was no longer of the members of the cooperative belonging or possession; all the land became the property of the cooperatives, that is, the property of the people. Therefore, we build dams and canals in a speedier process so that it doesn't have to have any conflict with any individual pieces of land here or there, because the land was for common use, and that would speed up the process of the construction of dams and canals. "). 108 Civil party application of_, E3/4884, ERN 00891259 (''under such directions from Angkar"). 109 Revolutionary Flag, Special Issue, E3/25, December 1976 -January 1977, ERN 00491400. 110 Oral testimony of Civil party CHHENG Eng Ly, El!198.1, ERN 00917305 at lines 5-7, 29 May 2013. 111 Oral testimony of Civil party PIN Yathay, El!170.1, ERN 00888694-00888698, 7 February 2013; and Civil party Application of_ E3/4655, ERN 00892763 (stating "We survived in miserable conditions, with no property and in poor physical and mental health because of the ill, cruel and inhuman treatment by the Khmer Rouge."). 112Book by KHIEU Samphan entitled Cambodia's Recent History and the Reasons Behind the Decisions I Mad, Chapter VII: 'evacuation of population from the cities, suppression of currency and collectivization, ' 2004, E3/18, ERN 00103749-00103755. 113 Revolutionary Youth, Special Issue, E3/728, September 1975, ERN 00773411-00773412 (asserting "In the immediate future, we have to go on agricultural production offensive ( ... ) to produce much for sure as capital to strengthen agriculture and build and strengthen industry to serve the national defense and to refonn the living stands of the people ( ...) We must try to innovate in a lively, concrete way, appropriate to the potential and means we have. ( ... )11 is absolutely imperative to avoid the outlook and stance and fully equipped work methods. ( ...) We are able to build the country to rapid progress."). 114Written record of interview of Civil party _,E3/5592, ERN 00434941 (stating "New people were placed separately and required to perfonn harder labour than base people."); Civil party application of _ _ E3/4824, ERN 00891214 (stating "The evacuated people were regarded as the 17 April people"); Civil party application of _, E3/4841, ERN 00893378-00893379 (stating "Later, the Khmer Rouge ordered the newcomers to stay apart from the old residents even though they were relatives."); Civil party application of_, E3/4854, ERN 00891234 (stating "Those who were evacuated ( ... )were considered 17 April People and were under regular close watch by the militiamen ( ... ). Every person, either old or young, was ticked by their words."); Civil party application of Mr. HUO Chantha, E3/5730, ERN 00402960 (stating "Some base people discriminated against us by accusing us of being 17 April people, the feudalist"); Civil party application of_, E3/4668, ERN 00238411 (stating "Our family tried to hide our identity to survive and pretended to be old people."); Civil party application of _ E3/1746, ERN 00887780 (stating "For the evacuees from Kampong Som town, Angkar classified them as the 17 April people."); Civil party application of _ E3/4655, ERN 00892762-00892763 (stating "We were called the 17 April people."); Civil party application of BAY Sophany, E3/5746, ERN 00867204 (stating "Villagers were told that it was becayse of different classes: the 17 April class was different from the base class, the old class was those who had settled down there, the village for ages."); Civil party application of _ E3/5072, ERN 00893501 (stating "Angkar divided people into two groups ( ...) Angkar still considered my family as New people."); Civil party application of_, E3/4703, ERN 00417844 (stating "As soon as we arrived there, Angkar named my family members 17 April people. These people worked more excessively than the base people."); Civil party application of_, E3/4900, ERN 00890958 (stating "My parents had to eat separately from the local people; and they were not respected as we were regarded as 17 April people."); Civil party application of. _, E3/4811, ERN 00893347 (stating "The people who had been evacuated there were regarded as 17 April People. They were tracked and followed by the Commune soldiers and Base militiamen because they were 17 April People, who used to be Lon Nol Soldiers; civil servants ..."); and Civil party application of _ -. E3/4913, ERN 00893689 (stating "The citizens who were sent to Bak Rotch Village were regarded as 17 April people."); Civil party application of , E3/5108, ERN 00571038 (stating "The 17 April people were treated differently from the revolutionary people or the people who lived under the Khmer Rouge's control prior to April 17."). 1150ral testimony of Civil party CHAU Ny, El!146.1, ERN 00866729 at lines 12-24, 23 November 2012 (specitying "Those people regarded me as the 17 April People only. They did not mention my name ( ... ). We

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were not treated equally. We were not talked to nicely. We were regarded as the imperialists, or rather, the capitalists. They regarded us as those who reaped of the benefit of the peasants and this kind of language was very often used against us."); and Oral testimony of Civil party CHHENG Eng Ly, El!198.1, ERN 00917305,29 May 2013 (specitying "We lived with the deprivqtion offood and were only given a ration, and the word ration there it means everybody would be given the same thing and that only applied for the New people. And the New people means the 17 April people who were from Phom Penh and the Old or the Base People were those who were living at their villages."). 116 Revolutionary Flag" Issue 8, August 1977, E3/193, EN 00399236. 117 Oral testimony of Kaing Guek Eav alias Duch, E1!52.1, ERN 00793664 at lines 1-11, 21 March 2012 (specitying "The working hours of the farmers members of the cooperatives were also determined by the Party. ( ...)The working days per week or so was also dictated by the Party as well. ( ...) So, again, the production means was under the control of the Party and the labor was also within the control of the Party."). 118 Supplementary Information of Civil Party PIN Yathay, Stay Alive my Son, E3/3988, ERN 00587594. 119 Oral testimony of Civil party Denise AFFONCO, El!152.1, ERN 00871258 at lines 2-5, 12 December 2012. 120 Oral testimony of Civil party SENG Sivutha, E1!200.1, ERN 00918690 at lines 13-18, 4 June 2013 (specitying "When I was sleeping by myself, I kept weeping. I wanted to run to my house, but I could not because if I ran to my house I would not meet my parents there as they were not there. They were sent to separate cooperatives including my elder sister, so I decided to remain in the children's unit and to face those diffi culti es."). 121 Oral testimony of Civil party Denise AFFONCO, El!152.1, ERN 00871265 at lines 12-18, 12 December 2012 (specitying "I stated that I was in an 'open prison', but in fact, we were their prisoners because everywhere we went, we were weeded-out, we were recorder and registered, we were ordered to leave. Every time that we went to work in the fields, either in the rice fields or the manioc fields, we were under watch. There was always somebody behind you; surveying your work; up until you entered your home."). l220ral testimony of Civil party Denise AFFONCO, El!152.1, ERN 00871239 at lines 12-16, 12 December 2012 ("It was an open prison because we were being deprived of freedom We were being spied upon. The 'chlop', as it referred to in hmer, were already there. They were monitoring the children. were asking the children whether their father was armed."); and Civil party application of E3/5076, ERN 00857598 (stating "The Khmer Rouge interrogated me quite often and urged me to report what my family members did. I was obliged to lie all the time regarding identity and that of my family members."). l230ral testimony of Civil Party SENG Sivutha, E1!200.1, ERN 00918690 at lines 22-25 and ERN 00918691 at line 1,04 June 2013 (remembering "we had to attend the criticism and self-criticism meetings ( ... ) because they said I had to stand and criticize somebody. Otherwise, I would be criticized for just minor mistakes that I had"); Written Record ofInterview of Civil Party _, E3/5542, ERN 00373228-00373229 (describing "If we felt that we did not perform well during the day we had to say during the self-criticism meetings( ... ). We had to say these things in front of the entire group. ( ... ) Sometimes the meetings would last until midnight or even 0100 hours."); Written Record ofInterview of Civil Party _, E3/5558, ERN 00381008; Written Record of Interview of Civil Party _, E3/5561, ERN 00384787; Civil Party Application _, E3/4871, ERN 00779593-00779594 (stating "we were made to participate in self-criticism session to exalt the Khmer Rouge policies which was 'Great Leap Forward'."); Civil Party Application of_, E3/1658, ERN 00842567 (remembering "Almost every night, we were summoned to a self-criticism meeting in order to inspire each other to work harder for the Great-Leap-Forward."); Supplementary information of Civil Party TRODCR Phandarasar, E3/5732, ERN 00852179· Civil Party Application _, E3/4769, ERN 00893757; and Civil Party Application E3/5076, ERN 00857598. 124 Oral testimony of Civil Party OR Ry, El!145.1, ERN 00865835 at lines 7-9, 22 November 2012 (confirming that "they already classified people into various classes ( ... ), the Base People and the New people."). 125 Third Year Anniversary of the Organization of Peasant Cooperatives, 20 May 1976, E3/50, ERN 00636015- 00636016. 126 Oral testimony of Civil Party CHHENG Eng Ly, El!198.1, ERN 00917312 at lines 19-21, 29 May 2013 (describing "Our living conditions at that time were described in three categories; those who were in the senior age, middle age, and youth or the younger age."). 127; Oral testimony of Civil Party SENG Sivutha, E1!200.1, ERN 00918687 at lines 18-19,04 June 2013 (stating "we were sent to ( ... ) a mobile unit"). 128 Oral testimony of Civil Party SOPHAN Sovany, El/199.1, ,ERN 00917694 at lines 14-18,30 May 2013 (remembering "we separated from one another. As I was assigned to live in a children unit, my mother lived separately. My grandmother and grandfather lived separately and the rest of the family members ( ...) lived separately."); Oral testimony of Civil Party YIM Sovann, El!135.1, ERN 00855716 at lines 19-23, 19 October 2012 (describing "then they separated my siblings. My younger brother was separated ( ... ) and, myself, was

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separated ( ... ). And my father was also split from us."); Oral testimony of Civil Party SOU Sotheavy, El!197.1, ERN 00916550 at lines 2-4, 27 May 2013 (stating "my children were sent to the children unit and my husband was sent to word in the rice field in a separate group and I was living in the village."); Civil Party Application _, E3/4756, ERN 00864559 (stating "Then we were sent to different squads. ( ... ) I did not see my parents or siblings because we slept in different shelters."); Civil Party Application _ E3/4837, ERN 00891226 (remembering "After we had lived together for a week, the Khmer Rouge told us Angkar would segregate members of each . and Civil Party Application _ E3/4773, ERN 00890599. 129Civil Party Application E3/5088, ERN 00569593 (7 years old at the time stating "I was separated from my parents as I was force to live with other children who were collected from nearby villages. ") 130 Civil Party Application E3/4827, ERN 00893358. 131 Civil Party Application E3/4808, ERN 00891198. 132 Oral Testimony of Witness NY Kan, E1!76.1, ERN 00811680.at lines 17-19,28 May 2012 (veritying "As indicated time and again, it was the upper echelon who made ( ... ) that decision."). 133 Record ofCPK Standing Committee visit to Northwest Zone on 20-24 August 1975, E3/216, ERN 00850976 (asserting "but be vigilant against no-good elements among the new people taking advantage of things ( ... )"). 134 Civil Party Application of_, E3/4811, ERN 00893347 (stating "the people who had been evacuated there were regarded as '17 -April people'. They were tracked and followed closely by the Commune soldiers and Base militiamen ( ... ) Some of them were subsequently killed."); and Civil Party Application of_, E3/4859, ERN 00888498 (remembering "in early 1976, the Angkar again called for those who linked to the jobs of[government's] work, soldiers, and urged people to tell them the truth so that they would send those people to have study sessions in order to rebuild the country."). 135 "Revolutionary Flag" Issue 6, June 1977, E3/135, ERN 00446879. 136 Oral testimony of Civil Party SOEUN Sovandy, E1!200.1, ERN 00918650 at lines 2-6, 04 June 2013 (stating "When they took the biography of the people, they actually could recognize the actions of people from Kampuchea Krom"); Oral testimony of Civil Party AFFONCO Denise, El!152.1, ERN 00871242 at lines 10- 12, 12 December 2012 (stating "it was a trap; it was only a way for the Khmer Rouge soldiers to try and week out the intellectuals from the others."); and see also Consideration on the history of Cambodia from Early stage to the Period of Democratic Kampuchea by KHIEU Samphan, E3/16, ERN 00498285 ("This was the principle of vigilance to prevent enemy agents some countries from being able to bore holes from within the Kampuchean revolutionary state authorities. So then, it was imperative to grasp the history of each person ( ... ), the easiest thing to do was to differentiate them into old people and new people."). 137 Oral testimony of Civil Party CHAN Socheat, El!198.1, ERN 00917263 at lines 13-18, 29 May 2013 (remembering "They actually punished us all day. ( ... ) They contempted us. They threatened to hit us with a hoe. So we had to work extremely hard at that time, beyond any human capacity to handle the hard labour they put down to us."); and Oral testimony of Civil Party _, El!197.1, ERN 00916537 at lines 6-10, 27 May 2013 (veritying "Yes, indeed, we were under constant watch by the Khmer Rouge cadres when we were working in the work sites in the mobile units. We lived in fear, every day we feared that we would be taken away for execution. So, we had to obey the instructions and orders."). 138 Oral testimony of Civil Party CHHENG Eng Ly, El!198.1, ERN 00917305 at lines 7-10, 29 May 2013 (stating "We lived with the deprivation of food and we were only given a ration, and the word "ration" there it means everybody would be given the same thing and that only applied for the New people. "). 139 Civil Party Application _, E3/4824, ERN 0089l2l65(describing "When a person fell ill and could hardly work, they did not give him or her food to eat.") and ERN 008912166 (stating "I was hospitalized ( ...) for more than a month. ( ...) My food ration was reduced."). 140 Oral testimony of Civil Party CHHENG Eng Ly, El!198.1, ERN 00917305 at lines 20-23, 29 May 2013 (describing "At 5 a.m we were asked to work until noon ( ...). We worked again, and in late evening we were given another three ladles, and then we worked . until about 10.00 or 11.00."). 141 Civil Party Application E3/4712, ERN 00446587 (stating "As we were afraid, other people and I we were sick or just gave birth to the baby. "). 142 Civil Party Application E3/4653, ERN 00864059 (stating "The work was under the control of Angkar who set plans for to ( ... ) Angkar's plan was that we had to produce three tons of rice in a hectare ofland.At the time, Angkar assigned us to work in groups."). 143 Civil Party Application , E3/4712, ERN 00446587 (stating "Whenever a plan was spelled out, it had to be followed. Ifpeople refused to do so, they would be killed."). 1440ral testimony of Civil Party SOPHAN Sovany , El!199.1, ERN 00917682 at lines 3-12,. 30 May 2013 (describing the working conditions "But again other there the work condition was harsh. The ground over there

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was full of rock and we had to break rock in order to make a canal. ( ...) our hands were bleeding and swollen. ( ... )"). 145 Civil Party Application _, E3/5006, ERN 00893423 (remembering "militiamen picked on both young and old people who were considered no longer . . them to be executed ( ... ). People went missing one after another."); Civil Party Application E3/5077, ERN 00858023 (stating "It was very painful to lose my brother ( ... ) who was executed for falling in love with a woman, ( ...) to lose my sister ( ... ) and her husband, who were killed because they were teachers."); Civil Party Application_ E3/4655, ERN 00892763 (stating "Two of my sons were executed because they stole a little food to relieve their hunger ( ... ) .. "). 146 Civil Party Application _, E3/4779, ERN 00891279 (stating "they had me carry human excrement to the paddy fields and work day and night relentlessly. My limbs became extremely swollen and so seriously infected that I could not work"). 147 Civil Party Application _, E3/4756, ERN 00864562 (stating " Due to insufficient food and overwork, I became boney. My ankle became even bigger than my head."); Civil Party Application _ .'E3/4786, ERN 00893533 (stating «With such limited food rations, we almost collapsed."). Civil Party Application _, E3/4690, ERN 00362185-00362186 (stating "Finally, all my family members ( ...) successively died because of forced labor, not enough food and illness without drug or proper treatment on time."); Civil Party Application _,E3/5096, ERN 00569892 (stating "On June/July of 1975 people began to get sick Food was running out, there was no clean water to drink and the Khmer Rouge did not give us any medicine. People (including my mother) were very sick with diarrhea. People started to die from illness and starvation. Some died every day."); Civil Party Application _, E3/4786, ERN 00893533 (stating «Later, my younger brother Ngoy died because of a lack of medical treatment."); and Civil Party Application _ E3/4655, ERN 00892762-00892763 (stating "When we were ill, we were not given any medicine. We were not even allowed to look for medicine on our own."). 149Civil Party Application E3/5076, ERN 00857597 (stating "I was then five years old. ( ...) I was made to live with children my age and work in rice farming. ( ... ) As a child, I led the life of an adult."). 150 Oral Testimony of Civil Party ROMAM Yun, ElII8.1, ERN 00759456 at lines, 7 December 2011 (remembering "Young people, old people, women, men and children had to work We had to work as hard as an animal ( ...)".) ; and Civil Party Application _,E3/5484, ERN 00464754 (stating "At that time, the Khmer Rouge forced people, ( ... ) regardless of whether they were men or women, to work both at daytime and nighttime."). 151 Oral testimony of Civil Party TOENG SOKHA, ElII47.1, ERN 00868403 at lines 18-19.4 December 2012. 152 Oral testimony of Civil Party CHAU Ny, ElII46.1, ERN 00866749 at lines 18-19, 23 November 2012 (stating "Due to the lack of food my three nephews, including my other sibling, got sick and died.). ; Oral testimony of Civil Party CHAN Socheat, ElII98.1, ERN 00917258 at lines 18-25,29 May 2013 (remembering "Next morning, two of my younger siblings died, ( ... ) And they continued to die. ( ... ) And a fortnight later, my father died."). 153 Civil Party Application _ E3/4824, ERN 00891214 (stating "some people decided to steal sweet potatoes ( ...) to fill their stomachs ( ... ). Whenever they were caught, they would be tortured to death or killed instantly."). 154Written record of Interview of Civil Party E3/5545, ERN 00387500 (stating "As I remember, that order was from Angkar."); Civil Party E3/4703, ERN 00417844 (stating "Angkar asked all the people to practice communal eating. ( ... ) I was very thin but Angkar asked me to carry soil ( ... ). Angkar had assigned my children to build dike ( ...)"); Civil Party Application _, E3/4837, ERN 00891225-00891226 (remembering "As soon as we settled there, the Khmer Rouge announced, 'Angkar has ordered you to work in the orchards."'); Civil Party Application _, E3/4841, ERN 00893379 (stating "No one dared complain or act against Angkar's orders."); Civil Party Application _, E3/4696, ERN 00404243 (remembering "he said 'Angkar request all mobile units go to do rice farming ( ...) in Battambang province because the soil there is rich ( ... )'."); Civil Party Application _, E3/4859, ERN 00888498 (stating "At night, the Angkar began livelihood meeting ( ...).");Civil Party Application _ E3/4705, ERN 00417851 (remembering "The Angkar sent me to work ar Mukh Pruok Thmei."); Civil party Application _, E3/4867, ERN 00891248 (stating "Angkar set targets for people to implement. ( ... ) set out the plan for the people to dig 25 meters of the canal a week, ( ... )."); Civil Party Application E3/4913, ERN 00893690 (stating "I was instructed to follow the plan of Angkar, 'Moves Forward by Leaps and Bounds'."); Civil Party Application _, E3/4763, ERN 00818604 (remembering "Sometimes I was accused of being reluctant to do the tasks assigned by the Angkar ( ... )."); Civil Party Application _, E3/4769, ERN 00893757 (stating "They said that we did not have to feel

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concerned because while we were staying with Angkar, we would be well supported"); and Civil Party Application E3/S108, ERN 00571039 (stating "Now it was clear to me to think that of Angkar ( ... ). Angkar intended to inflict inhuman sufferings on us because he wanted to punish us or to get rid of us. We were divided by Angkar as sub human race from the revolutionary people, and we were treated as of less valuer than the animals."). 155 Written Record ofInterview of Witness _, E3/464, ERN 00226110 (remembering, as his driver, "I took Khieu Samphan who accompanied Prince Norodom Sihanouk to visit the provinces of Siem Reap, Battambang, Kampot and Kampong Som."). 156 Written Record of Interview of Witness E3/3962, ERN 00293366 (stating "In 1976, I also saw KHIEU Samphan and IENG Sary inspecting the rice farming."). 157 Written Record ofInterview of Witness _, E3/68, ERN 00401821 (remembering "At that time there was a special meeting in Koh Tholl I took a picture there then, in which Khieu Samphan was standing ( ...)."). 158 Second Open Letter of Khieu Sampha, 29 December 2003, E3/S92, ERN 00002803 (stating "I saw with my own eyes some achievements, which I had long wanted to have, such as irrigating the countryside by channeling water from Trapeang Thmar Water Reservoir ( ...) and Kamping Puoy Water Reservoir ( ...) and the endless rice paddies shaped in a checkerboard pattem.").

159 Oral testimony of Witness SAUT Toeung, E1!64.1, ERN 00802624 at lines14-l5, 19 April 2012. 160 Oral testimony of Witness SAUT Toeung, E1!64.1, ERN 00802626 at lines 1-2, 19 April 2012. 161 Oral testimony of Witness SAUT Toeung, E1!64.1, ERN 00802628 at line 6-14,19 April 2012 (answering Civil Party Lawyer question "When you witnessed that the dam was not constructed very well, did Nuon Chea see that?": "Yes, he did ( ... ) He simply summoned other to advise them ( ... ). He would ask those responsible for the project for advice."). 162 Oral testimony of Witness SAUT Toeung, E1!64.1, ERN 00802629 at line 21, 19 April 2012. 163 Third Year Anniversary of the organization of the Peasants Cooperatives, E3/S0, 20 May 1976, ERN 00636014. 164 Revolutionary Flag, April 1977, E3/742, ERN: 00478503 ("it is imperative to concentrate on the command committees or the commanders at each location large or small and make then clean and strong to lead both the fight and struggle against the enemy, ( ... ) as well as the struggle to increase production following the Party's plan"). 165 CPK Magazine entitled Revolutionary Male and female youths, March 1976, E3/7S2, ERN: 00593570 ("our revolutionary military ( ...) hold the weapon on one hand to absolutely provide the security for the people ( ...) and on another hand they carry hoe and basket to attack to build dikes and canals jointly with our cooperatives peasants"); Democratic Kampuchea publication entitled Democratic Kampuchea is moving forward, E3/1388, ERN : 00050297 ("After liberation, gun in one hand and hoe in the other, men and women fighters and cadres of the Revolution Army have valiantly defended the country"); Civil Party Application of _ [D22/20161, E3/491S, ERN FR: 00849871 ("On defend avec une main et on construit avec une autre"); Pol Pot's little red book, the sayings ofAngkar, Henri Locard, E3/2812, ERN: 00394794 ("One hand for production, the other for striking the enemy"). 166 Committee 870 circular, 2i02/l976, E3/1173, ERN: 00525782. 167 Revolutionary Flag, April 1977, E3/742, ERN: 0047850l. 168 Decision of Central Committee regarding a number of Matters, 30/03.76, E3/12, ERN: 00182814-13; The Tragedy of Cambodia: Politics, TJizr and Revolution since 1945, p.262, E3/14, ERN: 00105838; United Nations Economic and Social Council, Analysis prepared on behalf of the Sub Commission by its Chairman of materials submitted to it and the Commission on Human Rights under decision 9 of the Commission on Human Rights, 30/0111979, E3/2060, ERN: 00078660; Amnesty International Submission, 14/07/1978, E3/2410, ERN: 00609068. 169 Revolutionary Flag, August 1975, E3/S, ERN: 0040l49l. 170 Committee 870 circular, 27/02/1976, E3/1173, ERN: 0072485; Oral testimony of Civil Party Oeun EM, El!l1S.1, ERN: 00842939 at lines 8-16 (confirming that Khieu SAMPHAN stated that "If the Party wanted us to do anything, we would need to accomplish it at all costs"). 171 Considerations on the History of Cambodia From the Early Stage to the Period of Democratic Kampuchea, E3/16, ERN: 0049823l. 172 Oral testimony of Civil Party Oeun EM, T., El!l1S.1, ERN: 00842923-24 at lines 19-22. 173 Speech extract of a CPK representative during a meeting that occurred the 30/09/1974, E3/1108, ERN: 00583826 ("Please bear in mind that before we attack the outside enemy, we must attack the enemy inside each of us first»).

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174 Democratic Kampuchea Constitution between 1975 and 1979, Chapter Seven, Article 10, E3/259, ERN: 00184836. 175 Oral testimony of Civil Party Srey Phill PECH, T., El!148.1, ERN: 00868167 ("Smashed meant to kill. It is really precisely clear. No doubt"), Location: Pursat Province; Civil Party Application of [D22/2947], E3/5004, ERN: 00871743, Location: Kampong Chhnang; Civil Party Application of [D22/328], E3/4744, ERN: 00864492, Location: Kampot Province; Civil Party Application of [D22/3744], E3/5083, ERN: 00889676, Location: Kampong Thorn Province; Oral testimony of Gueak Eav KAING alias DUCH, T., E1!50.1, ERN: 00792616 at lines 3-11 (when the Prosecutor asked the difference between "resolve" and "smash", Duch answered ""Smash" means executed. You know they are used interchangeably because they're the same terms. The ultimate goal is that the person is dead"). 176 Oral testimony ofKAING Gueak Eav alias DUCH, T., E3/55, ERN: 00330349 at lines 7-19, 21 May 2009 ("Light prisoners, if they worked, behave well, and otherwise survived the inhumane conditions could eventually be released back to their cooperatives or other organizational units. Serious prisoners, by contrast, were typically either worked to death or executed outright"); Written Record of Interview of Witness LIM Sat, E3/364, ERN: 00250761. 177 Civil Party Application of_, E3/4744, ERN: 00864492 ("Comrade Chhim, village chief, said to the meeting, "The people arrested before were the resistance; therefore, we must smash them, and all of you have to be careful in the future. If someone dares to oppose us, they will be executed like those enemies "'), Location: Kampot Province; Written Record of Interview of the witness Rin CHHOUK, E3/362, ERN: 00268899 ("The term 'smash' means 'arrest and kill'), Location: Kampot Province; Decision of the Central Committee Regarding a Number of Matters, «The right to smash, inside and outside the ranks », 30/03/1976, E3/12, ERN: 00478501; Oral Testimony of Steve REDER, T., E1!223.1, ERN: 00940835 at lines 9-25 and ERN: 00940836 at lines 1-4, 15 July 2013 (answering the question of the International Lead Co-lawyer about the language used by the Khmer Rouge and especially the one related to the enemy "There was a particular and easily recognizable , ( ... ) a political dialect that was widely used by cadres and ordinary people alike ( ...) under the CPK administration in the same way that there was a difference between the language that was ( ...) spoken under Sihanouk and the political language that was spoken under Lon Nol, but more dramatically"), ERN: 00940839 at lines 1-12 (answering the International Lead Co-lawyer questions: "Did you see it in statements made by cadres and members of the Party?", A.: "Yes. And I would add also among the ordinary population, both new and veteran"). 178 Oral testimony ofSokha CHUM, T., El!136.1, ERN: 00856724 at lines 14-17,22 October 2012 ("It was a general regard. They treated us as enemies. First, they only presumed that we were enemies, but if we committed any small wrongdoing, then we were really enemies"). 179 Oral testimony of Denise AFFONCO, T., El!152.1, ERN: 00871244 at lines 15-17, 12 December 2012 ("We were already considered as a family of traitors. There was also the names of all families of whom the head of the family, the husbands or men, had already disappeared."); Written Record of Interview of Civil Party _ _ , E3/5543, ERN: 00384780-00384782 ("The Khmer Rouge accused my father of being a captain in the LON Nol Army ( ... ). My father was beaten up and interrogated. Five days after his arrest, all my family including my mother and I were taken to Ta Ney Prison ( ... ) Only eight out of 100 families survived from the prison."), Location: Sihanouk Ville Province; Written Record of Interview of Civil Party Ret MAUNG, [E3/5592, ERN: 00434944, Location: Pursat Province; Civil Party .. of E3/4686, ERN: 00379364, Location: Kandal Province; Civil Party Application of E3/5108, ERN: 00571041 ("At that time, when the Khmer Rouge arrested a member of remaining family was also in great danger. The Khmer Rouge soldiers (... ) came at night and took the rest of the . to a to be killed"), Location: Prey Veng and Svay Rieng province; Civil Party Application of E3/4707, ERN: 00417896-97 (<< My wife and 1( ... ) were arrested ( ...) by the KR soldiers, accusing me of being an enemy as I told I was the teacher. ( ...)Later on, my wife and children were sent to the prison and stayed with me"), Location: Kratie Province. 180 Civil Party Application of _, E3/5000, ERN: 00793363 ("Any person, who the Khmer Rouge perceived to have tendency toward Lon Nol soldiers, teachers; American CIA, they would be taken for execution because they were accused of being the enemies of the Revolution"), Location: Battambang Province. 181 Oral testimony of Civil Party Denise AFFONCO, T., El!152.1, ERN: 00871242 at lines 5-12, 12 December 2012 ("They then handed out sheets of paper and they told us, "You are going to write to us exactly what you did before. Angkar wants to know what you did in Phnom Penh ( ... ). However, it was a trap; it was only a way for the Khmer Rouge soldiers to try and weed out the intellectuals from others"); Oral testimony of of Civil Party EM Oeun, T., El!113.1, ERN: 00841936 at lines 18-20,23 August 2012 (confirming that Nuon Chea especially targeted "Intellectual and students, those who graduated abroad" in a speech given in Borei Keila); Written Record of Interview of Civil Party E3/4657, ERN 00353702, Location: Kandal Province, Pursat Province; Civil Party Application E3/4656, ERN 00893383 ("They went around asking and

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searching for those citizens who were doctors, teachers, soldiers, military personnel or professors and then killed them and their whole families"), Location: Takeo Province; Civil Party Application of E3/1657, ERN: 00842559, Location: Mondul Kiri Province; Civil Party Application of E3/4668, ERN 00238411, Location: Kampong Cham Province; Civil Party Application of ERN 00893416- 00893417, Location: Kampong Thorn Province; Civil Party Application E3/4653, ERN 00864059, Location: Kampong Cham Province; Civil Party Application of E3/5101, ERN 00891084-00891087, Location: Kandal Province. 182 Civil Party Application of_, E3/4733, ERN 00490618, "He came to help the country but he was executed instead", Location: Phnom Penh; Civil Party Application of Chantha HUO, E3/5730, ERN 00402960, Location: Kandal Province. 183 Oral testimony of Civil Party Sovann YIM, T., El!135.1, ERN 00855724 at lines 5-7 and 12-13, 19 October 2012 ("Those who were tied with their hands behind their backs were ( ... ) the 17 April people ( ...) because they were considered enemies ( ... ) those who were taken to Security Office ( ...) never returned"), Location: Kandal Province and Pursat Province; Oral testimony of the witness PECHUY Chipse, T., El!143.1, ERN 00861517 at lines 5-9, 12 November 2012 ("The New people, actually, at that time, ran the risk of being accused as traitors, so they had constant fear ( ... ). There was a clear segregation between the New people and Old People.") Location: Siem Reap; Civil Party Application of _, [D22/3744], E3/5085, ERN: 00889676 ("They said that the new people were enemies that they could kill at any time"), Location: Kampong Thorn Province. 184 Oral testimony of Civil Party Sovann YIM, T., El!135.1, ERN: 00855709 at lines 18-20, Location: Pursat Province. 185 Oral testimony of Civil Party Bony LAl, T., El!137.1, ERN: 00857074 at lines 8-11, 23 October 2012 (<

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Sophany BAY, ElI200.1, ERN: 00918622-00918623 at lines 17-25 and 1-11,4 June 2013 (about a woman accused of being an enemy and severely beaten for having allegedly stolen a pumpkin); Oral testimony of Civil Party Srey Phal PECH, T., ElII48.1, ERN: 00868191 at lines 8-9, 5 December 2012 ("My younger brother who was 14 years old and out of hunger he stole a . and he was smashed"), Location: Kandal Province ; Written Record ofInterview of Civil Party [D246/11], E3/5543, ERN: 00384779, "a case of a young boy named Nuc, he was very hungry, and he stole food. The Khmer Rouge tied him and put him in a sack and threw him in a creek, but he survived and returned to the co-operative. The Khmer Rouge threw him again into the creek two or three times, he did not die, but finally the Khmer Rouge killed him with a sharpened wood stick."), Location: Kampot Province; Civil Party Application of _, [D22/3765], E3/4655 , ERN: 00892763, ("I saw the killing of many other people because they had stolen half a bottle of palm juice, a dozen of eggs, a chicken, or a small amount of rice from the rice fields. Those people were executed or beaten and tortured to death. Two of my sons were executed because they stole a little food to relieve their hunger."), Location: Battambang Province; Civil Party Application of _, [D22/2845] , E3/4996, ERN: 00840058, Location: Pursat Province. 190 Civil Party Application of [D22/144], E3/4698, ERN: 00404496, Location: Siem Reap Province. 191 Oral testimony of Civil Party Bony LAY, T., ElI138.1, ERN: 00857243 at lines 4-5, 24 October 2012 (<

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I saw that they dig the ground and then they unclothed her and they just beat her with a hoe and she was beaten to death. And then, when she actually fell down on the ground, the foetus in her abdomen was probably reacting, and then the soldier used a knife in order to cut open the women's abdomen."); Written Record of Interview of Civil Party _ E3/S311, ERN: 00373370 ("While I was in the mobile unit ( ...) the Khmer Rouge arrested a man and woman, tied them together and transported them for execution. The two persons were accused by the Khmer Rouge of loving each other which was considered as a moral offence at that time."), Location: Pursat Province; Civil Party Application of_ E3/48S9, ERN: 00888499, ("If militias found any youth spoke with a girl, he would be accused of . immoral and taken to be executed"), Location: Pursat Province; Civil Party Application of E3/ 4898, ERN: 00853159, Location: Battambang Province 196 Oral testimony of Civil Party MEAS Saran, T., El!14S.1, ERN: 00865749 at lines 1-3,22 November 2012. 197 Committee 870 circular, 27/02/1976, E3/1173, ERN: 00525782. 198 Revolutionary Flag, April 1977, E3/742, ERN: 00478495-00478496. 199 Oral testimony of Civil Party Srey Phal PECH, T., El!148.1, ERN: 00868159 at lines 8-9, 5 December 2012 ("We were accused of being feudalists; had a tendancy toward the Lon Nol or the CIA"), Location: Pursat Province; Civil Party Application of _, E3/S000, ERN: 00793363 ("The Khmer Rouge investigated to find who had gone to study in Khmer Soviet school, who was the KGB agents, and who had high education. When they were found, the Khmer Rouge considered them to be the agents of KGB and CIA, then [they] would take them to be executed"), Location: Battambang Province; Civil Party Application of_, E3/4686, ERN 00379364, Location: Kandal Province. 200 Civil Party Application of _ (former messenger during the Khmer Rouge Regime), E3/S000, ERN 00793363. 201 Revolutionary Flag, Issue 6, June 1977, E3/13S, ERN 00446857, (<< We internally purged the Party well at every echelon, in every section, from top to bottom ») ; Written Record of Witness Interview of Rin CHHOUK alias Sokh, E3/361, ERN: 00766452-00766453 and 00766455, Location: Phnom Penh; Written Record of Witness Interview ofRin CHHOUK, E3/362, ERN: 00268899. 202 Civil Party Application of_, E3/S099, ERN: 00569924 (<

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in Phnom Penh'''.); Civil Party Application of _, E3/4686, ERN: 00379364 ("The Chief of prison had our biographies made focusing on the betrayal activities"), Location: Kandal Province. 206 Civil Party Application of _, E3/4656, ERN: 00893383 ("The Chief of Unit there ( ... ) asked me about my husband's whereabouts. ( ...)Those Khmer Rouge soldiers were very good at investigating. They went around asking and searching for those citizens who were doctors, teachers, soldiers, military personnel or professors and then killed them and their whole families.") Location: Takeo Province; Civil Party Application of ~,E3/4854, ERN: 00891235 ("They were very good at tricking"), Location: Pursat Province. Minutes of Meeting on local affairs, 08/03/1976, E3/232, ERN: 00182631 ("Therefore, there are two stages. Question and keep them at one site, and report to upper echelon along with a case file."). 208 Written Record of Interview of Civil Party _, E3/5163, ERN: 00176405-00176406 ("The only question I was continually asked was whether I belonged to the CIA or the KGB. ( ... )1 was interrogated over 12 days and 12 nights. I was taken from my cell at 7:00 in the morning, 1 was interrogated until 11 :00, then I was brought back to my cell, then interrogated again from 1:00 pm to 5:00 pm and from 7:00 pm to 11:00 pm."), Location: Phnom Penh, S-2l; Civil Party Application of_, E3/4811, ERN: 00893348 ("While I was detained there, they tortured and interrogated me every day."), Location: Pursat Province. 209 Oral testimony of Civil Party PO Dina, T., El!199.1, ERN: 00917729-00917730 at lines 24-25 and 1-5,30 May 2013 ("I saw a man, he was tied up and he was blindfolded with a plastic bag. His hands were tied behind his back and his chest was tied, and he was asked a question whether he was a Lon Nol soldier and he replied no. They kept asking the same question if he was a Lon Nol soldier and he kept replying the same thing. Then they kept beating him up."); Written Record ofInterview of Civil Party of _, E3/5547, ERN: 00388620 ("Sometimes, they used the plastic bag to cover over my head and poured water on it to make me suffocated.") Location: Pursat Province; Written Record of Interview of Civil Party _, E3/5546, ERN: 00387496 ("They tortured me by electrocuting me, covering my head with plastic bag, and pouring water on it. I did not answer anything; ( ...) they tortured me seriously by hitting on the head and my right leg until they bled and until I could not walk; they then stopped torturing me."), Location: Pursat Province; Written Record of Interview of Civil Party _, E3/4661, ERN: 00146763 ("I was beaten for the answer with whip, rattan stick, and electrocuted. At every questioning, I was painfully tortured and I cried"), Location: Phnom Penh; Civil Party Application of _,E3/1746, ERN: 00887781 ("they struck me with the stick and wrapped my head and face with the plastic raincoat again, and this time they used the live electrical wire to shock me until I fainted."), Location: Kampot Province; Civil Party Application of E3/4811, ERN: 00893348- 00893349, Location: Pursat Province; Civil Party Application of E3/4666, ERN: 00156814 electrocuted me until I was unconscious"), Location: Phnom Penh; Civil Party Application of E3/4698, ERN: 00404496 ("Seven days later, I was brought out of the cell to be interrogated again. Comrade Pronh put my head into a plastic bag and tied it tightly. Then, he kicked me in the ribs two times causing me fall down and lost conscious"), Location: Siem Reap Province; Civil Party Application of_, E3/1656, ERN 00822810 ("The tips of his fingers and toes were cut off; and the cruelest one was that the head of his penis was cut off, making him agonizingly half-dead. He was forced to eat it and was asked whether or not it was delicious"), Location: Mondulkiri Province. 210 Civil Party Application of_, E3/1746, ERN 00887781-00887782, Location: Kampot Province. 211 Oral testimony of Civil Party CHHENG Eng Ly, T., El!198.1, ERN: 00917307 at lines 6-8, 29 May 2013 (who has been told by two soldiers, after having seen a woman executed and burried alive 'Now, you see what happen. Now you return to work'); Oral testimony of Civil Party SOPHAN Sovany, T., El!199.1, ERN 00917683 at lines 9-24, 30 May 2013 ("She got one piece of potatoes ( ...). They just frogmarched her out and then they blindfolded her and they just knock her to the earth. And then she actually beat her until she was motionless. And then they unfolded that - and then when they open - they actually untied the blindfold as well as the plastic that she was covered with. We saw the blood everywhere and she was taken away. She was dragged away like animal, like dead animal anywhere. So this imagine was very sorrowful for me and I can never forget it. And then they once again take this as an example for all of us. They warn us that if we committed any wrong doing as the lady was doing then we would end up in the same fate") ; Civil Party Application of_, E3/4687, ERN: 00375736 ("another prisoner named Ry fled to collect bamboo shoot to eat but soldiers hunted and caught him. He was ordered to dig the hole for himself They cut his belly open while he was still alive and kicked him down into the hole. All other prisoners . in a row were ordered to look at their act."), Location: Kampot Province; Civil Party Application of E3/4698, ERN: 00404496 ("At that time, comrade Pronh got a stick and beated a prisioner was unconscious. The prisoner was dragged away and left under a mango tree. Comrade Pronh then threatened me, 'You have seen the way I treated him! If you don't confess, I'll beat you in the same way I beated him.' After he lit a plastic bag making its hot droplets fall down in order to frighten me, he started interrogated me"), Location: Siem Reap Province.

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212 Advice of 870 about bomb drop of American imperialist into Siem Reap province, 27/02/1976, E3/1173, ERN: 00525782. 213 Oral testimony of Civil Party CHUM Sokha, T., ElI136.1, ERN: 00856716 at lines 5-15, 22 October 2012 ("Every evening, there had to be a meeting, a group meeting as instructed by Angkar. It was called a Livelihood Meeting where we criticized ourselves, criticized one another and whether we achieved the quota set by Angkar; and, if we did not finish the quota, what was the reason for the failure; and, that we had to commit ourselves to the plan set forth by Angkar. We would be criticized on the spot if we failed to adhere to the plans by Angkar; we would be alleged of not allowing Angkar, or to interfere with the historical will of Angkar"); Oral testimony ofKAING Gueak Eav alias DUCH, T., E1I52.1, ERN: 00793748 at lines 8-11,21 March 2012 ("Secondly, the "Livelihood Meeting", as I have said, is a means to educate oneself and to build the Party branch on the basis of the political - the Party lines. We meet every month and everyone is criticizing each other."). 214 Oral testimony of Civil Party Denise AFFONCO, T., ElI152.1, ERN: 00871265 at lines 5-6 and ERN: 00871273 at lines 14-18, 12 December 2012. 215 Oral testimony of Civil Party YIM Sovann, T., ElI135.1, ERN: 00855710 at lines 21-23, 19 October 2012 (<< There were self-criticism meetings. ( ... )Most of the time, they criticized the 17 April people »), Location: Pursat Province. 216 Oral testimony of Civil Party LAY Bonny, T., ElI138.1, ERN: 00857266-00857267 at lines 22-25 and 1-3, 24 October 2012 ("the purpose was for people to criticize anyone who was a member of the group who made a mistake. Base People would be able to deny or to protest any criticism, but for us, the 17 April people, we kept silent ( ... ) and try to not make mistake again"), Location: Kandal Province; Written Record of Interview of Civil Party _ E3/4657, ERN 00353704 (<< The people reported to the Khmer Rouge about people who were lazy. If the same person was reported twice and had not changed their behavior, the Khmer Rouge would take the person away to be killed"), Location: Pursat Province. 217 Oral testimony of Civil Party KIM Vanndy, T., ElI148.1, ERN: 00868224 at lines 15-17,5 December 2012 ("Because they accused me of being the son of a traitor, they shackled my feet and they actually beat me"), Location: Kampong Cham Province; Oral testimony of Civil Party Denise AFFONCO, T., ElI152.1, ERN: 00871244 at lines 15-17, 12 December 2012 ("We were already considered as a family of traitors. There was also the names of all families of whom the head of the family, the husbands or men, had already disappeared."); ERN: 00871258 at lines 12-14 ("the only people building that particular dyke were women from what they called 'traitorous families'. I was on the team building the 'Widows' Dyke'); Oral testimony of KAING Gueak Eav alias DUCH, T., E1I61.1, ERN: 00800503 at lines 12-15, 9 April 2012 ("So the principle of arresting the parents and brought along the children were, in practice, common for hundreds and thousands, but there were of course the gaps of those children who as I mentioned earlier"). 218 Civil Party Application of E3/5101, ERN 00891082, Location: Kampong Speu Province. 219 Civil Party E3/1660, ERN 00814626, Location: Mondul Kiri Province; Civil Party Application of E3/1658, ERN: 00842568, Location: Mondul Kiri Province. 220 Oral testimony of Civil Party OR Ry, T., ElI146.1, ERN: 00866698 at lines 22-24, 23 November 2012 ("I witnessed the killing with my own eyes. It was full moon and they were all armed and they fired upon my family members."), Location: Pursat Province; Oral testimony of the witness MEAS Voeun, T., ElI131.1, ERN: 00855085 at lines 2-6, 10 October 2012 ("They told me that they could not sleep very well at night because they had been fearful and they noted that a Jeep would be seen coming to the location. And, again, some nights, people came from to report on these incidents."), Location: ; Civil Party Application of_, E3/4686, ERN 00379364, Location: Kandal Province. 221 Civil Party Application of _, E3/4855, ERN 00891239 ("A Khmer Rouge military officer, searched for 'civil servants', saying Angkar would send them to study. They then arrested my husband and my uncle ( ... ) and took them to be tortured, interrogated and killed ( ... ) on the accusation of being enemies."), Location: Siem Reap Province; Civil Party Application of _, E3/4676, ERN 00332219 ("one day Khmer Rouge militiaman came to take my older sister by saying that she would be joining education session. Later on, one villager came to tell me that my older sister had been executed and when I went to see her I really saw her dead"), Location: Pursat Province; Civil Party Application of_, [E3/5483, ERN 00391753 ("During the study meeting, Mr Nuon Chea told us: 'Comrade, you are the subordinates of the Party so the Party would never torture or execute you all. The party wants you all to study for the Party'. There were 286 people who were called by names to get on the trucks ( ... ) these 286 people were brought to Toul Sleng and executed there"); Civil Party Application of , [D22/3461], E3/5057, ERN: 00856522 ("a girl came to tell me that my husband had been taken to attend a study session"), Location: Kandal Province. 222 Oral testimony of the witness YUN Kim, T., E1I88.1, ERN: 00819694 at lines 5-9, 19 June 2012 ("People who would be arrested would be called to the meeting."), Location: Kratie Province.

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223 Civil Party Application of _ [D22/2891], E3/4998, ERN: 00893417, Location: Kampong Thorn Province; Civil Party Applicat~, [D2211414], E3/4854, ERN: 00891235, Location: Pursat Province, Battambang Province; Civil Party Application of _ [D22/2896], E3/5000, ERN: 00793363 ("[The Khmer Rouge] announced that if civil servants of Lon Nol had served in [previous positions], they would be allowed to resume theirs. Since the people wanted jobs, they increased their positions by saying that they had worked in this or that department. After their investigation, the Khmer Rouge took those civil servants to execute by using a term that they 'would be taken to further study'. But the term 'study' was meant to be taken for execution. This 'study' term was a just concealing term which made people not be anxious or worried"), Location: Battambang Province. 224Civil Party Application of _, E311657, ERN: 00842559, Location: Mondulkiri Province; Civil Party Application of~44], E3/5085, ERN: 00889676 said 'if you re kept, no gain, if you re pulled out, no loss"'); Civil Party Application of [D22/3820], E3/5101, ERN: 00891082 ("Their slogans stated: 'No gain in keeping, no loss in wedding out"). 225 Oral testimony of Civil Party Denise AFFONCO, T., El!152.1, ERN: 00871240 at lines 12-19, 12 December 2012 ("They arrested a neighbor who was a teacher and another neighbour who was a soldier ( ... ) I was told, 'Don't worry, Angkar just needs some information.'( ...) On the second day, I was told, 'Don't worry, he's still alive; he just needs to be reformed. Angkar is simply re-educating him.' And I never saw him again."); Written Record of interview of Civil Party _ [D277/5], E3/5558, ERN: 00381011 ("They said that these people were taken for re-education, but in fact they disappeared"), Location: Takeo Province; Written Record of interview of Civil Party _, [D277/6], E3/5559, ERN: 00377368 ("I saw that many people were arrested. We were told that they were sent to be re-educated; however, we never saw them coming back. We knew that sending to be re-educated or refashioned meant being killed"); Civil Party Application of_ [D22/2896], E3/5000, ERN: 00793363 ("the word study was meant to be taken for execution"). 226 Oral testimony of Civil Party EM Oeun, T., El!113.1, ERN: 00841941-00841942 at lines 15-25,23 August 2012. 227 Revolutionary Flag, June 1976, E31760, ERN 00509614; Revolutionary Flag, Special Issue, April 1977, E31742 ERN 00478495. 228 Revolutionary Flag, Special Number, May-June 1978, E3/727, ERN: 00185324. 229 Civil Party Application of _, [D22/623], E3/4780, ERN: 00893530, Locations: Kampong Cham Province, Kampong Thorn Province; Civil Party Application of 423], E3/4855, ERN: 00891237, Location: Siem Reap Province; Civil Party Application [D22/525], E3/4774, ERN: 00850912, Location: Kandal Province; Civil Party Application of 0], E3/5483, ERN: 00391753; Location: Phnom Penh; Civil Party Application of [D22110], E3/4667, ERN: 00347789, Location: Phnom Penh. 230 Civil Party Application of_, [D22/83], E3/4686, ERN: 00379364, Location: Kandal Province; Civil Party Application of~1130], E3/4811, ERN: 00893348-00893349, Location: Pursat Province. 231 Oral testimony of Civil Party YIM Sovann, T., El!135.1, ERN: 00855725 at lines 5-12, 19 October 2012 (confirming that "Those who were at Security Centre 7 were under close surveillance, but still allowed to work. They would be watched closely, and if they committed some other offences, then they would be sent to Security Centre 8"), Location: Kandal Province; Civil Party Application of _, [D230/2110], E3/5483, ERN: 00391752-00391753, Location: Phnom Penh. 232 Oral testimony of Civil Party LA! Bonny, T., El!138.1, ERN: 00857249-00857250 at lines 14-25 and 1-3,24 October 2012 ("'The location was the place for execution. At that place, I was pushed into a room, and I was terrified. It was incredible, because the plates -- the bowls that were used for serving rice were used to keep faeces -- excrement. And the stench was horrible. And I was there to remain in the prison. I had to place my nose close to a small hole so that I could breathe some oxygen."), Locations: Kampong Chhnang Province, Pursat Province; Oral testimony of Civil Party YIM Sovann, T., El!135.1, ERN: 00855725 at lines 8-10, 19 October 2012 ("the treatment was miserable for the prisoners, they were handcuffed, tortured"), Location: Svay Rieng Province; Written Record of Interview of Civil Party of [D246/11], E3/5543, ERN: 00384781 ("There were 200-300 prisoners at Ta Ney. Ta Ney di· mto and in each building, the Khmer Rouge put approximately 100 prisoners"), Location: Svay Rieng Province; Civil Party Application of , E3/4774, ERN: 00850912, Location: Kandal Province; Civil Party Application of ], E3/5057, ERN: 00856522, Location: Kampong Cham Province; Civil Party [D22/3746], E3/5084, ERN: 00800665, Location: Kandal province; Civil Party Application of [D22/3769], E3/5096, ERN: 00569894, Location: Battambang Province; Supplementary Information Form of Civil Party _, [D22/3211a], E3/5035, ERN: 00859293, Location: Takeo Province; Supplementary Information Form of Civil Party _, [D2211721a], E3/4875, ERN: 00889673 ("As for me, the Khmer Rouge shackled me and tied my arms backward until my both elbows

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touched. I was not able to sleep or to urinate. They did not give me any food to eat or water to drink. The shackles were made from a bar of wood. ( ...) As for the other 16 girls, they were shackled together in 2 rows, 8 £irls in each row"), Location: Kampot Province. 33 Oral testimony of Civil Party YIM Roumdoul who was 10 years old in 1975, T., El!199.1, ERN: 00917694 at lines 23-24,30 May 2013 ("when I lived in the children unit, I was tortured like an animal. I was beaten because I stole a potato."); Oral testimony of Civil Party YIM Sovann who was 15 years old in 1975, T., El!13S.1, ERN: 00855720 at lines 9-16, 19 October 2012 ("Because they were too hungry, they pick the rice from the rice com, and they were accused of being enemy, and they were taken away"); Oral testimony of AFFONCO Denise whose son was 10 years old in 1975, T., El!lS2.1, ERN: 00871252 at lines 12-18, 12 December 2012 ("Because, like all children of his age, once he went to find wood in the forest, and they picked up some wood that had been already cut by somebody else. The "chlop" caught them, and they were accused of theft. And they said, "You're going to be punished as you deserve." And they were taken off to a field where they had to dig all day without anything to eat or drink"). 234 Oral testimony of Civil Party KIM Vanndy who was 13 years old in 1975, T., El!148.1, ERN: 00868224 at lines 11-17,5 December 2012 ("They said that I was the son of a traitor and that I lied ( ... ). And at night, because they accused me of being the son of a traitor, they shackled my feet and they actually beat me and after one week, they took the shackle away"); Oral testimony of KAING Gueak Eav alias DUCH, T., E1!61.1, ERN: 00800503 at lines 12-13, 9 April 2012 ("So the principle of arresting the parents and brought along the children were, in practice, common for hundreds and thousands"). 235 Oral testimony of Civil Party SENG Sivutha who was 9 years old in 1975, T., E1!200.1, ERN: 00918683- 00918684 at lines 18-25 and 1,4 June 2013 ("I became exhausted ( ... ) with insufficient food to eat and I had to climb out of the pit carrying the pig excrement. I fainted and then I fell down ( ... ). They later tied me up to a tree and they beat me up. I cried. They kept beating and then they hit my left eye."); Oral testimony of Civil Party YIM Roumdoul who was 10 years old in 1975, T., El!199.1, ERN: 00917695-00917696 at lines 23-25 and 1-4, 30 May 2013 ("I lived in the Me Tuek commune and it was miserable. I was emaciated and I was swollen in part due to the lack of food. I did not have anything to eat. I was beaten unconscious once while I was in prison and in the morning, they interrogated me. I was tortured once again and I, as a child, was forced to engage in heavy work to dig soil, to carry soil, and to transplant rice seedlings."); Oral testimony of Civil Party YIM Sovann whose sister was 12 years old in 1975, T., El!13S.1, ERN: 00855720 at lines 9-16, 19 October 2012 ("As for my younger sister, she was in the children unit attached to Security Office 07. It was the - both security office and the child unit. And at that time the children working over there were given only two ladles of gruel; they were not given enough food to eat, and they simply picked the rice that were not yet ripe -- but because they were too hungry, they pick the rice from the rice com, and they were accused of being enemy, and they were taken away."); Oral testimony of Civil Party AUN Phally who was 13 years old in 1975, T., El!197.1, ERN: 00916536 at lines 20-23, 27 May 2013 ("Young people like me were forced to work. We were also forced to look for leaves to make fertilizer and we were beaten. And people were sometimes asked to engage in fighting. Young people in my group were asked to fight one another."); Written Record of Interview of Civil Party _, [D169/4], E3/S300, ERN: 00292999 ("There were a lot of children. There were also babies. Prison guards also beat children. For example, a three-year old girl was beaten with a key ring until she felt ill, and she died."), Location: Siem Reap Province. 236 Civil Party application of _, [D22/3280], E3/S041 , ERN: 00891046 ("Khmer rouge soldiers escorted people, ( ...) to a mass grave, and brutally smashed those people with rifles"), Location: Kampong Cham Province; Supplementary Information Form of Civil Party _, [D22!1721a], E3/487S, ERN: 00889673 ("On the 3rd day, they took us to the execution site about 100 meters away. They dug one pit of 1 meter square and 1 meter deep (when we sat in it, our head was up to its edge). They put 17 of us in that pit. ( ... ) They then ordered each girl to go down to stand inside the pit"), Location: Kampot Province. 237 Civil Party application of [D22/1130], E3/4811, ERN: 00893349, Location: Pursat Province; Civil Party Application of , E3/SS47, ERN: 00388621, Location: Pursat Province. 238 Civil Party Application of [D296/11], E3/SS92, ERN: 00434944 Location: Prey Veng Province, Pursat Province; Civil Party _, [D22/3280], E3/S041, ERN: 00891046 ("Khmer rouge soldiers escorted people, who were blindfolded with their hands tied behind their backs, to a mass grave"), Location: Kampong Cham Province. 239 Written Record ofInterview of Civil Party _, [D2-1], E3/4661, ERN: 00146764, Location: Phnom Penh; Civil Party Application of MEAS Thunchey, [D22!144], E3/4698, ERN: 00404496 ("Every day, I saw prisoners taken away by trucks to be killed in the forest in the Angkor area."), Location: Siem Reap Province; Written Record of Interview of Civil Party _, [D2-1], E3/4661, ERN: 00146764 ("I saw they brought people to the trucks waiting outside. ( ... ) later I knew they brought prisoners to Choeung Ek for execution. This happened every day, day and night."), Location: Phnom Penh; Written Record ofInterview of Civil Party_

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., [D246/7], E3/5540, ERN: 00384420 ("I saw people while they were executed at the killing site called Choeung Ek."), Location: Phnom Penh Province.

245 Oral testimony of Civil Party OR Ry, T., El!146.1, ERN: 00866696 at lines 19-24,23 November 2012 ("They threw my little brother into the air to be stabbed by a bayonet"), Location: Pursat Province; Written Record of Interview of Civil Party of _, [D246/10], E3/5542, ERN: 00373228, Location: Svay Rieng Province; Written Record ofInterview of Civil Party of_, [D169/4], E3/5300, ERN: 00292998 ("One day Mom brought in a boy who was about 10 years old; the boy was accused of attempting to escape from the prison. At that time Run, the prison chairman, was also there and he asked me to beat the boy with a club ( ...) I thought that if I did not beat the boy, Run would kill me, so I beat the boy hard on his back. The boy was hurt and he cried. ( ...) The following night, the boy was taken away to be killed"), Location: Siem Reap Province. 246 Written Record ofInterview of Civil Party _, [D22/505], E3/4769, ERN: 00893761 ("Young children were killed by being smashed against a tree"); Civil Party application of _, [D22/3280], E3/5041, ERN: 00891046 ("A truck carrying a lot of children from the rice fields off to the west ( ... ) being driven toward the east. Those children were taken for execution in the of Phnom Bros Phnom Srei"), Location: Kampong Cham Province; Civil Party Application of [D22/40], E3/4681, ERN: 00850907 ("I caught a putrid odour. As I sought to find out where the smell came from, I saw Khmer soldiers killing babies one after the other"), Location: Pursat Province; Civil Party Application of [D22/3849], E3/5108, ERN: 00571041 ("Most of the Eastern zone people ("Most of the Eastern zone people [including small babies and children] were killed by Khmer Rouge soldiers before the Vietnamese or the Cambodian salvation army could stop them."), Locations: Prey Veng and Svay Rieng province; DC-Cam Document, Interview with _ (former prisoner at Kraing Tachan prison), [D22/1370.1], E3/4846, ERN: 00527773 (''The children were taken far away from others to a village west of the prison called Samdach Village. That's where they kill all the children. I saw them severed some children's head under a palm tree"), Location: Takeo Province. 247 Oral testimony of Civil CHHENG Ly, T., El!198.1, ERN: 00917310 at lines 4-10, 29 May 2013. 248 Civil Party Application of [D22/3849], E3/5108, ERN: 00571041, Location: Prey Veng and Svay Rieng province. 249 Oral testimony of KAING Gueak Eav alias DUCH, T., E1!50.1, ERN: 00792600-00792601 at lines 24-25 and 1-5, 19 March 2012; Oral testimony of KAING Gueak Eav alias DUCH, T., E1!52.1, ERN: 00793678 at lines 15-22, 21 mars 2012 ("Security offices were established gradually over time "); Khmer Rouge Purges in the Mondulkiri Highlands Region 105, 2009, E3/1664, ERN: 00397607 ("In Mondulkiri, 100 soldiers accused of being White Khmer were detained in December 1974 at K-ll prison in Koh Nhek. Almost all were executed"). 250S_21 security centre, Au Kanseng security centre, Koh Kyang security centre, Kok Kduoch security centre, Kraing Ta Chan security centre, North Zone security centre, Prey Damrei Srot security centre, Phnom Kraol security centre, Sang security centre, Wat Kirirum security centre, Wat Tlork security centre. 251 Execution Sites in District 12, Steung Tauch and Tuol Po Chrey. 252 Closing Order 15 September 2010, D427, paragraph 178. 253 CPK Document entitled "Advice of 870 no 02-76 about bomb drop of American imperialist into Siem Reap province on 25/02.1976", 27 February 1976, E3/1173, ERN: 00525782. 2540ral testimony of Civil Party YIM Sovann, T., El!135.1, ERN: 00855712 at lines 22-25, 19 October 2012 (confirming that "These people were accused of being 'enemy elements' and taken to the security centre. They had no hope for survival. People who were taken there always disappeared."), Location: Kandal Province; Civil Party Application of _, [D22/3394], E3/5049, ERN: 00864757 ("They were 350 prisoners in that ~rison. Only 25 of them survived, while the rest were killed."), Location: Kampot Province. 55 Oral testimony of Civil Party PECH Srey Phal, T., El!148.1, ERN: 00868191 at lines 4-7, 5 December 2012 ("During the regime, the three years, eight months regime, I lost everything and, instead, I was terrified, emotionally and physically and it still remains with me today, the crimes that devastated myself and my family and my entire my entire nation and people"). 256 Written Record of Interview of Civil Party ••••••, [D246/11], E3/5543, ERN: 00384781, Location: Svay Rieng Province. 257 Written Record ofInterview of Civil Party _, who was detained in Tuol-Sleng prison from 1977 to 1979, [D2-1], E3/4661, ERN: 00146763-00146764 ("I was beaten for the answer with whip, rattan stick, and

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electrocuted. At every questioning ( ...) I was so painful tortured and I cried. ( ... ) they repeatedly tortured me and even slapped me that caused that caused me deaf until today"), Location: Phnom Penh. 258 Oral testimony of Civil Party OR Ry, T., El!146.1, ERN: 00866715- at lines 9-18, 23 November 2012, Location: Pursat Province. 259 Ibid, ERN: 00866698 at lines 22-24, ERN: 00866699 at lines 3-6 and ERN: 00866716 at line 4. 260 Oral testimony of Civil Party Denise AFFONCO, T., El!lS3.1, ERN: 00871974 at line 16, 13 December 2012. 261 Oral testimony of Civil Party YIM Roundoul, T., El!199.1, ERN: 00917699 at line 16, 30 May 2013, Location: Battambang Province, Pursat Province. 262 Oral testimony of Civil Party Denise AFFONCO, T., El!lS2.1, ERN: 00871266 at lines 1-3, 12 December 2012 ("We were told that ( ...) our children had become the children of Angkar"). 263 Oral testimony of Civil Party HUO Chantha, T., El!198.1, ERN: 00917293 at lines 2-5, 29 May 2013 (who endured the "horritying experience" of witnessing the killing of her mother, brothers and sisters by people from the detention centre). 264 Oral testimony of Civil Party AUN Phally, T., El!197.1, ERN: 00916526 at lines 16-24,27 May 2013 ("The pain I received at that time was so extreme and the pain inside was so unbearable as I was forced by the Khmer Rouge to separate from my parents forever. And after the collapse of the regime, only I survived amongst the rest of my family. And from that day onward, I considered myself a strange person that I lived by myself with no relatives and that's as a result of that vicious regime"), Location: Battambang Province. 265 Oral testimony of Civil Party YIM Roundoul, T., El!199.1 ERN: 00917700 at lines 3-5, 30 May 20l3, Location: Battambang Province, Pursat Province. 266 Civil Party Application Form of [D22/10], E3/4667, ERN: 00347789 (<

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military cadres must liberate the whole country. However, please bear in mind that before we attack the outside enemy, we must attack the enemy inside each of us first"). 271 CPK document entitled "Advice of 870 n° 02-76 about bomb drop of American imperialist into Siem Reap province on 25/02/76", 27 February 1976, E3/1173, ERN: 00072485 (<< the Standing Committee proposes using this event to reeducate the Party internally, the core organizations, the Army, and the masses, aimed at stirring up hatred of enemy to be hot and sharp at all times, aimed at building the stance of constant revolutionary vigilance ( ...) defending the fruits of the revolution absolutely and at all costs"). 272 Decision of central committee on a number of problems, 30/03/76, E3/12, ERN: 00182809 ("The right to smash, inside and outside the ranks ( ... ) - If in the base framework, to be decided by the Zone Standing Committee. - Surrounding the Center office, to be decided by the Central Office Committee. - Independent sectors, to be decided by the Standing Committee. - The Center Military, to be decided by the General Staff" ); Guidance of Central Committee of the CPK on the Party's policy towards Misled persons who have joined the CIA, served as Yuon agents or joined the KGB and opposed the Party, Revolution, People and Democratic Kampuchea, June 20, 1978, E3/763, ERN: 00275217- 20. 273 Minutes of the Standing Committee meeting on Base Work, 08/03/76, E3/232, ERN: 0018263l. 274 Report on the meeting of Commerce Ministry, 25-26 July 1976, E3/1110, ERN: 00583829 ("I. Enemy situations"); Ten-Day Report about situations of enemy, crowd and internal issues, Ministry of Commerce, 24/10/76 E3/846, ERN: 00234229-33; DK Ministry of Commerce Intergovernmental Communication entitled "Decision of Commerce Committee to send staff to Security Education Camp dated 17 October 1976", E3/174, ERN: 00548780-00548781; Decision of Chief of Commerce, 17/10/76, E3/962, ERN:00333254 (decision "to arrest and send [individuals] to security to interrogate for infonnation"). 275 Ieng Sary's diary, on the Congress of January 18, 1977, on the enemies in Cambodia, E3/S22, ERN: 00003330-00003331; Working with Committee's chief of all Unit, 12/09/1977, E3/8S7, ERN: 00185413- 001185417. 276 Letter from Nhim "To respected Angkar" about the general situation and work in Zone, (Reviewing internal and external enemy situations), May 11, 1978, E3/9S0, ERN: 00185215-00185217; Telegram 21 to Comrade Brother Pol, Report on the border situation from Chon, March 21, 1976, E3/871, ERN: 00185241; Telegram 324, to Committee 870, from Se, on the enemy situation along Thailand and Laos Borders, April 11, 1978, E3/1077, ERN: 00340539-00340542; Reports on enemy's actions to 109 District Police, 09/07/1978, E3/2424, ERN: 00322217-00322225; Minutes of the Meeting of Secretaries and Deputy Secretarie of Divisions and Independent Regiment, Examination of Enemy situations and Measures, 3/8/1976, E3/798, ERN: 00183966- 00183969; Monthly report to Angkar on the National Defense Situation from M-401, 4/8/1978, E3/1094, ERN: 00143618-00143626. 277 Written Record ofInterview of Witness PRAK Yut, E3/164, ERN: 00407799; Handwritten Note to Angkar from Roeun 801 on the Situation of the enemy, March 25, 1977, E3/1060, ERN: 00574312-00574316; DK Military Report entitled "Dear Beloved Brother Duch", May 30, 1977 (enumerating how many traitors were sent to S-21), E3/970, ERN: 00335202; Confidential telephone message on 114/78, Report about Total number of arrested and fired Vietnamese enemy, E3/928, ERN: 00183357. 278 Weekly Report of Region 5 Committee, May 21, 1977, E3/178, ERN: 00342708-00342710; Telegram 100 to Brother Nhim about situation of enemies in Region 5, November 6, 1977, E3/1120, ERN: 00441627-00441628; Telegram 54 to Respected Brother about the situation of the Youns undercover agent, April 23, 1978, E3/1S6, ERN: 00185184. 279 Oral testimony of Civil Party EM Oeun, T., ElIllS.1, ERN: 00842924, August 27,2012 ("The policy of the Party that introduced to us and that we had to follow" , "I had to follow the Party policy"); Civil Party Application of_ [D22/2896], E3/S000, ERN: 00793363-00793364 (former messenger during the regime stating that "This policy was implemented by the central level from the bottom to the top level"; describing a workshop conducted in Olympic stadium where "Nuon Chea was the chaiman of the workshop opening session ( ...), had spoken about the guilt(s) of those whom the Angkar had taken to execute and told the participants that the murdered were traitors against the Party", "the killing orders were issued by the upper echelon which was the centra11eve1 because those top leaders had raised a very clear line"). 280 Oral testimony of Civil Party AFFONCO Denise, T., ElIlS2.1, ERN: 00871240 at lines 15-19, 12 December 2012 (about a neighbor of hers who was arrested, "I was told, 'Don't worry, Angkar just needs some information' ( ...) 'he just needs to be reformed. Angkar is simply re-educating him."'); Civil Party Application of _ _ , E3/4837, ERN: 00891225-00891226, Location: Battambang Province; Civil Party Application of I], E3/4839, ERN: 00893376, Location: Kanda1 Province; Civil Party Application of [D22/144], E3/4698, ERN: 00404497, Location: Siem Reap Province; Civil Party Application D22/1SS7, ERN: 00888498 Location: Pursat Province; Civil Party Application of_, [D22/8], E3/4666, ERN: 00156814, Location: Phnom Penh.

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281 Guidance of the Central Committee of the CPK, June 20, 1978, E3/763, ERN: 00275220. 282 Revolutionary Flag, Issue 8, August 1975, E3/5, ERN: 00401501-02 ; Revolutionary Flag, Special Issue, December 1976- January 1977, E3/25, ERN: 00491397-004913400, 00491403-04 and 00491424-31; Revolutionary Flag, Special Issue, September 1977, E3/11, ERN: 00486253; Revolutionary Flag, Issue 6, June 1977, E3/135, ERN: 00446855-62 and 00446875-77; Revolutionary Flag, Special Number, May-June 1978, E3/727, ERN: 00185322-46; Revolutionary Flag, Number 7, July 1978, E3/746, ERN: 00428289-00428307; Revolutionary Flag, Special Issue, April 1977, E3/742, ERN: 00478494-96 and 00478500-0l. nd 283 Revolutionary Flag, Special Issue, April 1977, Presentation by Comrade Party Representative at the 2 anniversary of the 17 April victory, E3/742 , ERN: 00478495-96 (<

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2880ral testimony ofKAING Gueak: Eav alias DUCH, T., El!S2.1, ERN: 00793677 at lines 1-13,21 March 2012 ("To be straightforward, every time I received information from Son Sen, long before that, even before 1975 -­ later on, I received this information from Brother Nuon Chea concerning the arrest of people, and whenever the upper echelon made the decision to arrest any person, S-2l had to be prepared to amend -- rather to implement the orders. Q. Do you recall whether this policy was applied all across the country or in only some particular areas? A. Mr. Prosecutor, Brother Number One, Pol Pot, and Brother Number Two, Nuon Chea, controlled the whole country"); Oral testimony ofKAING Gueak Eav alias DUCH, T., El!S8.1, ERN: 00798176-00798177 at lines 16-25, 3 April 2012 ("The general decision for all victims who were to be killed either at S-2l or at Choeung Ek was to make sure that those people were killed and that they were not released. That was why some prisoners were requested -- or, rather, were ordered by Brother Nuon to have their photos taken. As for the four foreign nationals, I understand -- I remember clearly that two of them -- two of them were ordered to be burned totally, completely, and the order was from Nuon Chea"). 289 Answers of KAING Guek Eav alias DUCH to the 13 written questions of the Co-Investigating Judges, E3/1S, 21 October 2010, ERN 00251384 (recalling a 1974 issue of Revolutionary Flag magazine saying that '''Soldiers, police and Buddhist monks are in the special class (of our society). Soldiers and police are the ones who carry the enemies' guns to kill our people while the Buddhist monks are the ones who raise the awareness of the theory of karma and the result of an action' ( ... ) Immediately after 17 April, some top monks, who had led Buddhism, may have been smashed discreetly."). 290 Revolutionary Flag, Special Issue, E3/737, October-November 1977, ERN 00182551-00182552 (asserting "We have continued to put the dictatorship of the proletariat further in practice. There have been a bringing to the fore among the masses of democratic centralism and of dictatorship over the capitalist and feudal classes and over the revolution-betraying enemies who oppose the revolution."); and Revolutionary Flag, Special Issue, E3/10, September-October 1976, ERN 00450526 (asserting "In our current Kampuchea society, what class elements are there in organizational form? They are as follows: 1. There is the worker class ( ... )2. There is the peasant class, whether old peasant or new peasants. Aside from these two class, what else is there? there are no feudalists-landowners ( ... ) no class organization making a living as capitalists ( ... ) no petty bourgeoisie intellectuals, professors, mandarins, or students ( ... ) there are only workers and peasants in the ranks of our revolution."). 291 Oral Testimony of Civil Party EM Oeun, El!113.1, ERN 00841936 at lines 8-13, 23 August 2012 (specitying "Following Pol Pot, he talked about the policy to strengthen communist. And he was talking about finding individuals who burrow within the party, and he was very firm and affirmative concerning this. He said that as the leaders, or people in the leadership, we had to know people who were opposing the party, who were infiltrating in the Party's line."); and Oral Testimony of Civil Party YOS Phal, El!197.1, ERN 00916565 at lines 6-9,27 May 2013 (veri tying "The Khmer Rouge soldiers made me write my own biography. But having noted that a lot of former police and soldiers disappeared and executed, I had to conceal my identity and provide them with a fake one."). 292 Civil Party Application YIN Romdoul, E3/S742, ERN 00867258. 293 Oral Testimony of Civil Party LAY Bony, El!138.1, ERN 00857260 at lines 10-15,24 October 2012. 294 Interview of IENG Sary alias Vann with Steve Heder, E3/89, 17 December 1996, ERN 00417606 (stating "that decision was not made in advance. It was decided afterwars, as far as I know, after 17 April, around the 20th, as far as I know, meaning they decided to do whatever was required to keep that group from being able to rise up and oppose the revolution") 295 Ibid. 296 Oral testimony of witness PEAN Khean, E1!71.1, ERN 00806813 at lines 7-13, 2 May 2012. 297 See generally Final Written Submission of Charged Duch, E3/442, ERN 00412091,23 November 2009; Oral testimony of Civil Party PECH Srey Phal, El!148.1, ERN 00868138 at lines 12- 20, 5 December 2012 (specitying "We also heard that after three days people wouls be allowed to return to the capital city, in particular those who were former soldiers, officials, teachers doctors ( ... ). However, to let them know whether they go the right people, they were asked to register thier name."); Ibid, ERN 00868148 at line 13 (adding "Those people were not sent to Phnom Penh but they were killed"); Oral testimony of Civil Party AFFONCO Denise, El!lS2.1, ERN 00871263 at lines 8-9, 12 December 2012 (specitying "the first dead body I saw was that of a Lon Nol soldier. I recognized this because he was in uniform"); Oral testimony of Civil party KIM Vanndy, El!148.1, ERN 00868218 at lines 24-25,5 December 2012 (specitying "I did not happen to see any Lon Nol soldiers, but I did see the dead bodies of Lon Nol soldiers along the road."); Oral testimony of witness PECHUY Chipse, El!143.1, ERN 00861480 at lines 4-6, 12 November 2012 (veri tying "When I was saying about the officials and soldiers, they were the former Lon Nol officials and soldiers who had been detained and executed by the Khmer Rouge."); Victim Information Form of Civil Party YIN Roum Doul, E3/S742, ERN 00867258; and Victim Information Form of Civil Party _ E3/4913, ERN 00893687 -00893688.

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298 Oral testimony of Civil Party NOU Hoan, El!199.1, ERN 00917649 at lines 22-25, ERN 00917650 at lines 1- 4,30 May 2013 (specitying "We reached Chbar Ampov Pagoda and Champa Pagoda, there was writing on the blackboard that for those who were [LON Nol] public servants or police officers or military officers shall register their names so that Angkar will reorganize our country and you shall be returned to Phnom Penh.[ ... ] I thought that that could not be true and awaiting us ahead was only death."). 299 Oral testimony of PO Dina, El!199.1, ERN 00917729 at lines 24-25, ERN 00917730 at lines 1-5,5 June 2013 (recalling, "[i]n the prison I witnessed several other events. I saw a man, he was tied up and he was blindfolded with a plastic bag. His hands were tied behind his back and his chest was tied, and he was asked a question whether he was a Lon Nol soldier and he replied no. They kept asking the same question if he was a Lon Nol soldier and he kept replying the same thing. Then they kept beating him up."). 30°Oral testimony of CHANDLER David, E1!94.1, ERN 00829862 at lines 4-12, 23 July 2012. 301 Oral testimony ofPE CHUY Chip Se, El!143.1, ERN 00861483 at lines 2-3, 12 November 2012. 3020ral testimony ofPE CHUY Chip Se, El!143.1, ERN 00861484 at lines 19-21, 12 November 2012. 303 Oral testimony of Civil Party HUO Chantha, El!198.1, ERN 00917289 at lines 14-19, 29 May 2013 (specitying "So, some of my family members were summoned to a meeting. They - they told us that they would go for training, for re-education, but then these people never returned home. They killed the officials, the civil servants of the Lon Nol administration, and we were questioning to ourselves why this regime killed the former official."). 304 Written Record ofInterview of Civil Party _, E3/5540, ERN 00384416. 305 Oral Testimony of witness LIM Sat, El!187.1, ERN 00908455 at lines 4-7, 2 May 2013 (specitying "I knew these soldiers were executed at Tuol Po Chrey through Radio communication, and I also heard through the same radio communication that one person could escape."). 306 Oral testimony of Civil Party YIM Sovann, El!135.1, ERN 00855724 at lines 5-7 and at lines 12-13 , 19 October 2012 (specitying "From 1975 to late 1976, those who were tied with their hands behind their backs were either the 17 April people or the Lon Nol soldiers because they were considered enemies. [ ... ] those who were taken to security office [ ... ] never returned."); and Oral testimony of Expert Stephen Heder, E1!222.1, ERN 00938859 at lines 16-18, 11 July 2013 ("Among those evacuees, the former Lon Nol soldiers, especially the officers, were to be considered enemies."). 307 Revolutionary Flag, Male and Female Youths, E3/754, August 1976, ERN 00539875 (asserting "This crippling condition has become the flame of class anger which is always blazing in brothers' chest. Brothers have strongly kept the animosity against all kinds of the enenies, including the national enemy such as the American inperialist and its servants, and the class enemy such as the feudalist-land owner and the savage capitalist reactionary. "). 308 Civil party Application _, E3/4857, ERN 00888429; Civil Party Application E3/4913, ERN 00890961; Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908444 at lines 22-25,2 May 2013 (stating "On about 19 or 20 April 1975, I received orders to assemble the soldiers and policeman from low to high rank who had connections to the LON Nol era and kill them at Tuol Po Chrey in Kandieng district."); and Oral Testimony of Witness UNG Chhat, El!185.1, ERN 00906576 at lines 1-4,29 April 2013 (stating "They went to the meeting and disappeared. Only empty trucks and cars would return to the province. No soldiers other than the Khmer Rouge soldiers were seen on the trucks. I don't know what happened to them"). 309 Revolutionary Flag, Issue 4, E3/759, April 1976, ERN 00517854; Answer of KAING Guek Eav alias DUCH to the 13 written questions of the CIJ, E3/15, ERN 00251372 (describing "b. The enemies of the revolution: - Imperialists, feudalists and reactionary capitalists."). 310 Telegram No. 94 to Brother Pol: Report to you on the situation of the enemies, public and the cultivation in the North Zones, E3/511, 2 April 1976, ERN 00182658. 311 See e.g. Final Written Submission of Charged Duch, E3/442, ERN 0041209; Massive Cambodia Bloodbath Reported, E3/3393, 4 May 1975, ERN 00445197; The Washington Post, Reports Hint 'Blood Dept' Being Paid, E3/3370, ERN 00445425, 12 May 1975; and Written Record ofInterview of Charged Person KAING Guek Eav alias DUCH, E3/455, ERN 00149915 (explaining "The CPK's Branch was utterly unique. It did not employ any laws whatsoever. It relied exclusively on the Party line and the major and minor Party decisions issuing from the mouth of Pol Pot. It did not employ any scientific measures whatsoever, It employed exclusively criminal methods (torture to obtain responses, then smash; anyone arrested had to be smashed."). 312 Civil Party Application _, E3/4857, ERN 00888493; Civil Party Application E3/4913, ERN 00893687-00893688; Oral Testimony of Witness LIM Sat, El!187.1, ERN 10 and 18-19 , 2 May 2013; Oral Testimony of Witness UNG Chhat, El!185.1, ERN 00906566-00906567 at lines 22-25 and 1-3,29 April 2013; and Oral testimony of Civil Party YIM Sovann, El!135.1, ERN 00855728 at lines 1O-l3, ERN 00855729 at lines 11-12 and ERN 00855730 at line 1,9 October 2012 (stating "the commune ofTuol Po Chrey, I used to walk and pass by the place. [ ... ] I heard from the villagers that this was the place that

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they killed the Lon Nol soldiers.[ ... ] the killing was happening during April 1975, it took about a half month,. [ ... ] I met the people from Kbal Chheu Puk cooperative, and they told me that their relatives were killed there. [ ... ] it was an open field, close to Tonle Sap."). See generally Khieu Samphan chairs NUFC Congress, E3/117, 26 Febuary 1975; and Video footage: One Day in Tuol Po Chrey, E186.1R. 313 Revolutionary Flag, Issue 8, E3/5, August 1975, ERN 00401477 (asserting "we wish to make a presentation regarding developments in the economic-financial situation of the Party from March 1970 until March 1975 for use as a foundation, so that based upon this foundation the cadres, Party members, people, and the Revolutionary Army can be in monolithic unity with the Party in implementing the Party's political line of building the country in leaps of victories and great victories"); and Revolutionary Flag, Issue 4, E3/759, April 1976, ERN 00517852 (asserting "17 April was the final day of national democratic revolution. We all see that. However, on this occasion, I wish to further inform you about the meaning, the theme, of the great victory that our Party has designated as the Great, Magnificent Victory"). 314 Oral testimony of Civil party AFFONCO Denise, El!152.1, ERN 00871232 at lines 21-22 and 00871233 at line 5, 12 December 2012 (stating "when we reached Chamkar Mon, outside in the street we saw a good many corpses that were rotting.[ ... ] they were the corpses of Lon Nol soldiers."); Oral testimony of Civil Party TOENG Sokha, El!147.1, ERN 00868432 at lines 4-15, 4 December 2012 (precising "I saw another group of people staying together and I was told by my elder siblings that they were former soldiers. [ ... ] later on I heard that this group of people, including the soldiers, were relocated to a new location ... I had no knowledge whether these people were executed or not"); and Oral testimony of Civil Party MOM Sam Oeum, El!141.1, ERN 00859828 at lines 18-20,6 November 2012 (stating "These corpses were mixed, both civilian corpses and also former Lon Nol soldiers'corpses. Some of them were seen wearing military uniforms and also civilian clothes"). 315 Final Written Submission of Charged Duch, E3/442, ERN 00412091 (indicating "The CPK began tho kill poeple as soon as it began to carve out a liberated sector[ ... ]During that time, people in the territory occupied be Lon Nol forces who entered the liberated sector would definitely be arrested and sent to the Police Office."); and Oral testimony of Expert Stephen Heder, E1!222.1, ERN 00938856 at lines 10-16, 11 July 2013 (confirming that he was told that "In 1972 there were lots of Lon Nol soldiers captured, about 500 of them All were executed, none were forgiven."). 316 Oral testimony of Witness SUM Chea, El!140.1, ERN 00859500 at line 25 and ERN 00859501 at lines 1-7 and at lines16-l8, 5 November 2012 (describing as a former CPK cadre "[f]ollowing the evacuation of [Phnom Penh], in various regiments as well as divisions, [the CPK] set up loudspeakers in order to propagandize, to lure former LON Nol soldiers to submit themselves and to surrender. So, that was the trick that they were plotted to do. And they asked them to come in and reveal their former status [... ]. And in my division, we also did that. [ ... ] [a]nd once they came in, they would be killed. That was what [KOEUN] told us."). 317 Oral testimony of Witness PRAK Yut, E1!34.1, ERN 00774583 at lines 9-24, 26 January 2012 (Former CPK cadre testified to the fact that she and other CPK members were ordered by Mr. KANG Chap to promise Khmer Republic members the opportunity to be "re-educated," after which the LON Nol were arrested and sent to be executed.) [TRANSLATION FROM KHMER-CORRECTION REQUESTED] 318 Oral testimony of Civil Party AUN Phally, El!197.1, ERN 00916525 at lines 4-13, 27 May 2013 (stating "Ten days after our arrival, a Khmer Rouge cadre came to call [my father] to go, and he disappeared since. [.. .]Four or five days later, we heard that he was sent for a study session.[ ... ] Later on I heard that my mother and siblings were taken away and killed."). 319 Oral testimony of Civil Party BAY Sophany, E1!200.1, ERN 00918621 at lines 16-21, 4 June 2013 (describing, "[a] woman whose husband was a former soldier and who was breaking rock next to me was - that while the mother was breaking rock, the children who were left behind in the village were beaten up and interrogated. They were asked whether - or what the parents were doing during the former regime [... ]."). 320 Oral testimony of Civil Party BAY Sophany, E1!200.1, ERN 00918598 at lines 12-16, 04 June 2013 (recalling "I had to leave, if not and if the Khmer Rouge soldiers enter my house, I would be killed or - I could not imagine what would happen because I had photos of my husband in the military uniform displayed in the house, as well as the photos of my related family members of Marshall Lon Nol."). 321 Order on the Admissibility of Civil Party Applications from Current Residents of Kandal Province, D403; Order on the Admissibility of Civil Party Applications from Current Residents of Phnom Penh, D406; Order on the Admissibility of Civil Party Applications from Current Residents of Kampong Chhnang Province, D417; Order on the Admissibility of Civil Party Applications from Current Residents of Pursat Province, D423; Order on the Admissibility of Civil Party Applications from Current Residents of Siem Reap Province, D424. 322 Civil Party Application of _, E3/4857, ERN 0088849 (reporting several family members being targeted and killed because they were Lon Nol soldiers); and Civil Party Application of_, E3/4859, ERN 00888498 (reporting a brother-in-law being targeted and killed as a former Lon Nol soldier). 323 See Part III: C on the impact of crimes at the Tuol Po Chrey execution site.

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324 See Record of CPK Standing Committee Meeting, E3/3597, ERN: 00182641 (documenting a meeting attended by NUON Chea and KHIEU Samphan, during which the decision to "smash" the old regime was discussed) 325 Closing Order, para 205. 326 The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1593, 2002, ERN 00678496 ("Born in Vietnam, country of the 'hereditary enemy,' they wore long hair in the 'imperialist' fashion. Despite their ethnicity and their new, racially driven embrace of Democratic Kampuchea, the regime considered them dangerous. They were 'Khmer bodies with Vietnamese minds.' This slogan, which was to echo throughout the DK experience, suggests the readiness of the Pol Pot regime to suppress not only ethnic minorities like the Cham, but also huge numbers of the Khmer majority."). 327 Oral testimony of SOEUN Sovandy, E1!200.1, 4 June 2013, ERN 00918644, at line 15. see also: Civil Party Application of E3/4964 _ ERN 00552897 (stating that "KR soldiers once, after a meal, accused three of my friends as being Kampuchea Krom. I (later) found their bodies tied up and naked, with grass in their mouths, their bodies cut open and their internal organs taken out".). 328 Oral testimony of Stephen HEDER, E1!222.1, 11 July 2013, ERN 00938878 at lines 3-8. 329 See Civil Party Application of E3/5032 _ ERN 00944106 ("[T]he Khmer Rouge arrested my [Khmer Krom] parents-in-law and my three in-laws as well as my husband and took them to be killed, accusing them of belonging to the Lon Nol administration clique".); and Civil Party Application of E3/S029 _ _ , ERN 00940157("[Dk forces] searched for Lon Nol affiliates ....They confirmed me that all members in my squad were taken and killed at the south of Bakan pagoda".). 330 Closing Order, paras 234-35. See Civil Party Application ofE317425 ERN 00426738 ("In 1976, the Khmer Rouge implemented a policy that ... the people ... who were civil servants, military or policemen during the Lon Nol regime ... would be placed in another group. They were told that Angkar needed people to [return to] work in Phnom Penh in the same positions as before. My uncle, Mr Chao Mao (a former member of the Lon Nol military) ... went with the Khmer Rouge soldiers. All these people were brought to be killed at Sla Kou bridge, , Takeo province."). 331 Khmer Krom Civil Party CHAU Ny has testified that the accused KIllEU Samphan had written a letter to his uncle, prominent Khmer Republic banker Chau Sau, demanding his return to Phnom Penh, and that the CPK had also broadcast his name on the national radio calling for his return. Last seen being taken away by DK soldiers, Chau Sau is presumed to be dead. See oral testimony of CHAU Ny, El!146.1, 23 Nov 2012, ERN 00866772, at lines 4-20 ("On 17 April 1975 ... Khieu Samphan wrote a letter of invitation to my uncle -- that is Chau Sau, to return to Phnom Penh, and I want to know the reason why? ... [W]hen Chau Sau was evacuated, and upon reaching Preaek Kdam, there were two soldiers who delivered a letter from Khieu Samphan, to him. And the content of that letter stated that Mr. Chau Sau is required to return to Phnom Penh. However, Chau Sau refused. He said that he would only return to Phnom Penh when all the Phnom Penh residents were allowed to return ... And from that time onward, Mr. Chau Sau disappeared"); oral testimony of CHAU Ny, El!196.1, 23 May 2013, ERN 00917878 at lines 2-18 ("On the 17 April 1975, Sirik Matak, Cheng Heng, and Chau Sau's names were heard on the radio broadcast. But the broadcasts including his name were only for about three days, and later on his name was not heard any more on the national broadcast. ... If! am not mistaken, the broadcast was for those people to Phnom Penh, to return to their previous workplace."); see also oral testimony of _ _ , 22 May 2013 El!195.1 ERN EN 00914666, at lines 8 -17 ("I know Mr. Chau Sau very well because his wife is related to my father. . .I have lost information about him and his family. Perhaps he and his wife have died. I heard that they died; I just don't know where they died or evacuated to. . .. He worked at a bank. He was president of a national credit institution".). 332 When asked by Khmer Krom Civil Party CHAU Ny, the accused KHIEU Samphan admitted to having known CHAU Sau during the Khmer Republic years. See oral testimony of CHAU Ny, El!196.1, 23 May 2013, ERN 00917867, at lines 11-13 ("KHIEU Samphan: I used to know Mr. Chau Sau during the 1960s. He was the president of a bank, the National Credit Bank.''). 333 Oral testimony ofSOEUN Sovandy, E1!200.1, 4 June 2013, ERN 00918645, at lines 11-12. See also Civil Party Application of E3/4987 _, ERN 00873677-8 ("They started to accuse my [Khmer Krom] husband of being a former regime soldier, on the one hand, and of being a CIA agent on the other ... During June of 1976, they arrested and sent him to be tortured ... Three days late they killed him. I was told that they beat his head with a bat and cut his throat using the stem of a sugar palm tree. While he was alive, they doused him with petroleum and burned him to death".). 334 Oral testimony ofSOEUN Sovandy, E1!200.1, 4 June 2013, ERN 00918644 at lines 21-22. 335 Ibid, ERN 00918645 at lines 9-10. 336 Oral testimony of Stephen REDER, E1!222.1, 11 July 2013, ERN 00938832 at lines 1-7

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337 Oral testimony of Stephen REDER, E1!222.1, 11 July 2013, ERN 00938878 at lines l5-25(stating that the Khmer Rouge employed "military, or political, or other means" to "reduce" and relocate those from "enemy­ controlled zones"). 338 Oral testimony ofCHAU Ny, El!146.1, 23 November 2012, ERN 00866725, at lines 2-17 (also stating that "whoever came from Kampuchea Krom, when we reached the border, we would be killed ... (so) I decided to remain in Trapeang Sab for a few days."). 339 Written OCI] Record of Interview of E3/5546 _, ERN 00387497 ("The Kampuchea Krom Khmers were the target of arrest because they were accused of being the 'Youn' [Vietnamese].") 340 "Cambodia the Eastern Zone Massacres: A Report on Social Conditions and Human Rights Violations in the Eastern Zone under the Rule of Pol Pot's Communist Party of Kampuchea, " E3/2312 ERN S00048802, 1980. ("Thus began, on 25 May 1978, the massive conventional suppression campaign, known in the East since then as "the coup" (rot praha). Eastern Zone resistance to this Centre imposition of control provoked the enormous massacres of the eastern population in the second half of 1978. The Centre [CPK Leaders] described the entire population of the Zone as having "Khmer bodies with Vietnamese minds" (khluon khmaer kuo kbal yuan) and set about eliminating it either through mass evacuation or mass murder".). 341 Oral testimony ofSOEUN Sovandy E1!200.1, 4 June 20l3, ERN 00918644, at lines 15-19. 342 Ibid, ERN 00918644, lines 6-9. 343 See Part III, infra. 344 Ibid. 345 Oral testimony ofCHAU Ny, El!146.1, 23 Nov 2012, ERN 00866729 at lines 1-5. (" ... .1 changed my family name also because the Khmer Krom people share different family names .... People from Moat Chrouk province would have Chau as the family name and people from Kramuon Sor would use Tang (phonetic) as the family name and so on and so forth. So people from different province of Kampuchea Krom would have different family name and they can be identified according to these different identification".) 346 Oral testimony ofSOEUN Sovandy, E1!200.1, 4 June 2013, ERN 00918643 at lines 23-25 347 Oral testimony of SOEUN Sovandy, E1!200.1, 4 June 2013 ERN 00918649 at lines 4-11. 348 Oral testimony ofSOEUN Sovandy, E1!200.1, 4 June 2013, ERN 00918650 at lines 3-6. 349 See Written OCI] Record of Interview of E3/5545 _ ERN 00387501-00387502 ("In 1977, the Angkar began to screen the population; those suspected of being Kampuchea Krom Khmers were sent with families to Tuol Seh Nhov located in Khnar Totueng about two kilometers away from here. Thousands of Kampuchea Krom Khmers were gathered from Roung Ta Kok Village, Rumlech Village, Bak Meaek Village, Khnar Totueng Village, to be killed."); also see Civil Party Application of E3/4727 _, ERN 00426779-80 ("They were relocated again to Kouk Prech commune(Takeo province) and a lot of Kraom were gathered there ... .1 think there were about 300 Karaom in each village [in Kouk Prech] and all the villages were located near each other."). 350 See Written OCI] Record of Interview of E3/5547 _, ERN 00388620-003886121 ("Because at that time the Khmer Rouge began to screen the population to search for the Kampuchea Krom Khmers who were arrested for being the 'Yuon networks". I was arrested and tied and sent to the detention centre in Veal Village .. When I arrived, there were about 70 prisoners. They hit me on the back as well as electrocuted me until I passed out. Sometimes they used plastic bags to cover my head and poured water on to it to make me suffocate ... they questioned me ... "What traitorous activities did you conduct and how many people were there? ... I could not answer all these questions; so that was why they continued to torture me. I remember that they tortured me for 21 days."). 351 See Written OCI] Record of Interview of E3/5546 _,ERN 00387496 ("I remember that this Kampuchea Krom family was arrested and brought from Pralay Rumdeng village ... All were female ... all of those people were killed, except one who was used as a cook for the KR military at the main prison. Her name was Vinh. She told me that she was raped by the KR soldiers. Later on, she disappeared and I found her body in the Cassava plantation about 50 meters from the prison".); Written OCI] Record ofInterview of E3/5545 _ _ ERN 00387502 ("In the Sdok Khla cooperative (Pursat province), I heard members of the Khmer Rouge militia talking about the rape of one Khmer Kampuchea Krom female; and I saw her body on the bund about 700 meters from the Sdok Khla cooperative".). 352 See Civil Party Applications of E3/4729 _ ERN 00426836 ("From 1978 to 1979, I ... saw dead bodies in mass graves in Angkun Pagoda, Angkun Village, Kampeng Commune, Kirivong District. All the dead bodies were Khmer Krom I knew they were Khmer Krom because the Khmer Krom were always kept separate from the Khmer villagers".); Written OCI] Record ofInterview ofE3/5545 _ ERN 00387502 ("The Khmer Rouge ... gathered all of those Kampuchea Krom people to come to Khnar Toteung village. Later on, all of those Kampuchea Krom people were killed within five to six consecutive months. I did not see those killings, but I saw their bodies.")

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353 Written OCI] Record ofInterview of E3/5545 _ ERN 00387502. 354 See The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1593, 2002, ERN 00678651; see also Supplementary Information ofE3/4929 PHAN Sarang ERN 00940134 ("In 1975 ... when I was just 16 years old, I was forced by [DK forces] to get married to a [central Khmer man] Saey Nai."). 355 Closing Order, para. 1468. See also "The Samlaut Rebellion and its Aftermath 1967-1970, The Origins of Cambodia's Liberation Movement." E31l795 ERN 00327668, 1975. 356 Civil Party Application ofE3/4728 _ ERN 00426818 ("Before [April] 1975, I was living in Kampuchea KrOll The Khmer Rouge forced the monks, including me, to relocate close to the Cambodian­ Vietnamese border ... in Kiri Vong district (Takeo province), with 400 other monks from 32 pagodas. Apart from the 400 monks there, the Khmer Rouge had also gathered ... Khmer Kraom, who were brought to the commune to stay there overnight. The Khmer Rouge forced all 400 monks to de-frock. ... While working, I saw the KR bring Kraom in lines, around 10-20 in each line, to the jungle everyday because they had been accused of.. .being part of the CIA and having 'Vietnamese heads in Khmer bodies'. I saw them being killed nearby, ...near Kouk Prech village".). This evidence is corroborated by other Khmer Krom civil parties who give similar accounts of persecution they suffered as Khmer Krom monks who were born and lived in Kampuchea Krom: Civil Party Application of E3/4729 _ ERN 00426836 ("I was relocated by the Khmer Rouge along with other Khmer Krom from Tin Beang (Kampuchea Krom) to Kiri vong district, Takeo province. There were around 7 communes in Kampuchea Kraom which were evacuated."); Civil Party Application of E3/4727 _ ERN 00426779 ("I resided in ...Kampuchea KrOll I was a monk during the regime ... I witnessed the arrival of 10-12 KR soldiers in my village .. They forced us to relocate. [T]hose who chose not to go were relocated to one pagoda and they [CPK] used a mine to destroy it. I saw the Khmer Rouge shoot three people dead in front of me; these were people who refused to go. My grandmother and grandfather were also killed by the landmine used to explode the pagoda after they refused to go."). See also Civil Party Application of E3/4930 _ ERN 0093799-100 (stating that "In mid-l 976 ... my six family members and hundreds of family in Kampuchea Krom were arrested by Vietnamese soldiers and brought to the Khmer Rouge troops through Phnom Den border crossing".). 357 See The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1593, ERN 00678495-6, 2007 ("Sixty-eight long haired soldiers trudged across the border from southern Vietnam... The soldiers were Khmer Krom, or Lowland Khmers, members of Vietnam's million-strong ethnic Khmer minority. Recruited by US Special Forces in the 1960s to fight communism in the Mekong Delta of South Vietnam, thee troops had developed into an independent force opposed to all Vietnamese. Trained for the American unit known as MIKE Force, they became instead the 'White Scarves"' ... Finally driven across the border, they had come to make common cause with the Pol Pot regime ... (they) wished to see 'brother' Khieu Samphan, the new president of 'Democratic Kampuchea' ... sixty-seven of the disarmed men were massacred. Several days after the slaughter of his soldiers, the Khmer Krom commander reached notorious Toul Sleng prison in Phnom Penh. Before his execution he 'confessed under torture that he was an "internal enemy" of Democratic Kampuchea".). 358 Civil Party Application of E3/4726 _, ERN 00426759 ("60 Kraom soldiers from Kampuchea Kraom arrived here and told the villagers they wanted to meet Khieu Samphan .. they came with weapons. They came to meet the district and regional chief to discuss meeting with Khieu Samphan. They arrived in ... Kiri Vong district. The comment and district chief welcomed them and cooked for them and collected and piled their weapons to one side. The next morning, after their meal, they were assigned (by the DK forces) into trucks and brought in groups of twenty to Wat Preatheap. I heard the sound of weapons being used. The second batch sensed the place they were being brought to was not good and started to jump off the truck. But all of them were shot around the pagoda's compound. The same happened to the third batch".). 359 Closing Order, para 158, included in case 002/01 360 Civil Party Application ofE3/4730 ERN 00427030. 361 SOEUN Sovandy Testimony 4 June 2013, ERN EN 00918653 at lines 22-25. 362 The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1593, 2002 ERN EN 00678650. 363 Oral testimony of Stephen HEDER, E1!223.1, 15 July 2013, ERN 00940750 at lines 17-22. 364 See Closing Order, para 157. 365 Oral Testimony of Nuon Chea, El!14.1, ERN 00756144 at lines 19-25,22 November 2011 ("Vietnam is of the idea of expansionism; that is, to have the doctrine, to be the boss to the smaller country, to the weaker country. Vietnam had the view of the doctrine of invasion, expansion, land grabbing and racial extermination. Vietnam was greedy of power for their own interest and economics or, in short, they were egoism."). See also Oral Testimony of Nuon Chea, ElII4.1, ERN 00756165 at lines 12-17, 22 November 2011 ("The Army of the Communist Party of Vietnam and Vietnam's cadres still continued to remain discreetly on Cambodia soil in order to conquer this country in accordance with ambition to occupy, annex, swallow Cambodia, and rid Cambodia of

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her race and ethnicity and bring further Vietnamese illegal immigrants to live in Cambodia until these days."). 366 Oral Testimony of Nuon Chea, El!14.1, ERN 00756165 at lines 12-17 ("The Army of the Communist Party of Vietnam and Vietnam's cadres still continued to remain discreetly on Cambodia soil in order to conquer this country in accordance with ambition to occupy, annex, swallow Cambodia, and rid Cambodia of her race and ethnicityand bring further Vietnamese· immigrants to live in Cambodia until these days."). 367 Witness Statement of E3/4732, ERN 00427376, 18 May 2009, Written Record of Interview of Civil E3/5587, ERN 00426465, 15 December 2009, Written Record of Interview ofCP E3/5588, ERN 00421059, 15 December 2009, Statement E3/5626, ERN 00678172, 21 December 2010, Supplementary Statemlent E3/5631, ERN 00678292, 21 December 2010, Supplementary Statemlent E3/5632, ERN 00678294, 22 November 2010, Supplementary Statement of E3/5633, ERN 00678296, 22 December 2010, Supplementary Statement of E3/5634, ERN 00678299, 22 November 2010. 368 Closing Order, para. 207. 369 Witness Statement of E3/4732, ERN 00427377, 18 May 2009 ("Ta Mok (and others) were high-ranking m Kg Leng Ta Peang was KR Chief of the Kep Mountain district, District 16 (ie. Kg Leng District) There was also Ta Sun and Ta San who were commanders at District 16. These three people ordered and ensured . . of the killings."). 370 Witness Statement of E3/4732, ERN 00427376, 18 May 2009, Written Record of Interview of CP E3/5588, ERN 00421063, 15 December 2009, Written Record of E3/5588, ERN 00421063, 15 December 2009, Supplementary Statement of E3/5632, ERN 00678295, 22 November 2010, Statement of_, E3/5634, ERN 00678300, 22 November 2010, E3/5626, ERN 00678172,21 December 2010, Supplementary E3/5631, ERN 00678293, 21 December 2010, Supplementary Statement of E3/5633, ERN 00678296,22 December 2010. 371 Written Record of Interview of Civil Party E3/5587, ERN 00426467, 15 December 2009, Supplementary Statement of _, E3/5634, ERN 00678300, 22 November 2010, Supplementary Statement of_, ERN 00678172, 21 December 2010. 372 Supplementary Statement of E3/5626, ERN 00678172, 21 December 2010. See Closing Order, para. 794. 373 Supplementary Statement of E3/5634, ERN 00678300, 22 November 2010. 374 Supplementary Statement of E3/5626, ERN 00678172, 21 December 2010. 375 Written Record ofInterview E3/5587, ERN 00426467, 15 December 2009. 376 Supplementary Statement of E3/5633, ERN 00678296, 22 December 2010. 377 Oral Testimony of Dr. CHHUNLY Hun, El!150.1, ERN 00870118 at lines 10-12,7 December 2012. 378 Oral Testimony of Dr. CHHUNLY El!150.1, ERN 00870118 at lines 8-9, 7 December 2012. 379 Witness Statement of E3/5625, ERN 00678303, 28 February 2011 ("I was told by the Commune Chief and the Village Chief that the Vietnamese families were deported back to Vietnam in late 1975 because the Commune Chief and Village Chief received orders from the higher ups that all of the ethnic minorities did not belong in Cambodia and that everyone except Khmer nationals should be sent to Kampot and then back to Vietnam by 380 Witness Statement of E3/4732, ERN 00427378, 18 May 2009, Written Record of Interview of CP E3/5588, ERN 00421063, 15 December 2009, Supplementary Statement of E3/5631, ERN 00678293, 21 December 2010, Supplementary Statement of E3/5633 [E9/32.2.26], ERN 00678296, 22 December 2010, Supplementary Statement of E3/5634, ERN 00678299, 22 November 2010. plernenltary Statement of_, E3/5626, ERN 00678172, 21 December 2010. 382 Oral testimony of CHANDLER David, E1!91.1, ERN 00827323 at lines 20-23, 20 July 2012. 383 Oral testimony of CHANDLER David, E1!91.1, ERN 00827442 at lines 4-7, 20 July 2012. See Revolutionary Flag titled "The National Duties of all of Us", E31746, ERN 00428289, July 1978 ("The Yuon enemy has committed aggression against us and swallowed our territory and committed genocide against our Kampuchean race from one generation to the next. They have been our national enemy from the beginning up through the present and will be our enemy in the protracted future as well. "). 384 Oral testimony of CHANDLER David, E1!91.1, ERN 00827441 at lines 17-24, 20 July 2012. See Revolutionary Flag titled "The National Duties of all of Us", E31746, ERN 00428289, July 1978 ("The national duty of all of us is to struggle to fight to eliminate our aggressive, expansionist, territory-swallowing, and

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genocidal Yuon enemy."). See evolutionary Flag titled "The National Duties of all of US", E31746, April 1978 ("Looking at the numbers, one of us must fight 30 Yuon. If we can implement this slogan, we win. No matter how many Yuon there are, we should be able to fight them and win [ ... ] So when we have 2 million, we already have more than we need to fight them because they only have 50 million. We don't need to use 8 million; we can use a force of only 2 million to fight and smash the Yuon and still have 6 million left." See Revolutionary Flag titled, "The National Duties of all of Us," E31746, ERN 00428289, April 1978 ("And now how about the Yuon? There are no Yuon in Kampuchean territory. Formerly, there were nearly 1 million of them. Now, there is not one seed of them to be found.") See also . Order, paras. 214, 814, 817. 385 Supplementary Statement of E3/5632, ERN 00678295,22 November 2010. 386 Witness Statement E3/4732, ERN 00427378, 18 May 2009. 387 Oral Testimony of Civil Party Soeun Sovandy, E1!200.1, ERN 00918644 lines 17-17,4 June 2013 ("[T]hey accused them of being Vietnamese. But in reality, they were not because they had resided in Cambodia for a long time during the Sangkum Reastr Niyum time. But they carry certain surnames which follow the Vietnamese tradition and then they accused them of being Vietnamese. And when they were talking and chatting with each other, sometimes they expressed themselves in Vietnamese, then they were accused of being Vietnamese. For example, if they had some action which was the tradition of Vietnamese, then they would be accused of being Vietnamese. Upon hearing any Vietnamese sound action, those people would be considered Vietnamese and they would be destined for smashing."). 388 Witness Statement of E3/4732, ERN 00427376-0042737, 18 May 2009 ("The KR forced people to dig (graves) and we all did as we were told, not knowing the purpose they were to be used for ... I saw some people being executed and fainted ... I knew they killed people because of the smell. The KR took out the gallbladders of some people before they killed them They often chose Vietnamese people of big stature or people who were fat. To take out peoples' gallbladders, they operated on people while they were still alive by tying them to a high branch of a tree and using a very small, sharp knife to make a slit under the person's lung. Before they did this, they forced people to drink two litres of water so that their gallbladder would expand, making it easier to extract. After they took the gallbladder from the victim, they would dig a hole in the ground, hit the victim on the head, and bury them on the spot."). 389 Oral Testimony of CHANDLER David, E1!91.1, ERN 00827442 at lines 11-17,20 July 2012. See also Closing Order, paras 836-840. 390 Oral Testimony of CHANDLER E1!91.1, ERN 00830136 at lines 23-25, 25 July 2012. 391 Witness Statement of E3/4732, ERN 00427378, 18 May 2009. See also Closing Order, paras. 215,807. 392 Witness Statement E3/4732, ERN 00427378, 18 May 2009. 393 Closing Order, para 215. 394 Supplementary Statement of _, E3/5630, ERN 00678290, 21 December 2010. See also Closing Order, paras. 215, 807. 395 Witness Statement E3/4732, ERN 00427378, 18 May 2009. 396 Supplementary Statement of E3/5632, ERN 00678294,22 November 2010. 397 Supplementary Statement of E3/5632, ERN 00678294,22 November 2010. 398 Statement E3/5632, ERN 00678295, 22 November 2010. Witness E3/4732 [D22/276.3], ERN 00427378, 18 May 2009 (stating that "[Th]ere were almost no remained after the exchange of rice and salt."). 399 Witness Statement E3/4732 [D22/276.3], ERN 00427378, 18 May 2009. 400 Closing Order, para. 213. 401 Oral Testimony of Mr. Mr. KAING GUEKEAV, E1!58.1, ERN 00798185 at lines 15-17,3 April 2012. 402 Oral testimony of CHANDLER David, E1!91.1, ERN 00825696 at lines 21-22. 403 Oral testimony of CHANDLER David, E1!91.1, ERN 00827441 at lines 16-17,20 July 2012. 404 Oral Testimony of Civil Party Witness CHAN Socheat (TCCP-7), ElI198.l, ERN 00917272 lines 1-7, 23 May 2013. 405 Witness Statement E3/4732, ERN 00427376, 18 May 2009. 406 Witness Statement of E3/4732, ERN 00427376, 18 May 2009 ("I was forced to carry soil, build dams and grow crops. We lived in small leafY huts with 2-3 families per hut. We were forced to work from 5am to 1 lam, then given porridge, then back to work from now to 5pm, given porridge for dinner, and continued to work from 6pm-l Opm before we were allowed to rest [ ... ] Those who were too weak or ill were sent to be killed by a beating on the head. They often tricked people they intended to kill by telling them they were being relocated to work elsewhere.").

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407 Witness Statement E3/4732, ERN 00427376, 18 May 2009. 408 Written Record of Interview of Civil Party _, E3/5587, ERN 00426466, 15 December 2009 ("[T]he people who walked at back told me when we met on the ferry that the people at back were robbed of their belongings. I saw there were approximately 7-8 ferries, roughly 200 people being transported in each ferry, so the people who were placed in the lower floor were suffocated to death along the way."). 409 Supplementary Statement of E3/5634, ERN 00678299,22 November 2010. 410 Supplementary Statement of E3/5634, ERN 00678300 - 00678301, 22 November 2010 (stating that, ("[W]e suffered in Vietnam because we had no money and had to be looked after completely by the Vietnamese authorities. The government provided food for us and they gave us rice and accommodation and helped us to settle [ ... ] I could not earn a living in Vietnam.") 411Id. 412 Written Record of Interview of CP E3/5588, ERN 00421063, 15 December 2009 ("The whole family [ ... ] four all together, completely perished [... ] I was told by neighbors that they were taken by Angkar for education."). See also Supplementary Statement of_, E3/5626, ERN 00678172, 21 December 2010 ("When the KR entered the village they forced the entire village to move to Pou Village, which was a walk of 3-4 days from my original village. No reason for the forcible transfer was given to us. 3-4 days after arrival, three Vietnamese families, i.e. my aunt and two and my grandparents were sent to be killed."). See also Supplementary Statement of E3/5631, ERN 00678293, 21 December 2010 ("My entire family was taken by Khmer Rouge militia and our hands were tied behind our backs. We were taken to graves that had been pre-dug [ ... ] They made us kneel by the grave and then they beat the back of my father's neck with an axe. I observed my father fall into the grave afterwards. Then they did the same to mother and my brother and the rest of family. They all died father named my mother named elder brother named my brothers named and my younger sister named were all killed by these unknown militias."). See also Supplementary Statement of_ E3/5633, ERN 00678296, 22 December 2010 ("During the KR period, I lost 20 family members - ~H"'UU~HF, my uncles and their families. They were all beaten on the heads to death at Dar Commune on Kep Mountain. I am the only survivor in . 413 Supplementary Statement of E3/5633, ERN 00678297, 22 December 2010, (stating that "I saw Khmer Rouge tie ethnic Vietnamese up to be taken to Dar Mountain with my own eyes. I saw my older brothers, Ngvieng Yang Se and Ngvieng Yang Hoeng, and my younger brother Ngvieng Yang Am tied up in the line. Around 50 victims in total were tied together with a rope that pierced through their skin to the back of the ankle."). 414 Supplementary Statement of E3/5633, ERN 00678297, 22 December 2010. 415 Supplementary Statement of E3/5631, ERN 00678293,21 December 2010. 416 Supplementary Statement of E3/5632, ERN 00678295, 22 November 2010, (stating that "The mixed marriage couples were very sad because they did not want to marry but were forced to marry. They were scared of Pol Pot and of being killed if they did not comply."). 417 One civil party provides evidence that ethnic Vietnamese people were still being targeted for killings in 1998, as evidenced by the murder of her daughter by Khmer Rouge cadres, along with the . of other ethnic Vietnamese people and the burning of their houses. See Witness Statement of E3/4732, ERN 00427379 ("In 1998, Ta Mok and Pol Pot were still alive and the KR cadres were around (Somewhere in hiding). The KR cadres killed a lot of Vietnamese people arbitrarily, around this time, including my daughter, Hak Thy May. There were no reasons for these killings and no explanations were ever given [ ... ] They did not say anything - they just shot her with a single bullet and she died. She was still holding her son in her arms when she was shot so he also suffered an injury from the shot (on his bottom). He is now an orphan [ ... ] The KR cadres killed other Vietnamese people as well, and burnt their houses."). 418 Supplementary Statement of_, E3/5634, ERN 00678301, 22 November 2010 ("When I returned to Cambodia, we didn't have any documents. During the Sihanouk regime I had Cambodian nationality. I had documentation about my Cambodian nationality, and before we were forcibly transferred from Cambodia, we had some thumb printed identity documents. I lost them al during the forced transfers when we were not allowed to take any papers with us. My papers were at District 16 before and now they have been lost/destroyed."). These civil parties seek reparation by way of recognition of, or access to, Cambodian nationality, and their claims are assessed in detail, and set out, in the Legal Report, "A Boat Without Anchors: A Report on the Legal Status of Ethnic Vietnamese Minority Populations in Cambodia under Domestic and International Laws Governing Nationality and Statelessness." Lyma Nguyen and Christoph Sperfeldt, "A Boat Without Anchors: A Report on the Legal Status of Ethnic Vietnamese Minority Populations in Cambodia under Domestic and International

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Laws Governing Nationality and Statelessness." The Report is available in English and Khmer, and includes a Full Annex of relevant laws and sub-decrees, at: http://www.civilparties.org/?p=494. 419 Before the CPK came to power, the Cham practiced Islam, spoke their own language and wore clothes that distinguished them from other groups of the population. They identified themselves as a distinct ethnic and religious group, with their own history and religion, and were identified as such by the rest of the Khmer population. 420 CPK Magazine, "Revolutionary Standard", Special Issue September-October 1976, E3110, ERN 00450526, (Stating that: "There is the peasant class, whether old peasants or new peasants. Aside from these two classes, what else is there? There are no feudalists-landowners. According to our assessments, there are none. Are there any capitalists? There are none. There is no class organization making a living as capitalists. Is there a petty bourgeoisie? There are no petty bourgeoisie intellectuals, professors, mandarins, or students. This is speaking strictly organizationally"); CPK Document "Follow-up of implementation of the political line in mobilizing the National Democratic Front Forces of the Party", E3/99, ERN 00244275, 22 September 1975 (Stating that: Never before have they been such changes in Cambodian society since the liberation. The class elements, for example, such workers new and base alike and peasants come to existence. The former civil servants, petty bourgeoisies, traders, domestic compradors, aristocrats are categorized new peasants. These new peasants do not enjoy the political and economic status as they used to particularly after their settlement in the rural areas. Now we have effective control over all regions. In the cities are our workers, youths and soldiers. In the rural area are base and new peasants. That is it; nothing else"). 421 Democratic Kampuchea Constitution, Chapter 15, Article 20, E3/259, ERN 00184838. 422 Closing Order, D427, para. 207. 423Supplementary Information Form annexed to Civil Party Application of THORN Rin, E3/4792, ERN 00915944 424 Supplementary Information Form annexed to Civil Party Application of_, E3/4893, ERN 00851264. See also Supplementary Information Form annexed to Civil Party Applic~, E3/S079, ERN 00891063 (Stating: "with regard to religion, traditions and customs of the Chams, the Khmer Rouge absolutely prohibited our practices") 425 Supplementary Information Form annexed to Civil Party Application of_, D22/489a, ERN FR 0089369l. 426 Civil Party Application of_, E3/4793, ERN 00916923. 427 Written Record ofInterview of Civil Party _,E3/S240 , ERN 00079580. 428 Supplementary Information of Civil Party Application of _, (lTD Draft), E3/4887, page 2, (stating that: "After 17 April 1975, four Khmer Rouge Party leaders came from the Provincial level to manage Koah Khmer. Meetings were regularly held at which Angkar told the people that they were not allowed to practice any religious belief or worship, including Buddhism, because Angkar considered monks to be non-proletarian and parasites, sucking the people's blood and waiting for readily prepared meals, and they needed to be removed. They forced the two monks to leave the monkhood. They have been missing since. The residence where the two monks had stayed was destroyed") 429 Civil Party application of _,E3/S078, ERN 00779611, (Stating that: "Since 1973, the country had been in the war. As a result, the traditional worship of our Islam was prohibited. We were not allowed to practice and follow our religion as we traditionally did in the past. This event occurred in Tuol Tbaeng near Longveaek Commune. For three or four months later, the water level in the north of Longveaek went down. The Khmer Rouge therefore evacuated us to the area of Boeng Thorn locating in the present commune ofChres. We lived in the east ofChres for one month. We were then evacuated to District 14"). 430 On the description of the unfolding of the events after the Koh Phal rebellion see: Civil party application of _, E3/470S, ERN 00417850, (Stating that: "April 1975: After the rebellion at Koh Phal, Poes Muoy (Commune, Krauch Chhmar District, Kampong Cham Province, at 5 p.m. that same day the Khmer Rouge evacuated the Cham people from villages throughout Krauch Chhmar District. The Khmer Rouge made loudspeaker announcements telling the people that all the brothers and sisters had leave the village and had to leave urgently because they had to clean out the village, clean out the enemies. Then the people, probably more than 1,000 families and· my parents, and their six children departed one after another"); Civil Party Application of E3/4933, ERN 00890979, (Stating that: "Before April 1975, my family lived in Trapeang Boeng in the of Kampong Thorn Province. When the Khmer Rouge army entered our village, my family and many other people - the majority of them were Cham ethnics - were ordered to leave home in the evening. at that time had five (5) members: my mother _, my older sister _, my younger brothers and I. Those Khmer Rouge soldiers told us we were only required to temporarily leave our village and that we did not necessarily have to take too many belongings with you"); Civil Party Application of_, E3/4892, ERN 00890956-00890957, (Stating

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that "In late 1975, perhaps in September, people in my village began to revolt against the Khmer Rouge mistreatment of them. Before the revolt, arrests had been made constantly, which explained why the people joined the revolt. The people in Svay Khleang used machetes and axes in protest. They arrested and killed a Khmer Rouge member Chetr, a Khmer citizen, working in Svay Khleang Commune. Then the Khmer Rouge came to surround Svay Khleang Village. Men were arrested and taken to a tobacco warehouse located to the rest ofPreak Ta Duong Bridge, in Krouch Chhmar Commune. I was also detained at a tobacco kilm, while women were taken to pagodas and temples. At the tobacco warehouse, I received only two small bowls of clear gruel for each meal or twice a day. The food was not enough. I was detained there for about 20 days. At the warehouse, I saw the Khmer Rouge beat and persecute the people there [ ... J Later, I was evacuated again and again to do farming ..."); Written Record of Witness Interview of _ with OCIJ, E3/S210, ERN 00242073, (Stating that: "Immediately after that, they evacuated us by boat. We were transported day and night for 24 hours and finally the boats reached Chi Theang in Dambe district. Later, they had us walk to Svay Kambet village, Sida commune, Dambe district which was 10 kilometers [from our village]. We lived there for more than two years"); Civil Party Application of _, E3/4780, ERN 00893530, (Stating that: "After being released from the detention centre, all the villagers of Svay Khleang were sent by the Khmer Rouge leaders (names unknown) to Dambae District to be mixed with Cambodians in Stueng Trang District of Kampong Cham Province and in Kampong Thorn Province's Baray and Santuk Districts. Most of them were made to live in villages with Khmer populations. Svay Kambet Village, Seda Commune and Dambae District of Kampong Cham Province were in a malaria-prone mountainous area"); Civil Party Application of_, E3/4706, ERN 00417861, "In 1976: The Khmer Rouge evacuated my village. A huge number were evacuated, more than 150 families. Because the Khmer Rouge heard that there had been a rebellion at Koh Phal Village, Poes Commune, Krauch Chhmar District, Kampong Cham Province, they began to split up and scatter everyone in almost every village throughout the district and have them live with the ethnic Khmer people"); Supplementary Information Form annexed to Civil Party Application of E3/4934, ERN 00861863, (Stating that: "In 1975, the Khmer Rouge urgently evacuated my family and other villagers to an area called Angtae Bospork"); E311678, ERN 00353493, (Stating that: " After 17 April 1975, my family and I were evacuated to Sector 555 in Sambaur village, Sambaur commune, Sambaur district, Kratie province. Other people from my village were evacuated, but to different provinces like Kratie province, Battambang province and other provinces"); Civil Party Application of_, E3/4780, ERN 00893530, (Stating that: "After being released from the detention centre, all the villagers of Svay Khleang were sent by the Khmer Rouge leaders (names unknown) to Dambae District to be mixed with Cambodians in Stueng Trang District of Kampong Cham Province and in Kampong Thorn Province's Baray and Santuk Districts"). 431 Civil Party Application of ERN 00891053, (Stating that: "Praying to God was strictly prohibited"); Civil Party Application of E3/S079, ERN 00891063, (Stating that: "Chams could not practice their religion or worship their God"); Civil Party Application of _, E3/4892, ERN 00890956, (Stating that "In 1975, the Khmer Rouge banned worship of God"); Civil Party Application of_ ., E3/4706, ERN 00417861, (Stating that: "The Khmer Rouge put a stop to religion. Islam was an important target for eradication. The Khmer Rouge absolutely prohibited the Cham people to sampeas yang (worship)"); Civil Party Application of _, E3/4780, ERN 00893529, (Stating that: "During a period of over four or five months, the Khmer Rouge began gradually applying stricter rules, such as not allowing the Cham Muslim community to worship or practice religion five times a day or Ramadan"). 432 Civil Party Application of E3/4799 ERN 00835937. 433 Civil Party Application of E3/5079, ERN 00891063; See also Supplementary Information Form annexed to Civil Party of E3/5079, ERN 00835937; (Stating that: "The Koran, which was hidden by the Khmer Islam, was burned up by them after they had discovered it"); Supplementary Information Form annexed to Civil Party Application of _, E3/S06S, ERN 00891053; (stating that "Bibles were destroyed") [TRANSLATION SHOULD BE KORAN Koran]. 434 Civil Party Application of _, E3/4892, ERN 00890956, (Stating that "They prohibited us from speaking the Cham (my) language"); Civil Party Application of _, E3/S079, ERN 00891063, (Stating that "we were prohibited from speaking the Cham language"); Civil Party Application of _, E3/470S, ERN 00417850, (Stating that: "During that meeting, they mentioned that none of the Cham people were permitted to speak the Cham language"); Civil Party Application of _ E3/4780, ERN 00893529, (Stating that: "Women were not allowed to wear scarves on their heads or to speak the Cham language"). 435 Civil Party Application of _, E3/4706, ERN 00417861, (Stating that "I did not clearly see any killings, but I heard hearsay that those who did not obey Angkar and who had been given instructions and criticism always not long afterwards disappeared from the villages and the district"); Civil Party Application of _,E3/S078, ERN 0077961, (Stating that "In 1976, we started eating collectively. In the same year, we were forced to eat pork; we were not allowed to talk in our language; girls and women had to have short

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haircut. These acts led to the abolition of our race and Islam"); Civil Party Application of _, E3/4705, ERN 00417850, (Stating that: "During that meeting, they mentioned that none of the Cham people were permitted to speak the Cham language and they need not pray or worship either in their houses or in the Cham mosques. Furthermore, no Cham customs and traditions could be observed, like wearing scarves and traditional dress, and also, long hair was not permitted and had to be cut short. The Cham were not permitted to sit together in groups of more than two or three, and if they did want to sit together there had to be an ethnic Khmer present. Furthermore, they also told us that if there was any opposition or any violation of rules, we would be held responsible in front of Angkar"). 436 Civil Party Application of (lTV Draft) E3/4797, ERN: 00779612, p 3, See also: Supplementary Information of Civil Party Application of _, (lTV Draft), E3/4999, page 2, (Stating that: "I saw Khmer Rouge arrest four Pnong minorities while they were riding an elephant. They were ordered to dig a pit and were executed in 1975"). 437 Supplementary Information Form annexed to Civil Party Application of _, E3/4765, ERN 00912428-00912429, (Stating that: "After 17 April 1975, when the Khmer Rouge took power, Angkar indoctrinated Chan, a Jarai ethnic, and appointed him Squad Chief. Then Chan told all the Jarai ethnic villagers to stop believing in the spirits of guardians and ancestors. As a consequence, during the period between 1975 and 1978, Jarai ethnic villagers did not dare worship the spirits of guardians and ancestors because they were afraid that Angkar would take them for re-education, which meant "execution"") ; Supplementary Information Form annexed to Civil Party Application of _, E3/4795, ERN EN 00915945-00915946; Civil Party Application of _, E3/4796, ERN 00916925-00916926, (Stating that: "The traditional ways of my Tumpoun ethnic group with regard to our marriage ceremonies, offering food to spirits or killing a buffalo for meat with wine, were all eliminated completely by the Khmer Rouge"); Civil Party Application of_ E3/4862, ERN 00916901, (Stating that: "Furthermore, the traditions of my Tumpoun brothers and sisters, like marriage, blessing the spirits, slaughtering buffalo, and drinking alcohol were all eliminated by the Khmer Rouge. Farm plots and forests reserved for burials were not allowed. All livestock were kept communally"; Civil Party Application of E3/4864, ERN 00916904, (Stating that: "On top of that, the traditions of the ethnic Tumpuon minority, as Areak worship and the Kap Krabei Phoek Sra drama, were totally repressed."; Civil Party Application of _ - E3/4869, ERN 00918043, (Stating that: "The Khmer Rouge clique effectively banned the traditions of our Tum Puon ethnics such as wedding ceremonies, demon offerings, buffalo killing, wine drinking and etc") ; Supplementary Information Form annexed to Civil Party Application of _, E3/4974, ERN 00912408-00912409, (Stating that: "After the Khmer Rouge seized power on 17 April 1975, the Khmer Rouge prohibited our right to worship animism. The Khmer Rouge promoted a Jarai ethnic named Theng to be a cooperative chief Theng told us, the Jarai people, not to worship animism and not to celebrate any rituals. In early 1976, the burial ground in the forest by the village, which was worshipped by Jarai people, was destroyed by Theng and others including me and other Jarai people. We destroyed where we had worshipped with our hands. Ta Cheuchea was assigned to work as hard as other people although he was old. As a Jarai ethnic, I feel hurtful over the Khmer Rouge's damage to the religious practice, making Jarai people suffer greatly"). 438 Supplementary Information Form annexed to Civil Party Application of 00903179; see also Supplementary Information Form annexed to Civil Party of E3/4701, ERN 00915928-00915929 (Stating that: "Ceremonies of offering food to demons and guardian spirits had been led by two tribal chiefs, namely Ta Nou and Ta Pruoy. The two chiefs had prepared these ceremonies for happiness through offering wine and water buffalo sacrifice. After the Khmer Rouge took power on 17 April 1975, Khmer Rouge cadres announced the prohibition of all Tumpuon ethnicities from believing in demons and guardian spirits. After this announcement, Ta Nou and Ta Pruoy were called by a Khmer Rouge squad chief to be re-educated; they have disappeared until now"); Supplementary Information Form annexed to Civil Party Application of _, E3/4795, ERN 00915946 (Stating that: "Later on, Tumpuon and Krin tribal leaders, Ta Duong and Kday, were arrested and detained by the Khmer Rouge Angkar; later on I heard that they had been taken to be killed by the Khmer Rouge Angkar, and that the forest graves and guardian spirits had been destroyed"); Supplementary Information Form annexed to Civil Party Application of_ E3/4863, ERN 00912398-00912399, (Stating that: After 17 April 1975, the Khmer Rouge called all the villagers to attend a meeting and told them not to believe in superstition. Later, they arrested Tribal Chief Duong and the Tribal Chief of the Kroeng ethnic group, Kdoy, for detention. The two Tribal Chiefs have since disappeared. Later, it was said that the two Tribal Chiefs had been executed at the gravesite."); Supplementary Information Form annexed to Civil Party Application of E3/4865, ERN 00912400-00912401, (Stating that: "The Chief of the Tumpuon ethnic group was Duong, who was my grandfather. The Khmer Rouge took over power on 17 April 1975; Angkar banned Tumpuon ethnic groups from worshipping animism. The Khmer Rouge arrested my grandfather and another chief of Kren ethnic group. Later, I learned that Angkar had killed my

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grandfather"); Supplementary Information Form annexed to Civil Party Application of _ E3/4870, ERN 00912402-00912403, (Stating that: "When someone was sick or there was any phenomenon in the village, Ta Duong always performed a ritual for the evil spirits to take care of Tumpuon people. Mter the Khmer Rouge seized the power on 17 April 1975, a unit chief and the village chief, whose name I do not remember, made an announcement saying that Tumpuon ethnics were banned from worshipping animism. Mter the announcement, Ta Duong disappeared"). 439 Oral testimony of HUN Chunly, T., Ell 150.1, 7 December 2012, ERN 00870119-00870120 at lines 17-25 and 1-4 (stating: "The Catholic building in Battambang was built in the 19th Century and the Khmer Rouge was destroyed in mid-1976. It was not immediately after the fall of Battambang. As for Buddhist pagodas, certain Buddhist pagodas were transformed into prisons. And the other were transformed into the detention centre; for example, one of the pagodas -- there was transformed into the operation training centre. Now, for example, if they would send anyone for operation experiment they would bring those people to this pagoda. As for other religious buildings of other religions, of course there were not many secular religious buildings. There were only a few Chinese monasteries or so, but other than that, there were only Buddhist pagodas and one cathedral."); Ibid, ERN 00870120 at lines 10-22 (stating: "For Veal Pagoda in particular, to my knowledge, in 1979 I went back there again, and in front of the crematory oven, there was a people lying in front of this oven and those who were operated and then died would send and be cremated over there. So they told me -- I actually heard of it that it was used as a surgical operation theatre and I later on found out that it was true. And, as well, other pagodas, they were converted into security centres. They were the places where people were detained. And some of them were also converted into the warehouse of ammunition because there were bombardments by the Vietnamese on certain pagodas in Wat Kandal (phonetic) Pagoda because those places were used to store ammunition and I heard from the villagers that many pagodas were converted into prisons or detention centres."); Supplementary Information Form annexed to Civil Party Application of _, E3/S021, ERN 00865173-00865174, (Stating that: "They forced the monks out of the pagoda, destroyed the pagoda, and used the pagoda as the detention center for detaining people in 1975. That pagoda was the Serei Sakor Pagoda in Kampong Trabek !district] in Prey Veng province"). 40 Civil Party Application of_, E3/4677, ERN 00332196. 441 Supplementary Information Form annexed to Civil Party Application of _, E3/4938, ERN 00891006, see also: Supplementary Information Form annexed to Civil Party Ap~, E3/488S, ERN 00891254, (Stating that: "When the Khmer Rouge came into my district in 1975, Angkor Chey Pagoda was dismantled and Buddhist statues were thrown into ponds"). 442 Civil Party Application of E3/S079, ERN 00891063, (Stating that "They did not allow worship, and they burned and destroyed mosques"). 443 Supplementary Information Form annexed to Civil Party Application of E3/S079, ERN 00891063. 444 Oral testimony of HUN Chunly, T., Ell 149.1, 6 December 2012, ERN 00869000 at lines 21-25, (stating: "At that time, we could manage to have sufficient food. However, by the end of 1976, a lot of people died. As for the Islam population who settled there, half of them died. And for the sick Cham people who could not to their ration would be cut, and they were also forced to eat pork"); Civil Party Application of E3/4744, ERN 00864492, (Stating that: "Moreover, when porridge and soup with pork were served, I was threatened by comrade Chhim to eat pork. He said, "Nowadays, you still have the belief of evil ghosts. If you do not eat it means that you oppose us"). Supplementary Information Form annexed to Civil Party Application of E3/S079, ERN 00891063, (Stating that: "we were forced to eat pork"); Supplementary Information Form annexed to Civil Party Application of _, E3/4799, ERN 00835937, (Stating that: "The Khmer Rouge forced the Khmer Islam to eat pork. Some of those who refused to eat pork were taken away to be killed"); Civil Party Application of _, E3/S06S, ERN 00891053, (Stating that: "Khmer-Cham people were forced to eat pork. If they had rejected this, they would have been killed Civil Party Application of • • , E3/S060, ERN 00856209, (Stating that: "The Khmer Rouge had forced us to eat pork, and if we refused to do it, they would kill us Party Application of_, E3/4780, ERN 00893529, (Stating that: "Still worse, the Khmer Rouge called one or two from each Muslim family, totaling 10 to 20 or 30 people and sent them to a security centre in Krouch Chhrnar's district town"); Supplementary Information Form annexed to Civil Party Application ofLOUN Mas, Civil Party Application of_, (lTD draft version), E3/S0S0, page 4, (stating that: "They forced us to eat pork, and if we did not, they would send us to be investigated by the higher ranking officers. In other words, we would be killed. Some people agreed to eat it, while some did not. They shared out two hundred grams of pork to each of us and had a person spy on us. Some Islamic people exchanged the pork for salt. In Battambang, I witnessed Khmer Rouge killing people right in front of me"). 445 Weekly Report of Sector 5 Committee, E3/178, ERN 00342709.

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446 United Nations, Economic and social Council (Franc;ois Ponchaud), E311804, ERN 00087527. Written Record of Interview of Charged Person Kaing Guek Eav, alias Duch, E311580, ERN 00177590 (Stating: "The distinction does not start in 1975. As early as 1970, some territories were under Khmer Rouge control, they were the old bases of the Revolution. Certain religious freedoms had already started being restrained there. Monks were supposed to have two roles: pray for the ancestors and glorifY the Revolution. People could not celebrate the Festival for the Dead or New Year, for the excuse that we were at war. I learnt that the Security Centre of Division 703 killed the venerable Huot Tan' after 17 ( ... ) . See Part III on Factual Evidence of Crimes. 447 Written Record of Civil Party Interview E3/436, ERN 004l457l. 448 Annex 3: A Brief Biography of YOU Chhamar's Family During the Pol Pot Regime, E3/4675, page 7 (ITU Draft version) (Stating that: "She advised the three priests to hide their backgrounds, telling others they were teachers of young children, not priests. Angkar came to search our clothes bags and record our biographies"). 449 Civil party application of_, E3/4706, ERN 00417861, (Stating that: "Those who refused to obey were taken away and killed. I did not clearly see any killings, but I heard hearsay that those who did not obey Angkar and who had been given instructions and criticism always not long afterwards disappeared from the villages and the district, regardless of whether they were Cham or Khmer"); ibid, ERN 00417862, (Stating that: "Some children who had lost their parents were running around loose all over the village. Some were crying. Some were screaming. The Khmer Rouge grabbed those children by their legs and bashed them into wooden house foundation posts, killing them instantly. The Khmer Rouge walked us toward the Au Trakuon Pagoda (Peam Chikang Commune, ), the killing site"); Supplementary infonnation of civil party applicant, E3/4745 ERN 00864492, (Stating that: "I was threatened by comrade Chhim to eat the pork. He said, "Nowadays, you still have the belief of evil ghosts. If you do not eat pork, it means that you oppose us." Since then, I ate pork as other people did"); Civil party application of _ E3/4980, ERN 00893408, (Stating that: "During one night, the Chief of Cooperative Ta Kan (I don't know if he is dead or alive now) ordered some militiamen (I did not know their names) to escort six of my family members: my sick mother and my younger siblings LI Sah, LI Mas, LI Kha, KUNG Hai and LI Rim to the killing venue. They were all beaten to death with a rectangular red wooden stick and dropped into a water pond located about 50 meters from Cooperative I. They killed them because Ta Kan knew that my family was Cham"); Supplementary information of civil party application of_ E3/4893, ERN 00851264, (Stating that: "They (names unknown) forced us to eat it time and again. We were forced to eat otherwise, we would be killed"). 450 Civil party application E3/4706, ERN 004l786l. 451 Civil Party Application of E3/4705, ERN 00417852, (Stating that: "I was staying. District Com. Huor told us, "Get up nieces! Uncle requests to tie you up." Next the soldiers tied our arms behind our backs in the parrot-wing style. Then they began to question each of us about our backgrounds. They asked us one at a time, "Are you Khmer or Cham?" Anyone who said that they were Cham was sent down below outside"). 452 Civil party application of _ E3/4980, ERN 00893408. See also Civil Party Application of_ ., E3/4706, ERN 00417863-00417864, (Stating that: "April 1978: One day during the Cambodian New Year, the Khmer Rouge told all the Cham to rest at home and not to go work anywhere. [. . .)At about 3 p.ll the Khmer Rouge began to round up all the Cham from their houses in each village throughout Kang Meas District. The majority of those Cham, hundreds, were former residents of Sach Saur Village, Antuong Sar Village, and Angkor Ban Village. The Khmer Rouge walked the people along the roads in the villages with vigilant guards, each carrying a gun and a knife, posted on both sides of the roads. I knew two or three of those security personnel: Comrade Doeun, a militiaman (current whereabouts unknown); Chairman ... [test obscured by thumbprint] ... Comrade Yong, a native of Sach Saur Village, Peam Chikang Commune (current whereabouts unknown); and another one, Comrade Choek (current whereabouts unknown). When the parade reached Anyone the Khmer Rouge saw as having any strength had their arms tied behind their backs parrot-wing style. The females, the children, and the elderly were not tied up at all. It was my good fortune that the Khmer Rouge seemed to think I was weak and did not have the strength to flee, so I was not tied up. I saw some people walking along shirtless in only their shorts because the Khmer Rouge had called them down from their houses in such a rush. Among those people, I still remember the names of some of heads of the families walking in that parade: Ta Yas's family, the family of Ta Chib and his wife Salamat, Sovann's family, Aminsas's family, etc. Some children who had lost their parents were running around loose all over the village. Some were crying. Some were screaming. The Khmer Rouge grabbed those children by their legs and bashed them into wooden house foundation posts, killing them instantly. The Khmer Rouge walked us toward the Au Trakuon Pagoda (Peam Chikang Commune, Kang Meas District), the killing site 'j. Civil Party Application of_, E3/4705, ERN 00417852, (Stating that: "The next morning, the Khmer Rouge had all 30 of us each dig one 0.5 meter wide and 2 meter long pit. It took five days to dig the pits. The fifth night a group of three that had fled into the forest, Sar, SAK Pan, and Sokrei paddled a boat up to the place where I was staying and told us, "You are digging your own graves. They will not let you live").

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453 Follow-up of implementation of the political line in mobilizing the National Democratic Front Forces of the Party, E3/99, 22 September 1975, ERN 00244275. 454 Supplementary Information of Civil Party Application of Draft), E3/4887, page 2. See also: Supplementary Information of Civil Party Application of (ITU Draft), E3/4997, page 2, (stating that: "I believe in Buddhism very much; therefore, I dared not destroy the statues in the pagoda. But I was very sorrowful when I saw Khmer Rouge destroying the pagoda"). 455 Supplementary Information Form annexed to Civil Party Application of E3/4745, ERN 00855588. 456 Supplementary Information Form annexed to Civil Party Application of _, E3/4795, ERN 00915946 (Stating that: "Being a Tumpuon ethnic, I, SENG Thang, was incomparably hurt by the loss of the respectful tribal leader, forest graves and guardian spirits which were killed and violated by the Khmer Rouge. These acts caused serious hardships to people of Tumpuon ethnicity") ; Supplementary Information Form annexed to Civil Party Application of _ E3/4870, ERN 00912403 (Stating that: "As one of the Tumpuon ethnic group members who used to worship animism under the chief's leadership, I was very unhappy with the prohibition of religious worship, the chief's murder, and the destruction of the spirit houses and the burial ground, but I dared not to express my feeling for fear of being killed") ; Supplementary Information Form annexed to Civil Party Application of _ E3/4863, ERN 00912399 (Stating that: "It was very painful to me, as a Tumpuon ethnic, to be deprived of my religious belief and to see the destruction of the shrines of guardians, ancestors and gravesites. I also missed Ta Duong, whom they had executed"); Supplementary Information Form annexed to Civil Party Application of, E3/4974, ERN 00912409, (Stating that: "As a Jarai ethnic, I feel hurtful over the Khmer Rouge's damage to the religious practice, making Jarai people suffer greatly"). 457 Supplementary Information Form annexed to Civil Party Application of _, E3/4794, ERN 00903179. 458 Telegram 15, E3/154, ERN 00185064. 459 Oral testimony of REDER Stephen, T., E1!221.1, 11 July 2013, ERN 00938845 at lines 17 to 23 and ERN 00938846 at lines 11 to 14, (Stating that: 17 "In an interview with the author [Heder] on the 22nd of February 2001 in Siem Reap, Cambodia, Pauk agreed to discuss evidence against himself and others, on the condition that his remarks not be made public while he was alive." And then in terms of what he said: "He conceded that as Secretary of the CPK North (later Central) Zone Committee" [... ] My first question is: Is what you've stated an accurate reflection of what Ke Pauk told you in the interview you had with him? A. Yes") 460 Written Record of Witness Interview of Suon Kanil, E3/74, ERN 00384690, (Stating that: "The Committee 870 here referred to the Central Committee in Phnom Penh. The substance of this telegram described comrade Pauk reported the enemy activity on the East Zone battlefields on 4 May 1978. Based on my knowledge, KE Pauk was the number four person in the Centre in of the 461 Written Record of Witness Interview of with OCIJ, E3/35, ERN 00346160, (Stating that: "Q: Did you know the structure of the Democratic Kampuchea regime? A: I knew part of it. They organized it into two sections, one was the Party Centre Standing [committee] controlled by POL Pot, NUON Chea, SAO Phim, , SON Sen, IENG Sary, and KHIEU Ponnary; and another was the Party Standing [committee], composed of ministers and Zone [secretaries], included Ta Mok, KOY Thuon, Ta Ya (alias Chakrey, YUN Yat ,IENG Thirith, ROS Nhim (Ud mtr), KHIEU Samphan, Ta Keu (m n), Ta Soth Ta Laing, KE Pauk, and some others whose names I did not recall"); Written Record of Witness Interview of Suon Kanil, E3/74, ERN 00384690- 00384691, (Stating that: "This was the real telegram. Based on the content of this telegram, the sender was comrade Pauk who sent it to Committee 870. The Committee 870 here referred to the Central Committee in Phnom Penh. The substance of this telegram described comrade Pauk reported the enemy activity on the East Zone battlefields on 4 May 1978. Based on my knowledge, KE Pauk was the number four person in the Centre in charge of the military. [ ... ]This document was sent from comrade Pauk to Committee 870. This content talked about the situation of the East Zone battlefield. In the military, Ta Pauk was in the higher rank than SOA Phim In this document, they wrote: copied to Granduncle Nuon which meant NUON Chea"); Written Record ofInterview with Charged Person Duch, E3/429, ERN 00403917-00403918. (Stating that: "I believe the decision to arrest him was taken by the standing committee, with the agreement of KE Pork. He was probably arrested first by KE Pork and then transferred to S-2l. I know that, at the time, KE Pork came to Phnom Penh on several occasions. I found this out from SON Sen, who wanted KE Pork to stop by and see me to discuss the situation in detail [ ... ]As far as NUON Chea is concerned, it is my belief that he acted at the end of the chain to implement the decision. Thus, he wrote "a copy handed to comrade Pork" and he probably kept a copy at 870, which is why his comment appears on both copies. I suppose that both documents that we have in the file were kept at Office 870 and that KE Pork received another copy.

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462 Follow-up of implementation of the political line in mobilizing the National Democratic Front Forces of the Party, E3/99, 22 September 1975, ERN 00244275. 463 Cambodia's Economy and Industrial Development, KHIEU Samphan, E3/123, ERN 00750608, 13 May 1959. 464 Ibid, ERN 00750562-00750563, (Stating that: "The distinction made by the Scottish economist Adam Smith between productive and unproductive work deserves serious consideration here. Far be it for us to say, for example, that a civil servant or a soldier would be useless to society. However, the greater the reduction in numbers of individuals engaged in general social organization, then' the larger the number of people who can contribute to production will be, and the faster the nation will acquire wealth"). 465 Ibid, ERN : 00750586. 466 Civil Party Application of E3/5008 (D22/2974), ERN 00891040. 467 Civil Party Application of E3/4779 (D22/620), ERN 00891280. 468 Civil Party Application of (D22/1868), ERN 00891261. 469 Civil Party Application of E3/4795 (D22/933a), ERN 00915946 (stating that "Then the Zone Committeeman [... ] told us that Angkar had required us to make new families in accordance with the Party's rules; [ ... ]"); Oral Testimony of Civil Party YUOS Phal alias Phin, T., El!197.1, ERN 00916581 at lines 4-5, 27 May 2013 (stating that "[ ... ] Angkar would prohibit me from marrying [my former fiance] because I was the son of Angkar and it was up to Angkar to organize the marriage."); Oral Testimony of Witness CHUON Thi, T., El!183.1, ERN 00905413 and lines 24-25 and ERN 00905414 at lines 1-3, 24 April 2013 (stating that "That slogan was seen anywhere in the country. The slogan said we have to increase the number of the people, the population, up to 20 or 30 million people; we have to develop the agriculture, our industry. So, those slogans can be seen in all the work places."); Oral Testimony of Expert Philip Short, T., El!192.1, ERN 00913276 at lines 10-16, 9 May 2013 (stating that "The policy was that Cambodia wanted as big a population as possible, and indeed the forced marriages, the insistence at the grassroots that couples who had married should produce children, all that was to try to make the population bigger; [ ... ]"); Written Record ofInterview of Witness _ _ , E3/5306 (D199/21), 9 June 2009, ERN 00345184 (stating that "In 1976, when we returned from the countryside, Angkar needed people and young people were told to get married."); Foreign Broadcast Information Service 16 June 1978, E3/1363, 1978, ERN 00169824 (U.S. Marxist-Leninist Delegation which visited Cambodia from 22 to 29 April reported: "We learned of the plan to increase the size of the population."); Summary of World Broadcasts 2 November - 10 December 1981, E3/686, 1981, ERN 00030349 (Noun Chea states in an interview that "Since 1975 Democratic Kampuchea has always required a rapid increase in its population. Thus, the four-year plan of 1977-1980 aimed at increasing our population to at least 15,000,000 within five to 10 years."); Revolutionary Flag, December 19761January 1977, E3/25, 1976/1977, ERN 00491435 ("For then the sense of the Socialist Revolution and building Socialism is the goal of building the country well, defending the country well, and sorting out the livelihood of the people quickly. We need from 15 to 20 million people to meet the needs of our land."); UN General Assembly, 32nd Session, 28th Plenary Meeting, E3/1586, 1977, ERN 0079815 (Ieng Sary stated "We have no reason to reduce the size of our population or to maintain it at its present level, for with close to eight million inhabitants our population is still far short of our country's capacity, which has a need of more than 20 million people. This is why our objective is to bring about a very rapid increase in our population."); .A History of Democratic Kampuchea (1975 - 1979), E3/2634 (D188.31), 2007, ERN 00284193, ("The leaders ofDK wanted to make sure that children were born who could continue the revolution."); I want to tell you - Stories of Sexual Violence During Democratic Kampuchea (1975-1979), E3/3416, 2006, ERN 00449489 (hereinafter "I want to tell you") (Listing "ensuring reproduction" as one goal.); Behind the - A Khmer Rouge Leader and One ofhis Victims, E3/4202 (E152.2), 2010, ERN 00757496 (hereinafter "Behind the Killing Fields"), ("Because they wanted to double the population, the Khmer Rouge wanted to increase the number of marriages."); I believed in the Khmer Rouge, E3/1713, 2003, ERN 00785771 (hereinafter "I believed in the Khmer Rouge") ("[A revolutionary marriage] was apparently all that was needed to meet one of the Angkar's targets: a population of 15 million by the year 2000."); Pol Pot - The History ofa Nightmare, E3/9, 2004, ERN 00396533 ("The family continued to exist, but its primary purpose became to beget children for the service of the Party."). 470 Oral testimony of Expert Phillip Short, T., E190/1.1, ERN 00919996-00919997 at line 25 and 1-8 (Stating: "But insofar as there was a central line, it was that family ties must not be allowed to interfere with the greater loyalty of each individual, each person to the Communist course; to the organization, Angkar. The result was that very little weight was placed on family relations to the extent that marriages which took place under the Khmer Rouge period, were often between soldiers, let us say, and young women, essentially for the practical purpose of creating children which would form part of the population"). 471 Civil Party Application of_, E3/5010 (D22/2976), ERN 00891042. 472 Oral Testimony of Witness Franc;ois Ponchaud, T., El!179.1, ERN 00901773, at line 15, 10 April 2013 (stating that "I would like to say that Angkar was the parents of the people."); Oral Testimony of Expert Philip

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Short, T., El!1910.1, ERN 00913313 at lines 19-21, 7 May 2013 (stating that "The fundamental position was that the true family was the organization and not the nuclear family of parents, grandparents and children."); A History of Democratic Kampuchea (1975 - 1979), E3/2634 (D188.31), 2007, ERN 00284190, ("[ ... ] instead, each couple was designated by Angkar, which claimed to be everyone's parents."); Pol Pot's Little Red Book­ The Saying ofAngkar, E3/2812, 2004, ERN 00394888 (hereinafter "Pol Pot's Little Red Book") ("Substituting itself for traditional, parental authority, the Party chose spouses, more often than not without consulting the interested parties.");. 473 Civil Party Application of 474 See also Civil Party Application of E3/5632 (E9/32.2.25), ERN 00678295 (stating that "They did not choose couples to be mixed Khmer and Vietnamese [ ... ]"); Oral Testimony of Witness Duch, T., E1!51.1, ERN 00792997 at lines 8-16, 20 March 2012 (stating that "This ideology, it means that we should refrain from getting married with girls or women who were evacuees."); Oral Testimony of Witness ONG Thong Hoeung, T., El!105.1, ERN 00835353 at lines 1-11 (stating that "In general, and not only at K-15, that applies throughout the country, those who came from overseas did not have the rights to marry the local women."); Oral Testimony of Witness NOEM Sem, T., El!126.1, ERN 00849568 at lines 12-13,25 September 2012 (stating that "During the marriage, we had to recite our biography, telling the people in the ceremony about our origin or our class."); Written Record of Interview of Witness SENG Soeun, E3/409, 11 November 2009, ERN 00412185 (stating that "New people men would be arranged for New people couples while Base People would be arranged for Base People."); Written Record ofInterview of Witness _ E3/5295 (D166J178), 6 July 2009, ERN 00351368 (stating that "The discrimination consisted of the fact that base and 17 April people could not marry each other."); Revolutionary and Non-Revolutionary World Views Regarding the Matter of Family Building, E31775 , 1975, ERN 00417943 (hereinafter "World Views Regarding the Matter of Family Building") ("It is imperative to look at [your spouse's] background very clearly first. That is to say, they must be clean in living morals and clean politically without involvements with any enemy strings or bad elements."); I want to tell you, E3/3416, ERN 00449488 ("The couples were almost always of the same class, for example only "new people" were married to "new" people."). 475 Written Record of Interview of Civil Party _, E3/5562 (D278/2), 16 October 2009, ERN 00400458. 476 See Part II: H, infra. 477 Civil Party Application of_, E3/4677 (D22/33), ERN 00332196; 11 Civil Parties were admitted both on forced marriage and Buddhist persecution. 478 Written Record of Interview of Witness of Civil Party _, E3/5539 (D246/6), 28 August 2009, ERN 00380129. 479 Written Record of Interview of Witness _, E3/5130 (D40/3), 13 November 2007, ERN 00223181 (A monk who was forced to marry after being defrocked.); Written Record of Witness Interview of AFFONCO Denise, E3/3976 (D199J15), 3 June 2009, ERN 00346935 (stating that "There was a handful of monks in the village, but they had been forced to marry."); Buddhism Under Pol Pot, E3/2818, 2009, ERN 00284343 to 00284345 (giving various examples of this practice). 480 Civil Party Application of_, E3/4884 (D22/1868), ERN 00891260. 481 Oral Testimony of Witness NOEM Sem, T., El!126.1, ERN EN 00849616 at lines 9-11, 25 September 2012 (stating that "No, there was no religious celebration or ceremony."); Written Record of Interview of Witness _ E3/5271 (D166J100), 1 February 2009, ERN 00289927 (stating that "It was Angkar who organized the marriage and there was neither monk nor anything else."); Written Record ofInterview of Witness _,E3/47, 18 November 2009, ERN 00412152 (stating that "There were no monks; there were no religions."); A History of Democratic Kampuchea, E3/2634 (D188.31), ERN 00284191 ("Traditional clothes, dancing, singing, and religious ceremonies were prohibited."). 482 See Part II: H, supra. 483 Oukoubah - Justice/or the Cham Muslims under the Democratic Kampuchea, E3J1822 (IS 4.47), 2002, ERN 00078544 (listing marriages as one of the most important ways in which the Khmer Rouge tried to destroy Islam); 4 Civil Parties were admitted both on forced marriage and Cham persecution. 484 Civil Party Application of _, E3/5061 (D22/3519a), ERN 00891052; see also Allegations of Human Rights Violations in Democratic Kampuchea, E3/4198 (D84/2.7), 1978, ERN 00271509 (referring to ten Chams who were executed for . the . practices imposed by the authorities). 485 Civil Party Application of E3/5066 (D22/3536a), ERN 00890594. 486. Civil Party Application of E3/4807 (D22J1067a), ERN 00846968; see also Written Record ofInterview of Civil Party E3/5590 (D296/8), 17 December 2009, ERN 00426479 (widow of former Lon Nol soldier); Commentary on the Revolutionary Biography of Suong Sikoeun, E3J1716, 2003,

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ERN 00826588 ("A similar thing happened to Ung Nary, daughter of Ung Y, who had been prime minister of Cambodia. [ ... ] the Khmer Rouge forced her to marry a Cambodian and renounce her earlier marriag.e"). 487 Civil Party Application of _, E3/4706 (D221164), ERN 00417863 (who was married to his fiance from before the Khmer Rouge period). 488 Civil Party Application of _, E3/5010 (D22/2976), ERN 00891042; Civil Party Application of _, E3/5007 (D22/2972), ERN 00891038; Civil Party Application of _ E3/4685 (D22/64a), ERN 00891282; Civil Party Application of _ E3/4768 (D22/503), ERN 00891273; Civil Party Application of_, E3/5008 (D22/2974), ERN 00891040; Civil Party Application of_, E3/4762 (D22/412), ERN 00891269; Civil Party Application of _, E3/4779 (D22/620), ERN 00891279· Civil Party Application of_, E3/4677 (D22/33), ERN 00332196; Civil Party Application of E3/4807 (D2211067a), ERN 00846968; Civil Party Application of _, E3/4812 (D22/1140), ERN 00793355; Civil Party Application of SOPHAN Sovany, E3/5738 (D2211241a), ERN 00851237; Civil Party Application of _, E3/4840 (D2211341a), ERN 00864849· Civil Party Application of_, E3/4875 (D2211721a), ERN 00889673· Civil . of E3/4884 (D2211868), ERN 00891259; Civil Party Application of E3/4889 (D221193), ERN 00446586; Civil Party Application of E3/4914 (D22/2014a), ERN 00890965; Civil Party Application of _, E3/5021 (D22/3 ERN 00865174; Civil Party Application of _, E3/5031 (D22/3193a), ERN 00854257; Civil of _ E3/5035 (D22/3211 a), ERN 00859293; Civil Party Application of E3/4745 (D22/328a), ERN 00855588; Civil Party Application of _, E3/5058 (D22/3484a), ERN 00891049; Civil Party Application of _, E3/5060 (D22/3518a), ERN 00856209; Civil Party Application of _, E3/5061 (D22/3519a), ERN 00891052; Civil Party Application of_, E3/5063 (D22/3531a), ERN 00858920; Civil of _, E3/5066 (D22/3536a), ERN 00890594; Civil of E3/5079 (D22/3675a), ERN 00891063; Civil Party Application of E3/5111 (D22/3858a), ERN 00853176; Civil Party Application of E3/4765 (D22/488a), ERN 00912429; Civil Party Application of _, E3/4794 (D22/932a), ERN 00903180; Civil Party Application of _, E3/4800 (D22/991a), ERN 00835937; Civil Party Application of _ _ , E311657 (D22/1175), ERN 00842559; Civil Party Application of_, E3/5632 (E9/32.2.25), ERN 00678295; Civil Party Application of _, E3/4795 (D22/933a), ERN 00915946; Civil Party Application of_, E3/4973, ERN 00916913 £; Oral Testimony of Civil Party EM Oeun, T., ElI113.1, ERN 00841956 at lines 4-25, 23 August 2012; Oral Testimony of Civil Party YUOS Phal alias T. ElI197.1, ERN 00916581 at lines 4-18, 27 May 2013; Written Record ofInterview of Civil Party E3/4657 (D217/3), 9 July 2009, ERN 00353706; Written Record of Interview of Civil Party E3/5558 (D277/5), 9 September 2009, ERN 00381009; Written Record ofInterview of Civil Party E3/5559 (D277/6), 9 September 2009, ERN 00377369; Written Record of Interview of Civil Party E3/5561 (D277/8), 10 September 2009, ERN 00384789; Written Record ofInterview of Civil Party E3/5591 (D296/9), 8 December 2009, ERN 00426489; Written Record of Interview of Civil Party SOU vy, E3/4609 (D277/11), 18 December 2009, ERN 00434883; Written Record of Interview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455378. 489 Oral Testimony of Expert Philip Short, ElI191.1, ERN 00910772 at line 25 and ERN 00910773 at lines 1-2, 8 May 2013 (stating that "The possibility of not obeying did not arise because to disobey Angkar would lead to death. You either did it, what you were told, or you died."); Written Record of Interview of Witness E3/5306 (D199/21), 9 June 2009, ERN 00345184; Written Record ofInterview of Witness (D1661100), 1 February 2009, ERN 00289927; Written Record ofInterview of Witness 1 (D1251169), 18 December 2008, ERN 00279254; Written Record ofInterview of E3/5177 (D125/46), 9 June 2008, ERN 00242135; Written Record of Interview of Witness E3/5184 (D125/53), 17 June 2008, ERN 00225528; Written Record of Interview of Witness E3/5286 (D1661128), 21 April 2009, ERN 00338374; Written Record of Interview of Witness E3/5248 (D166116), 7 October 2008, ERN 00235147; Written Record ofInterview of Witness PECHUY '--'~HIIJ'''_" E3/3964 (D1251127), 10 September 2008, ERN 00225211; Written Record of Interview of Witness SUM Alaat, E3/4637 (D125/48, 10 June 2008, ERN 00242124; Written Record ofInterview of Witness E3/5254 (D166/30), 5 November 2008, ERN 00242363; Written Record of Interview of Witness E3/368 (D125118), 6 May 2008, ERN 00272581; Written Record of Interview of Witness E3/5295 (D1661178), 6 July 2009, ERN 00351368; Written Record ofInterview of Witness E31102, 11 June 2009, ERN 00345537; Pol Pot - The History ofa Nightmare, E3/9, 2004, ERN 00396533 ("Marriage, not merely between Party members, but between any two people was a party and not an individual affair. Free choice of spouse was explicitly condemned."); World Views Regarding the Matter of Family Building, E31775, 1975, ERN 00417943 ("Two, organizational discipline must be absolutely respected. In the matter of building a

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family, no matter the outcome of the organizational and the collective assessments and decisions, they must be absolutely respected. Do not have hard feelings, do not be disappointed. This is because only the Organization and the collective are able to make their assessment from every aspect."); A History ofDemocratic Kampuchea, E3/2634 (D188.31), ERN 00284190 ("Most men and women were not allowed to choose their partner; [ ... ]"); Pol Pot's Little Red Book, E3/2812, ERN 00394888 ("[ ... ] the Party chose spouses, more often than not without consulting the interested parties."); Gender-Based Violence During the Khmer Rouge Regime - Stories of Survivors from the Democratic Kampuchea (1975 - 1979), E3/2959, 2008, ERN 00421893 (hereinafter "Gender-Based Violence During the Khmer Rouge Regime) ("People were not allowed to make any objection to the decision of Angkar and a marriage order was no exception."); Behind the Killing Fields, E3/4202 (E152.2), ERN 00757496 ("The opinions of the prospective groom and bride did not matter."); Democratic Kampuchea (1975-1979): Women as Toolsfor Social Change, D188.30, 2000, ERN 00284168 (hereinafter "Women as Tools for Social Change") ("Once a decision was made and a marriage arranged, however, it was absolutely impossible to refuse."). 490 Civil Party Application of _, E3/4762 (D22/412), ERN 00891269' Civil . of _, E3/4831 (D2211291a), ERN 00891223; Civil Party Application of E3/4807 (D2211067a), ERN 00846968; Civil Party Application of _, E3/5058 (D22/3484a), ERN 00891049; Civil Party Application of _, E3/5060 (D22/3518a), ERN 00856209; Civil Party Application of_ ., E3/5063 (D22/3531a), ERN 00858920; Civil Party Application of _, E3/4800 (D22/991a), ERN 00835937; Civil Party Application of_, E3/1657 (D22/1175), ERN 00842559; Civil Party EM Oeun, T., El!113.1, ERN 00841956 at lines 12-14,23 August 2012; Civil of_, E3/4973, ERN 00916913 £; Written Record ofInterview of Civil Party E3/5561 (D277/8), 10 September 2009, ERN 00384789; Written Record ofInterview of Civil Party E3/5591 (D296/9), 8 December 2009, ERN 00426489; Written Record of Interview of Witness E3/5271 (D1661100), 1 February 2009, ERN 00289927; Written Record of Interview of Witness E3/5177 (D125/46), 9 June 2008, ERN 00242135; Written Record of Interview of Witness E3/5254 (D166/30), 5 November 2008, ERN 00242363; A History of Democratic Kampuchea, E3/2634 (D188.31), ERN 00284191 ("Those who refused to accept the disabled men might be imprisoned, severely tortured or forced to do hard labor far from their homes."); Gender-Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421893 ("Refusal to marry could have resulted in torture, imprisonment or death."). 491 Civil Party Application of E3/4875 (D2211721a), ERN 00889674. 492 Civil Party Application of E3/5061 (D22/3519a), ERN 00891052; Civil Party Application of _ _ , E3/5066 (D22/3536a), ERN . Civil Party Application of_, E3/4677 (D22/33), ERN 00332196; Civil Party of E3/5036 (D22/3222c), ERN 00891044; Written Record of Interview of Civil (D277/5), 9 September 2009, ERN 00381009; Written Record 130 (D40/3, 13 November 2007, ERN 00223181; Written Record of Interview of Witness E3/5305 (D199118), 5 June 2009, ERN 00345228; see also The Murderous Revolution - Life and Death in Pol Pot's Kampuchea, E3/3335 (D313/1.2.5), 1998, ERN 00431015 (hereinafter "The Murderous Revolution") ("If Bun did not marry, the Khmer Rouge might think it was because he did not want family ties - and that might mean that he intended to rebel against the regime. [ ... ] Too many young men had already been arrested on no more substantial grounds than the suspicion or hostility of the cadres."). 493 Civil Party Application of_, E3/4885 (D22/1868a), ERN 00891254. 494 Oral Testimony of Civil Party YUOS Phal alias Phin, T., El!197.1, ERN 00916581 at lines 6-8, 27 May 20l3; Written Record ofInterview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455378; Written Record ofInterview of Civil Party _,E3/5559 (D277/6), 9 September 2009, ERN 00377369. 495 Civil Party Application of _, E3/4677 (D22/33), ERN 00332196' Civil Party Application of • • , E3/4771 (D22/510), ERN 00888093; Civil Party Application of E3/4807 (D2211067a), ERN 00846968; Civil Party Application of _, E3/4812 ERN 00793355; Civil Party Application of_, E3/4914 (D22/2014a), ERN 00890965;' Application of_, E3/5061 (D22/3519a), ERN 00891052; Civil of E3/5066 (D22/3536a), ERN 00890594; Civil Party of (D22/3858a), ERN 00853176; Civil Party Application of , ERN 00891045; Civil Party Application of SOU Sotheavy, E3/5729 ERN 00279718; Civil Party Application of _, E3/4792 (D22/899a), ERN 00915944; Oral Testimony of Civil Party EM El!113.1, ERN 00841958 at lines 19- 24,23 August 2012; Written Record of Interview of Civil Party E3/5558 (D277/5), 9 September 2009, ERN 00381009; Written Record ofInterview of Civil Party E3/5559 (D277/6), 9 September 2009, ERN 00377369; Written Record of Interview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12

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December 2009, ERN 00455378; Written Record of Interview of Witness _, E3/5515 (D232/62), 12 November 2009, ERN 00410250; Gender-Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421896 ("The KR soldiers came around the house of newlyweds to observe if a couple was having sexual intercourse."); I want to tell you, E3/3416, ERN 00449490 ("Chhlob would come and observe under the "honeymoone" houses arranged by the Angkar to see if the newlyweds were fighting and if they were having sex."); A Contextual Study into the Weddings and Births under the Khmer Rouge: The Ritual Revolution, E311794, 2007, ERN 00482540 (hereinafter "The Ritual Revolution") ("Nearly thirty percent [of the respondents] stated that they were under surveillance [ ... ]") .. 496 Civil Party Application of_, E3/5008 (D22/2974), ERN 00891040. 497 Written Record of Interview of Civil Party _, E3/5561 (D277/8) , 10 September 2009, ERN 00384790; Written Record ofInterview of Civil Party SOU Sotheavy, E3/4609 (D277/11), 18 December 2009, ERN 00434883. 498 Civil Party Application of 499 Civil Party Application of E3/4745 (D22/328a), ERN 00855588 (stating that "I saw them taking a couple, who had not gotten along with each other, away to be killed."); Civil Party Application of _, E3/5066 (D22/3536a), ERN 00890594 (stating that "Angkar followed both of them and found that neither got along well as promised to Angkar. Consequently, Angkar sent her to be re-educated."); Gender­ Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421896 ("The result of such a refusal [to have sex] was in most cases torture or rape."); I want to tell you, E3/3416, ERN 00449491 ("In most cases the coercion involved monitoring and reeducation but also included direct coercion such as the rape Bonavy suffered.") . 500 Civil Party Application of E3/4779 (D22/620), ERN 00891280. 501 Civil Party Application of E3/4677 (D22/33), ERN 00332196; Oral Testimony of Civil Party EM Oeun, T., El!113.1, 00841956; Written Record of Interview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455378. 502 Civil Party Application of_, E3/5008 (D22/2974), ERN 00891040; Civil Party Application of. _, E3/4779 (D22/620), ERN 00891280; Civil Party Application of _, E3/5044 (D22/3327), ERN 00891047' Civil . . of _, E3/4771 (D22/510), ERN 00888093; Civil Party Application of E3/4807 (D2211067a), ERN 00846968; Civil Party Application of _ _ , E3/4812 00793355' Civil Application of _, E3/4914 (D2212014a), ERN 00890965; of E3/5066 (D22/3536a), ERN 00890594; Civil Party Application of E3/5111 (D22/3858a), ERN 00853176; Written Record of Interview of Civil Party E3/5558 (D277/5), 9 September 2009, ERN 00381009; Written Record of Interview of Civil Party E3/5559 (D277/6), 9 September 2009, ERN 00377369. 503 The Ritual Revolution, E311794, ERN 00483536 (76 out of 192 victims offorced marriage reported that sex was prescribed.). 504 Written Record ofInterview of Civil Party SOU Sotheavy, E3/4609 (D277/11), 18 December 2009, ERN 00434883 (who is a transgender man). 505 Civil Party Application of_, E3/5008 (D22/2974), ERN 00891040; Civil Party Application of • • , E3/4771 (D22/510), ERN 00888093' Civil . of_, E3/4812 (D22/1140), ERN 00793355; Civil of E3/5079 (D22/3675a), ERN 00891063; Civil Party Application of E3/5036 (D22/3222c), ERN 00891045; Civil Party Application of _ _ , E3/4795 (D22/933a), ERN 00915946; Oral Testimony of Witness ONG Thong Hoeung, T., El!105.1, ERN 00835354 at lines 1-5,9 August 2012; Written Record ofInterview of Witness _, E3/5177 (D125/46), 9 June 2008, ERN 00242135; A History of Democratic Kampuchea, E3/2634 (D188.31), ERN 00284191 ("Once married, the couple was allowed to stay together for a few days and then went back to their work groups."); Gender-Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421895 ("[ ... ] newlyweds often spent two to three days together and then left the small hut to work in different locations."); The Murderous Revolution, E3/3335 (D313/1.2.5), ERN 00431018 ("It was usual after a couple was married for both to be sent on separate work details for two or three weeks some distance from the village, to prevent them from being together."); I want to tell you, E3/3416, ERN 00449489 ("The Khmer Rouge gave very little opportunity for relationships between married spouses to develop as couples spent only a few days together after the ceremony and after that, were only allowed to meet periodically."); I believed in the Khmer Rouge, E311713, Women as Tools/or Social Change, D188.30, ERN 00284168 ("A recently married couple was only allowed to live together for three days or one week at most before they separated."); Pol Pot - The History ofa Nightmare, E3/9, 2004, ERN 00396533 ("After a marriage had been consummated, the couple often lived apart subject to the death penalty. "). 506 Civil Party Application of E3/5111 (D22/3858a), ERN 00853176.

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of _, E3/4831 (D2211291a), ERN 00891223 (2 couples); Civil Party of E3/5031 (D22/3193a), ERN 00854257 (3 couples); Civil Party Application of E3/5036 (D22/3222c), ERN 00891044 (3 couples); Civil Party Application of_ E3/4768 (D22/503), ERN 00891273 (5 couples); Civil Party Application of_, E3/4800 (D22/991a), ERN 00835937 (5-8 couples); Civil Party Application of _, E3/5007 (D22/2972), ERN 00891038 (6 couples); Civil Party Application of _, E3/4677 (D22/33), ERN 00332196 (6 couples); Civil Party Application of _, E3/4884 (D2211868), ERN 00891260 (8 couples); Civil Party Application of_ ., E3/4875 (D2211721 a), ERN 00889673 (10 couples); Civil . of _, E3/5061 (D22/3519a), ERN 00891052 (10 couples); Civil Party of E3/4840 (D2211341a), ERN 00864849 (10-30 couples); Civil Party Application of E3/4779 (D22/620), ERN 00891279 (12 couples); Civil . of_ E3/4685 (D22/64a), ERN 00891282 (24 couples); Civil Party Application of E3/4989 (D22/2759), ERN 00891034 (20-25 couples); Civil Party Application of E3/5066 (D22/3536a), ERN 00890594 (25 couples); Civil Party Application of SOPHAN Sovany, E3/5738 (D2211241a), ERN 00851237 (30 couples); Civil Party Application of_ ., E3/5063 (D22/3531a), ERN 00858920 (30 couples); Civil Party Application of _, E3/4812 (D22/1140), ERN 00793355 (34 couples); Civil of_, E3/5021 (D22/3092a), ERN 00865174 (38 couples); Civil Party Application of E3/4867 (D2211644), ERN 00891252 (more than 30 couples); Civil Party Application of E3/5074 (D22/3634a), ERN 00891060 (40 couples); Civil Party Application of _, E3/4669 (D22116a), ERN 00853936 (60 couples); Civil Party Application of SOEUN Sovandy, E3/5745 (D22/2745a), ERN 00865121 (50-60 couples); Civil Party Application of SOU Sotheavy, E3/5729 (D22/31), ERN 00279718 (117 couples); Written Record of Interview of Civil Party _, E3/5585 (D296/3), 13 December 2009, ERN 00421056 (7 couples); Written Record of Interview of Civil Party _, E3/5559 (D277/6), 9 September 2009, ERN 00377369 (8 couples); Written Record ofInterview of Civil Party _ E3/4654 (D246116), 15 October 2009, ERN 00400469 (20- 30 couples); Written Record of Interview of Civil Party _, E3/5558 (D277/5), 9 September 2009, ERN 00381009 (24 couples); Written Record of Interview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455378 (50 couples). See also, Oral Testimony of Witness YUN Kim, T., E1!89.1, ERN 00820145 at line 2, 20 June 2012 (10 couples); Oral Testimony of Witness ONG Thong Hoeung, T. El!105.1 ERN 00835354 at lines 1-5,9 August 2012 (20 couples); Written Record ofInterview of Witness E3/47, 18 November 2009, ERN 00412153 (4 couples); Written Record of Interview of E3/368 8), 6 May 2008, ERN 00272581 (5-10 couples); Written Record of Interview of Witness E3/5498 17 August 2009, ERN 00384409 (5-10 couples); Written Record of Interview of Witness E3/5306 (D199/21), ERN 00345184 (8-9 couples); Written Record of Interview of Witness E3/5508 (D232/39), ERN 00277813 (10-20 couples); Written Record of Interview of Witness 29 2008 27 October 2009, ERN 00272719 (20 couples); Written Record of Interview of Witness E3/5564 24 November 2009, ERN 00414579 (20-50 couples); Written Record ofInterview of Witness E3/408, 10 November 2009, ERN 00404732 (32 couples); Written Record of Interview of Witness E3/5254 (D166/30), 5 November 2008, ERN 00242363 (30-40 couples); Written Record of Interview of Witness PECHUY Chipse, E3/3964 (D1251127), 10 September 2008, ERN 00225211 (40 couples); Written Record of Interview of Witness _ E3/5271 (D1661100), 1 February 2009, ERN 00289927 (53 couples); Written Record of Interview of Witness _, E3/5248 (D166/16), 7 October 2008, ERN 00235147 (52 couples), A History of Democratic Kampuchea, E3/2634 (D188.31), ERN 00284190 ("Couples were married in mass ceremonies in which there were as few as 3 to 10 couples and as many as 30 to 50, or even more than 100, at each ceremony."); Pol Pot's Little Red Book, E3/2812, ERN 00394888 (refers to collective ceremonies); The Washington Post - A Story of Terror in Cambodia, E3/3382 (D365/1.1.52), 10 May 1978, ERN 00445468 (refers to mass wedding); Pol Pot - The History ofa Nightmare, E3/9, 2004, ERN 00396533 ("To underline the social aspect, weddings were celebrated collectively for a minimum of 10 couples."). 508 See supra; and Civil . of _, E3/4779 (D22/620), ERN 00891280; Civil Party Application of E3/5036 (D22/3222c), ERN 00891045; Oral Testimony of Witness SAR Kimlomouth, T., ERN 00813723 at lines 19-22,4 June 2012; Written Record ofInterview of Witness _, E3/5251 (D166/24), 14 October 2008, ERN 00235496; A History of Democratic Kampuchea, E3/2634 (D188.31), ERN 00284191 ("Traditional clothes, dancing, singing, and religious ceremonies were prohibited."); The Murderous Revolution, E3/3335 (D313/1.2.5), ERN 00431015-00431016 ("They were then declared man and wife: no monks chanted prayers; no traditional rituals were performed."); Women as Toolsfor Social Change, D188.30, ERN 00284170 ("Unlike traditional Cambodian weddings, D[ emocratic] K[ ampuchea] weddings were not lengthy celebrations. DK weddings were fast and efficient, lasting only a few hours.").

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509 Civil Party Application of E3/4818 (D22/1181), ERN 00783123 (1973); Written Record of Interview of Civil Party (D169/3), 16 February 2009, ERN 00285572 (1974). 510 Civil Party Application of E3/5010 (D22/2976), ERN 00891042 (June 1975); Civil Party Application of _, E3/4762 (D22/412), ERN 00891269 (September 1975); Civil Party Application _, E3/4812 (D22/1140), ERN 00793355 (March/June 1976); Civil Party Application _, E3/5061 (D22/3519a), ERN 00891052 (April 1976); Civil Party Application of _, E3/4670 (D22117), ERN 00239757 (1976); Civil Party Application of_, E3/5008 (D22/2974), ERN 00891040 (1976); Civil Party Application of _, E3/4872 (D2211713), ERN 00842162 (1976); Civil Party Application of _, E3/4884 (D2211868), ERN 00891259 (1976); Civil Party Application of _ _ E3/4889 (D221193), ERN 00446586 (1976); Civil . of SOEUN Sovandy, E3/5745 (D22/2745a), ERN 00865121 (1976); Civil E3/5066 (D22/3536a), ERN 00890594 (1 Civil Application of E3/4775 (D22/530) (1976); Civil Party Application E3/5031 (D22/3193a), ERN 00854257 (10 January 1977); Civil Party

L

Civil Parties Closing Brie/to Case 002101 00948915 E295/6/2 002/19-09-2007 -ECCC/TC

of _ E3/4831 (D22/1291a), ERN 00891223; Civil Party Application of _, E3/4867 (D22/1644); Civil Party Application ofSOEUN Sovandy, E3/5745 (D22/2745a), ERN 00865121, in Svay Rieng see: Civil . . of_, E3/4812 (D22/1140), ERN 00793355; Written Record ofInterview of Civil Party E3/5539 (D246/6), 28 August 2009, ERN 0038129, in Mondulkiri see: Civil Party Application of E3/1657 (D22/1175); Civil Party Application of _, E3/4818 (D22/1181), in Kampot see: Civil Party Application of_ E3/4872 (D22/1713), ERN 008421 . Civil Party Application of _, E3/4875 (D22/1721a), ERN 00889673; Civil . of E3/4884 (E3/4884 (D22/1868)), ERN 00891259; Civil Party Application of E3/4745 (D22/328a); Civil Party Application of _, E3/5060 (D22/3518a); Civil Party Application of _ _ , E3/5066 (D22/3536a); Civil Party Application of_, E3/5074 (D22/3634a), ERN 00891060; Civil Party . of_, E3/4792 (D22/899a), ERN 00915944; Written Record ofInterview of Civil E3/5585 (D296/3), 13 December 2009, in Kampong Chhnang see: Civil Party Application of E3/4989 (D22/2759), in Battambang see: Civil Party Application of_, E3/5031 (D22/3193a), ERN 00854257; Civil Party of E3/4654 (D246/16), 15 October 2009, ERN 00400469; Written Record of Interview of E3/5590 (D296/8), 17 December 2009; Civil Party Application of E3/5036 (D22/3222c), ERN 00891044; in Sihanoukville see: Civil Party Application of E3/5061 (D22/3519a), ERN 00891052; in Kampong Speu see: Civil Party Application of _, E3/5063 (D22/3531a), ERN 00858920; in Rattanakiri see: Civil Party Application of_ ~ (D22/488a), ERN 00912429; Civil Party Application of_, E3/4794 (D22/932a), ERN 00903180; Civil Party Applicationof_, E3/4795 (D22/933a), ERN 00915946. 512 140 male Civil Parties were admitted by OCJI as direct victims offorced marriage. 513 334 female Civil Parties were admitted by OCJI as direct victims offorced marriage. 514 See also overview of victim groups in The Ritual Revolution, E3/1794, ERN 00482529 (respondents included male, female, Buddhist, Khmer, Chinese Khmer, Muslim, monks, base people, new people, soldiers, nurses,intelligentia) . 515 Civil Party Application of _, E3/4875 (D22/1721a); Civil Party Application of _, E3/5060 (D22/3518a). 516 Civil Party Application of_, E3/5061 (D22/3519a), ERN 00891052; Civil Party Application of_ ~, E3/5066 (D22/3536a) ERN 00890594. Civil Party Application of E3/4765 (D22/488a); Civil Party Application of _ E3/4973, ERN 00916913 £ 518 Civil Party Application of _, E3/4794 (D22/932a); Civil Party Application of _ E3/4795 (D22/933a), ERN 00915946; Supplementary Information Form annexed to Civil Party Application of _, E3/4765, ERN: 00912429, (Stating that: I, ROCHAM Niik, was worried that such a marriage would befall some of my family members because I noticed it was a forced marriage with people banned from choosing the persons they love and their unaware of it"). 519 Civil Party Application of E3/4670 (D22/17), ERN 00239757 (worked at S-81). 520 Civil Party Application of E3/5008 (D22/2974), ERN 00891040 (was forced to marry a militiaman). 521 Civil Party Application of _, E3/4872 (D22/1713), ERN 00842162 (was forced to marry a transporter of goods). 522 Civil Party Application of _, E3/4884 (D22/1868), ERN 00891259 (a leader of a mobile unit who was forcibly married to a soldier). 523 Civil Party Application of _, E3/4812 (D22/1140), ERN 00793355; Civil Party Application of _, E3/4884 (D22/1868), ERN 00891259; Written Record of Interview of Witness AFFON . E3/3976 (D199/15), 3 June 2009, ERN 00346935; Written Record ofInterview of Witness E3/5564 (D278/5), 24 November 2009, ERN 00414579; Written Record ofInterview of Witness E3/368 (D125/18), 6 May 2008, ERN 00272581; Prisoner of the Khmer Rouge, E3/2419, 1993, ERN 00293636 ("[ ... ] some weeks after the victory, handicapped soldiers had the right to take for wife any woman selected by the Party."); Norodom Sihanouk - Prisoner of the Khmer Rouge, E3/2813, 1986, ERN 00632939 ("Young girls chased from Phnom Penh and other towns I n April 1975 forced into unions with the "Khmer Rouge heros [ ... ]"); Submission of International Commission of Jurists to UN Economic and Social Council, E3/1804 (IS 2.2), ERN 0087527, 16 August 1978 ("Although there have been cases where young women from towns have been obliged to marry disabled ex-servicemen, this is not a general practice."). 524 Written Record ofInterview of Civil Party _,E3/5561 (D277/8), 10 September 2009. 525 Civil Party Application of SOU Sotheavy, E3/5729 (D22/31), ERN 00279718 (was forcibly marriedto a female work group leader of 17th April people).

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526 Written Record of Interview of Civil Party _, E3/5559 (D277/6), 9 September 2009; Written Record of Interview of Civil Party _, E3/5589 (D296/7), 15 December 2009; Written Record of Interview of Civil Party _,E3/5591 (D296/9), 8 December 2009. 527 Written Record ofInterview of Civil Party _, E3/5558 (D277/5), 9 September 2009. 528 Oral Testimony of Civil Party EM Oeun, T., El!113.1, ERN 00841956 at lines 4-25, 23 August 2012. 529 Civil Party Application ofYUOS Phal alias Phin, E3/46 11 (D296/2), 12 December 2009. 530 Civil Party Application of E3/4807 (D2211067a), ERN 00846968; Written Record of Interview of Civil Party (D296/8), 17 December 2009. 531 Civil Party Application of E3/4872 (D2211713), ERN 00842162 (widow who was forced to marry peasant). 532 Civil Party Application of _, E311657 (D22/1175); Civil Party Application of _, E3/4872 (D2211713), ERN 00842162. 533 Written Record ofInterview of Civil Party _, E3/5585 (D296/3), 13 December 2009; Written Record of Interview of_ E3/4654 15 October 2009, ERN 00400469. 534 Civil Party Application of E3/5036 (D22/3222c), ERN 00891044. 535 Civil Party Application of E3/4677 (D22/33); Written Record of Interview of Civil Party _ "E3/5539 (D246/6), 28 August 2009, ERN 00380129. Written Record of Interview of Civil E3/5585 (D296/3), 13 December 2009, ERN 00421057; see also Civil Party Application of E3/4775 (D22/530), ERN 00888094. 537 Closing Order, para. 156. 538 Civil of _, E3/5119 (D22/3894), ERN 00888092; Civil Party Application of E3/4775 (D22/530), ERN 00888094; Civil Party Application of _, E3/5009 (D22/2975), ERN 00887718; Civil Party Application of _, E3/4812 (D22/1140), ERN 00793356; The Ritual Revolution, E311794, ERN 00482536 (showing a 67% pregnancy rate out of 104 women, primarily in 1978-1979). 539 Written Record of Interview of Civil Party _, E3/5558 (D277/5), 9 September 2009, ERN 00381010. 540 The Ritual Revolution, E311794, ERN 00482536 (stating that 11 % of the 104 pregnancies were death births). 541 Civil . . of _, E3/5119 (D22/3894), ERN 00888092; Civil Party Application of E3/4775 (D22/530), ERN 00888094; Civil Party Application of _, E3/5009 (D22/2975), ERN 00887718; Civil Party of_ E3/4812 (D22/1140), ERN 00793356; Written Record ofInterview of Civil E3/5558 (D277/5), 9 September 2009, ERN 00381010. 542 Civil Party Application of 775 (D22/530), ERN 00888094. 543 Civil Party Application of 2 (D22/1140), ERN 00793356. 544 Civil Party Application of E3/4807 (D2211067a), ERN 00846968; see also Civil Party Application of SOU Sotheavy, E3/5729 (D22/31), ERN 00279718 (stating that "At this time everybody was uPsset about the forced Some were crying, I was very worried, thus I got a severe headache."). 5 5 Civil Party Application of E3/5008 (D22/2974), ERN 00891040. 546 Civil Party Application of E3/4794 (D22/932a), ERN 00903180. 547 Oral Testimony of Civil Party YUOS Phal alias Phin, T., El!197.1, ERN 00916581 at lines 4-18, 27 May 2013. 548 Civil Party Application of E3/4795 (D22/933a), ERN 00915946. 549 Civil Party Application of E3/5036 (D22/3222c), ERN 00891045. 550 Oral Testimony of Civil Party EM Oeun, T., El!113.1, ERN 00841959 at lines 6-8, 23 August 2012; see also Report Number 331: To beloved, respected and missed Angkar, E311094, 1978, ERN 00413623 (Monthly report to Angkar which relates the suicide of a man after Angkar had arranged a marriage for him.). 551 Closing Order, para. 157. 552 Civil Party Application of _, E3/4868 (D2211651a), ERN 00903220 (refers to village chiefs, unit chiefs, and commune chief); Written Record of Interview of Civil Party _, E3/5585 (D296/3), ERN 00421056 (refers to Khmer Rouge in general); Written Record ofInterview of Civil Party _,E3/5590 (D296/8), 17 December 2009, ERN 00426480 (refers to heads of villages, heads of cooperatives, heads of units and district committees.); Oral Testimony of Witness NOEM Sem, T., El!126.1, ERN 00849615 at lines 18-19 (refers to "Angkar", meaning leadership); Written Record of Interview of Witness _, E3/408, 10 November 2009, ERN 00404732 (stating that "The district committee organized the wedding [.. ]"); Written Record ofInterview of_, E3/409, 11 November 2009, ERN 00412185 (who organized weddings as Deputy Chief of the Zone Youth Handicap Office and upon request by the District Committee); Report Number 331: To beloved, respected and missed Angkar, E311094, 1978, ERN 00143630 (reports to Angkar on 42 couples arranged for marriage); The Washington Post - A Story of Terror in Cambodia, E3/3382 (D365/1.1.52), ERN

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00445468, 10 May 1978 ("Highlight of the ceremony was an ominous speech by a Khmer Rouge commissar."); The Murderous Revolution, E3/3335(D313/1.2.5), ERN 00431015 ("One of the village officials, a man named Soun, opened proceedings [of the wedding] with a political speech about socialism in the new Kampuchea."); Gender-Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421892 ("No marriage was carried out without an instruction from Angkar."); The Lost Executioner, E3/2817 (D222/1.4), 2005, ERN 00370080 (Stating that in S-2l "[ ... ] all marriages were arranged by the Organization."). 553 Civil Party Application of _, E3/4884 (D22/1868), ERN 00891260; Pol Pot's Little Red Book, E3/2812, ERN 00394888 ("Marriage was replaced by austere, collective, civil ceremonies, conducted under the auspices of the local Angkar.' 554 Civil Party Application of E3/4795 (D22/933a), ERN 00915946. 555 Civil Party Application of 4685 (D22/64a), ERN 00891282. 556 Civil Party Application of E3/5036 (D22/3222c), ERN 00891044. 557 Civil Party Application of E3/4768 (D22/503), ERN 00891273. 558 Civil Party Application of E3/5008 (D22/2974), ERN 00891040. 559 Civil Party Application of E3/4779 (D22/620), ERN 00891279; Civil Party Application of SOPHAN Sovany, E3/5738 (D22/1241a), ERN 00851237, Civil Party Application of CHAN Socheat alias Sopheap, E3/5111 (D22/3858a), ERN 00853176; Written Record of Interview of _, E3/5561 (D277/8), 10 September 2009, ERN 00384789; Written Record of Interview of~296/7), 15 December 2009, ERN 00421079; Written Record of Interview of SOU Sotheavy, E3/4609 (D277/11), 18 December 2009, ERN 00434883' 560 Civil Party Application of E3/4669 (D22/16a), ERN 00853936. 561 Civil Party Application of E3/4765 (D22/488a), ERN 00912429. 562 Written Record of E3/5561 (D277/8), 10 September 2009, ERN 00384789; Written Record ofInterview of E3/5589 (D29617), ERN 00421079. 563 Written Record of Interview of YOUS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455378. 564 Civil Party Application of 565 Civil Party Application of E3/4745 (D22/328a), ERN 00855588, see also: Civil Party Application of _, E3/4989 (D22/2759), ERN 00891034 (stating that "The marriage policy was declared by the Khmer Rouge and they also made the decision on pairing those couples."); Written Record of Interview of _, E3/5510 (D232/47), 27 October 2009, ERN 00411492 (stating that "The decision to couple any youth was made by the chief"); Written Record of Interview of _, E3/5184 (D125/53), 17 June 2008, ERN 00225528 (stating that "During that regime, it was the chief of unit who arranged and made choices of bride/groom for us whether or not we love each other."); Written Record of Interview of SUM Alaat, E3/4637 (D125/48), 10 June 2008, ERN 00242124 (stating that "It was the Angkar who decided and selected bride/groom."); Written Record of Interview of _, E3/5305 (D199/18), 5 June 2009, ERN 00345228 ("stating that [ ... ] it was the officials, the chiefs who took this type of decision. We were not allowed to choose the person we wanted to marry."); Women as Tools/or Social Change, D188.30, ERN 00284168 ("In the end, when and who was forced to marry depended purely on the whim and fancy of the regime [ ... ]"). 566 Civil Party Application of_ E3/4768 (D22/503), ERN 00891273; see also: Civil Party Application of _, E3/5008 (D22/2974), ERN 00891040; Civil Party Application of _, E3/4779 (D22/620), ERN 00891279; Civil Party Application of_, E3/4669 (D22/16a), ERN 00853936; Civil Party Application CHAN Socheat alias Sopheap, E3/5111 (D22/3858a), ERN 00853176; Written Record of Interview of Civil Party _, E3/5589 (D29617), 15 December 2009, ERN 00421079; Written Record of Interview of Civil Party YUOS Phal alias Phin, E3/4611 (D296/2), 12 December 2009, ERN 00455379; Written Record of Interview of Witness E3/5212 (D125/118), 27 August 2008, ERN 00275426; Written Record of Interview of Witness E3/47, 18 November 2009, ERN 004l2l53;Gender-Based Violence During the Khmer Rouge Regime, E3/2959, ERN 00421892 ("Marriage was not an individual matter, but was regarded as an important ceremony to make an oath to Angkar."); The Murderous Revolution, E3/3335 (D313/1.2.5), ERN 00431015 ("Together the sixty couples pledged themselves to Angkar, and promised to perform any duty demanded of them."). 567 The same conclusion is drawn in I want to tell you, E3/3416, ERN 00449489 ("The consistency of the description of the ceremonies across geographical areas indicates a top level policy offorced marriage."). 568 Civil Party Application of_, E3/5692 (E9/32.2.14), ERN 00891888, see also: Diplomatic Cable .trom Bangkok Embassy to Washington, E3/3006, 1975, ERN 00495569 (listing rigid control of marriage as a tactics of the Khmer Rouge regime to change society); Behind the Killing Fields, E3/4202 (E152.2), ERN 00757496 (which quotes Nuon Chea as saying "The man always wants to choose a beautiful girl, so that's why we forced them to get married and Angkar chose the wife."); Norodom Sihanouk - Prisoner of the Khmer Rouge,

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E3/2813, ERN 00632939 (which describes a dialogue between Norodom Sihanouk and Khieu Samphan on the issue of forced marriages). 569 See Part II. B: Policy on Forced Transfers, supra . 570 Written Record ofInterview of Civil Party _ D2l7/3, ERN 00353700-00353701. See also [add additional references]. 571 Oral Testimony of Civil Party, Denise Affonc;o, El!lS2.1, ERN 00871226 (stating "Every day you saw crowds of people who had been evacuated from neighboring villages trooping into town. [ ... ] these people were refugees coming into the capital."). Written Record of Interview of Civil Party _ E3/46S7, ERN 00353701. 572 Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868128-00868129 (noting "Prior to 1975, [ ... ] we had noted some new faces, in particular evacuees who came to Phnom Penh."); Oral Testimony of TOENG Sokha, El!147.1, ERN 00868388 (recalling "I [had] some relatives fleeing from Tuol Kork and Tuek Thla and they came to my house to take refuges."); Civil Party Application of_, E3/4774, ERN 00850912 (noting "Before 1975, my family lived in Kandal Province. However, in wartime during the LON Nol regime, we moved to Phnom Penh city."); Oral Testimony of Stephen REDER, E1!222.1, ERN EN 00938302 at lines 22-24 (noting, as a resident of Phnom Penh at the time, "there were a lot of people who'd come in from the countryside, who were in Phnom Penh."); Oral Testimony of Stephen REDER, E1!223.1, 15 July 2013, ERN 00940811 ("I had some general accounts of the way things were organized in broad terms, and there were certainly some talk of difficulties with rice production following the beginnings or more than the beginnings of cooperativization, some talk of executions."). 573 Oral Testimony ofYIM Sovann, El.!13S.1, ERN 00855692, 19 October 20l3.Oral testimony of Denise AFFONCO, El!lS2.1, 12 December 2012, ERN 00871224-00871226; See also Civil Party Application of _ _ , E3/4774, ERN 00850912 ("Before 1975, my family lived in Kandal Province. However, in wartime during the LON Nol regime, we moved to Phnom Penh city."). 574 Oral testimony of Denise AFFONCO, El!lS3.1, 13 December 2012, ERN 00871944 (All I know and all I was able to see at the time was that every day crowds of refugees arrived in Phnom Penh, and in the city then there were about 2 million inhabitants."). 575 Oral Testimony of Stephen REDER, E1I220.1, 09 July 2013, ERN EN 00937459 at lines 11-16 (alleging "("Food shortages were the primary concern to be addressed very urgently. At that time, Cambodia did not receive any aid or assistance from foreign countries. In light of these dire circumstances, people were required to take part in rice production by themselves to support their livelihood and build the country."). 576 Oral testimony of Civil Party,Denise Affonc;o,TCCP-1 ,AFFONCO, ElIlS2.1, ERN 00871224 ("Life and living conditions became increasingly difficult. People lived in fear"); Oral testimony of PIN Yathay, T. ElI170.1, 7 February 2013, ERN 00888734 ("However, when the war advanced toward the City of Phnom Penh, the food became scarce"). 5770ral testimony of Civil Party, LAY Bony, T., ElI137.1, 23 October 2012, ERN 00857060. 5780ral testimony of Phillip SHORT, T., ElI189.1, 6 May 2013 ERN 00909352 at lines 8-10 (also noting "("leav[ing] aside the possibility that they could have asked for food to be sent in, for rice to be sent in from elsewhere.") . 5790ral testimony of OR Ry, T., ElI14S.1, 22 November 2012, ERN 00865750 ("At Borei Keila, at that time, I was working at a surgical centre; there were five surgical sections that were meant to receive wounded people.") 58°Oral testimony of Civil Party, MEAS Saran, T., ElI144.1, November 2011, ERN 00863467. 5810ral Testimony ofPECH Srey Phal, T., ElI148.1, 5 December 2012, ERN 00868131 ("And by the time we reached the road, we heard people say that Phnom Penh was now liberated and we would be now in peace"); Oral testimony ofPINYathay, T. ElI170.1, 7 February 2013, ERN 00888664 ("there would be a newly reformed regime, and we hoped that peace would be brought to us and we would live happily."). 582 Oral Testimony of TOENG Sokha, ElI147.1, ERN 00868389,4 December 2012 (confirming "It was on 17 April when our family was evacuated."); Oral testimony of Civil Party, LAY Bony, T., ElI137.1, 23 October 2012, ERN 00857061-00857062 ("On the 17 of April, the Khmer rouge solider[s] came to Phnom Penh and they order[ed] that we have to leave our house immediately."); Oral Testimony ofMEAS Saran, ElI14S.1, 22 November 2012, ERN 00865752 ("ON the morning of 17 April when we were told that we had to leave."). 583 Oral Testimony ofSAUT Toeung, T., E1I63.1, 18 April 2012, ERN 00801899 ("When I was in Phnom Penh, I noted that Phnom Penh was empty already; there were no people on the streets. [ ... ] Phnom Penh was occupied

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by the military, no other people."); Written Record ofInterview of Civil Party _ ??? ?????, E3/5540, ERN 00384417 (The evacuation lasted three days, and after that the city was empty.); Civil party application of _,E3/4734, ERN 00865178 ("when the Khmer Rouge entered Phnom Penh, they ordered the evacuation of the whole population from their homes to rural areas"). 5840ral Testimony of Stephen HEDER, E1!220.1, 9 July 2013, ERN 00937458 at lines 11-15 ("I already testified that after the liberation day of the 17th of April 1975, all city-dwellers were evacuated."). 585 Oral Testimony of Phillip SHORT, El!I89.1, 00909341, 6 May 2013 ("If one estimates roughly, ifthere were 3 million people in Phnom Penh, in the spring of '75, something like 600,000 were real city dwellers. The remainder had come in from the countryside."); and Oral Testimony of David CHANDLER, E1!94.1, ERN 00829849,23 July 2012 ("All we know for sure-and it isn't really for sure either-is that the size of Phnom Penh in April '75 has been estimated between two and two and a half million people."). 5860ral testimony of PIN Yathay, T. El!I70.1, 7 February 2013, ERN 00888657 ("September 1975 [... J We travelled on the truck, crossing Phnom Penh, and we noticed that the city was empty"). 587 See e.g. Civil Party Application of_, E3/4838, ERN 00893366 continued my journey farther and spent a month arriving in Takeo Province."); Civil Party Application of E3/5056, ERN 00842214 ("I had to travel around half a month to arrive."); Civil Party Application of E3/4753, ERN 00864543 (noting "It took me around half a month to arrive in Battambang province."); Civil Party Application of_, E3/4653, ERN 00864058 ("It took us about one month to arrive at our destination [in Kampong Cham Province ]."); Written Record ofInterview of Civil Party _ D296/8, ERN 00426476 (stating that "I walked to the west side of Po chentong toward Takeo province [ ... J I walked for half a month before reaching Chek village in Takeo province"); and Civil party application of_09-VU-02l68, E3/5020, ERN 00893426 ("We were on foot for about 1 month to reach our hometown."). 588 Civil Party Petition of_, E3/4664, ERN 00156847. 589 Civil Party Application of_, E3/4653, ERN 00864058 ("My family members walked for seven days to arrive at Kbal Thnal roundabout"). 590 Oral testimony of MOM Sam Oeurn, T., El!I41.1, 6 November 2012 ERN 00859810, ("I said that I could not see anything if the glasses were removed, but the soldiers did not listen; they forced me to leave city immediately"); Oral testimony of Denise AFFONCO, El!I52.1, 12 December 2012, ERN 00871228 ("It was only the next day that they actually ordered us to leave our homes."). See also Civil Party Application of_ ., E3/5004, ERN 00871742 ("The people in the city moved chaotically about in order to look for their relatives. The Khmer Rouge spoke on microphones to order the people to leave the city within one day."); Civil Party Application of_, E3/4837, ERN 00891225 ("Being threatened by military force, my family left Phnom Penh. The road was very crowded."); Oral testimony of CHUM Sokha, T., El!136. 1, 22 October 2012, ERN 00856672 ("Then we were instructed that we should proceed to the pagoda itself so that rice would be distributed by Angkar, but we needed to register our names and occupations before the rice could be distributed. And for those people who used to work in Phnom Penh, they would be allowed to return later to work again in Phnom Penh."); and Civil Party Application of_, E3/4697, ERN 00402948 ("The Khmer Rouge announced on the radio that the people had to leave their houses for a while so that Angkar would sweep-clean the enemy. After that, they would be allowed to come back.") 591 Oral Testimony of CHUM Sokha, T., El!136.1, 22 October 2012, ERN 00856669. 592 Oral Testimony ofMEAS Saran, El!I44.1, ERN 00863484 ("So the three day period had passed and I still had hope that I would be allowed to return to Phnom Penh."); See Oral Testimony of TOENG Sokha, T., El!I47.1, ERN 00868390-00868391,4 December 2012 ("They instructed us to leave for three days and there was no need for us to bring any belongings."). 593 Oral testimony ofNOU Hoan, El!I99.1, 30 May 2013, ERN 00856672. 594 Civil Party Application of_, E3/4653, ERN 00864058 ("They were guarding to prevent people from fleeing back into the city."); Oral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00857071 ("At that time, once we left, there were military checkpoints and we were told that we could not proceed further and that we should enter the village and not to wander around.") 5950ral Testimony ofPECH Srey Phal, T., El!I48.1, 5 December 2012, ERN 00868137 ("I saw three people walking from the opposite direction. They said they were returning to the capital because they did not bring along with them their money or their children so they asked that they be allowed to return to Phnom Penh to bring these family members. But they were stopped by the Khmer Rouge soldiers, who did not allow them to come back. And they were even threatened; they were told that, "if you step the line, then you would" -- they would be killed."); See also Civil Party Application of_, E3/4734, ERN: 00865178 ("In April 1975

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(after the Khmer New Year's celebration period), when the Khmer Rouge entered Phnom Penh, they ordered the evacuation of the whole population from their homes to rural areas"). 596Civil Party Petition of_, E3/4664, ERN 00156847. 5970ral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00857066 ("we saw dead bodies along the road and we asked what happened to them and we were told that those people wanted to return back.") 598 Oral Testimony of KIM Vanndy, T., El!148.1, 5 December 2012 ERN 00868201 ("we heard that people in the city had to leave the capital city because the Americans would drop bombs on us very soon. That's what we heard."); Oral testimony of Denise Affonc;o, El!152.1, 12 Dec 2012, ERN 00871260 ("The excuse for us leaving our homes was definitely U.S. bombing"); Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 2013, ERN 00917668 ("On that day 1 heard the announcement broadcast on the mobile loud speaker that we all had to leave our house because it was imminent that the Americans would drop bombs."); Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013, ERN 00888669 ("we had to leave the city as soon as possible because Angkar needed to clean up the city, and also it is important for every one of us safety, because they said they heard the Americans might drop bombs."); Oral testimony of MEAS Saran, T., El!144.1, 14 November 2012 ERN 00863474 ("He shouted that we had to leave the hospital immediately because the Americans were about to bombard the area"); Oral testimony of CHAU Ny, T., El!146.1 23 November 2012, Oral testimony of MOM Sam Oeurn, T., El!141.1, 6 November 2012, ERN 00859810 ("they forced me to leave city immediately, otherwise, they said, we would be bombed at by the Americans"); Oral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00857061 ("we have to leave our house immediately and they order us to leave on the pretext that the Americans would bomb the city so they wanted to"); and Civil Party Application of _ _ , E3/4774, ERN 00850912 ("After the LON Nol regime was defeated, the Khmer Rouge came to evacuate people from their houses out of the city, telling them that the Americans would drop bombs."); Civil party application of_08-VU-00649, E3/4839, ERN 00893370 ("pointed their guns at people telling them to leave the city as soon as possible without bringing any property to avoid difficulties because imperialist American was going to bomb the city soon"); Civil Party Petition of E3/4668, ERN 00238410 ("My family and 1 were told that the evacuation was necessary because Americans were about to bomb the city."). 599 Written Record ofInterview of Civil Party _,E3/5238, ERN 00270670 ("They told us it was going to be temporary evacuation because of expected American bombings. It was an evacuation for our own safety and three days turned into weeks, months"). 600 Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013, ERN 00888669 ("that we had to leave the city as soon as possible because Angkar needed to clean up the city"); Oral testimony ofTHOUCH Phandarasar, El!198.1, 29 May 2013, ERN 00917216 ("You will only leave for three days because the government is trying to clean-up the city"); See also, Civil Party Application of_, E3/4837, ERN 00891225 ("announcing on loudspeakers and saying in person that had to . the city, so Angkar needed people to leave for three days."); Civil Party Application of E3/5057, ERN 00856522 ("Khmer Rouge soldiers told us that we left only three days in order for to organize the city."); Civil Party Application of _, E3/5004, ERN 00871742 ("[The Khmer Rouge] said, 'Angkar wants you to leave your home for only three days, so do not take too much luggage with you. You will be allowed to get back home after the city is managed."); Written Record ofInterview of Civil Party E3/4654, ERN 00400464 ("They would clean the . first and in next three days, people retum. Written Record ofInterview of Civil Party E3/5540, ("I told people to leave Phnom Penh for a week in order to clean the city; 1 told retum."). 601 Oral Testimony of KIM Vanndy, T., El!148.1, 5 December 2012 ERN 00868201 ("we heard that people in the city had to leave the capital city because the Americans would drop bombs on us very soon. That's what we heard."); Oral testimony of Denise AFFONCO, T., El!152.1, 12 December 2012, ERN 00871228 ("Don't take too much, you're going to be leaving your homes for two or three days, you will be coming back; we want to take you out of range of U.S. bombs"); Oral testimony ofPINYathay, T., El!170.1, 7 February 2013, ERN 00888669 ( "that we had to leave the city as soon as possible because Angkar needed to clean up the city, and also it is important for every one of us safety, because they said they heard the Americans might drop bombs"); Oral testimony ofMEAS Saran, T., El!144.1, 14 November 2011, ERN 00863480 ("We were told to leave Phnom Penh because of the imminent bombardment by the Americans"); Oral testimony of MOM Sam Oeurn, T., El!141.1, 6 November 2012, ERN 00859810 ("they forced me to leave city immediately, otherwise, they said, we would be bombed at by the Americans."); Civil Party Application of_, E3/4774, ERN 00850912 ("After the LON Nol regime was defeated, the Khmer Rouge came to evacuate people from their houses out of the city, telling them that the Americans would drop bombs."). Civil Party Application of_, E3/5004, ERN 00871742 ("[The Khmer Rouge] said, 'Angkar wants you to leave your home for only three days, so do not

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take too much luggage with you. You will be allowed to get back home after the city is managed."); See also Oral testimony of OR Ry, T., El!I4S.1, 22 Nov 2012, ERN 00865830 ("There was an announcement on the mobile loudspeaker announcing that the - the Phnom Penh residents had to leave because they prepared to clean the city."); Civil party application of E3/4697, ERN 00402948 ("The Khmer Rouge announced on the radio that the people had to leave their houses for a while so that Angkar would sweep-clean the enemy. After that, they would be allowed to come back."); Civil party application of_ E3/4714, ERN 00434305 ("We were told that we were required by Angkar to leave Phnom Penh for 7 days to clean the capital and completely eradicate the enemy burrowing from inside."); Civil party application of _ _ 09-VU-04295, E3/S077, ERN 00858023 ("claiming that the city was going to be cleansed of pro­ American enemies who were hiding there"). 602 Oral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00857061-00857062 603 See e.g. Oral Testimony of Stephen REDER, E1!220.1, 9 July 20l3, ERN 00937458 at lines 16-19 ("First, it was fear of American bombardment as that Americans would drop bombs on cities after Lon Nol's government was defunct. This made the first justification for leadership believe that the need to evacuate aerial bombardments would be carried out again onto the cities, especially the City of Phnom Penh"). 604 Oral Testimony of Stephen REDER, E1!222.1, ERN 00938900 at lines 1-8; and Oral Testimony of Phillip SHORT, T., El!I89.1, ERN 00909345 at lines 5-7 ("The explanation [of American bombing] was knowingly false. There was never any possibility of bombing. But not only that, the Khmer Rouge knew there was no possibility of bombing."). 6050ral Testimony of BAY Sophany, T., E1!200.1, 4 Jun. 2013, ERN 00918598. See also Oral Testimony of LAY Bony, T., El!138.1, ERN 00857256-00857258 ("we were told that we would leave for only three days, or the longest, 7 days, and that we did not have to bring much belongings. [ ... ] of course, we were afraid of the bombardments, so we also tried to rush ourselves to leave the city."). 606 Civil Party Application of_, E3/4734, 4 April 2010, ERN 00865178. 607 Oral Testimony of Phillip SHORT, T., El!I90.1, 7 July 2013, ERN 00920079. 608 Oral testimony of Civil Party, MEAS Saran, T., El!I44.1, 14 November 2011, ERN 00863470 (stating that "And I actually saw one of the Khmer Rouge soldiers went into the Borei Keila premise. He was dressed in black and he also had black slipper, as well, and he wear the Maoist cap and he was carrying gun as well"); Civil party application of_, E3/4742, ERN: 00864488 ("On 17 April 1975, the black-clothed Khmer Rouge evacuated me and my family"); Annex4:Description by Mrs MOM Sam Oeum of the alleged criminal acts, E3/3963 , ERN 00242248 ("the stony faced Khmer Rouge soldiers with black-colored clothes and Kramars (scarves) on their heads, were heard moving on the street."); Civil party application of _ 09-VU- 01962, E3/S004, 00871742 ("There were Khmer Rouge soldiers along the way. They were wearing black with the ends of their trousers rolled up, and each of them was carrying an AK rifle."). 609 See also Civil Party Application of _, E3/46S6, ERN 00893383 (''The Khmer Rouge spies in black outfits evacuated citizens from their homes ..."); Civil Party Application of _, E3/S004, ERN 00871742 ("There were Khmer Rouge soldiers along the way. They were wearing black with the ends of their trousers rolled up, and each of them was carrying an AK rifle. "). 610 Oral Testimony of OR Ry,T., El!I4S.1, ERN 00865830. 611 Civil party application of_ E3/4688, ERN 00446581 ("They ordered us to take National Road number one and those who resisted would be shot death."); Civil party application of_ 09-VU-00107, E3/4824, ("Tens of thousands of people were forced out and threatened at gunpoint to leave their houses"); Supplementary information of civil party applicant/Document d'information supplementaire de partie civile, E3/4849, ERN 00853125 ("Khmer Rouge soldiers walked through each house, pointed their rifles at us and told us we had to leave our houses for a few days to give Angkar time to work."); Civil party application of. _ 08-VU-01266, E3/4703, ERN 00417844 ("At that time, there was a family who refused to leave as they did not want to leave their belongings. In a sudden, the Khmer Rouge soldiers killed them"); Civil party application of_08- VU-023 15, E311748, ERN 00890587 ("the soldiers came to my house again and threatened us with strong words."). 612 Oral testimony of Civil Party SOU Sotheavy, T., El!I97.1, ERN 009l650lat lines 6-9. See also Civil Party Application ofSoung Khet, E3/4734, ERN 00865178 ("I fought to move forward following the Khmer Rouge's orders."). 613 Oral testimony of OR Ry, T., El!I4S.1, 22 Nov 2012, ERN 00865831; Oral testimony of MOM Sam Oeum, T., El!I41.1, 6 November 2012 ERN 00859811 ("then I was pointed the gun at and forced to leave the home."); and Oral Testimony ofPECH Srey Phal, T., El!I48.1, 5 December 2012, ERN 00868132 ("But then the soldier

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told us that we had to leave in the day because, if they came back and then we still stayed at the same place, we would be in big trouble. And finally we were pushed to leave through Stueng Mean Chey location -- or direction, and I couldn't go anywhere."); Oral testimony of MOM Sam Oeurn, T., El!141.1, 6 November 2012 ERN 00859811 ("then I was pointed the gun at and forced to leave the home."); Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868132 ("But then the soldier told us that we had to leave in the day because, if they came back and then we still stayed at the same place, we would be in big trouble. And finally we were pushed to leave through Stueng Mean Chey location -- or direction, and I couldn't go anywhere."). 6140ral Testimony of Civil Party,YIM Roumdoul, El!199.1, 30105/2013, ERN 009 177lO;SOPHAN Sovany, El!199.1, 3010512013, ERN 00917677. See also Written Record ofInterview of Civil Party _ E3/46S4, ERN 0040063-00400464 ("I saw those Khmer Rouge soldiers shot a few people dead. Those people were likely the house owners who refused leaving their houses. I saw that event Personally."); Civil Party Application of _,E3/4687, ERN 00375736 ("3 days later, when we learnt that one family did not leave home and Khmer Rouge"); Civil Party Application of_, E3/4774, ERN 00850912 ("While they were telling the people to leave their houses, some people refused to leave, causing the Khmer Rouge to point guns at them and shoot some of them dead"). 6150ral Testimony of Civil Party, SOU Sotheavy, El!197.1 ERN 00916504 on 27 May 2013. 6160ral Testimony of BAY Sophany, T., E1!200.1, 4 Jun. 2013, ERN 00918599 ("I did not know where I should head to, everybody was so confused. So, I just kept going along with the rest, along the side streets reaching the main streets."). 617 See Civil Party Application of_, E3/4837, ERN: 00891225 ("the roads were very croweded. [ ... ] I fought to move forward."); Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868135 ("During the course of my trip, I saw a lot of people on the road."); See also Civil Party Application of Soung Khet, E3/4734, ERN: 00865178 ("The streets were very crowded, full of people, young and old."); See also Oral testimony ofNOU Hoan, El!199.1, ERN 00917630 ("There was a huge crowd of people en route and it was in the middle of the dry season and the weather was very hot."). 618 Civil Party Application of_, E3/4838, ERN 00893366. 619 Civil Party Application of_, E3/4821, ERN 00916829. 620 Civil Party Application of_, E3/S004, ERN 00871742. 6210ral Testimony of PECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868132 ("Finally we were forced to leave via Stueng Mean Chey direction. For example, ifI would like to meet my father, I had to go in. If I want to meet my husband, I had to go to Calmette. If! wanted to meet my sibling, I had to go Tuol Kork [ ... ] decided to meet my sibling first. .. rode a bicycle on Tuol Kork road. There were soldiers patrolling in that area. They did not let me cross [ ... ] we were not allowed to cross."). 622 Oral Testimony of LAY Bony, T., El!138.1, ERN 00857242 and 00857262. 623 Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00866959. 624 Oral testimony of Civil Party HUO Chantha, T., El!198.1, ERN 00917284 at lines 1-4 ("Some people had the drip on their hand and some women who just delivered their babies were forced to walk under the open eye - open sky and the rains. Some disabled people, old and young people, they were exhausted."). 625 Oral Testimony ofYIM Sovann, E13S.1, 19 Oct. 2012, ERN 00855707. 626 Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868136 ("And the children of the sick and elderly people asked the Khmer Rouge soldiers if they allowed them to stay behind to look after their elderly family members. At that time, the Khmer Rouge soldiers responded that those who could walk, walk; those who could not walk could be assisted."). 627 Oral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00856998 {"There were a mixture of old people, of children, and other people."). 628 Civil Party Application of _,E3/4683, ERN 00353812. 629 Oral Testimony ofMEAS Saran, T., El!144.1, 12 Nov. 2012, ERN 00863475 ("Those people who were at hospital push out the hospital beds with the patients still on -- on the bed and they were pushed outside. However, they were not all of them I saw some while I walked out."); and Oral testimony of OR Ry, T., El!14S.1, 22 November 2012 ERN 00865757 at lines 102 (stating that "There was no Khmer Rouge coming to give any assistance [to the remaining hospital patients] on that day."). 630Civil Party Petition of_, E3/4671, ERN 00239761 ("[I] I was pregnant [ ... ]On 18 April 1975, one day after the Khmer Rouge captured Phnom Penh, my family members were forced to leave the capital for the countryside. We Walked to the south of Phnom Penh. After many days of the slow procession, we reached Setbau village, Setbau sub-district, S' ang district, Kandal province, section 20."): Civil Party Application of

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_,E3/4707, ERN: 00417897 ("The Khmer Rouge soldiers pointed their guns at my family members, 10 of us: my parents in law, my pregnant wife, my child and 4 younger brothers/sisters in-law. We were forced to leave our home immediately [ ... ]We were forced by the Khmer Rouge soldiers to travel along Khbal ThnaL"); See also Civil Party Application of_, E3/4838, ERN 00893365, ("Some people were carrying luggage while some were carrying their small children"); See also Oral Testimony ofMEAS Saran, T., El!144.1, 12 Nov. 2012, ERN 00863475 ("I had to go and meet my wife who is eight months pregnant"). 6310ral testimony of Civil Party, LAY Bony, T., El!137.1, 23 October 2012, ERN 00857062. 6320ral Testimony ofMEAS Saran, T., El!144.1, 24 Nov. 2012, ERN 00863473 at lines 10-12. 633 Oral Testimony ofMEAS Saran, T., El!144.1, 12 Nov. 2012, ERN 00863474 at lines 6-12. 634 Supplementary Information of Civil Party Applicant, E3/4892, ERN 00861850. See also 6350ral Testimony of KIM Vanndy, T., El!148.1, 5 December 2012, ERN 00868135; Civil Party Application of _,E3/4697, ERN00402948, ("On 17 April 1975, Khmer Rouge soldiers entered [the city], fired indiscriminately, and evacuated my family."); Civil Party Application of_, E3/S0S7, ERN: 00856522 ("En route they threatened to kill those who refused to leave."); Civil Party Application of _ _ , E3/4774, ERN: 00850912 ("some people refused to leave, causing the Khmer Rouge to point guns at them and shoot some of them dead."); Civil Party Application of_, E3/S00S, ERN: 00871750, ("the Khmer Rouge used rifles to force us to leave our homes. Those who refused to leave per their instruction, were hit with their rifles. My family members were at that time"). 636 Written Record ofInterview of Civil Party E3/46S4 , ERN 00400463 ("I travelled with my wife on foot and carried belongings. From Neak Loeung to Ta Nong Village, it took us approximately five days and five nights."); Civil Party application of_, E3/4680, ERN 00885702 ("We were forced to walk to TAKEO province. At some point, we were forced to make a stop, because our journey had lasted several weeks."); Civil party application of E3/469S, ("I walked my children along National Road No.3 with other people. About two months later, we arrived in Rumchek village in Takeo province"). 637 Oral Testimony of YIM Sovann, El!13S.1, 19 October 2012, ERN 00855698 ("I saw people use the car to move out, but there were too many people and the Khmer Rouge soldiers grabbed the driver and then shot him to death" and "for example, car. Sometime [s] they were running out of gas."); Civil Party Application of _ ., E3/4824, ERN 00891214 ([in the cooperative] "As soon as we started to rest in the evening, a militia chief would go to each house and collect personal belongings such as watches and money from us."); Civil Party Application of E3/4971, ERN 00871625 ([during forced transfer] "My properties, cattle and land wer all confiscated by the Khmer Rouge."); and Civil Party Applicationof _, E3/4734, ERN 00865178 ("There we had to build our own shelter, and almost all of the equipment was taken and placed into collective ownership. No private ownership was allowed."); See also Oral Testimony ofPRAK Yut, T., E1!34.1, 26 January 2013, ERN 00774524 ("Some [deportees] took their bicycles or motorbikes; some were on foot."). 638 Oral Testimony of TOENG Sokha, El!147.1, ERN 00868399 (discussing a second transfer to Pursat province "it couldoucld have been in July or August."); Civil Party Application of Mr. Sou Sotheavy , E3/S729, ERN 00279714 ("According to the announcement ofKR soldiers it was on the 7th of July 1975 when we left Ang Seung pagoda, and we were to continue our journey until we reached Prey Kabass District."); Civil party application E3/4683, ERN 00353812 ("After leaving Machhimvoan pagoda, we arrived at Koki Thom village approximately in July 1975 with two sons and two daughters whose legs and hands were swelled and almost could not walk."). 639 Oral Testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917723 at lines 6-10. See also Oral Testimony of Civil Party, TRODCR Phandara-Sar, El!198.1 ERN 00917219 ("And then we had to evacuate this village; they asked us to board trucks to Pursat province, first to Kampong Chhnang and then to Pursat"). 640 Oral Testimony of OR Ry, El!14S.1, 22 November 2012, ERN 00865838 at lines 18-21. 641 Oral Testimony ofPECR Srey Phal, T., El!148.1, 5 December 2012, ERN 00868191 ("I lost everything and, instead, I was terrified, emotionally and physically and it still remains with me today,"); and Civil Party Application of_, E3/4773, ERN 00890597-00890598 ("On 17 April 1975, at 7:00 am, the Khmer Rouge entered into the Phnom Penh city started to forcibly and cruelly evacuate people out of their houses."). 642 Oral Testimony of TOENG Sokha, El!147.1, ERN 00868410; See also Oral Testimony of Denise Affonco, El!lS2.1, ERN 00871223 (noting "00871233 ("everybody was treated in exactly the same way. Those people who had to leave their homes [ ... ] they were given no assistance whatsoever. [ ... ] There was absolutely no

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assistance offered by the liberation troops."); Oral Testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855699 ("there was none [medical attention] from the Khmer Rouge to the sick people."). 643 Oral testimony of MOM Sam Oeurn, T., El!141.1, 6 November 2012, ERN 00859817-00859818. 644 Oral testimony MEAS Saran, El!14S.1, ERN 00865740 ("And after that, there was a checkpoint where we were stopped and questioned."). 645 Supplementary information of civil party applicant/Document d'information supplementaire de partie civile, E3/S107, ERN 00847843 ("After two days, the mixed Khmer Rouge informed by loudspeaker that if we had to register if wanted to take our wives and children along with us."); Oral testimony ofNOU Hoan, T., El!199.1, ERN EN 00917649- 00917650 ("Since we reached Chbar Ampov Pagoda and Champa Pagoda, there was writing on the blackboard that for those who were public servants or police officers or military officers shall register their names so that Angkar will reorganize our country and you shall be returned to Phnom Penh."); Oral testimony ofPECH Srey PMl, T., El!14S.1, ERN 00868138, ("However, to let them know whether they got the right people, they were asked to register their name."). 646 Oral testimony AFFONCO Denise, El!lS2.1,ERN 0087238 ("the chief of the village [ ... ] came and visited us and asked how we were doing. [ ... ] in fact, he was a spy. In fact, he was trying to extract any piece of information that he could get."). 647 Oral testimony ofYOS Phal, T., El!197.1, ERN EN 00916562 ("And at Ph'av location, we had to report to the soldiers - the Khmer Rouge soldiers - about our biography and occupations."); Oral testimony ofYIM Sovann, T., El!13S.1, ERN 00855703 ("when we reached pouthi ban commune [ ... ] we attended a meeting, they told us to submit our biographies, and then we were made to work immediately."). 648 Oral Testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855709. 649 Oral Testimony ofYIM Sovann, El!13S.1, 19 October 2012, ERN 00855709. 650Civil Party Petition of_, E3/4664, ERN 00156847; See also Civil Party Application of _ _ , E3/4774, ERN 00850911 (confirming that ([CPK soldiers] "announced through a microphone to find those who used to be [LON Nol] soldiers, police officers, medical staff, civil servants and etc. They said they would take those people to pursue their studies further and that their respective wives and children would go later. After their studies were completed, they said they would send those people back." The witness later found out that her mother, younger brother and sister had been killed once they were suspected of being affiliated with LON Nol regime;."); See Civil Party Application of_, E311746, ERN: 00887779 ("During [the forced transfer of Phnom Penh] Angkar announced to us that for those who were the former senior officials and students of the previous [regime] would be sent back to work in Kampong Som town. At that time there were hundreds people coming out to tell Angkar about their background by claiming that they were former senior officials and students. After many of them had registered, Angkar transported them away by trucks. About one month later I heard that those former officials and students had been taken to be killed at the foot of the Pich Nil Mountain."); and Oral testimony ofYOS Phal, El!197.1, ERN 00916565 at lines 19-22, ERN 00916566 at lines 2-7,27 May 2013 (describing seeing the CPK identity and remove LON Nol officers and soldiers. "I bore witness to the process of biography. I noted that some people told them the truth. They said they were major­ lieutenant, lieutenant, captain, and major. And these people, after providing all the truthful information, were taken away by motorbikes."). 651 Oral testimony ofCHAU Ny, El!146.1, November 2012, ERN 00866728-00866729 (stating that "because I felt that I would be killed and concealing my identity would spare me from being executed. And I changed my family name also because the Khmer Krom people share different family names [ ... ] People from Moat Chrouk province would have Chau as the family name and people from KramuonSor would use Tang(phonetic) as the family name and so on and so forth. So people from different province of Kampuchea Krom would have different family name and they can be identified according to these different identification."). 652 Oral testimony ofSOEUN Sovandy, T., E1!200.1, 4 June 2013, ERN 00918643. 653 Oral testimony of SOEUN Sovandy, T., E1!200.1, 4 June 2013, ERN 00918647-00918648. 654 Oral testimony ofCHAUNy, T., El!146.1, 23 Nov 2012, ERN 00866728. 655 Oral testimony of SOEUN Sovandy, T., E1!200.1, 4 June 2013, ERN 00918650. 656 Civil Party Application of_, E3/4907 (ITU Draft version); See also Supplementary information of civil party applicant _, E3/4962, ERN 00842817 (stating that "I was then forced to defrock at the pagoda in Phoum Vihear"); Supplementary information of civil party applicant _, E3/4961, ERN 00864764 (stating that "Before 1975,1 was a monk in Phnom Penh. On 17 April 1975, 1 was evacuated from Phnom Penh to Thma

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Pun Commune, Prey [ ... ] Chhor District, and then to Vihear Thurn Commune, where 1 was defrocked. I was forced to dig and carry earth to build dams and to climb palm trees, but the output was kept collectively."). 657 Civil Party Application of_, E3/4838, ERN 00893366 (stating "We came to a pagoda there, but they (the Khmer Rouge clique) did not allow us to stay there. They chased us away and the monks got out of the pagoda. Those monks travelled with us."). 658 Civil Party Application of Mr. Sou Sotheavy, E3/5729, ERN 00279712-00279713 ("I saw a lot of dead people- among them were monks. [ ... ] All pagodas where I was during the journey were empty of monks. Only in Prek Ho Pagoda did I see dead monks. "). 659 Civil Party Application ofCHHENG Eng LY, E3/5736, ERN 00922084 (''The barbarian grabbed both [the child's] tiny legs, one in each hand and pulled them apart; he ripped the baby's body apart nonchalantly without wincing; he saw absolutely nothing wrong with that. The baby died instantly!"); Civil Party Application of • • , E3/4961, ERN 00864764 ("We were led to see the location where people were killed. The Unit Chief brought us there. One hundred and fifty people evacuated in 1975 were killed in a pit. The Unit Chief told us that he I she was the one who killed those prisoners (they told us at night)."; Supplementary Information of civil party applicant, E3/4951, ERN 00874077 ("Then they beat my husband and killed him by beating him and cutting his throat in front of me."); Written Record ofInterview of Civil Party _,E3/5559, ERN 00377368 ("I saw that for any person who opposed the forced evacuation was immediately shot dead by the Khmer Rouge soldiers"); Written Record of Interview of Civil Party _ E3/4654, ERN 00400463-00400465 ("I saw people were shot dead. [ ... ] I saw those Khmer Rouge soldiers shot a few people dead. "); Civil Party Application of_, E3/4773, ERN 00890597-00890598 ("I saw the Khmer Rouge shoot to death six people, but I did not know the reasons");Civil Party Application of E3/5101, ERN 00891081 ("The persons who refused to leave would be killed instantly."); Civil Party Application of _ _ , E3/5084, ERN 00569477 ("I had seen a lot of shooting and injured people lying on the road."); Supplementary information of civil party applicant, E3/5063, ERN 00858919-20 ("I saw Khmer Rouge soldiers shoot and kill Lon Nol soldiers leaving bodies scattered around the streets near the Pochentong Airport. Upon arriving at Krang Krasang Commune."); Annex 1: Annexes 4, E3/4759, ERN 00887719 (1 saw that who opposed their orders were killed immediately in front of me."); Civil Party Application of E3/4757, ERN 00864243 ("Some people decided to swim across the river, and they were Civil Party Application of_, E3/4734, ERN 00865178 ("Anyone who dared argue against the order was killed."); Civil Party Application of_, E3/4987, ERN 00873677 ("They, on several occasions, shot dead members of the families of my neighbours."); Civil Party Application of _ E3/4980, ERN 00893406-08 ("we saw many people being shot dead by Khmer Rouge troops [ ... ]People (I did know them) who could no longer continue walking, were shot dead one by one along the way"); Civil Party Application of _,E3/4917, ERN 00890967 ("Along the way, I saw bodies of soldiers who had been killed by the Khmer Rouge."); Supplementary information of civil party applicant, E3/5732, ERN 00852179 ("One of my cousins, General Thachsary, was executed"); Civil party application of_, E3/4703, ERN 00417844 ("At that time, there was a family who refused to leave as they did not want to leave their belongings. In a sudden, the Khmer Rouge soldiers killed them."); Civil Party Application of_, E3/4697, ERN 00402948 ("If anyone refused to leave, the Khmer Rouge soldiers would shoot them dead and accused that they were the enemy of Angkar."); Civil Party Application of PAL Rattanak, E3/4839, ERN 00893370-00893372 ("A few soldiers ran away through the crowd, and they were shot immediately without hesitation. Some evacuees also died during the shooting. [ ... ]Some were dying along the road, and some were recently shot by the soldiers."); Civil Party Application of_ E3/4839, 00893370-00893372 ("Those who were not willing to leave or hesitant to leave were killed immediately. Some were pulled or pushed off buildings and died mournfully."); Civil Party Application of_, E3/4838, ERN 00893366 ("Some of those children were tragically stepped on and killed by the people. [ ... ] A short while after we had left that place, the Khmer Rouge threw grenades at and killed many people there."); Civil Party Application of_ E3/4838, ERN 00893365 ("Along the way from my Base, we saw many dead bodies of people apparently killed by Khmer Rouge troops."); Civil Party Application of_, E3/4823, ERN 00840000 ("At that time, I saw one government soldier, who was tied up, shot to death by the Khmer Rouge."); Civil Party Application of _ _ , E3/4822, ERN 00893354 ("Shortly after we were got down there, the Khmer Rouge shot dead one of our soldiers."); Civil party application of_ E3/4689, ERN 00446581 ("I saw too many dead people killed by the Khmer Rouge."); Civil Party Application of_, E3/4833 (ITU Draft version) (stating that "I heard that one Chinese descendant locked himself in his house, and the Khmer Rouge shot off the lock and killed him"); Civil Party Application of_, E3/4850 (ITU Draft version) "On the journey, when we arrived at a garrison named 'Banteay Lok Seh near Kien Svay Village, I saw corpses of LON Nol's soldiers, each of which was hanging on a fence having been shot to death. The corpses were swollen and smelly. We knew that they were the soldier corpses because of their uniforms and name badges, saying "Infantry Brigade

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28."); Civil Party Application of_ E3/1694 (ITU Draft version) (stating that: "On 17 April 1975, my wife's family members [7 in total] [ ... ] were shot dead by Khmer Rouge soldiers in their house near Olympic Market in Phnom Penh city. On the same day, [another 5 people] were also shot dead by Khmer Rouge soldiers in their house near Olympic Market in Phnom Penh city.") Civil Party Application of_, E3/4916 (ITU Draft version) (stating that "My brother in-law refused to leave his house and was shot dead mercilessly."); Civil Party Application, E3/4719 (ITU Draft version) (stating that "Everyone who replied that they had been teachers, doctors, soldiers, persons of rank were segregated out by the Khmer Rouge and were sent away and killed."); Civil Party Application of_, E3/4664, ERN 00156847 ("pages 3-4, (stating "On my way out of Phnom Penh (Monivong road), I saw many corpses of soldiers killed in the war and the corpses of civilians who were killed by the Khmer Rouge for refusing to leave their houses at their orders. [ ... ]Someone told me that my father may be killed by the Khmer Rouge because those high ranking officials were ordered to wash and collect the corpses in the city. They were deprived offood and brought to be shot in front of the Royal Palace."); Civil Party Application of_, E3/4721 (lTU Draft version) (stating that "If any people resisted, they would be shot to dead."). 660 Supplementary Information of Civil Party Applicant, E3/S063, ERN 00858919-20 ("I saw Khmer Rouge soldiers shoot and kill Lon Nol soldiers leaving bodies scattered around the streets near the Pochentong Airport. Upon arriving at Krang Krasang Commune"); Civil Party Application of_, E3/4917, ERN 00890967 ("Along the way, I saw bodies of soldiers who had been killed by the Khmer Rouge."); Supplementary Information of Civil Party Applicant, E3/S732, ERN 00852179 ("One of my cousins, General Thachsary, was executed"); Civil Party Application of_08-VU-00649, E3/4839, ERN 00893370-00893372 (stating that "a few soldiers ran away through the crowd, and they were shot immediately without hesitation."); Civil Party Application of_, E3/4822, ERN 00893354 ("Shortly after we were got down there, the Khmer Rouge shot dead one of our soldiers."); Civil Party Application of_, E3/48S0 (stating "On the journey, when we arrived at a garrison named "Banteay Lok Seh near Kien Svay Village, I saw corpses of LON Nol's soldiers, each of which was hanging on a fence having been shot to death. The corpses were swollen and smelly. We knew that they were the soldier corpses because oftheir uniforms and name badges, saying "Infantry Brigade 28."); Civil Party Application of_, E3/4917 (ITU Draft version); Civil Party application of_, E3/4917, ERN 00890967 ("Along the way, I saw bodies of solider who had been killed by the Khmer Rouge."); and Civil Party Application of_, E3/S0S7, ERN 00856522 (noting that there were dead bodies of Lon Nol soldiers along the road out of Phnom Penh). 661 Written Record ofInterview of_, D246/13, ERN 00387499. 6620ral Testimony of KIM Vanndy, T., El!148.1, 5 December 2012, ERN 00868199 ("And I saw my uncle driving a jeep by the American soldiers, and he parked in front of our house when the Khmer Rouge soldiers were still marching on the road. And he was shot by one of the Khmer Rouge soldiers and he collapsed.") 663 Oral testimony ofHUO Chantha, 29 May 2013, El!198.1, ERN 00917291 at lines 9-12, ("my brother, HuoHanni, he was the aviation soldier. Before 1975, he was dispatched to Thailand for training and following the appeal ofleng Sary for the intellectual to return to the country to rebuild Cambodia, he decided to return. And he did not have a chance to meet with his family member upon his return; he was arrested by the Khmer Rouge and he was later executed. He left behind many children."); Oral testimony ofTHOUCH Phandarasar, T., El!198.1, ERN 00917242 at lines 15-16, 18-23,29 May 2013 (Civil Party testimony describes how a cousin, General THAC Sary - an officer who was part of General LON Nol's security detail- was asked by name via radio broadcast to present himself to the Ministry of Information. The Civil Party learned from another cousin that General THAC was detained and executed by CPK troops.). 664See Oral testimony ofKHEAN Pean,T., E1!71.1, 02 May 2012, ERN 00806797 at lines 15-20 (who testified to the existence of "smash" lists that provided CPK troops with a list of figures in the LON Nol regime who were specifically targeted as enemies of the CPK: "Because [Lon Nol] were considered enemies, if they were arrested, they were to be smashed."); See also Oral testimony of CHANDLER David, T., E1!94.1, ERN 00829857 at lines 18-22, 23 July 2012 (confirming that the CPK policy to eliminate LON Nol officials was evident and effective by the fact that, "very few senior officers of the [... ] Lon Nol army are known to have survived and be among the refugees in other countries."). 665 Civil Party Application of_, E3/S00S, ERN 00871750, (recalling that "Some people who did not follow their [the Khmer Rouge's] orders by traveling on different paths were shot dead."). 666 Oral Testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855696.

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667 Oral testimony of Civil Party SENG Sivutha, E1!200.1, ERN 00918695 at lines 12-23 and ERN 00918696 at line 1 ("When on the morning we left Phnom Penh we saw a lot of corpses along the road. The dead bodies were scattered everywhere, and along the roads [ ... ] I also once stepped on dead bodies. I sometime walk over the dead body."); Oral testimony of Civil Party SOU Sotheavy, El!197.1, ERN 00916505 at lines 13-15 ("There were corpses of Lon Nol soldiers, Buddhist monks, civilians, [ ... ] And I saw several people died."); Oral Testimony of Civil Party YOS Phal, El!197.1, ERN 00916566 at lines 21-24 and ERN 00916566 at lines 2-5 ("I saw the dead bodies of soldiers and civilians near barbed wire along the road."); Civil Party Application of_ ., 30 April 2010, E3/5005, ERN 00871750 (stating "On the way, I saw a lot of dead bodies."). Civil party application of CHHENG Eng LY, E3/5736, ERN 00922084 (stating that "I saw a new-born baby next to a lifeless body"); Civil party application of_, E3/4821, ERN 00916829 (stating that "Along the way, I saw the bodies of LON Nol soldiers [filled] with stench. [ ... ] On both sides of the streets lay dead bodies, particularly in the Russian Hospital area."); Written Record of Interview of Civil Party YOS Phal, E3/4611, ERN 00455376 (stating that "Along the way, I saw many dead bodies."); Civil Party Application of Mr. Sou Sotheavy, E3/5729, ERN 00279712 (stating that "I saw a lot of dead people"); Written Record ofInterview of Civil Party _, E3/5559, ERN 00377368 that "Along the way, I saw many corpses of soldiers and civilians"); Civil party application of E3/4681, ERN 00850906 (stating that "There lots of bodies by the wayside, especially children and old people. There was a dreadful stench. The bodies were decomposing and were covered with maggots."); Civil party application of BAY Sophany, E3/5746, ERN 00867204 (stating that "Along the street, I witnessed dead bodies: men, women, the old and the young, the pregnant and uniformed soldiers who and motionlessly laid dead on the middle of the street."); Victim Information Form: E3/5076, ERN 00857597 (stating that "Along the way, I stepped over bodies; I saw babies on the ground crying next to their mothers as they lay dead.");Civil party application of KHOEM Sambat, E3/5057, ERN 00856522 (stating that "there were dead bodies of Lon Nol soldiers"); Civil party application of_ 09-VU-01969, E3/5005, ERN 00871750 (stating that "I saw dead swollen bodies of soldiers"); Civil party application of_, E3/4987, ERN 00873677 (stating that "On the way along National Road No.2, by which we traveled to our homeland, we saw dead bodies on the roadside."); Civil party application of _ E3/4980, ERN 00893406-08 (stating that "There were also many people who died of starvation."); Civil party application of_, E3/4917, ERN 00890967 (stating that "Along the way, I saw bodies of soldiers who had been killed by the Khmer Rouge."); Victim Information Form of_ E3/491 ERN 00861850 (stating that "there were many bodies along the way"); Civil party application of ERN 00417836 (stating that "On the way, there were a lot of human bodies"); Civil Party Petition of E3/4668, ERN 00238410 (stating that "Numerous dead bodies were strewn along the side of the trail.");Civil party application of_, E3/4699, ERN 00414895 (stating that "On the way, I saw the Khmer Rouge arrested people and tied theirs hands to the back, but Idid not know where those arrested people were taken to.");Civil party application of Ms. HUO Chantha, E3/5730, ERN 00402959-00402960 (stating that "Along the street, I saw soldiers' bodies");Civil party application of _ _ 08-VU-00647, E3/4841, ERN 00893377-00893378 (stating that "Along the road, I saw smelly swollen dead bodies everywhere, and the bodies were being eaten by dogs");Civil party application of _ 08- VU-00649, E3/4839, ERN 00893370-00893372 (stating that "Some dead bodies became putrid and were covered with flies. Dead bodies, mostly of LON Nol soldiers, were floating in the river. Dogs tore away the dead flesh and ran with it in their mouths through the crowd of hundreds of people [ ... ]along National Road Number One, from Vat Champa, I saw dead bodies everywhere along the road which let out a putrid smell all over the place") ; Civil party application of_ 08-VU-00650, E3/4838, ERN 00893365 (stating that "Along the way from my Base, we saw many dead bodies of people apparently killed by Khmer Rouge troops. Some people died while sitting in their cars. Some died in their barracks or along the road. I did not know the cause of death because the dead bodies had become putrid as if they had been affected by some kind of chemical"), ERN 00893365 (stating that "Pigs and dogs, because they did not have the food they would usually have from their owners, ate the flesh of the dead bodies.");Civil party application of _ 08-VU-01549, E3/4837, ERN 00891224-00891225 ("(stating that "While we were walking, I saw many dead bodies of citizens along the road."); Civil party application of_ E3/4654, ERN 00446581,("1 saw too many dead people killed by the Khmer Rouge. Some of them had just been shot dead (with fresh bleeding). Some of those bodies were already swollen and smelly."); Civil party application of _, E3/4822, ERN 00893354 (stating that "There were a lot of dead bodies along the road"); Civil Party Application of _, E3/4829 (ITU Draft version) (stating that "Many dead bodies were covered with blood along National Road 5. Perhaps they were killed because they did not follow Angkar's instructions whilst travelling, or there was another cause that I did not know of as I was too young at the time."); Civil Party Application of _,E3/4833 (ITU Draft version) (stating that "Corpses of LON Nol's soldiers were everywhere."); Civil Party Application of _ _ , E3/4850 (lTU Draft version) (stating that "Along the way, I saw many corpses of LON Nol's army and

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citizens."); Civil Party Application of_, E3/4851 (ITU Draft version) (stating that "Along the way, I saw corpses of soldiers and citizens.") ; Civil Party Application of_, E3/5042 (ITU Draft version) (stating that "When I arrived at Kilou Lekh Prammuoy, I saw a shocking scene of dead bodies, making me very worried of not being able to return home because all of the residents of Kilou Lekh Prambei Village were also being evacuated from the village."); Civil Party Application of_ E3/5034, (stating that "Along the road, we saw a lot of dead people and animals shot dead by POL Pot cliques."); Civil Party Application of _, E3/4967 (lTU Draft version) (stating that "12 members of my family were killed by the Khmer Rouge clique in 1975 when they took power. I was one among some 600 LON Nol regime soldiers who were sent to be shot dead on 19 April 1975 in Dangkao Khnaeuy of in Battambang Province."); Civil Party Application of_ E3/4823 (ITU Draft version) (stating that "During my travel along the national road (National Road NO 1), I saw many corpses along the road in front of Chbar Ampov Cinema, with some of them in chairs and some others swollen."); Civil Party Application of _, E3/4921 (ITU Draft version) (stating that "While on the road, Ms Navy SOTH saw people taking their own lives, others dying of hunger, as well as corpses with their stomachs ripped open, disfigured, dismembered along the road and in the jungle."); Civil Party Application of _, E3/4664, ERN 00156847 (stating that "On my way out of Phnom Penh (Monivong road), I saw many corpses of soldiers killed in the war and the corpses of civilians who were killed by the Khmer Rouge for refusing to leave their houses at their orders. [ ... J I saw corpses floating in the water but they were all men with blind folding."); Oral testimony of Civil Party SENG Sivutha, E1!200.1, ERN 00918695 at lines 12-23 and ERN 00918696 at line 1 ("When on the morning we left Phnom Penh we saw a lot of corpses along the road. The dead bodies were scattered everywhere, and along the roads [ ... J I also once stepped on dead bodies. I sometime walk over the dead body."); Oral testimony of Civil Party SOU Sotheavy, El!197.1, ERN 00916505 at lines 13-15 ("There were corpses of Lon Nol soldiers, Buddhist monks, civilians, [ ... J And I saw several people died."); Oral Testimony of Civil Party YOS Phal, El!197.1, ERN 00916566 at lines 21-24 and ERN 00916566 at lines 2-5 ("I saw the dead bodies of soldiers and civilians near barbed wire along the road."); Civil Party Application of _, E3/5005, ERN 00871750 ~stating "On the way, I saw a lot of dead bodies."). 68 Oral testimony of MOM Sam Oeurn, 6 November 2012, El!141.1, ERN 00859828-00859829 ("I saw them all along the road. Sometimes just a few steps, then I would see another corpse on the left, on the right-hand side, and by the time I got to Preaek Samraong location I had already seen about 20 corpses -- perhaps more than this because I didn't pay great attention to count all the dead bodies. I do not know what happened to these dead people"); Oral testimony of Civil Party LAY Bony, 23 October 2012, El!137.1, ERN 00857065-00857066 ("I learned that through my husband and my relatives, who were travelling with us, as we saw dead bodies along the road and we asked what happened to them and we were told that those people wanted to return back."); Oral Testimony of Civil Party, MOM Sam Oeurn, El!141.1 ERN 00859352, line 11-12; and Oral testimony of Civil Party, LAY Bony, El!137.1 ERN 00855561. 669 Civil Party Application of Sou Sotheavy, E3/5729, ERN 00279712-00279713 ("I saw a lot of dead people- among them were monks. [ ... J All pagodas where I was during the journey were empty of monks. Only in Prek Ho Pagoda did I see dead monks. "). 670 Civil Party Application of SOU Sotheavy, E3/5729, ERN 00279713. 671 Oral Testimony ofYIM Sovann, El!135.1. 19 Oct. 2012, ERN 00855699-00855700. 672 Supplemental Information of Civil Party Applicant _, E3/4955, ERN 00874082 (stating that "My elder sister, CHHUM Min, her husband and my nephew, and my niece, whose name 1 cannot recall, were sent to a new village, and they have gone missing until the present."); Written Record ofInterview of Civil Party _, E3/5590, ERN 00426476 (stating that "Angkar took three civilian buses to transport men. They took my husband away. [... J He has never returned back."); Written Record of Interview of Civil Party SOU Sotheavy, E3/4608, ERN 00426415-16 (stating that "the Khmer Rouge soldiers arrested us by accusing us of stealing Angkar's rice. In fact, I think that these soldiers just made up an excuse in order to arrest us since we dressed like women and they might have wanted to get something from us. I was sitting and waiting outside with some friends while two of our friends were taken inside Nirot Pagoda by the soldiers. About a few hours later, I saw these two friends coming out with blood all over their body."); Civil party application of _, E3/4699, ERN 00414895 (stating that "On the way, I saw the Khmer Rouge arrested people and tied theirs hands to the back, but I did not know where those arrested people were taken to."); Civil party application of Ms. _, E3/5590, ERN 00391744 (stating that "The next morning, the Khmer Rouge gathered men and sent them back to Phnom Penh. My husband was also one among those men. At that time, I asked them, "Where do you take my husband to?" Having heard the question, they almost hit me with their gun slide. Then, they

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replied, "To Phnom Penh to clean the city for a few days and they will be allowed to come back to live with their families." However, my husband never returned. He was taken away and disappeared."); Civil party application of _, E3/4823, ERN 00840000 (stating that "During the evacuation from Phnom Penh, I saw government soldiers were tied up and marched [along]."); Civil party application of_, E3/4822, ERN 00893354 (stating that "The Khmer Rouge tied my hands behind my back tightly and ordered us to move forward without turning either left or right. Later, an old Cham woman, Nas, speaking in Cham language, said that I was being tied up and sent to be executed."); Civil Party Application of _, E3/4873 (lTD Draft version) (stating that, "At that time [On 23 April 1975], many people were detained by the Khmer Rouge."); Civil Party Application of_ E3/4823 (lTD Draft version) (stating that "my seven children and I were evacuated by the Khmer Rouge and were separated from my husband, ME Tum, whom I have not seen since."); Civil Party Application of _, E3/4664, 00156847- 00156848 (stating that "At that time, 6 or 7 Khmer Rouge forces walked and announced by the loudspeaker to invite "anyone who is high ranking official to appear before them Angkar would not find any fault and the spouse and children would be brought later. I thought it was true because we wanted to return home. Then my father appeared together with another 7 persons and the Khmer Rouge recorded their names and pushed them into the truck as if they were prisoners. My family waited for the news from my father for three months but there was no information about him."). 673 Civil Party Application of_, E3/5559, ERN 00377368 (describing "I saw that many people were arrested. We were told that they were sent to be re-educated; however, we never saw them coming back. We knew that sending to be re-educated or refashioned meant being killed. People might have been arrested if they [ ... ] did not have good biography, such as being former civil servants and so on."). 674 Civil party application of_, E3/4839, ERN 00893370-00893372 (stating that "I also saw them catch hundreds of LON Nol soldiers and tie their hands with raw cotton rope and make them walk in rows and get onto trucks (pick-up trucks from China), threatening them saying, if anyone dared to break the cotton rope, that person would be killed instantly."); Civil party application of E3/5020, ERN 00893426 (stating that "My husband Van Hai Nguon, a Khmer Krom, was a civil servant in Lon Nol period. He worked in the National Bank of Cambodia. He was on duty and on standby in his office on 17 April 1975 when Phnom Penh fell. He disappeared, and his whereabouts have been unknown ever."); Civil Party Application of_ ., E3/4823, ERN EN 00840000 (also stating "Khmer Rouge soldiers entered the barracks and arrested government soldiers."); Civil Party Application of_, E3/4656, ERN 00893383 ("Those Khmer Rouge soldiers were very good at investigating. They went around asking and searching for those citizens who were doctors, teachers, soldiers, military personnel or professors and then killed them and their whole families."); Civil Party Application of_, E3/4734, ERN 00865178 ("In late May 1975, I heard from acquaintances that my son, VAN Soeun, aged 23, who was a former LON Nol soldier, was tied up along with other people and brought for execution to an area near the Wat Phneat Pagoda, located in Angk Snoul District, Kandal Province, in April of the same year."). 675Civil Party Application of_, E3/4746, ERN 00858547. 676 Oral Testimony of MOM Sam Oeurn, 6 November 2012, El!141.1, ERN 00859818 ("recalling "at the same time they also beat people."). Supplementary information of civil party applicant, E3/4951, ERN 00874077, (stating that "Then they beat my husband and killed him by beating him and cutting his throat in front of me."); Civil party application of_, E3/4839, ERN 00893370-00893372, (stating that "three or four black­ suited teenage soldiers, who were standing along the road and holding 47AK guns and two 40B rocket [launchers], with their folded sleeves and pants' legs, ran towards me and pointed their guns at me. They threatened me saying, "Go! Go! Go away! What are you doing? Do you want to die?" I kneeled down in front of them putting my hands together and implored them in fear, but I was shot over like it was raining. Fortunately, I was not injured, and only parts of my clothes were burnt. Then they shouted, "I will temper you!" They kicked and hit me with their gun handles. I was seriously injured (the scars have remained until now). I was suddenly lying unconscious [in a pool of] blood in the middle of the road (near a firefighters' station)."); Oral testimony of MOM Sam Oeurn, 6 November 20 El!141.1, ERN 00859818 ("at the same time they also beat people."). 677 Civil Party Application of E3/4916 (lTD Draft version). 678 Civil Party Application of E3/4838, ERN 00893365 (noting "Some [people] cried and other were calling out the names of their missing children or family members."); Civil party application of _, E3/5085, ERN 00889676, (stating that "I separated from my family to live in Thmei Serey Samaki Village with

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my husband."); Civil Party Application of E3/S077, ERN 00858023 (stating that "I have been separated from my husband"); Victim Information Form of E3/S076, ERN 00857597 (stating that "I have been separated from my father since that day."); Civil party application _ _ , E3/47S7, ERN 00864243 (stating that "Some were separated from their children, and some cried and peed unconsciously. Children were crying out for their parents, and parents were shouting for their children."); Civil party application _, E3/47S1, ERN 00864529 (stating that "Along the way, I saw many people and some of them had lost their family members. "); Civil party application of_, E3/S00S, ERN 00871750 (stating that "My family members were separated at that time."); Civil party application of _, E3/S004, ERN 00871742-43 (stating that "They ordered the people to move very quickly; people could not stop and wait for their old and sick family members who could no longer walk. People were ordered to leave their old family members."); Civil party application of E3/4702, ERN 00417836 (stating that "At that time, there were so many people; some even missed their children."); Civil party application of • _ 08-VU-00649, E3/4839, ERN 00893370-00893372 (stating that "They were separated from their families in tears [ ... ]1 had to leave without my parents [ ... ] there was a large number of city people who were separated from their family members."); Civil party application of., E3/4838, ERN 00893365 (stating that "Some cried while others were calling out the names of their missing children or family members."); Civil party application of_, E3/4837, ERN 00891224-00891225 (stating that "Some people lost their children, and some lost their parents and siblings."); Written Record ofInterview of Civil Party _,E3/S238, ERN 00270670 (stating that "We went all together at first but then we were separated ... '); Civil Party Application of_, E3/4836 (ITU Draft version) (stating that "Some families went to provinces together and some were separated. For my family, my father was assigned to another province while my mother, eight siblings and I were sent to Damrei Village, Svay Chek Commune, , Svay Rieng Province, which was my place of birth."); Civil Party Application of _, E3/4860 (ITU Draft version) (stating that "The Khmer Rouge militiamen separated my family members to work in different places."); Civil Party Application of_, E3/4873 (ITU Draft version) (stating that "We had lost and could not find our children, my mother-in-law and other relatives."); Civil Party Application of _, E3/S042 (ITU Draft version) (stating that "Some of them were separated from their families; some children were lost"); Civil Party Application of_, E3/S023 (ITU Draft version) (stating that" I was separated from my family and sent to the Children's Unit in Sna Ansa Commune, , of Pursat Province."); Civil Party Application of SOEUN Sovandy, E3/S744 (ITU Draft version) (stating that "my family was separated because there were too many people rushing out of the city in fear. I did not know where my parents and my other 11 siblings went. When Khmer Rouge soldiers shot into the air, ordering all the people to leave immediately, my elder sister IEM Muoy Ei and I were frightened and walked along the road to Chak Angrae, and later reached S'ang District, Kandal Province, where I was assigned to joined a youth mobile unit, and my elder sister was assigned to join a women's mobile unit."); Civil Party Application of _ E3/4730 (ITU Draft version) ("After travelling for around one hour, because of the chaotic and crowded atmosphere, I was separated from my family, walking alone along the river."); Civil Party Application of _ (ITU Draft version) E3/4823, (stating that "my seven children and I were evacuated by the Khmer Rouge and were separated from my husband, ME Tum, whom I have not seen since."); Civil Party Application of_ (ITU Draft version) E3/492S, (stating that "During the evacuation, some people were separated from their families. Some had so many children, they could not bring all of them."). 679 Oral Testimony of KIM Vanndy, El!148.1, 5 December 2012, ERN 00868205 ("I saw one man, but I did not know him or his name. He was walking in an opposite direction and he was shouting that he lost his children and when he approached the Khmer Rouge soldier who was standing, he asked for the permission to return to find his children, but the Khmer Rouge soldier shouted back at him to move ahead. Otherwise, he would be dead, and he used that word "dead""); Oral Testimony of KIM Vanndy, 05 Dec 2012, El!148.1, ERN 00867000; LAY Bony,Civil Party Application of_, E3/4838, ERN 00893365 ("It was a completely chaotic and horrifYing scene. Along the way from my Base, we saw many dead bodies of people apparently killed by Khmer Rouge troops"); Oral Testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868137 ("I saw three people walking from the opposite direction. They said they were returning to the capital because they did not bring along with them their money or their children so they asked that they be allowed to return to Phnom Penh to bring these family members. But they were stopped by the Khmer Rouge soldiers, who did not allow

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them to come back. And they were even threatened; they were told that, "if you step the line, then you would" -­ they would be killed."); Civil Party Application of_, D22/2953, ERN 00871750 ("The Khmer Rouge used rifles to force us to leave our homes, those who refused to leave per their instruction, were hit with their rifles. My family members were separated at that time."). 680 Civil Party Applicationparty Application of_, E3/4653, ERN 00864058; See also Oral testimony of PO Dina, T., El!199.1, ERN 00917724 at lines 4-7 (stating that "at that time the situation was chaotic and confusing. Nobody knew what was happening. Children were separated from their family and children were crying."); Oral testimony of Civil Party SENG Sivutha, T., E1!200.1, ERN 00918704 at lines 18- 22 ("I lost my parents and a large number of my family and relatives. [ ... ] upon the 17 April 1975 we were separated."); Oral testimony of PIN Yathay, T. El!170.1, 7 February 2013, ERN 00888675 at lines 23-25 and 7 February 20l3,ERN 00888676 at lines 1-2 ("Some children separated from their parents."); Oral Testimony of Civil Party Soeun Sovandy, T., E1!200.1, ERN 00918642 at lines 6-15 ("we left our house and we were looking for my parents because when - before they left, they told me that ifI looked for them along the river bank I would find them. But then I tried to look for them anywhere, but I could not find them."); Oral testimony of LAY Bony, T., El!138.1, ERN 00857269 lines 11-13 ("I had just delivered my baby for a few days, and when I was evacuated I had to be separated from my family members."); Civil Party Application of_ 08-VU- 00650, E3/4838, ERN 00893365 ("Some cried while others were calling out the names of their missing children or family members."); 681 Supplementary information of civil party applicant, E3/4962, ERN 00842817 (stating that "I was evacuated from Phnom Penh on foot along National Road 5");Civil party application of _ 09-VU-00979, E3/4821, ERN 00916829 (stating that "My family and 1 left on foot via National Road 4. Along the way, 1 saw the road was so crowded with a disorganized chaotic mass of humanity, numbering tens of thousands, carrying bundles on their shoulders."); Written Record ofInterview of Civil Party _,E3/5590, ERN 00426476 (stating that "I walked to the west side of Pochentong toward Takeo province [ ... ]1 walked for half a month before reaching Chek village in Takeo province"); Supplementary information of civil party applicant, E3/5036, ERN 00891043 (stating that "I travelled on foo1."); Written Record of Interview of Civil Party _, E3/5559, ERN 00377368 (stating that "We travelled on foot; we walked in the day time");Written Record of Interview of Civil Party _ D246/16, ERN 00400463-00400465 (stating that "For those who owned cars, cyclos , bikes or motorbikes, they could load their belongings and their children but they were not allowed to drive. They had to walk their vehicles."); Civil party application of_ 09-VU-00037, E3/4773, ERN 00890597-00890598 (stating that "After walking for one day and one night, my family and I arrived at Preaek Kdam V unknown commune/district, Kandal Province."); Demande de constitution de partie civile de E3/4681, ERN 00850906 (stating that "My family and I left on fool. We followed the crowd and were walking very slowly. We were making much progress. We walked for about one month");Civil Party application of_, E3/4680, ERN 00885702 (stating that "We were forced to walk to TAKEO province."); Civil party application of BAY Sophany 10-VU-006l9, E3/57 ERN 00867204 (stating that "I walked slowly for days"); Civil party application of NGAN Mike Hong alia 1O-VU-00400, E3/5102, ERN 00891081 ( that "I walked along National Road 4 towards Veal Renh."); Demande de constitution de partie civile de 09-VU-04295, E3/5077, ERN 00858023 (stating that "I had to on foot to the outskirts with hundreds of thousands of people from the city.");Victim Information Form: E3/5076, ERN 00857597 (stating that "I was made to travel on foot from the capital to its outskirts along with hundreds of thousands of people."); Civil party application of_09-VU-04237, E3/50n, ERN 00893500-00893501 (stating that "We were evacuated on foot and we carried some luggage on our heads and shoulders. We arrived at Meanchey (at that time it was in Battambang Province) two months later"); Civil party application of 09-VU-0381O, E3/5057, ERN 00856522 (stating that "I was forced to walk towards Skun (we), Kampong and take a detour around Cbi Haer (tli:tm). We arrived at Vihear , Kandal province after a l5-day trip."); Civil party application E3/4757, ERN 00864243 (stating that "When we arrived at Takmau City, the Khmer Rouge to sit in one place and announced that we had to travel along National Road 2. [ ... ]Walking for one month"); Civil party application of _, E3/4734, ERN 00865178 (stating that "During the journey, we faced lots of difficulties and hardships as my children were still so small, and we had to walk in bare feet, in the absence of any means of transport, under the hot sun and without sufficient drinking water.");Civil party application of_09-VU-02l68, E3/5020, ERN 00893426 (stating that "In 1975 at the time of the evacuation, my son Van Hai Huon, who was about 1 year and a half, died of starvation when we arrived at our hometown.");Civil party application of _ 09-VU-01969, E3/5005, ERN 00871750 (stating that "We walked for many days and had to sleep along the way in fields and pagodas");Civil party application of •

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~ 09-VU-00993, E3/4980, ERN 00893406-08 (stating that "everyone in my family had swollen feet because we had been ordered and threatened by the Khmer soldiers to continue travelling by foot without any rest all the way");Civil party application of 09-VU-00124, E3/4917, ERN 00890967 (stating that "We travelled on foot"); Civil Party Petition of D2211 ERN 00239761 (stating that "We Walked to the south of Phnom Penh");Civil Party Petition of E3/4668, ERN 00238410 (stating that "My family walked for ten days to reach the Praek Kdarn ferry dock.");Supplementary information of civil party applicant, D2211380a, ERN 00853125-00853126 (stating that "I accompanied my family on foot to my hometown in Prey Veng"); Civil party application of _ 08-VU-00647, E3/4841, ERN 00893377-00893378 (stating that "We could only walk for two kilometers a day, and it took us three days to reach Takhmau.");Civil party application of_ 08-VU-00650, E3/4838, ERN 00893366 "(We travelled on foot under the close watch of Khmer Rouge troops with guns in their hands, all along the way."); Civil party application of _ 08-VU-01549, E3/4837, ERN 00891224-00891225 (stating that "It took my family two weeks to walk from Sangkat Boeng Tumpun to Chbar Ampov because the road was so crowded. We could walk only several meters per day.");Civil party application of E3/5590, ERN 00391744 (stating that "I walked my children along National Road No.3");Civil party application of. _ 09-VU-00038, D2211246, ERN 00893358, (stating that "After that, we arrived at Tuol Kouk on foo1."); Civil party application of_ 09-VU-00281, E3/4822, ERN 00893354 (stating that "I took my wife and three children (YAM Las, SAK Diyas and Somali) from the barracks to Chrouy Changva Khnong Village, Sangkat Chrouy Changva, (unknown District), Phnom Penh City, on foo1."), ERN 00893355 (stating that "After we had walked for around 48 hours through some forests) ; Civil party application of_ E3/4654, ERN 00446581 (0 We fled backward by walking along Kien Svay Knong"); Civil Party Application of. _, E3/4836, P 4, (lTD Draft version), (stating that: "At the beginning of the journey, we travelled by truck, and later we walked for many days to the destination due to the poor road condition.") ; Civil Party Application of_, E3/5042, p 8, (lTD Draft version), (stating that: "We walked along National Road 5, which was crowded with people with sad faces") ; Civil Party Application of _, E3/4836, pp 6-7, (lTD Draft version), (stating that: "I held and carried my nephew and nieces on my hip and walked together with

hundreds of other families of people without food for weeks until we arrived in Kampong Cham (ry 0 rl6 mH)

Province, Prey Chhor (UrlrlruJl) District, Sour Saen (fl.HflH\JS)u Commune, Trapeang Thkov (HimwCH)n Village."); Civil Party Application of_ E3/4823, p 6, (lTD Draft version), (stating that: "I, together with my seven children and the other people, walked along the road") ; Civil Party Application of_, E3/4925, p 4, (lTD Draft version), (stating that: "My parents and siblings had to travel on foo1.") ; Civil Party Application of _, E3/4916, P 4, (lTD Draft version), (stating that: "We travelled on foot for five days ..") ; Civil Party Application of_, E3/4959, p 8, (lTD Draft version) (stating that: "During our travel on foot from Pursat (t;i t1 fl fYft) Province to Battambang Povince, my mother gave birth to a baby boy. At that time, my mother and us (my father, my siblings and myself) were forced to walk; even though they had an oxen cart, they did not let my mother ride i1. As it was the rainy season, with water up to thigh depth, my mother stumbled and fell down, the baby slipping out of her hands into the water. About three days later, the baby died in Tuol Chras ('iT rtHw~) Village, [unknown commune], Bakan (011S) District, Pursat Province."); " Civil Party Application of _, E3/4921, P 5 (lTD Draft version) (stating that: "Long journey on foot on main roads, dirt roads and in the jungle; could not stop, the Khmer Rouge forced her family into the jungle.") ; Civil Party Application, E3/4919, p 5 (lTD Draft version) (stating that: "We travelled on foot until we arrived at Ta Kao (mtffl) Pagoda in Ta Kao Village, Kampong Laev Commune, Kampong Laev District, Prey Veng Province ..") ; Civil Party Application of_, E3/4722, p 5 (lTD Draft version) (stating that: "I had to walk for hundreds of kilometres without enough water and food and directly under the summer's hea1."). 682 Oral testimony of Civil Party HUO Chantha, T., El!198.1, ERN: 00917284 at lines 1-4 ("Some people had the drip on their hand and some women who just delivered their babies were forced to walk under the open eye - open sky and the rains. Some disabled people, old and young people, they were exhausted."); Oral testimony of Civil Party SENG Sivutha, T., E1!200.1, ERN 00918695 at lines 12-23 ("some people who were dying, they - particularly the elderly, they were deserted. They were actually sitting there helplessly and they were really dying. [ ... ] 1 saw an old man, he was lying on the road. He was almost motionless. He could not really move his body.") .. "); Civil party application of _, E3/4734, ERN 00865178, (stating that "Frequently, my children and many other children cried because of exhaustion and severe hunger. Due to such severe hunger, we had to rest in the shade under the trees for a night or two before we could continue our journey.");Civil party application of_ 09-VU-00993, E3/4980, ERN 00893406-08, (stating that "everyone in my family had swollen feet because we had been ordered and threatened by the Khmer Rouge soldiers to continue travelling by foot without any rest all the way");Civil party application of _ 08-VU-00647, E3/4841, ERN

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00893377-00893378, (stating that "I also saw some elderly people not able to continue walking dying on the road mournfully"); Civil Party Application of _, E3/4833, P 4 (lTD Draft version) (lTD Draft version), (stating that: "While walking under the hot sun at noon, I did not feel well, so we stopped to give me rest. However, the Khmer Rouge pointing their guns at us, urging us to continue the walk with the crowd.") ; Civil Party Application of _, E3/4722, P 5 (lTD Draft version) (stating that: "I felt so pity for my little children when they cried. They cried often because they were hungry and exhausted from walking."). 683 Oral testimonyTestimony of MOM Sam Oeurn, T., El!141.1, 6 November 2012, ERN 00859812. 684 Civil Party Application of_, E3/4838, ERN 00893366 ("We would sleep anywhere on our way whenever it became dark. Sometimes we slept under trees, and sometimes, we slept in the rain, hugging our children soaked by the rain."). Civil Party Application of_, E3/4838, ERN 00893366 (recalling "We would sleep anywhere on our way whenever it became dark. Sometimes we slept under trees, and sometimes, in the· . our children soaked by the rain."); Demande de constitution de partie civile de E3/4681, ERN 00850906 (stating that "sleeping out in the open, by the wayside");Civil party application of BAY Sophany 1O-VU-006l9, E3/5746, ERN 00867204 (stating that "There was no shelter, so I hugged the child under my chest and used my back to cover the rain. Heads of the other two children also leaned under my chest. My baby child and I were soaking wet. We were awake the whole night.");Civil party application of_ 1O-VU-00573, E3/5105, ERN 00891070 (stating that "While we were traveling in the cold season through rain without having enough food to eat and nothing to cover our bodies, myoId and young family members died miserably."); Civil party application of_ lO-VU- 00186, ERN 00569477 (stating that "During this journey we slept on the bare dirt ground.");Civil party application E3/4757 ERN 00864243 (stating that "We cooked and slept on the pavement");Civil party application E3/4756, ERN 00864559 (stating that "We walked and slept along the way");Civil party application of E3/4734, ERN 00865178 (stating that "During the journey, we faced lots of difficulties and hardships as my children were still so small, and we had to walk in bare feet, in the absence of any means of transport, under the hot sun and without sufficient drinking water.");Civil party application of _ 09-VU-01969, E3/5005, ERN 00871750 (stating that "We walked for many days and had to sleep along the way in fields and pagodas");Civil party application of _ 09-VU-019l6, E3/5001, ERN 00779605 (stating that "they were further evacuated to another place. 1 felt that they were suffered due to bear-foot travelling under hot (dry season) temperature and lack offood");Civil party application of _ 09-VU-01082, D22/2695, ERN 00871649 (stating that "We would stay overnight anywhere when night came. Leaving the boat, we continued traveling along National Road No.2 and stayed overnight along the way when it became dark");Civil party application of_09-VU-00124, E3/4917, ERN 00890967 (stating that "We [ ... J slept wherever we arrived at night");Civil party application of_ 08- VU-00650, E3/4838, ERN 00893366, (stating that "Sometimes, we slept under trees, and, sometimes, we slept in the rain, hugging our children soaked the rain."). 685 Civil Party Application of ERN 00865178. See also Civil Party ApplicationapplicationApplication of D22/2066, ERN 00890967, 26 March 2010 (Children kept crying along the way, because they were and hot."). See also Oral testimony of BAY Sophany, E1!200.1, ERN 00918599 at lines 9-12 ("And if you can recall, that was the hot season, the hot month in Cambodia, and we had to travel under the heat of the sun. We kept moving very slowly under the heat of the sun, together with my three children."). 686 Civil party application of_ 1O-VU-00573, E3/5105, ERN 00891070 (stating that "While we were traveling in the cold season through rain without having enough food to eat and nothing to cover our bodies, my old and young family members died miserably."); 687 Civil Party Application of BAY Sophany, D22/3850, ERN 00867204. 688 Written Record of Interview of Civil Party _, D296/9, ERN 00426488 (stating that "During the trip neither food nor water was provided"); Written Record of Interview of Civil Party _, D296/8, ERN 00426476, (stating that "I had no enough food to eat. I had only rice taken from home and I was alone with my eight children."); Civil party application of _ 1O-VU-00573, E3/5105, ERN 00891070 (stating that "While we were traveling in the cold season through rain without having enough food to eat and nothing to cover our bodies, myoId and young family members died miserably.");Civil party applic ation of _ _ 1O-VU-00186, E3/5084, ERN 00569477 (stating that "Our food quickly ran out and the KR did not give us any food; we drank whatever water we could find. When we passed villages we would ask for rice");Civil party application of _, E3/4734, ERN 00865178 (stating that "During the journey, we faced lots of difficulties and hardships as my children were still so small, and we had to walk in bare feet, in the absence of any means of transport, under the hot sun and without sufficient drinking water. [ ... J Frequently, my children and many other children cried because of exhaustion and severe hunger. Due to such severe hunger, we had to rest in the shade under the trees for a night or two before we could continue our journey.");Civil party

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application of_ 09-VU-019l6, E3/S001, ERN 00779605 (stating that "they were further evacuated to another place. 1 felt that they were suffered due to bear-foot travelling under hot (dry season) temperature and lack of food"); Supplementary information of civil party applicant, D2211380a, ERN 00853125-00853126, (stating that "We were pitied by the villagers, who provided us food because we no longer had any more diesel to change for food"), Civil party application of _ 08-VU-00649, E3/4839, 00893370-00893372 (stating that "I had not eaten or drank at all"); Civil Party Application of E3/S037, p 6 (lTU Draft version), (stating that: "there was no food"); Civil Party Application of E3/4836, pp 6-7 (ITU Draft version), (stating that: "I held and carried my nephew and nieces on my hip and walked together with hundreds of other families of people without food for weeks until we arrived in Kampong Cham (if rl6mH) Province, Prey Chhor (Lrl rl rill!) District, Sour Saen (fl.HflH\JS) Commune, Trapeang Thkov (HimwtH) Village.") ; Civil Party Application u n of_, E3/4921, p 5 (ITU Draft version) (stating that: "While on the road, Ms Navy SOTH saw people taking their own lives, others dying of hunger, as well as corpses with their stomachs ripped open, disfigured, dismembered along the road and in the jungle.") ; Civil Party Application of_, E3/4722, p 5 (ITU Draft version) (stating that: "We walked with our children, as we had no vehicles, and each of us was hand carrying, holding or even carrying on heads our belongings. [ ... ]1 had to walk for hundreds of kilometres without enough water and food and directly under the summer's heat."); Civil Party Application of _, E3/4722, P 5 (ITU Draft version) (stating that: "I felt so pity for my little children when they cried. They cried often because they were hungry and exhausted from walking."). 689 Oral testimony of SANG Rath, T., El!197.1, ERN 00916547-00916554 at lines 16-21 ("My children cried and we did not even have food, nor the water, and we could not bring any cooking pots or anything with us."); Oral testimony of Civil Party SOU Sotheavy, T., El!197.1, ERN 00916506 at lines 2-4 ("I went without food for several days. We did not have enough time to take rest. We did not have medicine when we fell ill. We had to walk days and nights."); Civil Party Application of_, E3/4722, page 5 (ITU Draft version) (stating that: "We walked with our children, as we had no vehicles, and each of us was hand carrying, holding or even carrying on heads our belongings. [ ... ]1 had to walk for hundreds of kilometres without enough water and food and directly under the summer's heat."); 690 Civil party application of_ 09-VU-00993, E3/4980, ERN 00893406-08, (stating that "There were also many people who died of starvation."); Civil party application of_, E3/4734, ERN 00865178, (stating that "Frequently, my children and many other children cried because of exhaustion and severe hunger. Due to such severe hunger, we had to rest in the shade under the trees for a night or two before we could continue our journey."). 691 Civil party application of _ 1O-VU-00186, E3/S084, ERN 00569477, (stating that "I had seen a lot of shooting and injured people lying on the road"); Civil party application of _ 09-VU-00993, E3/4980, ERN 00893406-08, (stating that "everyone in my family had swollen feet because we had been ordered and threatened by the Khmer Rouge soldiers to continue travelling by foot without any rest all the way"); Civil party application of_09-VU-019l6, E3/S001, ERN 00779605, (stating that "they were further evacuated to another place. 1 felt that they were suffered due to bear-foot travelling under hot (dry season) temperature and lack of 692 Civil Party Application of E3/S042, pp. 8-9 (ITU Draft version). 693 Civil Party Application of E3/49S9, p 8 (ITU Draft version) (stating that: "During our travel on foot from Pursat Province to Battambang Povince, my mother gave birth to a baby boy. At that time, my mother and us (my father, my siblings and myself) were forced to walk; even though they had an oxen cart, they did not let my mother ride it. As it was the rainy season, with water up to thigh depth, my mother stumbled and fell down, the baby slipping out of her hands into the water. About three days later, the baby died in Tuol Chras ('iT rtHw~) Village, [unknown commune], Bakan District, Pursat Province."); Civil Party Application of " ~, E3/S042, P 8, (ITU Draft version), (stating that: "Some women gave birth without a midwife."). Civil Party Application of_, D22/29S3, ERN 00871750, 30 April 2010; Civil Party Application of _, E3/S0SS, ERN 00871750 ("one of my relatives, who got injured [ ... ] on 17th of April, and she was seriously injured by her leg and she had to walk along with other people.,,694 Another remembers that "my wife [ ... ] she tried her luck at exchanging her belongings [for] medicine for the family to use in case the children were sick [ ... ] we had some medicine in hand [ ... ] Angkar took it away when they found it.").

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6950ral testimony of MOM Sam Oeum, T., El!141.1, 6 November 2012 ERN 00859851 ("one of the ladies miscarriaged along the way and she actually step on something and then she fell down and then she miscarriaged along the way and everyone were turning their eyes on her saying that, well, she had that problem"). 696 Civil party application of _ E3/4839, ERN 00893370-00893372 (stating that" I left Phnom Penh tearfully."). Civil Party Application of_, E3/S042, p 8, (lTD Draft version), (stating that: "Along the way, I saw that some people were . and . for help weakly."). 697 Civil party application E3/47S7, ERN 00864243. 698 Civil Party Petition of E3/4668, ERN 00238410. 699 Civil party application of 1O-VU-00573, E3/S10S, ERN 00891070, (stating that "While we were traveling in the cold season through rain without having enough food to eat and nothing to cover our bodies, myoId and young family members died miserably."); Supplementary information of civil party applicant, D22/2001a, ERN 00861850, (stating that "Along the way, I saw that some elderly people had died and some others cried for help. Some children died");Civil Party Petition of E3/4668, ERN 00238410, (stating that "The elderly could not keep up the pace and consequently perished during the march."); Civil party application of_08-VU-00647, E3/4841, ERN 00893377-00893378, (stating that "I also saw some elderly people not able to continue walking dying on the road mournfully"); Civil Party Application of_, E3/S042, p 8, (lTD Draft version), (stating that: "some people died along the road") ; Civil Party Application of_, E3/49S9, p 8, (lTD Draft version), (stating that: "During our travel on foot from Pursat Province to Battambang Povince, my mother gave birth to a baby boy. At that time, my mother and us (my father, my siblings and myself) were forced to walk; even though they had an oxen cart, they did not let my mother ride it. As it was the rainy season, with water up to thigh depth, my mother stumbled and fell down, the baby slipping out of her hands into the water. About three days later, the baby died in Tuol Chras Village, [unknown commune], Bakan District, Pursat Province."). 700 Oral testimony of Civil Party SENG Sivutha, T., E1!200.1, ERN 00918695 at lines 12-23 ("some people who were dying, they - particularly the elderly, they were deserted. [ ... ] Some of them were crying bitterly, looking for their children and relatives."). 701Civil Party ApplicationapplicationApplication of_, E3/47S6, ERN EN: 00864559, 30 October 2009. 702Another recalls Civil Party Application of_, E3/S004, ERN EN: 00871742.,30 Apr 2010. 703 Oral Testimony ofYIM Sovann, El!13S.1, 19 Oct. 2012, ERN 0085570l. 704 Civil Party Application, E3/4719, page 5, (stating that: "a Khmer Rouge militiaman approached me and asked, "What did you do before, comrade? Tell me the truth." I said I was a rice farmer. "And the wound? Were you a soldier?" I replied that I had been a reimak trailer driver and a soldier had accidentally discharged his gun and shot me."). 705 Civil Party Application of_, E3/4774, ERN 00850911 (recounting that once her family arrived 00850912 ("There, the Khmer Rouge started to the Ruessei Chrouy commune in Kandal province, CPK soldiers would routinely attempt to identity anyone who was affiliated withinvestigatewith the LON Nol regime. ).personal histories of the new people, having them to show up and reveal their previous jobs to Angkar.".). 706See CHAD Ny Testimony 23 November 2012, ERN 00866725, at lines 2-17 (stating how "17 April people" and the Khmer Krom would be targeted and killed, and so he decided to hide his Khmer Krom identity and remained in Takeo province instead of returning to Kampuchea Krom. He headed toward National Road 2 where he could travel to Kampuchea Krom, but after walking for 10 days and arriving in , Trapeang Sab (Takeo province), he was told that "whoever came from Kampuchea Krom, when we reached the border, we would be killed ... I decided to remain in Trapeang Sab for a few days."). 707 SOEUN Sovandy Testimony 4 June 2013, ERN 00918649. 708 Oral testimony of Aun Phally, T., El!197.1, ERN 009l6525at lines 4-18; Oral testimony of Aun Phally, T., El!197.1, ERN 00916525; Civil party application of 09-VU-03442, E3/S028, ERN 00856566, ("The Khmer Rouge roundedup soldiers including my brother-in-law, SIN Sei, in the rank of major, saying that they had them go to receive Samdech Ouv. They rounded up teachers, saying that they had them go to teach. They rounded up cadastral officers, saying that they had them go to measure the land. Those who had gone disappeared. In fact, they were taken to be Smashed (killed) in Chub, Memot and Chamkar Leu, Kampong Cham province."). 709 Civil Party Application E3/4994, page 4, (lTD Draft version), (stating that: "my three brothers, pay Pav, pay Heng and pay Nguon, who were civil servants and students, knew the Khmer Rouge were searching for educated people and those who used to work in the old regime for execution, so they then fled the village. They have since disappeared, and I have never received any information about them."); and Civil

Civil Parties Closing Brie/to Case 002101 00948936 E295/6/2 002/19-09-2007 -ECCC/TC

Party Application of_, E3/5112, page 8, (lTD Draft version), (stating that: "my older brother, NAo Vutha was arrested by unknown Khmer Rouge because he had been accused of being an intellectual. He was sent to Banan () Prison. He died because of torture in the prison."); Civil Party Application of_, E3/5112, page 8, (lTD Draft version), (stating that: "my older brother, NAo Vutha was arrested by unknown Khmer Rouge because he had been accused of being an intellectual. He was sent to Banan ( ) Prison. He died because of torture in the prison.") ; 710

711 Civil Party Application of_, E3/4860, page 4, (lTD Draft version), (stating "[My father] once was a soldier with a rank of captain. He was arrested, beaten and detained. They interrogated and severely tortured him until he died at the back ofthe . . Civil . of_, D22/337, ERN 00864529; Civil party application of 09-VU-04246, D22/3632, ERN 00893505, ("When my family arrived at Kampong Luong Commune in Kandal Province, four Khmer Rouge soldiers - whom I did not know - equipped with rifles, came to arrest my father. Later on, they took my father to be executed near the forest in Kampong Luong Commune, Kandal Province."); Civil Party Application of_, E3/4772, page 4, (lTD Draft version), (stating that: "Three days later, my mother heard some militiamen say my father was imprisoned at Tuol Sangkae. [ ... ] When we arrived there, we saw our father shackled by his hands and ankles. He left a final message saying, "Do not tell your mother that tomorrow all the prisoners will be taken away and thrown into the valley of Bokor."" ; Civil Party Application of_, E3/5043, page 6, (lTD Draft version), (stating that: "My younger brother, YONG Yan, was a former soldier with the rank of Captain under the LON Nol regime. While we were in Kien Svay, one of our neighbors (I do not remember his name) invited him to return to Phnom Penh, but my mother told him not to go because many people had been killed during that time. He did not listen to my mother and, later on, perhaps during May 1975, he went back with those people to Phnom Penh. He has been missing since."); Civil Party Application, E3/4919, page 5, (stating that: "The Khmer Rouge announced, "Comrades who used to be soldiers, teachers, doctors and government officials will be sent for education. After the education, you will be promoted." My husband CHiN Kim Sun, a former lieutenant was sent for education. Since then I have not heard from him at all."). 712Ibid, ERN EN 00918644, lines 6-9. 713 See Written OCI] Record ofInterview ofE3/5547 [D246/15], _, ERN EN 00388620-003886121. Civil Party Application and Supplementary Statement of E3/5547 [D22/102], _., ERN KH00384361- 00384367, D22/102/1 00358231-00358233. Written OCI] Record of Interview of E3/5545 [D246/13] _ _ ERN EN 00387501-00387502 ("In 1977, the Angkar began to screen the population; those suspected of being Kampuchea Krom Khmers were sent with families to TuolSchNhov located in KhnarTotueng about two kilometers away from here. Thousands of Kampuchea Krom Khmers were gathered from Roung Ta Kok Village, Rumlech Village, BakMeaek Village, KhnarTotueng Village, to be killed."). 714 Civil Party Application of D22/271 ~RN KH00426975-00426976,("[M]y wife was taken ahead to be killed. She was taken with a large group of around 1,000 people .... Since it was a mixed group, they were asking questions, as a process of screening .... These screenings were ordered from higher ranks. In 1978, 15 days after my wife was killed, the Khmer Rouge forced me to remarry.") ; also see Civil Party Application and Supplementary Information of E3/4929 _ ERN EN 00940134 (civil party was forcibly remarried to a central Khmer at the age of 16). 715 Ibid, ERN EN 00918650 at lines 7-11. 716 Written OCI] Record ofInterview ofE3/5547 [D246/15]_, ERN EN 00388620-003886121 7l7Written OCI] Record of Interview ofE3/5546 [D246/14]_, ERN EN 00387496 ("I remember that this Kampuchea Krom family was arrested and brought from PralayRumdeng village. They were about 6 to 7 members in the arrested family. All were female ... all of those people were killed, except one who was used as a cook for the KR military at the main prison .. Her name was Vinh. She told me that she was raped by the KR soldiers. Later on, she disappeared and I found her body in the Cassava plantation about 50 meters from the prison".). ".); and Written OCI] Record ofInterview of E3/5545 _ ERN 00387501-00387502 ("In 1977, the Angkar began to screen the population; those suspected of being Kampuchea Krom Khmers were sent with families to TuolSchNhov located in KhnarTotueng about two kilometers away from here. Thousands of Kampuchea Krom Khmers were gathered from Roung Ta Kok Village, Rumlech Village, BakMeaek Village, KhnarTotueng Village, to be killed."). 7l8S0EUN Sovandy Testimony 4 June 2013, ERN EN009l8665, at lines 16-22.

Civil Parties Closing Brie/to Case 002101 00948937 E295/6/2 002/19-09-2007 -ECCC/TC

719 Civil Party Application of_, E3/5011, page 7, (lTD Draft version), (stating that: "Later, I met [my] two older brothers, Sroeun ( ) and Srorn ( ). I saw them then being walked out of the village. They told me they were being sent to a new Cooperative, but, at the time, I was thinking they were being taken away for execution. I have no idea where they were taken, and there has been no information about them since.") ; Civil Party Application ofSOEUN Sovandy, E3/5744, page 7, (lTD Draft version), (stating that: "those people, who had been arrested and tortured, disappeared from the worksite for unknown reasons") ; Civil Party Application of _, E3/4925, page 4, (lTD Draft version), (stating that: "In 1977, my older brother, Pan, aged around 20, and my older sister, Van, aged around 20, were Chiefs of Mobile Squads. They were instructed to work at the bases and have disappeared since."); Civil Party Application of_, D22/3862, page 8, (lTD Draft version), (stating that: "It took us the morning to arrive at Chiimkar Sak Buon Prison, in Doun Yay Commune, Chhuk District. I was stunned because I had never seen it. As soon as I entered the prison, I saw prisoners lying on their beds placed in rows. There were 30 to 40 beds in each row. The prisoners could not move because they were handcuffed, so, under the beds, were solid waste and urine, just like in hell. Back then, I was only seven years old. My tears fell as soon as I stepped into the prison. It was like hell. I was imprisoned there for a year. During the detainment, unlike the other prisoners, I was not handcuffed. I received one plate of porridge for each meal. I was still hungry, and I urinated and pooped in the prison.") ; Civil Party Application ofYUOS Phal, E3/5733, page 3, (stating that: "Sometimes, I saw them arrest ten people, tie them up and walk them to be killed in the forest behind the village."); Civil Party Application of_, E3/4921, page 6, (stating that: "Ms Navy SOTH's mother was arrested by the Khmer rouge and accused of spying.") ; Civil Party Application of _, E3/4921 , page 6, (stating that: "Ms Navy SOTH's father disappeared with two soldiers, and was never heard from again. She could hear screams and see traces of blood.") ; Civil Party Application of_ 11'-1, E3/4944, page 6, (stating that: "[my brother] was arrested [ ... ] My father [ ... ] was captured") . Civil Party Application of_, E3/4860, page 4, (lTD Draft version). See also Civil Party Application of_, E3/5112, page 8, (lTD Draft version), (stating that: "my older brother, NAo Vutha was arrested by unknown Khmer Rouge because he had been accused of being an intellectual. He was sent to Banan ( ) Prison. He died because of torture in the prison. [ ... ] my parents had been executed in Takeo Province (unknown village, commune or district) because my father, NAo Nam ( ) had been a former soldier in the LON Nol ( ) regime."). 721 Civil Party Application of_, E3/4921, page 5 (lTD Draft version). 722 Oral Testimony of Civil Party, HUO Chanta,ElI198.1, ERN 00917284. 723 Supplementary information of civil party applicant, D22/3531a, ERN 00858919-20. 724 Civil Party Application of_, E3/4828, pages 6-7, (lTD Draft version), (stating that: « When I first saw my older sister, I could hardly recognize her as she looked skinny and pale; her knees were bigger than her head. Such a tragic situation did not happen to my older sister alone. All the other people were just the same. ») , page 7 (stating that: «my older sister, TIM Thavi, and my younger sisters, TIM Thavari and TIM Vuthy, had died because they did not have enough food to eat. Due to so much hunger, they picked and ate wild fruits, duk dul ( ), so they were poisoned and died one by one in early 1978. ») ; Civil Party Application of _ _ , E3/5045, page 7 (lTD Draft version), (stating that: «one of my younger sisters, called MUY Tieng (~W ru ttl w), died from gangrene without treatment and of starvation. ») ; Civil Party Application of. _, E3/5016, page 7, (lTU Draft version), (stating that: «In 1976, my mother died because the Khmer Rouge ordered her to carry earth three days after she had given birth and because she was starved. ») ; Civil Party Application of SOEUN Sovandy, E3/5744, page 7, (lTD Draft version), (stating that: «Because of starvation and doing hard labour without rest, most of the people fell ill and some of them became frail ») ; Civil Party Application of_, E3/4955, page 7, (lTD Draft version), (stating that: «Food in the Mobile Dnit was insufficient. It was provided twice a day. A can of rice was shared among six to eight persons per meal. Her Dnit Chief said, '''new people' would be eliminated completely by rice grains rather than sticks." ») ; Civil Party Application of_, E3/4952, page 9, (ITU Draft version), (stating that: «her daughter died of starvation. ») ; Civil Party Application of_, E3/4925, page 4, (lTD Draft version), (stating that: « In mid-l 977, my father, Khaun, passed away because he did not have enough to eat and was not provided proper treatment when he was sick. One day, after my father's death, my mother also died of the same disease») ; Civil Party Application of CHAN Socheat, E3/5109, page 8, (lTD Draft version), (stating that: « One of my younger sisters died of starvation. ») . 725 Civil Party Application of_, E3/4955, page 7, (lTD Draft version). 726 Civil Party Applicationapplication of SOT Seam, D221106, ERN: EN 00446581 on 19 March 2008. See also Oral testimony of Civil Party, LAY Bony, T., ElI137.1, 23 October 2012, ERN 00857069 ("For each person, we was given one can of rice per day so as we had four members in our family, we got four cans of rice."); See also Civil Party Application of_ D221106, ERN: EN 00446581 on 19 March 2008; See also Civil Party

Civil Parties Closing Brie/to Case 002101 00948938 E295/6/2 002/19-09-2007 -ECCC/TC

Application of_, E3/4828, page 6, (ITU Draft version), (stating that: "We did not have enough food but had to work eight to ten hours per day.") ; Civil Party Application ofKUN Sovatha, E3/4833, page 4, (ITU Draft version), (stating that: "Because the Khmer Rouge offered only watery porridge, my parents sometimes sneakily stole pig feed."), (stating that: "In the Khmer Rouge regime I witnessed many nerve-racking events, including cruel murder and labour exploitation by the provision of insufficient food. We received only watery porridge for meals, and we worked from morning until evening without rest.") ; Civil Party Application of _,E3/4851, page 4, (ITU Draft version), (stating that: "Without sufficient food, I became seriously sick; I became unconscious. It took me three months after my recovery to be able to go back to work again.") ; Civil Party Application of_ E3/4909, page 6, (ITU Draft version), (stating that: "We were instructed to work on the farm but were not given enough food.") ; Civil Party Application of_, E3/5100, page 8, (ITU Draft version), (stating that: "I received a plate of rice in the harvest season and a scoop of porridge in the rainy season. I became skinny.") ; Civil Party Application of_, E3/5037, page 7, (ITU Draft version), (stating that: I also suffered a lot due to the unavailability offood. I became tired and sick") ; Civil Party Application of_, E3/4836, page 7, (ITU Draft version), (stating that: "The Khmer Rouge cadres forced the new 1975 People] to work days and nights without enough food."); Civil Party Application of E3/4994, page 4, (ITU Draft version), (stating that: "I [ ... ] was given only 300 grams of un-milled rice or wheat per day. Sometimes, two cans of milled rice were provided and shared among ten people per day.") ; Civil Party Application of SOEUN Sovandy, E3/5744, page 7, (ITU Draft version), (stating that: "Because of starvation and doing hard labour without rest, most of the people fell ill and some of them became frail") ; Civil Party Application of_, E3/4955, page 7, (ITU Draft version), (stating that: "Food in the Mobile Unit was insufficient. It was provided twice a day. A can of rice was shared among six to eight persons per meal. Her Unit Chief said, '''new people' would be eliminated completely by rice grains rather than sticks."") ; Civil Party Application of_ D22/2218, page 7, (ITU Draft version), (stating that: "With regard to food rations, at first, I was given one and a half cans of un-milled rice per day and some salt. After pounding the one and a half cans of un-milled rice, I had only one can of milled rice. [ ... ] After working there for a period, I was not given any food. Later, the Khmer Rouge stopped distributing un-milled rice but only [gave us] rice bran. I was given two cans of rice bran per meal. At that time, my youngest daughter, TUM Srei Nget, fell seriously ill. Because she did not have any food to eat for many days") ; Civil Party Application of_, E3/4925, page 4, (ITU Draft version), (stating that: "In mid-l 977, my father, Khaun, passed away because he did not have enough to eat and was not provided proper treatment when he was sick One day, after my father's death, my mother also died of the same disease") ; Civil Party Application of _, D22/3862, page 7, (ITU Draft version), (stating that: "my younger brother, named KIN Thiing, was only three years old. He died in the village due to the long journey, insufficient food and unavailable medical treatment."); Civil Party Application, D22/3286a, page 9, (ITU Draft version), (stating that: "We were hungry; we needed anything. Small children became emaciated, sick, and suffered from diarrhoea and fever; they had saddened faces; they asked for food and snacks, and some of them died one after another."); Civil Party Application ofYUOS Phal, E3/5733, page 3, (stating that: "They were allowed to eat only a small dish of grueL") ; Civil Party Application of_, E3/4722, page 6, (stating that: "[my children] never had enough foods") ; Civil Party Applic~, E3/4947, page 6, (stating that: "Because of malnutrition stemming from an insufficient food regime, my child became sick and suffered from oedema") ; and Civil Party Application ofPAU Dina, E3/4721, page 5, (stating that: "There were not appropriate shelter, not enough water and food, and no medicines when people were sick etc ... "). 7270ral Testimony of Civil Party, LAY Bony, El!138.1 ERN 00857286. 7280ral Testimony of Civil Party, CHAU Ny, El!146.1 ERN 00866740. 729 Civil party application of_09-VU-02l68, D22/3081, ERN 00893426, ("In 1975 at the time of the evacuation, my son Van Hai Huon, who was about 1 year and a half, died of starvation when we arrived at our hometown."); Civil Party Application of_, E3/5045, page 7 (ITU Draft version), (stating that: "one of my younger sisters, called MUY Tieng, died from gangrene without treatment and of starvation."); Civil Party Application of_, E3/4952, page 9, (ITU Draft version), (stating that: "her daughter died of starvation.") ; Civil Party Application of_, E3/4925, page 4, (ITU Draft version), (stating that: "In mid-1977, my father, Khaun, passed away because he did not have enough to eat and was not provided proper treatment when he was sick One day, after my father's death, my mother also died of the same disease") ; Civil Party Application of CHAN Socheat, E3/5109, page 8, (ITU Draft version), (stating that: "One of my younger sisters died of starvation.") ; Civil Party Application of_ E3/5023, page 7, (stating that: "my father died due to overwork and starvation. Civil Party Application of LIN Nhak, E3/5023, page 7, (stating that: "my father died due to overwork and starvation. During the following year, i.e. 1976, my grandmother died due to starvation")

Civil Parties Closing Brie/to Case 002101 00948939 E295/6/2 002/19-09-2007 -ECCC/TC

730 Civil Party Petition of D22/18, ERN 00239761, ("I delivered a baby bOY,without receiving any medical care or food"); Civil Party ApplicationapplicationApplication of ,D22/2011, ERN: 00890962 1 Oct 2009 ("When we arrived [at the cooperative], they gave my family a hut and assigned us to work. I was assigned to water vegetables, while my husband was sent ot the climbing-palm-tree group. Children were instructed to collect cow dung and to clear-up tuntretkhet plant."); Civil Party Application of _, D22/29S3, ERN EN: 00871750, 30 April 2010 (("At Roka Khpos Village, the Khmer Rouge separated us and assigned my older sister SAM Veasna and I to go to work in Tuol Krasang, S'ang District, Kandal Province."); and Civil Party Application of_, E3/S004D22/2947, ERN EN: 00871743 (",30 Apr 2010 ( "The unit chief, named Hom, sent some children to make rice field paths ... and to make dikes .. Each child was repsonsible for digging soil 10 meters long and 1 meter wide each day. They had to complete the job by working day and night. During the nighttime, theyu lit a torch to illuminate the worksite. Because the workload increaed, there was no break time, and there was insufficient food; many children got sick and some died."). 731 Civil Party Application of_D2211794, ERN EN: 00890958, 1 Ju12009, ( " Civil Party Application of_, E3/482S, page 4, (ITU Draft version), (stating that: "When we were sick, there was no medicine besides rabbit-dropping medicines. Regardless of the cause of our sickness, we always took such medicines" ; Civil Party Application of_, E3/4828, page 6, (ITU Draft version), (stating that: "When we were sick, there was no medicine. There were only rounded medicine tablets, not made to any standard. Consequently, many people there fell sick and were worn out, while some died." ; Civil Party Application of_, E3/4911, page 4, (ITU Draft version), (stating that: "After being in the hospital for a week, I received no proper medication, and there was no doctor. I was given only some small pills.") ; Civil Party Application of_, E3/S04S, page 7 (ITU Draft version), (stating that: "one of my younger sisters, called MUY Tieng, died from gangrene without treatment and of starvation.") ; Civil Party Application of _, E3/492S, page 4, (ITU Draft version), (stating that: "In mid-l 977, my father, Khaun, passed away because he did not have enough to eat and was not provided proper treatment when he was sick. One day, after my father's death, my mother also died of the same disease") ; Civil Party Application of_, D22/3862, page 7, (ITU Draft version), (stating that: "my younger brother, named KIN Thiing, was only three years old. He died in the village due to the long journey, insufficient food and unavailable medical treatment.") ; Civil Party Application ofPAU Dina, E3/4721, page 5, (stating that: "There were not appropriate shelter, not enough water and food, and no medicines when people were sick etc ... "); Civil Party Application of_ D2211794, ERN EN: 00890958, 1 Ju12009, ("My mother, uncle, aunt and seven nephews and nieces ... were forced to overwork and when they were sick, they did not receive any medical treatment."); and Civil Party Application of D22/2011, ERN EN: 00890962, 1 Oct 2009 ("I was very skinny (my knees were bigger than my head). I was forced to work extremely hard ... [we] were as 17 April People. [We] were investigated by the Khmer Rouge spies."); Civil Party Petition of E3/4671, ERN: 00239761 ("After many days of the slow procession [ ... ] Three days later, [at the cooperative] I delivered a baby boy, without receiving any medical care or food. My mother exchanged valuable things for rice, but it was not enough. One month later, I was forced into intensive labour."). 732 Civil Party Petition of D22118, ERN 0023976l. 733Civil Party Application of D2211242, ERN EN: 00891216,31 August 2009 ("During the dry season, in 1977, due to starvation and being forced to work hard, I became sick and almost died. My body was only skin and bones. My skin turned blue I was hospitalized at Ponley Hospital for more than a month. There was only 'rabbit dropping medicine' to take and coconut juice for injections. My food ration was reduced. I received only a scoop of porridge per meal."); and Civil Party Application of_, E3/4697D221143, ERN EN: 00402949,3 August 2009 ("In January 1976 [ ... ] [, ... [1 was] sent to join a mobile work brigade to build StuengSaen dam. I had worked there until I had severe malaria. I was not allowed to take leave. They asked me to take medicine made from tree roots which looked like rabbit's shit and used medicine stored in Coke bottles to inject me. I was all skin and bone."). 7340ral Testimony of Civil Party CHAU Ny, ElI146.1 ERN 00866750. 735 Civil Party Application of_, E3/4836, page 7, (ITU Draft version), (stating that: "The Khmer Rouge cadres forced the new people [17 April 1975 People] to work days and nights without enough food.") ; Civil Party Application of_ E3/S023, page 7, (stating that: "[In Children's Unit]I was forced to overwork doing [tasks] such as rice transplanting, digging canals, raising dams, removing tree trucks and etc. We had to start work from 7 a.m. in the morning until 11 a.m., when we were allowed to receive a bowl of watery rice porridge. We then started work again from 2 p.m. until 5 p.m."); Civil Party Application ofYUOS Phal,

Civil Parties Closing Brie/to Case 002101 00948940 E295/6/2 002/19-09-2007 -ECCC/TC

E3/S733, page 3, (stating that: "The old base people started to force villagers to do hard work. No one was allowed to be free. They even had children join mobile units and collect cow dung. Day after day, the work became harder and harder. Some people became thin and almost skinny because they worked without rest.") ; Civil Party Application of_, E3/4828, page 7, (ITU Draft version), (stating that: "My body became swollen at the time.") ; Civil Party Application of_, E3/S037, page 7, (ITU Draft version), (stating that : "During September 1975, due to the sever lack offood, my father became sick, and his body was swollen."); and Civil Party Application of_ D22/2218, page 7, (ITU Draft version), (stating that: "A month after my youngest daughter died [.. TUM Srei Pech, fell ill, her body became swollen.") . 736 Civil Party Application of E3/4947, page 6. 737 Civil Party Application of E3/S04S, page 7 (ITU Draft version). 738 See Civil Party Petition of D22116, ERN 00238410, ("we were ordered to be separated for the purposes oflabour.");Civil party application of_, D221140, ERN 00404243, ("the Khmer Rouge separated me from my family members"); Supplementary information of civil party applicant/Document d'information supplementaire de partie civile, D2211306a, ERN 00853101, ("After the Khmer Rouge liberated Phnom Penh in 1975, my mother and 1 were separated from my father and both my older sisters"); Civil Party Application of_, E3/4828, page 5, (ITU Draft version), (stating that: "The people were divided into groups. Old people were grouped together; women were put in another group, while male and female youths were grouped separately. Boys and girls were grouped separately while babies were grouped together. Even the eating conditions of each group of people were different. ; Civil Party Application of_, E3/4829, page 5, (ITU Draft version), (stating that: "Like other families, my family stayed in the cooperative and waited to be divided into groups by Angkar. My family stayed in the cooperative for five days. At the time, my older sister, SENGKIM Somali ( ), was assigned to join a mobile unit while my father was sent to be re-educated as he had worked in Phnom Penh. In fact, they cheated us. [ ... ] My younger brother, SENGKIM Phirun, stayed with an old woman in a unit responsible for taking care of babies so that my mother could go to work. They set completely rigid plans. To be given porridge rations, everybody had to work. Only babies needing to be breastfed were allowed to be free. I was ordered to stay with a teacher, Hing ( ), and I picked up cow dung and cut plants."); Civil Party Application of_, E3/4836, page 4, (ITU Draft version), (stating that: "At first, my family members lived together. Later, my elder sisters and brothers were segregated because they were grown-ups, so they were assigned to handle hard work including digging canals, building dams and transplanting rice.") ; Civil Party Application E3/S100, page 8, (ITU Draft version), (stating that: "At that young age, I was assigned by the Khmer Rouge to deliver meals for youths who were building the Doun Ak Dam After staying there for a month and a half, my family was sent by train for a day and a night to Banteay Meanchey Province. As soon as we had arrived there, the 'base residents' took us by ox cart to Tean Kam Village, Rohal Commune, Preah Netr Preah (District, Banteay Meanchey Province. They separated me from my family. I was put in a Children's Unit responsible for collecting rice grains.") ; Civil Party Application of _ _ D22/3862, page 7, (ITU Draft version), (stating that: "I was put in a Children's Unit while my parents were assigned to a Mobile Unit in the "). 739 Civil party application D22/337, ERN 00864529. 740 Civil party application VU-00038, D2211246, ERN:00893358. 741 Civil Party .. . of_, E3/4837 D2211339, ERN EN: 00891226 ("The same year, 1976, my brother, SUON Mech, aged 8 years old, another brother, SUON Map, aged 3 years old, and a sister, SUON Moch, aged 2 years old, died of hunger one after the other. I had to live alone after all my family members had died"); E3/4774, ERN 00850912 ("In 1977, due to lack offood, my mother and my two children became sick and died. At that time, we were forced to do hard work without enough food."); Civil Party Application of_, E3/47S6, ERN 00864563 ("I was offered the smallest amount offood and worked the hardest. At that time, not only I, but also others lost weight due to insufficient food, and members died one after another."); Civil Party Application of_, E3/4836, page 4, (ITU Draft version), (stating that: "One day, while I was taking a bath in a pond after returning from finding firewood, I saw a corpse on the bank.") ; Civil Party Application of_, E3/S112, page 8, (ITU Draft version), (stating that: "my older brother, NAo Vutha was arrested by unknown Khmer Rouge because he had been accused of being an intellectual. He was sent to Banan () Prison. He died because of torture in the prison.") ; Civil Party Application of_, E3/4921 , page 5, (stating that: often saw corpses, some of them mutilated, as she walked along the road."); Civil Party Applicallon E3/4828, page 6, (ITU Draft version), (stating that: "my youngest brother, Kamsot, had died") ; Party Application of_, E3/4829, page 5, (ITU Draft version), (stating that: "In late 1975, many people died one by one. Some were starved, some were sick, and there was no medicine. [ ... ]. During the rainy season in 1976, so many people died so that they could not be carried to be buried on time. Consequently, they used carts to collect the dead bodies from houses to throwaway in big pits in the forests. They could not dig enough pits and there was lack of people to carry the

Civil Parties Closing Brie/to Case 002101 00948941 E295/6/2 002/19-09-2007 -ECCC/TC

dead bodies. [ ... ] The people were sick and hungry so they died continuously as if a chicken had died of illness.") ; Civil Party Application of_, E3/5042, page 10, (ITU Draft version), (stating that: "A lot of people died at that time. Corpses were buried every day"). 742 Civil Party Application of_, D22/3862, page 7, (ITU Draft version). 743 Answers of DUCH to the 13 Written Questions of the Co-Investigating Judges E3/15, ERN 00251383. 7442nd Written Record ofInterview of Witness CHHOUK Rin, E3/362, ERN EN 00268896. 7450ral Testimony ofNUON Chea, E1!220.1, 9 July 2013, ERN 00937458. 7460ral Testimony of SUM Chea, El!140.1, 5 November 2012, ERN 00859496. 747 CPK Standing Committee Document entitled "Minutes on the Standing [Committee's] visit to Northwest Zone, August 20-24 1975", E223/217/1.1, p.2. 748 Examination of the Control and Implementation of the Policy Line on Restoring the Economy and Preparations to Build the Country in Every Sector" [Document No 3, Six Secret Centre Documents], 19 September 1975, E3/781, pp.22-23. 749 Examination of the Control and Implementation of the Policy Line on Restoring the Economy and Preparations to Build the Country in Every Sector" [Document No 3, Six Secret Centre Documents], 19 September 1975, E3/781, pp.22-23. 750 See e.g. Oral testimony of AUN Phally, T., El!197.1, 27 May 2013, ERN 00916525 at line 20 ; Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party LAY Bony, E3/3958, p.5; Civil party application of _, E3/47539, p.3. 751 Written Record ofInterview of Civil Party PECH Srey Phal, E3/3970, pp. 5-6; Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party LAY Bony, E3/3958, p.5. 752 Oral testimony ofYIM Sovann, T., El!135.1, 19 October 2012, ERN 00855716 at line 18 ; Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at line 14; Civil party application of_ E3/4872, p.3; Civil party application CHHIM Oeun, E3/4753, p.4; Civil party application ofEL Yas, E3/4975, p. 4. 753 Written Record ofInterview of Civil Party PECH Srey Phal, E3/3970, pp.5-6; Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party _, D296/8, pp.4-5; Written Record of Interview of Civil Party _ D246/16, ERN 00400466; Written Record of Interview of Civil Party LAY Bony, E3/3958, p.5; Written Record of Interview of Civil Party _ D217/3, ERN 00353702; 1st Written Record ofInterview of Civil Party YIM Sovann, D246/4, p.6. 754 Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party D217· Written Record ofInterview of Civil Party LAY Bony, E3/3958, p.6. 755 Civil party application of E3/4730, p.6; Civil party application of_, E3/5005, p.4 (stating that thousands of people were sent "to go and stay at Pochentong to wait/or a train to pick us up"). 756 Oral testimony of OR Ry, T., El!146.1, 23 November 2012, ERN 00866682 at lines 12-24. 757 Written Record ofInterview of Civil D217/3, ERN 00353704-00353705. 758 See e.g. Civil party application of E3/5108, p.7. 759 Oral testimony of Mr. Soeun Sovandy, T.; E1!200.1, 4 June 2013, ERN 00918649 at lines 20-22. 760 Written Record of Interview of Civil Party AFFONCO Denise, E3/3976 p.2; Written Record of Interview of Civil Party D217/2, p.3; Written Record ofInterview of Civil Party _, D296/8, p.3; Written Record of Interview of Civil Party LAY Bony, E3/3958, p.3; Written Record of Interview of Civil Party YIM Sovann, D246/4, p.3 761 Given the scope of the current trial which explicitly excluded the hearing of Cham witnesses and civil parties as well as related experts testimonies during the substantive hearing based on the severance order, this evidence has not been analyzed in the present closing brief. According to a Chambers decision the crimes committed against the Cham ethnic group will be the subject of a subsequent trial. 762 Several other Civil Parties relate similar evidence of family members and killed because of their purported association to the Lon Nol regime. See Civil Party Application of E3/4730, p.l; Civil Party Application of _, E3/5032, p.3 (testitying that her Krom band and five members of his family were killed for being Lon Nol officers; they had been peasants);Civil Party Application of _, E3/4736, ERN 00866806 (brothers killed on accusation of having been Lon Nol soldiers); Civil Party Application of_, E3/4987, ERN 00873677 (testitying that her husband, who was a former Lon Nol soldier and accused of CIA affiliation, was burned to death); Civil Party Application of _ E3/S029, ERN 00940156-00940159 (witnessed execution ofa group accused of having "Lon Nol tendencies"); Written OCI] Record of Interview of _, E3/5546, ERN 00387495- 00387497; and Civil Party Application of_, E3/7425, ERN 00426739.

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763 Civil Party Application and Supplementary Statement of of_, E3/4726, ERN 00426753-00426760. 764 See The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1S93, ERN 00678495, 2007 (hereinafter "The soldiers were Khmer Krom, or Lowland Khmers, members of Vietnam's million-strong ethnic Khmer minority. Recruited by US Special Forces in the 1960s to fight communism in the Mekong Delta of South Vietnam, thee troops had developed into an independent force opposed to all Vietnamese. Trained for the American unit known as MIKE Force, they became instead the 'White Scarves"'). 765 Civil Party Application of_, E3/4726, ERN 00426759. 766 Written Record ofInterview of Civil Party KONG Vach, D296/8, ERN 00893421-00893423; Written Record of Interview of Civil Party D217/3, ERN 00353702. 767 Civil party application of E3/S006, ERN 00893421 (stating that "the names of heads offamily were called when the boat arrived and moored in front ofthe Royal Palace") 768 Oral testimony of LAY Bony, T., El!137.1, 23 October 2012, ERN 00857076 at lines 4-9; Written Record of Interview of Civil Party _ D217/3, ERN 00353702-00353703; Written Record of Interview of Civil party YIM Sovann, D246/4, ERN 00379314; Civil party application of _ E3/46SS, ERN 00892762; Written Record ofInterview of Civil Party _, E3/46S4, ERN 00400466 (stating "A few months later, my family and I were sent to Battambang. [ ... ] The Khmer Rouge told us that there was a lot of rice for us and we could work in plantation in Battambang."); Civil party application of _ ' E3/46SS, ERN 00892762 (stating "After I had lived in Takeo for around four months, [end August 1975] I was transported by the Khmer Rouge to Battambang. [ ... ] I was told there was a lot of rice in Battambang, so all the people were to be moved there.") 769 Oral testimony of PIN Yathay, El!170.1 2013, ERN 00888656 at lines 16-21 ; Written Record ofInterview of Civil Party D217/2, ERN 00353486. 770 Written Record of Interview of Civil Party D217/3, ERN 00353704; Written Record of Interview of Civil Party YIM Sovann, D246/4, ERN 00379314. 771 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868399 at line 3. Supplementary information of civil party applicant, E3/4893, ERN 00851263. 772 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871268 at lines 16-17. 773 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 4-9 (stating that "at that time the situation was chaotic and confusing. No knew what was . '). 774 Written Record ofInterview of Civil Party D296/6, ERN 00421060. 775 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916548 at line 19. 776 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871245 at line 6 ; See also Civil party application of_, E3/S0S4, ERN 00840076. 777 Oral of CHAN Socheat, T., El!198.1, 29 mai 2013, ERN 009170-00917270; Civil party application of E3/S108, ERN 00571041. 778 Oral testimony ofPECH Srey Phill, T., El!148.1, 5 December 2012, ERN 00868152 at line 4; Oral testimony of LAY Bony, T., El!138.1, 24 October 2012, ERN 00857251 at line 24. 779 Oral testimony ofPECH Srey Phill, T., El!148.1, 5 December 2012, ERN 00868159 at lines 6-9. 780 Oral testimony of LAY Bony, El!137.1, 23 October 2012, ERN 00857252-53. 781 Oral testimony of LAY Bony, T., El!137.1, 23 October 2012, ERN 00857075 at lines 6-8 ; Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917723 at lines 9-1O(stating that «those who were considered the 17 April People had to leave, even though we begged them not to move us anymore») ; Oral testimony of AUN Phally, T., El!197.1, 27 May 2013, ERN 00916536 at line 15 ; Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871267 at lines 12-14 (stating that "the place was overflowing with people. [ ... ] there were people from Phnom Penh and there were people who had already arrived prior to our arrival."). 782 Oral testimony of OR Ry, T., El!14S.1, 22 November 2012, ERN 00865838 at lines 5-6; Written Record ofInterview of Civil Party _ D217/3, ERN 00353702. 783 Oral testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855714 at lines 20-21. 784 Oral testimony ofPECH Srey Phill, T., El!148.1, 5 December 2012, ERN 00868147 at lines 6-12. 785 Oral testimony of PECH Srey Phill, T., El!148.1, 5 December 2012, ERN 00868145 at lines 9-12 ; Oral testimony of SOP HAN Sovany, T., El!199.1, 30 May 2013, ERN 00917676 at lines 7-10. 786 Written Record of Interview of Civil Party _ D217/3, ERN 00353702; Written Record of Interview of Civil Party PECH Srey Phal, E3/3970, pp.5-6; Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.3 and 6; Written Record ofInterview of Civil Party LAY Bony, E3/39S8, p.3 and 6; Written Record of Interview of Civil Party _, D278/2, p.3; Written Record of Interview of Civil Party _ D246/16, ERN 00400463; Written Record ofInterview of Civil Party YIM Sovann, D246/4, p.3 and 5.

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787 Civil party application of_, E3/S020, ERN 00893426. 788 Oral testimony ofPECH Srey Phill, T., El!I4S.I, 5 December 2012, ERN 00868145 at lines 9-16. 789 See e.g. Oral testimony of CHAU Ny, T., El!I46.1, 23 November 2012, ERN 00866732 - 00866764; Oral testimony of CHAN El!19S.1 29 mai 2013, ERN 00917256 at lines 4-6. 790 Civil party application E3/S10S, ERN 00571037. 791 Oral . of 1, 22 November 2012, ERN 00865840 at lines 1-2; Civil party application of E3/S10S, ERN 00571038 (stating that "once inside the truck packed in with other people, back to back, with no room to move around, one of the Khmer Rouge soldiers zipped a cover and sealed the truck, so we hardly saw anything outside the truck. My father was able to stand up and look through a small hole near a corner (cover). An hour later he whispered to my mother that we were not going to Phnom Penh but somewhere else"). 792 Oral testimony of SOP HAN Sovany, T., El!I99.1, 30 May 2013, ERN 00917676 at lines 14-16. 793 Civil party application of SEN Sophon, E3/4S21, ERN 00916889-00916890. 794 Oral testimony ofPECH Srey Phill, T., El!I4S.I, 5 December 2012, ERN 00868148 at lines 7-13. 795 Oral testimony of CHAN Socheat, T., El!I9S.1, 29 mai 2013, ERN 00917256 at lines 18-22. 796 Written Record of Interview of civil party _ D217/3, ERN 00353702 (stating that "the Khmer Rouge local leaders gathered the villagers and held a meeting during which they said that the people would be sent to Pursat province"); Civil party application of _ E3/46S4, ERN 00446581 (stating that "commune cadre and head of cooperatives" ordered his and ten other families to move to Battambang). 797 Oral testimony of LAY Bony, T., El!13S.1, 24 October 2012, ERN 00857266 at lines 8-9; Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, pp. 6-7; Written Record of Interview of Civil Party YIM Sovann, D246/4, p.7; Written Record ofInterview of Civil Party KEANG Vannary, D217/2, p.7; Written Record of Interview of Civil Party _, D296/S, p.6; Written Record of Interview of Civil Party LAY Bony, E3/39SS, p.7; Written Record of Interview of Civil Party _ D246/16, pp.6-7; Written Record of Interview of Civil Party LAY Bony, E3/39SS, p.5-7; Written Record ofInterview of Civil Party_ D217/3, ERN 00353702- 00353703 ; Written Record of Interview of Civil Party YIM Sovann, D246/4, p. 7; Written Record of Interview of Civil Party _ D246/16, p.8; Written Record of Interview of Civil Party KONG Vach, D296/S, p.5; Civil party application of_, E3/S006, ERN 00893421; Written Record of Interview of Civil Party Denise AFFONCO, Written Record of Interview of Civil Party LAY Bony, E3/39SS, pp.6-8; Civil party application of E3/4714, ERN 00434306 ; Supplementary information of civil party applicant, E3/4S93, ERN 00851264. 798 Written Record ofInterview of Civil Party _ D217/3, ERN 00353702. 799 Oral testimony of OR Ry, T., El!I4S.1, 22 November 2012, ERN 00865839 at lines 17-18. 800 Civil party application of_, E3/S00S, ERN 00871751. 801 Written Record ofInterview of Civil Party _ D217/3, ERN 00353702 (describing that in the pre evacuation meeting that the Khmer rouge held in July 1975 in his village, the Khmer rouge told the population that "if (they) refused, Angkar would take (them) to be re-educated. The people knew that those taken for reeducation never returned"). 802 Oral testimony of CHAN Socheat, T., El!I9S.1, 29 mai 2013, ERN 00917271 at lines 9-11 ; Written Record of Interview of Civil Party _, D296/S, p.4; Civil party application of_, E3/4773, ERN 00890598. 803 Oral testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855713 at lines 19-20 (stating "they evicted us ( ... ) we wanted to ask them to stay behind, but they told us that we were not allowed"); Oral testimony of AUN Phally, T, El!I97.1, 27 May 2013, ERN 00916535 at lines 19-20 (stating that "the order was imperative. We had to obey it or face the consequences"); Written Record of Interview of Civil Party _, D296/S, p.3; Written Record of Interview of Civil Party ~ D217/3, ERN 00353703; Written Record ofInterview of Civil Party YIM Sovann, D246/4, p.6. Oral testimony of SANG Rath, T., El!I97.1, 27 May 2013, ERN 00916554 at line 12. 805 Oral testimony of Denise AFFONCO, T., El!IS2.1, 12 December 2012, ERN 00871266 at lines 17-18. 806 Oral testimony of Denise AFFONCO, T., El!IS2.1, 12 December 2012, ERN 00871243-00871244 at lines 24-10. 807 Oral testimony ofPECH Srey Phal, T., El!I4S.1, 5 December 2012, ERN 00868162 at lines 9-10. 808 Civil party application of_, E3/S006, ERN 00893421. 809 Oral testimony of PO Dina, T., El!I99.1, 30 May 2013, ERN 00917724 at lines 17-18 (stating "the unit chief received us and then they put us in the cooperatives"), Oral testimony of AUN Phally, T., El!I97.1, 27 May 20l3, ERN 00916537 at lines 8-10. 810 Oral testimony of Denise AFFONCO, T., El!IS2.1, 12 December 2012, ERN 00871258 at lines 2-4. 811 Oral testimony of AUN Phally, T., El!I97.1, 27 May 2013, ERN 00916526 at lines 3-4.

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812 Written Record of Interview of Civil Party LAY Bony, E3/39SS, p.6; Written Record of Interview of Civil Party _ D246/16, p.5; Written Record of Interview of Civil Party _, D24617, p.6; Written Record ofInterview of Witness _, D232179, p. 7; Written Record ofInterview of Civil Party YIM Sovann, D246/4, p.6. 813 Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.6. 814 Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.7; Written Record ofInterview of Civil Party KONG Vach, D296/S, p.4; Written Record of Interview of Civil Party D27S/S, p.5. 815 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871268 at lines 14-15. 816 Civil party application of_ E3/46S4, ERN 0044658l. 817 Written Record ofInterview of Civil Party PECR Srey Phal, E3/3970, pp.5-6; Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party _ D246/16, p.6; Written Record of Interview of Civil Party _ D217/3, ERN 00353702; Written Record of Interview of Civil Party YIM Sovann, D246/4, p.6. 818 Oral testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855714 at lines 13-14 (stating "we were driven pas S'ang, Ta Khmau, Wat sleng and finally we reached the railway station"). 819 Civil party application of_ E3/4714, ERN 00434306. 820 See e.g. Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868419 at line 23 (stating that "we were packed in the empty cargo wagon"). Written Record of Interview of Civil Party _ D246/16, ERN 00400466; Civil party application of ~ E3/S0S4, ERN 00569479. Civil party application E3/S0SS, ERN 00569592. 822 Oral testimony of SOP HAN Sovany, T., El!199.1, 30 May 2013, ERN 00917677 at line 15. 823 Oral testimony ofPECR Srey Phill, T., El!14S.1, 5 December 2012, ERN 00868160 at lines 9-10. 824 See e.g. Oral testimony YIN Roum Doul, T., El!199.1, 30 May 2013, ERN 00917693 at lines 10-11 ; Oral testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855714 at line 4; Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917723 at lines 14-16; Written Record of Interview of Civil Party LAY Bony, E3/39SS, p.6; Written Record of Interview of Civil Party _ D246/16, ERN 00400468; Written Record of Interview of Civil Party _ D217/3, ERN 00353702. 825 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917723 at lines 14-15. 826 Written Record ofInterview of Civil Party _ D217/3, ERN 00353702; Civil party application of ~, E3/S006, ERN 0089342l. Civil party application of_, E3/S006, ERN 00893422. 828 Written Record of Interview of Civil Party PECR Srey Phal, E3/3970, pp.5-6; Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party _, D296/S, p.5; Written Record of Interview of Civil Party LAY Bony, E3/39SS, p.6; Written Record of Interview of Civil Party _ D246/16, ERN 00400468; Written Record of Interview of Civil Party D217/2, p.6; Written Record of Interview of Civil Party _ D217/3, ERN 00353702; Written Record of Interview of Civil Party YIM Sovann, D246/4, p.6. 829 Oral testimony of TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868401 at lines 22-25. 830 Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013, ERN 00888657 at lines 7-10. 831 Oral testimony of TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868419 at lines 16-18. 832 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868401-00868402 at lines 9-10. 833 Oral testimony ofYIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855716 at lines 19-23; Written Record of Interview of Civil Party PECR Srey Phal, E3/3970, pp.5-6; Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party D217/2, p.7; Written Record ofInterview of Civil Party . Written Record ofInterview of Civil Party _, D246/10, pp.3-4; Civil party of E3/S0S4, ERN 00569479 (stating "We had no choice which truck to get on. They separated ours, and placed us on different trucks. I was put on a truck with my father-in-law but on a different truck from my husband and grandfather and mother-in-law. We were all very scared; we did not know where we were going and we had been separated from our family members."); Civil party application of _ ' E3/S047, ERN 00892709 (stating "In 1976, the Khmer Rouge took my eight children, including four daughters, from Ou Chhleung Village, Kaoh Roka Commune, , Kampong Cham Province to Khcheay Village, located in Kampong Cham District, Kampong Cham Province. All my eight children died there." ); Civil party application of _, E3/46S6, ERN 00893384, (stating "My father (VA Y Khut) and my mother (D! Yem) were evacuated from S'ang, Kandal Province to Bati District, Takeo Province. I did not know how they were doing

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there. My siblings (DI Khen, DI Y oeun and DI Rom) were also evacuated with my parents. I travelled by train to Pursat with my two children. There were many citizens on the train. [ ... ] Some children had lost their mothers and cried nonstop."); and Civil party application of _ E3/4993, page 8, (ITU Draft version), (Stating "At that time, I was separated from my father, THOU Ngi, and my mother, pRANG Kham, (I have not seen my parents since)"). 834 Civil party application of_E3/50S4, ERN 00569479. 835 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917723-00917724 at lines 4-6. 836 Civil party application of_, E3/50S4, ERN 00569479. 837 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 2-4 (stating that "people were very hungry, they did not have anything to eat, particularly young children"); Written Record ofInterview of Civil Party _ D217/3, ERN 00353703; Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party _ D296/S, p.5. 838 Oral testimony ofYIM Sovann, T., El!135.1, 19 October 2012, ERN 00855715 (stating that on the train "we were given one loaf of bread and that was it"); Written Record ofInterview of Civil SUONG Sim, D217/3, ERN 00353703. 839 Civil party application E3/4714, ERN 00434306. 840 Civil party application of E3/4695, ERN 00391744 (Stating "In 1976, Angkar began to evacuate [us] from Takeo province to Battambang province. [ ... ] Because there was no food to eat, my 5th child named CHHOEUN died on the way when we got to Samraong Yaong market."); Civil party application of , E3/4730, ERN 00427029 (stating" We started walking very early in the morning. It was an extremely challenging journey. They never provided us food or any rice along the way. We were starving"); and Civil party application of _, E3/4656, ERN 00893384, (stating "In 1976, I and many other citizens were evacuated to Pursat Province by train. [ ... ]There was nothing to eat."). 841 Oral testimony ofYIM Sovann, T., El!135.1, 19 October 2012, ERN 00855715; Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 2-4 (stating that "people were very hungry, they did not have anything to eat, particularly young children"). 842 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916548 at lines 18-20. 843 Oral· ofYIM Sovann, T., El!135.1, 19 October 2012, ERN 00855715 at lines 20-22; Civil party application of E3/4695, ERN 00391744 (Stating "In 1976, Angkar began to evacuate [us] from Takeo province to Battambang province. [ ... ]. Soon after the truck left Samraong Yaong, my youngest daughter, who was a few months old, died from the lack of milk to feed."). 844 Oral testimony of SOP HAN Sovany, T., El!199.1, 30 May 2013, ERN 00917677 at linesI9-21; Civil Party Petition of _, E3/4664, ERN 00156848 (stating "In late 1975, when my group left the boat we walked along National Road No.6 and arrived at Kampong Thorn province. The villagers along the road told us not to drink water from the opened wells because those well's rims covered with marks and blood stains as Khmer Rouge killed people and dropped the corpses into the wells and covered them with coconut leaves."). 845 Written Record of Interview of Civil Party AFFONCO Denise, E3/3976, p.6; Written Record of Interview of Civil Party _,D296/S, pA. 846 Written Record of Interview of Civil Party AFFONCO Denise, . Written Record of Interview of Civil Party _, D296/S, p.5; Civil Party Application of E3/46S1, ERN 00850907(stating "At the end of 1975, my family and I were moved to PURSATH by we arrived in PURSATH, we walked for an entire day and an entire night before reaching KOH KRABEY village."); Civil party application of , E3/4730, ERN 00427029 (stating" It was an extremely challenging journey. They never provided any rice along the way. We were starving."). 847 Oral testimony of TOENG El!147.1, 4 December 2012, ERN 00868402 at lines 8-10. 848 Civil party application of E3/4695, ERN 00391744 (Stating "In 1976, Angkar began to evacuate [us] from Takeo province to Battambang province. I carried my baby in one arm, held my children's hands in another hand and carried by my shoulder a packed bag of clothing in a very terrific manner. Because there was no food to eat, my 5th child named CHHOEUN died tragically on the way when we got to Samraong Yaong market. After that, they [the Khmer Rouge] forced all of us to get on a truck. Soon after the truck left Samraong Yaong, my youngest daughter, who was a few months old, died from the lack of milk to feed."). 849 Oral testimony of AUN Phally, T., El!197.1, 27 May 2013, ERN 00916530 at lines 3-6. 850 Oral testimony ofPECH Srey Phal, T., El!14S.1, 5 December 2012, ERN 00868162 at lines 13-15. 851 Civil party application of _, E3/4656, ERN 00893384. See also Civil Party Application of_ .., E3/5115, page 7-8, (ITU Draft version), (Stating "In August or September 1975, I was evacuated to Battambang by ship. [ ... ] When we arrived at the dock located in front of the Royal Palace, the evacuees were very happy, thinking that they would live in Phnom Penh again. At that time, the Khmer Rouge soldiers beat the

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evacuees, including my nephew, and pushed them against a wall. One of them died and the Khmer Rouge threw the body into the water. We continued our journey and after one day and night, we arrived at Kampong Chhnang. My younger brother died on the way and his body was left on a bed."). 852 Oral testimony ofDeniseAFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871246 at lines 13-14; Civil party application of_ E3/46SS, ERN 00892763. 853 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868413 at lines 2-4. 854 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916549 at lines 15-17; Civil party application of_ D22/34S1, ERN 00893434. 855 See e.g. Oral testimony YIN Roum Doul, T., El!199.1, 30 May 2013, ERN 00917694 at lines 15-18; Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013 ERN 00888659-00888660 at lines 17-18. Supplementary information of civil party applicant of D22/3222c, ERN 00891045. 856 Oral testimony of OR Ry, T., El!146.1, 23 November 2012, ERN 00866683 at lines 17-20 (stating that "At arrival we were separated from other family members. The parents would be separated from us and I was separated from my siblings"); Civil Party Application of_, E3/4933, ERN 00890981 (stating "In 1977, we were evacuated again to Krava Village, Krava Commune, Baray District of Kampong Thorn Province [ ... ]We would secretly cry whenever we missed our parents because we were never allowed to see them. My teacher, whose name I did not know, told us that we were all the children of Angkar and no longer the ones of our parents."); Civil Party Application of _, E3/4723, ERN 00478461 (stating "in September 1975 the Khmer Rouge relocated my family together with many other families to Battambang province. After we had lived there for only a short period of time, members of my family were separated from each other by Khmer Rouge's Angkar and placed in different units."); and Civil Party Application of _, E3/4890, page 5 (ITU Version Draft), (Stating "In 1976, my family was forced to leave the village and walked for many days to Prey Sa Commune, Dangkao District, Kandal Province. After arriving there, we were separated from each other and assigned different work such as doing farming, digging channels and building Pochentong airport. Working hours were from 6 a.m. to 8 p.m. We were very tired and we did not eat enough food. There was no clean water to drink and we were not allowed to communicate with our family"). 857 Written Record ofInterview of Civil Party D217/2, p.7. 858 Oral testimony of AUN Phally, T., El!197.1, 27 May 2013, ERN 00916526 at lines 5-6; Civil party application of _, E3/46S6, ERN 00893384; Civil party application of Ms. PUT Pum, E3/4714, ERN 00434306. 859 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916555 at lines 18-20 ; Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868413-00868414 at lines 2-5. 860 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871249 at lines 15-24. 861 Oral testimony of Denise AFFONCO T., El!lS2.1, 12 December 2012, ERN 00871257 at lines 10-22. 862 Oral testimony ofDeniseAFFONCO T., El!lS2.1, 12 December 2012, ERN 00871253 at lines 21-22. 863 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916549-50 at lines 9-10. 864 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916556 at lines 7-9. 865 Oral testimony ofPECH Srey Phal, T., El!148.1, 5 December 2012, ERN 00868167 at lines 16-19. 866 Oral testimony of LAY Bony, T., El!138.1, 24 October 2012, ERN 00857238 at lines 18-22. 867 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871248 at lines 24-25. 868 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916557 at lines 4-5. 869 Oral testimony ofYIM Sovann, T., El!136.1, ERN 00856650-00856653 at lines 1-10. 870 Ibid, ERN 00918644 at line 17; Civil Party Application of_, E3/4964,ERN 00552897 ("KR soldiers once, after a meal, accused three of my friends as being Kampuchea Krom. I found their bodies tied up and naked, with grass in their mouths, their bodies cut open and internal organs taken out"). 871 See The Pol Pot Regime: Race, Power, and Genocide under the Khmer Rouge, E3/1S93, 2002. 872 Civil Party Application of_, E3/4727, ERN 00426779. 873 See Written OCI] Record of Interview of E3/SS47 _, ERN 00388620-003886121; Civil Party Application of_, E3/SS47 KIM So, ERN 00388620. 874 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 21-22 (stating that "our living conditions got desperate and worse each day"). 875 Oral testimony ofDeniseAFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871250 at line 7. 876 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871249 at lines 2-6. 877 Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013, ERN 00888659-00888660 at lines 5-6. 878 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 20-23 (stating that "we did not have roof over our head; they actually made us sleep on the earth. ( .. ) We did not have any shelter").

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879 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868403 at lines 8-9; Oral testimony of SOPHAN Sovany, T., El!199.1, ERN 00917678 at line 3 ; Oral testimony of CHAN Socheat, T., El!198.1, 29 mai 2013, ERN 00917257 at lines 23-25 . Civil party application of E3/S0S4, ERN 00840076. 880 Civil party application E3/46S6, ERN 00893384. 881 See e.g. Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 2013, ERN 00917687 at lines 4-7; Oral testimony of PO Dina, T., El!199.1, 30 May 2013 ERN 00917724 at lines 2-3; Civil party application ofDY Roeun, D2212068, p.?; Civil Party Application of E3/4681, ERN 00850907, (stating" [... ] The living conditions took a turn for the worse in PURSAT. We suffered from a serious food shortage. We were given food twice a day, rice with a lot of water. I could count the grains of rice; there were so few of them"); Civil Party Application of_, E3/S0S0, page 4 (ITU Version Draft) (Stating "In 1976, Angkar told my family we would be sent to a new place in Sector 3, Phnum Sampov District, Battambang Province. Life in the new area was extremely difficult. [ ... ]We were given three ladles of thin porridge per meal and two meals a day. My family as well as the other families did not have enough to eat. We never had rice. Day by day, more and more people fell sick and died one after the other."); and Civil Party Application of _, E3/4991, page 2 (ITU Version Draft) (stating "In 1975, my family was evacuated to Ta Saeng Village, Romoniy Commune, . [ ... ]However, the food was never enough"). Civil party application ofDY Roeun, E3/4656, ERN 00893385. 882 Oral testimony of LAY Bony, T., El!138.1, 24 October 2012, ERN 00857246 at lines 11-12. 883 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868403 at lines 16-19. 884 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871247 at lines 6-7. 885 Oral TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868425 at lines 5-7; Civil party application of E3/S091, ERN 00892765- 00892766; Supplementary information of civil party application E3/S063, ERN 00858920 (stating "In 1977, the Khmer Rouge evacuated my parents to [ ... ] Pursat Province [ ... ]. My parents died in 1977 due to malnutrition. My six siblings, who were living with my parents there, also died from the same cause." ); Civil party application of Mr. YOS Phal, E3/S733, ERN 00850851 (stating "September 1977: the old base people evacuated me from Ph'av District, Kampong Cham Province to , Takeo Province. After I had arrived there, they had me join a mobile unit. [ ... ] At this new base people were mistreated harshly and many people died from starvation, illness and torture"); Civil party application of , E3/4920, ERN 00850853-00850854 (stating "I was transferred to District 18 of Kampong Tralach Kraom [ ... ]Many people died every day at the hospital. Each day, the medics would bury at least five to six dead people in the pit to the west of the hospitaL."); Civil Party Application of _ ., E3/4723, ERN 00478461 (stating "in September 1975 the Khmer Rouge relocated my family together with many other families to Battambang province [ ... ] Regarding the food, we were given only porridge mixed with potatoes or other vegetable to eat. It was never enough. [ ... ] many people died. Some died from being too exhausted.") . 886 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917727 at lines 2-3. 887 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868402 at line 25; Oral testimony of CHAU Ny, T., El!146.1, 23 November 2012, ERN 00866749 at lines 18-25 ; Oral testimony of OR Ry, T., 23 November 2012, El!146.1, ERN 00866695 at lines 5-12 ; Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 2013, ERN 00917681 at lines 5-6. 888 Oral testimony of SANG Rath, T., El!197.1, 27 May 2013, ERN 00916550- 00916551 at lines 2-4 (stating that her husband passed away because of hunger and exhaustion. "I cried, but I was told that I should not cry otherwise I would be killed as I would be accused of being a traitor"); Civil Party Application of_ E3/4723, ERN 00478461 (stating "in September 1975 the Khmer Rouge relocated my family together with many other families to Battambang province [ ... ] many people died. Some died from being too exhausted.). 889 Oral testimony of PIN Yathay, T., El!170.1, 7 February 2013, ERN 00888659-00888660 at lines 24-l. 890 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871253 at lines 1-5. 891 Oral testimony of Denise AFFONCO, T., El!lS2.1, 12 December 2012, ERN 00871252 at lines 2-3. 892 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917727 at lines 17-20. 893 Oral testimony of YIM Sovann, T., El!13S.1, 19 October 2012, ERN 00855716 at lines 17-18 ; Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917724 at lines 17-18 (stating "the unit chief received us and then they put us in the cooperatives"); Written Record ofInterview of Civil Party AFFONCO Denise, E3/3976, pp. 6-7; Written Record ofInterview of Civil Party YIM Sovann, D246/4, p.7; Written Record ofInterview of Civil Party KEANG Vannary, D217/2, p.7; Written Record of Interview of Civil Party _, D296/8, p.6; Written Record of Interview of Civil Party LAY Bony, E3/39S8, p.7; Written Record of Interview of Civil Party _ D246/16, ERN 00400466- 00400467.

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894 Oral testimony of SOPHAN 30 May 2013, ERN 00917682 at lines 10-12. 895 Civil party application E3/4681, ERN 00850907. 896 Stay Alive My Son, E3/181, ERN 00587623. 897 Oral testimony TOENG Sokha, T., El!147.1, 4 December 2012, ERN 00868426-00868427 at lines 7-13. 898 Written Record of Interview of Civil Party LAY Bony, E3/3958, p.8; Civil Party Application of _ -. E3/4909, page 6-7 (lTD Draft version), (stating "When we were first evacuated to Suong District, the Khmer Rouge arrested my older brothers in-law, Oun and Srong, who were soldiers, and Sim, who was a doctor at Calmette Hospital, and my nephew, Chhean, who was also a soldier, and sent them for re-education. We have not heard from them since"). 899 Oral testimony of LAY Bony, T., El!138.1, 24 October 2012, ERN 00857250 at lines 1-3 (stating that in detention she eye witnessed extreme acts of torture on a detainee who had been accused of stealing a grilled fish. "His internal organs was coming out and he was stabbed with bayonets. And I couldn't cry because I was so terrified that I would end up being killed like that");Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917729, at lines 15-16. 900 Oral testimony of YIM Sovann, T., El!135.1, 19 October 2012, ERN 00855718 at lines 24-25 and ERN 00855719 at lines 16-17; Civil Party Application of _ E3/4909, page 6 (lTU Draft version) (Stating "In 1976, my family was evacuated to Bei Village, Lvea Commune, , Kampong Cham Province [ ... ]1 was accused of being a 'Person of the East' and was about to be taken to be killed. Fortunately, I hid in the bushes. I saw them taking villagers to be killed"); 901 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917726 at lines 1-4; Supplementary Information of Civil Party Applicant _,E3/4767, page 8 (lTD Draft version) (Stating" [in 1976] Around half a month later, prisoners who had been former soldiers and intellectuals were called to be smashed"); Civil Party Application of _, E3/5023, page 7 (lTD Draft version) (Stating "[in 1977, Kampong Province] That night, I saw a man named Yuth, who was a 'new person' and accused of being a LON Nol soldier. He was then taken out the back of the hall, approximately 500 metres where he was told to dig his own grave. He was then bayoneted and killed"); Civil Party Application of E3/5103, page 7 (lTD Draft version) (stating "In 1976, the Khmer Rouge evacuated my to Bat Trang Village, Sangkat Prasat, Preah Netr Preah District, Battambang Province. After staying there for half a month, my father was accused of being a former Colonel, so he was killed"); and Supplementary Information Form of Civil Party _, E3/4791, page 1 (lTD Draft Version) (stating "In April 1976, Khmer Rouge soldiers arrested and took my husband for execution because he was a former LON Nol soldier in Phnom Penh."). 902 Oral testimony of YIM Sovann, T., El!135.1, ERN 00855725 at lines 13-14; Civil Party Application, E3/4993, page 7 (lTD Draft version) (Stating "When night fell, the Khmer Rouge arrested and tied up around 50 or 60 people, who were then escorted for execution at an execution site [ ... ] in Battambang. The number of people in the Cooperative declined dramatically, decreasing from 6,000 to only 1,000."); Civil Party Application of_, E3/5115, page 7-8 (lTD Draft version), (Stating "In 1976, my family was evacuated to Tonsay Village, Moung Ruessei District, Battambang Province. [ ... ] Around March, my older brother was arrested and disappeared."). 903 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917725 at lines 5-8 (stating that "my husband ( ...) disappeared mysteriously, he never returned. I have lost him ever since"); Oral testimony of LAY Bony, El!137.1, ERN 00857248-51; Civil Party Application of _, E3/4911, page 4 (lTD Draft version), (Stating "While we were working, there were always two or three spying unit cadres watching us closely. If anyone did not work hard or caused any damage while working, they would be accused of being an enemy and would be taken to be killed immediately. [ ... ] One day, while my husband was ploughing, one of his former acquaintances saw him and cried, "Bang! Are you living here too?" As soon as they heard this, the spying unit arrested my husband and took him away. He was accused of being an enemy, a suppressive capitalist. I did not know where he was taken."). 904 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917731 at lines 16-18 (stating that "because I refused to go then I was beaten and actually attempted to break my legs and the scars have remained with me today. They beat me up and I became unconscious"). 905 Oral testimony of OR Ry, T., El!146.1, 23 November 2012, ERN 00866694 at lines 7-9 (stating that an evacuee was beaten severely and lost consciousness because he could not plan properly cassava trees). 906 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917732 at lines 4-10. 907 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917729 at lines 14-16. 908 Oral testimony YIN Roum Doul, T., El!199.1, 30 May 2013, ERN 00917694- 00917695 at lines 23-3. 909 Oral testimony of OR Ry, T., El!146.1, 23 November 2012, ERN 00866698 at lines 22-23.

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910 Oral testimony of OR Ry, T., El!146.1, 23 November 2012, ERN 00866695 at lines 16-19 (who eye witnessed the killing of his brother who was executed because he tried to clim a palm tree to collect palm juice for his wife). 911 Oral testimony YIN Roum Doul, T., El!199.1, 30 May 2013, ERN 00917698- 00917699 at lines 7-22; Civil party application of _, E3/4920, ERN 00893400-00893401 (stating "During the harvesting season, I saw a militiaman riding on a bicycle escorting two people with their hands tied behind their backs. They were accused of committing moral offenses. Militiamen rode their bikes to follow the two people until they died."); Civil Party Application of _, E3/4723, ERN 00478461-00478462 (stating "At that time, 1 saw about more than twenty males and females tied to wooden poles in front of all the attendees. After that, the Khmer Rouge announced that those people did not fulfill the work as required, protested against Angkar's order, and looked down on Angkar. Therefore, they had to be smashed. Then, the Khmer Rouge beated those people to death with the hoe's head. Having witnessed such a scene, I was so horrified that 1 lost conscious.") 912 Oral testimony YIN RoumDoul, T., El!199.1, 30 May 2013, ERN 00917699 at lines 9-12. 913 Oral testimony of SOP HAN Sovany, T., El!199.1, 30 May 2013, ERN 00917684 at lines lO-ll. 914 Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 20l3, ERN 00917684 at lines 16-22. 915 Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 2013, ERN 00917682-00917683 at lines 22-24. 916 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917730 at lines 18-20. 917 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917731 at lines 1-2. 918 Oral testimony of LAY Bony, T., El!13S.1, 24 October 2012, ERN 00857248-51 at lines 19-23. 919 Oral testimony of CHAN Socheat, T., El!19S.1, 29 mai 2013, ERN 00917262 at lines 13-14. 920 Oral testimony of SOPHAN Sovany, T., El!199.1, 30 May 2013, ERN 00917685 at lines 17-20. 921 Oral testimony of PO Dina, T., El!199.1, 30 May 2013, ERN 00917729 at line 3. 922 Mapping the Killing Fields of Cambodia, 1997, Pursat Province, E3/2060, 23 May 1997; and Oral Testimony of Witness UNG Chhat, El!lSS.l, ERN 00906570 at lines 13-16, 29 April 2013 (specitying "Following the meeting, there was a direction from the upper authority that they would take those people for re-education or for a study session somewhere along TonIe Sap River"). 9230ral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937954 at lines 1-2,4 July 2013 (specitying "Tuol Po Chrey was about 20 kilometres away. It was towards [sic] Kandieng district."); Report of the Execution of Rogatory Letter, E3/4171, ERN 00375369, 19 June 2008 (stating "Tuol Po Chrey Office was not a prison, but it was a killing site where Lon Nol's soldiers and Officials were executed in 1975, .. A lake, four kilometres from the office, near the inundated forest, was also an execution site") 924Mapping the Killing Fields of Cambodia, 1997, Pursat Province, E3/2060, 23 May 1997. 925 Oral Testimony of Witness SUMAlat, E1!21S.1, ERN 00937939 at lines 18-20,4 July 2013 (saying "The Lon Nol army in Pursat province received an instruction from Phnom Penh to disarm from Mey Sichan, brigadier general."); and Oral testimony of witness HUN Chunly, El!149.1, ERN 00868932 at lines 22-25, 6 December 2012 (veryfing "At 7 a.ill of the 17th of April 1975, Phnom Penh radio broadcast that General Mey Sichan and Lon Nol" the brother of Lon Nol, announced that all soldiers, all Lon Nol soldiers across the country lay down their weapons"). 926 Oral Testimony of Witness UNG Chhat, El!lSS.l, ERN 00906564 at lines 3-4, 29 April 2013 (specitying "On the 19th of April, I entered the [Pursat] provincial town and the provincial hall"). 927 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908443 at lines 21-24, 2 May 2013 (stating "It was the order from the Zone committee[ ... ] Kan was. Ta Nhim and Ta Kan were"). 928 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908444 at line 8,2 May 2013 (specitying "[Ta Sot] was in charge of sector 7"). 9290ral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908442 at line 25 and ERN 00908443 at lines 1-6,2 May 2013 (explaining "the chairmen of the companies, battalions and regiments were invited to join the meeting led by Ta Nhim, the Zone committee, and Ta Sot, the Sector Committee. [ ... ] the substance of the meeting was to advice the commanders of the Khmer Rouge that the soldier and police from Lon Nol soldiers, those who are bearing certain ranks, they would be killed"). 930 Written Record of Witness Interview of SUM Alat, D12S/4S, ERN 00242125-00242126,10 June 2008. 9310ral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937951 at lines 5-7, 4 July 2013 (specitying "These soldiers were from different military units throughout the country. They were all collected from these various parts of the country."). 932 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908447 at lines 23-24 and ERN 00908448 at lines 2- 5,2 May 20103 (specitying "I was not in the provincial hall. I was at a different location. [ ... ] It was about five kilometers from that place. [ ... ] I was seeing [30 to 40] trucks because I was on guard, on duty along that road when the trucks passed"). 933 Written Record of Witness Interview of SUM Alat, D12S/4S, ERN 00242126, 10 June 2008.

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9340ral Testimony of Expert Philip SHORT, El!lS9.1, ERN 00909363 at lines 7-13, 6 May 2013 (saying "[members of the military and civil servants from the Lon Nol regime who were taken away for re-education] as a class, on the whole, they were killed. They were executed."). 935 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908449 at lines 4-7, 2 May 2013 (specitying "the content of this meeting was that the Zone committee stated that all people with ranks had to go to study first, and upon returning from the study, Angkar would allow them to wear the same ranks as they did before"); and Oral testimony of Expert Stephen Heder, E1!222.1, ERN 00938858 at lines 4-7,11 July 2013 (stating "The same method was used against Lon Nol officers in 1975.They were asked to go to meet the Organization voluntarily and offered forgiveness but then just taken away and executed"). 936 Oral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937951 at lines 16-19,4 July 2013 (saying "As I guess, there could be 50 to 60 people [Khmer Rouge soldiers guarding outside of the meeting]"). 9370ral Testimony ofUNG Chhat, El!lS6.1, ERN 00907192 at line 25, 30 April 2013 (stating "We were armed when guarding the complex"). 9380ral Testimony ofUNG Chhat, El!lS6.1, ERN 00907187 at lines 5-6, 30 April 20103 (specitying "I did not see them wear unifonn, like military uniforms. They were wearing civilian clothes"). 9390ral Testimony ofUNG Chhat, El!lS6.1, ERN 00907164 at lines 22-25, 30 April 2013 (saying "I saw those Lon Nol soldiers were happy. They told their relatives waiting and standing [by the] road that 'please inform our relatives at home that we are going to study and will meet with the King Father' ."). 94°Oral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937975 at lines 8-14, 4 July 2013 (explaining "I cannot recall the number of times the meetings were held, but for me, after I returned from Svay Don keo battlefield, I participated in a meeting and I knew that there had been meetings before that, and I did not know the details of the meetings between the two sides. And becasue of those meetings, our side trusted the other side, and for that reason they could gather up hundreds of us."). 9410ral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937949 at lines 16-22, 4 July 2013 (stating "The majority of them were former Lon Nol officials. And please, know that Prum Li Huon was the govenor­ provincial govenor at the same time, he was also [a] soldier. So his subordinates still had to follow his instruction and I feel that these people still followed such instruction seriously. And also, there were some students and also teachers who were part of this 500 people."). See also, Report of the Execution of Rogatory letter, E3/4171, ERN 00375367, 19 June 2008. 9420ral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937976 at lines 6-15, 4 July 2013 (explaining "To my knowledge, the senior military commanders, namely, the one who was in charge of the politics who were a lieutenant colonel, Mr. Lim Choun (phonetic), who was a lieutenant colonel or [a] colonel, and who was in charge of the guards in the provincial towns. And another captain, and my elder-my relative, who was a captain as well, in particular, those who were in charge of the offices at the staff office, Mr. Chhun Ta (phonetic). And it could be Mey Sichan, [... ] who made the announcement on the radio. He was in charge of an office in Pursat as well."). 9430ral Testimony of Witness SUM Alat, E1!21S.1, ERN 00938017 at lines 14-18.4 July 2013 (saying "Among them, their ranks were removed from their uniforms already, but I still remember a person, for example, General Li Huon and the other senior military officers. And also Nu Soeun (phonetic), the govenor of that province was also among them And other civil servants attended the session."). 944 Oral Testimony of Witness, SUM Alat, E1!21S.1, ERN KH 00936774 ERN EN 00937751-00937952,4 July 2013 ("It was not difficult to to identity them because they were wearing black uniforms and they were armed and on our side, no one was armed.[ ... ] There were about five to seven top leaders of the Khmer Rouge and I only recognized a person by the name ofTa Sot, who was also the secretary of the sector"). 945Written Record of Witness Interview of LIM Sat, E3/364, ERN 00250759, 23 November 2008. 946 Written Record of Witness Interview of SUM Alat, D12S/4S, ERN 00242126, 10 June 2008; and Oral Testimony of Witness UNG Chhat, El!lSS.l, ERN 00906571 at lines 1-3, 29 April 2013 (specitying "those soldiers were guarded in the provincial hall and then, after that, they were taken out by trucks"). 947 Oral Testimony of Witness UNG Chhat, El!lS6.1, ERN 00907166 at lines 5-6, 30 April 2013 (saying "I saw those Lon Nol soldier vehicles were stopping at the Po village fort"). 948 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908444 at lines 22-25, 2 May 2013 (stating "On about 19 or 20 April 1975, I received orders to assemble the soldiers and policemen from low to high rank who had connections to the Lon Nol era and kill them at Tuol Po Chrey in Kandieng district"). 949 Oral Testimony of Witness SUM Alat, E1!21S.1, ERN 00937965 at lines 12-13, 4 July 2013 (specitying "Through my observation, each vehicle was in charge by a Khmer Rouge, so they would control the people on the truck."). 950 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908448 at line 8, 2 May 2013 (saying "The truck can accommodate at least 30 people").

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951 Oral Testimony of Witness UNG Chhat, El!186.1, ERN 00907201 at lines 15-17,30 April 2013 (explaining "Phum Po fort was not close to my area and there was checkpoints where people would be checked before they could be allowed to get into the premise"). 952 Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908451 at lines 1-2,2 May 2013 (specitying "We were stationed in Kandieng district, [ ... ] about 10 kilometers from Tuol Po Chrey"). 953 Oral Testimony of LIM Sat, El!187.1, ERN 00908452 at lines 14-16,2 May 2013 (specitying "people at Tuol Po chrey fort communicated through radio communication to us, asking us that more truckloads of soldiers and police had to be transported there"); and Oral Testimony of Witness UNG Chhat, El!186.1, ERN 00907168 at lines 4-6, 30 April 2013 (veri tying "one truck would be allowed to leave at a time before another truck would be allowed to leave"). 954 Oral Testimony of Witness SUM Alat, E1!218.1, ERN 00937968 at lines 4-10, 4 July 2013 (explaining "They told me the method of taking those people. In fact, they did not reach Tuol Po chrey yet. They stopped at about lKm or 700 metres from Tuol Po chrey. They got off the trucks and they were told to meet there with Angkar. And they were then tied up - that is, for the second parameter or second group of people. And then they were led to third line or third group, and then they were killed there."). 955 Video footage: Documentary film, 'Enemies of the people', Thet SAMBATH and Rob LEMKIN, E186.1R, Time: 11 :40-12: 13 (hereinafter "One Day in TuolPorchrey"). 956 Video footage: One Day in TuolPorchrey, E186.1R, Time: 11:00-11:15. 957 Video footage: Documentary film, 'Enemies of the people', Thet SAMBATH and Rob LEMKIN, E186.1R, Time: 10:42-11 :50 (hereinafter "One Day in TuolPorchrey"). 958 Video footage: One Day in TuolPorchrey, E186.1R, Time: 18:42-20:40. 9590ral Testimony of Witness LIM Sat, El!187.1, ERN 00908456 at lines 15-17, 2 May 2013 (stating "The transportation of those military and policemen -started from the end of the meeting in provincial hall at around 9:00 am to around 4:00 to 5:00 pm"). 960 Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908455 at lines 4-6, 2 May 2013 (saying "I knew these soldiers were executed at Tuol Po Chrey through radio communication, and I also heard through the same radio communication that one person could manage to escape"). 961 Written Record of Witness Interview of SUM Alat, D125/48, ERN 00242126, 10 June 2008. 962Mapping the Killing Fields of Cambodia, 1997, Pursat Province, E3/2066, 23 May 1997. 963 Oral Testimony of Witness UNG Chhat, El!186.1, ERN 00907180 at lines 17-18,30 April 2013 (noting that bodies laid exposed for 2-3 days and specitying "Then, a few days later, I was told that they used bulldozer to actually bury all of those corpses"); and Oral Testimony of Witness SUM Alat, E1!218.1, ERN 00938027 at lines 13-16,4 October 2013 (veri tying "I knew that it was three days after that when the bulldozers were sent and I saw the bulldozers, and it means that the killing took place before the bulldozers was sent"). 964 Mapping the Killing Fields of Cambodia, 1997, Pursat Province, E3/2066, 23 May 1997. 965 Civil Party Application of _, E3/4857, ERN 00888492, 1 January 2008; and Oral Testimony of Witness UNG Chhat, El!186.1, ERN 00907173 at lines 11-15,30 April 2013 (veri tying "they also talk among themselves that the day before they saw a fleet of trucks taking people and they also heard the gun fire - or artillery shell, also in the . 966 Civil Party Application of E3/4913, ERN 00893687-00893688, 4 January 2008. 967 Civil Party Application of E3/4859, ERN 00888498,22 April 2009. 968 Civil Party Application E3/4808, ERN 00891197, 7 December 2008. 969 Civil Party Application E3/4808, ERN 00891199, 7 December 2008. 970 Video footage: One Day in TuolPorchrey, E186.1R, Time:9:34-9:551 971 Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908477 at lines 1-3,2 May 2013 (specitying "These people from 204, 202, were only tasked with guarding the road. But soldiers from the zone were assigned to that place, Tuol Po Chrey"). 972 Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908453 at line 8, 2 May 2013 (saying "He was Ta Khleng. He was the military commander for the zone."); and Video footage: One Day in TuolPorchrey, E186.1R, Time:9:34-9:55l6:20-l6:40. 973S_2l Confession of MAUL Sambath alias RUOS Nhim, E3/3989, 14 June 1978. See also Final Written Submission of Charged Duch, E3/442, ERN 00412099, 23 November 2009. 974 Written Record ofInterview ofKAING GuekEav alias Duch, E3/394, ERN 00398234, 22 October 2009; and Oral Testimony of Witness LIM Sat, El!187.1, ERN 00908494, 2 May 2013 [TRANSCRIPT CORRECTION REQUESTED] 975 Oral Testimony of Witness UNG Chhat, El!186.1, ERN 00907196 at lines 20-21, 30 April 2013 (specitying "Ta Sot and Ta Tauy, at that time, were the committee of the sector and they all attended the meeting"); and Oral

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Testimony of Witness LIM Sat, El!lS7.1, ERN 00908444 at line 8, 2 May 2013 (saying "[Ta Sot] was in charge of sector 7"). 976 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908439 at lines 5-6, 2 May 2013 (specifying "It was under the command of the zone. Ta Khleng was the commander from the Zone committee."). 977 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908442 at line 25 and ERN 00908443 at lines 1-6,2 May 2013 (saying "the chairmen of the companies, battalions and regiments were invited to join the meeting led by Ta Nhim [ ... ], and Ta Sot [ ... ] the substance of the meeting was to advise the commanders of the Khmer Rouge that the soldiers and police from Lon Nol soldiers, those who are bearing certain ranks, they would be killed.", and "It was the order from the Zone Committee. [ ... ] Ta Nhim and Ta Kan were [persons of the Zone Committee]") ; and ERN 00908453 at lines 4-8 (further stating "[the person in charge of operating the radio communication at Tuol Po Chrey] was in the Zone Committee. [ ... ] He was Ta Khleng. He was the military commander for the Zone.") 978 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908450, 2 May 2013("Q. Did Commander Huon, as you said, the commander of the regiment, tell you, who ordered that the Lon Nol soldiers be told that they would be allowed to resume their previous ranks after their study session? Did he tell you who said that? A. Referring to the order, he told me that they were people who were at the level of the Centre.") [TRANSCRIPT CORRECTION REQUESTED] 979 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908507 at lines 7-15, 2 May 2013 (specitying "From 1971 through 1975[ ... ] I did not meet with leaders from the centre. I met only leaders at the sector. They convened a meeting and then after that, the sector leaders would pass on the information to people down below"). 980 Telegram No. 94 to Brother Pol: Report to Brother on the Enemy Situation, the Situation of the Masses and the Production Situation in the North Zone, E3/S11, ERN 00182658, 2 April 1976. 981Khieu Samphan Chairs NUFC Congress Session, E3/117, ERN 00166772, 26 February 1975. See also Oral testimony of Expert David CHANDLER, E1!93.1, ERN 00827386 at lines 11-12, 20 July 2012 (stating "in almost every case, these policies [including the policy to execute all leaders of the Lon Nol regime] were followed"). 982 Foreign Broadcast Information Service, E3/30, January 1975; Foreign Broadcast Information Service, E3/11S, April 1975; Foreign Broadcast Information Service, E3/119, 4 August 1975; and Foreign Broadcast Information Service, E3/271, 15 September 1975. 983 Written Record of Witness Interview of sAo Sarun, E3/367, ERN 00278694, 17 December 2008; and Written Record of Witness Interview ofPHY Phuon, E3/24, ERN 00223580, 5 December 2007. 984 Oral Testimony of Witness LIM Sat, El!lS7.1, ERN 00908465 at lines 9-11, 2 May 2012 (specitying "I saw Nuon Chea chair the meeting. The meeting about purging the internal enemies, including the military and commandos who were affiliated with the Lon Nol regime.") 985 List of paragraphs and portions of the Closing Order relevant to Case 002/01, amended further to the Trial Chamber's Decision on IENG Thirith's Fitness to Stand Trial (E138) and the Trial Chamber's Decision on Co­ Prosecutors' Request to Include Additional Crimes Sites within the Scope of Trial in Case 002/01 (E163), para. 4. 986 The Supreme Chamber noted regarding Article 5 of the ECCC law that "Not only does this definition specity the underlying acts that constitute a crime against humanity, but it also lays out the contextual or chapeau requirements that must be found to exist in order to set crimes against humanity apart from domestic crimes or other international crimes". Case of Kaing Guek Eav alias Duch, 001l18-07-2007IECCC/SC, Appeal Judgment, 3 February 2012 (Duch Appeal Judgment), para. 106. 987 Duch Trial Judgment para. 300. 988 Duch Trial Judgment para. 298. 989 Duch Trial Judgment para. 305-311 990 Duch Trial Judgment para. 319 991 Duch Trial Judgment para. 331 992 Duch Trial Judgment para. 334 993 Duch Trial Judgment para. 374-380 994 Duch Trial Judgment para. 367-371 995 Decision on the Applicability of Joint Criminal Enterprise, EI00/6, 12 September 2011, para. 22 referring to the Trial Chamber's Judgment, ElSS, 26 July 2010, para. 511 (hereinafter "Duch Judgment"), (stating: "The Duch Judgment found that the notion of commission through participation in a joint criminal enterprise falls within the scope of Article 29 (new) of the ECCC law."). 996See Duch Judgment par.508-509 (establishing that in international jurisprudence, the actus reus of all types of JCE comprise three elements: a) "a plurality of persons", b) a common criminal design or purpose and c) a

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participation in some capacity to the common criminal design. The mens rea for the basic form of ICE, the Accused must share with his co-perpetrators the intent to participate in the common plan aimed at the commission of the crime.).

Civil Parties Closing Brie/to Case 002101