In light of the HISTORIC (!) start of MOST COMPLEX (sic!) trial hearings beginning on 27 June 2011 and again ANOTHER HISTORIC (!) START of this same MOST COMPLEX (sic!) on 21 Nov. 2011 of Case 002 against the surviving Khmer Rouge senior leaders Nuon Chea, Khieu Samphan, Ieng Sary and Ieng Thirith, KI Media is posting installations of the public document of the Closing Order of Case 002 (Indictment). The Closing Order of the Co-Investigating Judges forms the basic document from which all the parties (Co-Prosecutors, Co-Lead Lawyers for all civil parties, Defense Lawyers) will be making their arguments before the Trial Chamber judges (one Cambodian President, 2 Cambodian Judges, 2 UN judges). Up until now, the hearings involving these four surviving senior Khmer Rouge leaders have been in the Pre-Trial Chamber over issues of pre-trial detention and jurisdictional issues. Beginning in June 2011, the Trial Chamber will hear the substantive (sic!) arguments over the criminal charges (e.g. genocide, crimes against humanity, penal code of 1956 - sic!). Available in Khmer and French. Contact the ECCC for a free copy.
CLOSING ORDER
of Co-Investigating Judges You Bunleng and Marcel Lemonde
15 September 2010
Regulation of Marriage
Rationale for Spouse Selection
846. Duch states that there existed a policy that marriages should follow the equation of "1+1=2" meaning that only individuals of the same standing, especially in terms of party membership and social status, should be married.3570 This is corroborated by several witnesses across different zones.3571One witness also referred to a rationale that persons who were married to foreigners were re-married to Cambodian nationals.3572
847. There is also evidence that when the army wanted their soldiers to marry, they would pick women from the villages3573 or that marriages of soldiers were arranged through the use of numbers where groom with the number one was supposed to be married with the bride holding number one etc.3574 Some witnesses refer to the marriage of women to "disabled' soldiers.3575 Another witness states that if persons refused to marry, they would be married "to a Khmer Rouge handicapped soldier"3516
Coercive Circumstances
848. Most witnesses state that they were forced to marry3577and/or feared to oppose the will of "Angkar".3578 It appears people generally did not know their future spouses before theceremony and had no influence on the decision. Witnesses state that they were told to marry the person identified for marriage regardless of whether they liked it or not:3581 one civil party specified that she could not oppose the wedding because she did not know to where she could escape;3582 another witness had been sent to reeducation after she refused a previous marriage proposal, and thus she was afraid to not agree to get married, etc.3583 Although some attempted to refuse,3584other witnesses state that if marriage was refused, the person would be sent to a mobile unit3585 or worksite,3586 "removed' from the unit3587 or sent to be reeducated3588 or"disappeared meaning that taken to be killed" 3589 or they would be accused of being "traitors"3590 or would be "smashed or killed by Angkar".3591 Others state they did not dare to object3592 specifying that some people committed suicide either by drowning into the water or poisoning themselves.3593
849. Several witnesses have confirmed this fear of being killed.3594 One civil party states that her sisters were forced to marry CPK cadre despite attempting to avoid the marriage by faking illness and they were later killed, along with other women who had refused to marry.3595 Another witness states that if people made decisions on who to marry on their initiative, they would be taken away to be killed.3596
850. However, there are some instances where individuals successfully objected to the marriage.3597 One witness states that in her unit, the women collectively denied marriage requests by a men's unit and subsequently were not forced to be married.3598 Another witness states that women refusing to marry were left in their working battalions and not forced to marry.3599 A disrobed former monk repeatedly refused to be married and was not punished for his refusal.3600
851. Similarly, some witnesses state that their spouse had some degree of influence on the choice of their future spouse as a result of a request made to the authorities.3601 One witness specified that he protested against his match because he loved another woman and was then allowed to marry the woman he preferred.3602
852. Duch states in interview that although a party cadre would propose marriage, proposals were made to couples known to want to marry.3603 Another witness who himself arranged marriages states that most couples were satisfied and that those who were not were given "imagination counseling" after which they agreed to their marriage.3604 Several other witnesses stated future spouces had some degree of choice in the marriage.3605
Marriage Ceremony
853. Witnesses refer to marriages taking place in diverse locations: in official buildings (the district office,3606 the Party office,3607 the military unit,3608 the communal kitchen,3609a hospital,3610 or at a meeting place,3611 etc); or in public places (a vehicle parking area,3612 a rice field,3613 or at worksites,3614 or cooperatives,3615 etc). Some witnesses give evidence of marriages taking place in pagodas.3616
855. The marriage ceremony followed a similar pattern. Witnesses state that they were provided with new black clothing and krama scarves.3617 Witnesses state that couples were brought together either sitting3618 or standing3619 next to each other or holding hands3620 and being made to make vows3621 to accept each other3622 and to work to achieve the objectives of "Angkar"3623 and the revolution.3624 Others refer to spouces walking under a flag3625 and reading out their spouses' biographies.3626 Witnesses give evidence of the absence of traditional Cambodian ritual3627 such as the participation of monks.3628
856. With respect to who was present at the ceremony, most witnesses state that it was simply the other couples and the persons who arranged the ceremony, and that family members were not present, in particular the mother and father.3629Although one civil party gives contrary evidence of staying with their parents for three days after the wedding ceremony.3630 Another witness states there was no celebration, the couples simply walked to their respective houses afterwards.3631
857. One witness who denies that forced marriage or mass ceremonies took place states that families participated in wedding ceremonies.3632 According to another witness, Pol Pot had said that parents should attend marriages.3633 Some witnesses state that weddings were followed by a shared meal.3634 Duch states that for him, his family and the family of his spouse (whom he had authority to choose himself) were allowed to participate in his own wedding. He recieved preferential treatment due to his superior position, however he recognises that he was not able to express his wish to have his mother give him her best wishes during the ceremony.3635
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