In June 2017, Parties to Case 002/02 returned to the Trial Chamber, six months after the end of evidentiary hearings, to hear closing statements from all sides in this second and final trial against Nuon Chea and Khieu Samphan; two surviving senior leaders of Democratic Kampuchea (DK). Over the course of two weeks, each Party presented their final oral arguments, summarizing the main points contained in the lengthy written briefs they each filed on 2 May 2017. This report summarizes the two weeks of closing arguments of the Office of the Co-Prosecutors (OCP), Lead Co-Lawyers for Civil Parties (LCLCP), and Nuon Chea and Khieu Samphan Defense Teams, who together covered a range of legal and procedural issues and cited testimony from among the 185 persons who appeared throughout the case. Many of these arguments were strengthened or in some way influenced by the recently released Supreme Court Chamber (SCC) Appeal Judgment in Case 002/01, which clarified some of Case 002’s persistent legal issues. This report begins with a summary of the four major legal arguments made by Parties over the course of the hearings and which underpin their subsequent arguments related to specific alleged crimes. These are: the temporal, geographical and historical context of the period in question, the reference to topics outside of the scope of Case 002/02, disputes over the probative value of certain evidence and the individual criminal responsibility of the two Accused. After establishing these main arguments, this report then presents a summary of Parties’ cases concerning the alleged crimes: those at worksites and cooperatives; security centers and internal purges; treatment of targeted groups; and the regulation of marriage. Finally, the report covers the Civil Parties’ request for reparations and the final statement of the Accused, Khieu Samphan. Nuon Chea declined to make a final statement and his lawyer labeled the proceedings “a show trial.” At the conclusion of the statements, Trial Chamber President Nil Nonn announced the judges would retire to prepare their judgment, which is currently expected toward the middle of 2018.
KRT Trial Monitor No. 80 – Closing Statements Case 002/02 (13 – 23 June 2017)