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KRT TRIAL MONITOR Case 002 ■ Issue No KRT TRIAL MONITOR Case 002 ■ Issue No. 16 ■ Hearing on Evidence Week 11 ■ 26-29 March 2012 Case of Nuon Chea, Khieu Samphan and Ieng Sary Asian International Justice Initiative (AIJI), a project of East-West Center and UC Berkeley War Crimes Studies Center “Angkar” referred to Pol Pot. - Kaing Guek Eav, alias “Duch * I. OVERVIEW This week, the Co-Prosecutors, led by Mr. William Smith, proceeded with the examination of Kaing Guek Eav, alias “Duch,” on the administrative and communication structures of the CPK and the DK regime, as well as the roles of the three Accused. Duch was the chairperson of S-21, a security center where over 12,200 persons were imprisoned, tortured and executed. He was the first to have been charged before the ECCC, and was found guilty of crimes against humanity and war crimes. On appeal, the Supreme Court Chamber sentenced him to life imprisonment. Appearing before the Trial Chamber not as an accused but as a witness, Duch was generally responsive to the OCP’s questions and described how S-21 operated in relation to the other organs of DK. He recounted specific instances when he had alleged encounters with Nuon Chea, who, according to him, replaced Son Sen in August 1977, and thus became his immediate supervisor. He also provided some information regarding Ieng Sary and Khieu Samphan, but admitted that he only saw the former twice, and the latter only once. Throughout the week, the Ieng Sary and Nuon Chea Defense reiterated their objections against what they deemed leading questions from the OCP. Another recurring point of contention was the Defense Teams’ submission that Duch was testifying to information he obtained after the fall of DK, instead of recounting what he personally experienced during the regime. According to Defense lawyers, Duch was, in effect, testifying as an expert witness and not as an ordinary witness. II. SUMMARY OF DUCH’S TESTIMONY This section provides a summary of the continuation of Duch’s examination by the OCP. A. Structure of the CPK To provide the Chamber with a better picture of the administrative structure of the CPK, Duch detailed the composition of the Central Committee, the Standing Committee, and the three main branches of government according to the DK Constitution and its actual functions in practice. He also expounded upon the government ministries and their heads, the administrative structures in the lower levels and the military structure during the DK period. 1. Central Committee “The Central Committee was the supreme organ of the party,” Duch recounted. He said it was divided into four levels: the first level consisted of assistants who were allowed to attend training, but not allowed to speak; the second level was composed of candidate members who were allowed to attend training (and presumably allowed to speak) but not allowed to vote; the third level was composed of full-rights members; and the fourth and highest level was the Standing Committee. Although Duch was not certain about the number of members of the Central Committee, he provided that secretaries of all zones were members of the Central Committee and they were under the orders of Pol Pot as the Party Secretary and Nuon Chea as Deputy Secretary. 2. Standing Committee According to Duch, there were seven members of the Standing Committee: Pol Pot as Secretary; Nuon Chea (1st Secretary); Sao Phim (2nd Secretary); Ta Mok and Ieng Sary (full-rights members), and Vorn Vet and Son Sen (candidate-members). Since 1960, the Standing Committee usually convened an annual meeting in June or July. Duch explained that confessions at S-21 were sent to the Standing Committee, which in turn, sent some documents to various ministries for the arrest of those implicated in the S-21 confessions. 3. The Three Main Branches of Government As Duch explained, the DK Constitution (which was adopted without any election) provided for three main branches of government: legislative, judiciary, and executive branches. Duch emphasized, however, that the CPK had absolute control and monopoly over everything, both politically and economically, and these three branches of government were only symbolic. The legislative branch, named the Kampuchean People’s Representative Assembly (KPRA), was merely symbolic and had no activities. Duch described that there was only one polling station in Phnom Penh during the supposed election of members of the KPRA. According to the Witness, Nuon Chea presided over the one meeting the KPRA ever conducted. This meeting was held after the adoption of the Constitution. 2 All representatives remained in their units. Duch explained that Article 9 of the DK Constitution provided for the establishment of the People’s Court as the judiciary branch of the regime. However, this provision did not come into force. Instead, cooperatives and communes were vested with judicial and executive power. Duch stated that Koy Thuon and Kong Chap were in charge of the Supreme Judiciary, but their functions were only nominal. Finally, the executive branch was called the “State Presidium.” Witness indicated that this, too, was merely a symbolic institution that did not have any office or activities. 4. Administrative Divisions Duch confirmed the existence of government ministries, although he said that many were not operational. Smith presented a list of 13 ministries and Duch affirmed the persons in charge, as follows: NAME POSITION/RESPONSIBILITY 1 Pol Pot Comrade Secretary 2 Nuon Chea Deputy Secretary in charge of Party Affairs and Social Action, Culture, Propaganda and Education 3 Ieng Sary, alias “Comrade Van” Ministry of Foreign Affairs (both Party and State) 4 Khieu Samphan, alias “Comrade Deputy Prime Minister of the Royal Hem” Government of the National Union of Kampuchea (GRUNK), Head of the Central Office Committee (which Duch also referred to as “Political Office 870”), Commander-in-Chief of the Armies of the National United Front; also responsible for Commerce for Accounting and Pricing 5 Koy Thuon, alias “Comrade Thuch” Domestic and International Commerce 6 Son Sen, alias “Comrade Khieu” General Staff and Security 7 Vorn Vet, alias “Comrade Vorn” Industry, Railroads and Fisheries 8 Seua Vasi alias “Comrade Doeun” Chairman of Political Office 870, later transferred to the Ministry of Commerce 9 Ieng Thirith “Comrade Phea” Culture, Social Action and Foreign Affairs 10 Yun Yat alias “Comrade At” Internal and External Propaganda and Reeducation 3 NAME POSITION/RESPONSIBILITY 11 Non Suon alias “Comrade Chey” Agriculture 12 Sim Son alias “Comrade Yem” Bureau 870 13 Chhim Sam Aok alias “Comrade Government Office Pang” In addition to this list, Duch also mentioned committees of working groups such as the state warehouses and transportation committee. Geographical Hierarchy. The CPK geographical hierarchy was divided into zone, sector, district, commune and cooperative. Below the Standing Committee were six Zones: Northeast Zone, East Zone, North Zone, West Zone, Southwest Zone, and Northwest Zone. There were two zone secretaries in the Standing Committee, Sao Phim and Ung Choeun alias “Mok,” while the other secretaries were full-rights members of the Central Committee. The Witness testified that in mid-1977, a new North Zone, or Zone 801, was created. Each zone was divided into sectors, which were further subdivided into districts. A district was then subdivided into communes, later on known as cooperatives. A committee, headed by a secretary, supervised each level. According to the Witness, the CPK intended the establishment of zones as a temporary arrangement that was supposed to be eliminated once administration at the state level was organized. Duch further indicated that outside this hierarchical structure were three groups: the Central Office Committee, which was responsible for radio operations and messengers; the Center Office, which provided support for the Secretary and Deputy Secretary; and the independent sectors, Sector 106 in Siem Reap and Sector 505 in Kratie, which directly reported to the Central and Standing Committees and were established due to the importance of their locations. Military Structure. According to Duch, prior to 17 April 1975, the Standing Committee, headed by the Secretary (Pol Pot) and Deputy Secretary (Nuon Chea), exercised absolute control over the army throughout the entire country. Zone leaders directly supervised the contingencies of the army within their respective geographical areas. Each zone had the duty to build its army, and then form as a division. Later on, some divisions from the zones combined forces and formed the Central Army. After reorganization in July 1975, there were eight divisions: Divisions 170 and 290 from the east, Divisions 310, 450 and 920 from the north, and Divisions 164, 502 and 801 164 from the southwest. The Witness explained that initially, there had been a Division 603 but this was subsequently dissolved and integrated into the inventory unit and air force. Duch testified that a division head could only meet with his or her superior upon the latter’s initiative. In addition, Duch indicated that the army had three categories: the regiment, sector and militia. All three were under the direct control of zone and division. Outside the military hierarchy were the General Staff and the following independent regiments: the tank unit, the arsenal or artillery unit, the navy at Chroy Changvar, the military communication unit, the sewing unit and the medical unit. The General Staff was in charge of military uniforms and weapons and was tasked with making people do 4 farming during peacetime. Duch said that when he was the chief of S-21, he attended military meetings with other heads of independent regiments. B. CPK Policy Smith continued to question Duch in order to establish CPK policies and be clarified on provisions and terms contained in the CPK Statute. Fundamental principles. Duch explained that the 8th principle in the Preamble of the Statute, which contains terms such as “independence,” “self reliance,” “self- determination of fate” and “revolutionizing one’s self by one self,” meant that the CPK utilized Marxist–Leninist principles on its own, adopted its own policies, and did not depend on Vietnam, China or the Soviet Union.
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