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early April 1975 in order “to command the […] liberation of Phnom Penh.”418 KHIEU
Samphan admitted that he had relocated to B-5 to “follow the last offensive against
the capital more closely”, although he denied participating in the work of the
headquarters.419 The Chamber notes that IENG Sary was also aware of the meeting
(which he placed in late March or early April 1975) at which the evacuation of Phnom
Penh was discussed, although he claimed not to have been present himself.420
146. At the meeting, leaders reported on the battlefield situation in their various
regions.421 POL Pot again raised the issue of the evacuation of Phnom Penh.422 The
military commanders noted that it would be difficult for the cadre to control the
people if the city was not evacuated.423 POL Pot discussed the success of experiments
with earlier liberation’ of towns and cities as did NUON Chea. 424 According to PHY
Phuon, both NUON Chea and KHIEU Samphan supported the plan, and all meeting
participants applauded, indicating agreement with the proposal to evacuate Phnom
Penh in line with the policy to evacuate urban areas as they were liberated from
enemy control.425
418
T. 30 January 2012 (NUON Chea), (En) p. 38, (Kh) p. 28 (the Chamber relies on the Khmer
transcript in light of differences in language versions); See also, Notes used by accused NUON Chea
during the hearing of 5 December 2011, E148, ERN (En) 00950527
419
Book by KHIEU S.: Cambodia’s Recent History and the Reasons Behind the Decisions I Made,
E3/18, p. 54, ERN (En) 00103750; KHIEU Samphan Interview Record, E3/27, 13 December 2007, p.
3, ERN (En) 00156743; T. 30 July 2012 (ROCHOEM Ton alias PHY Phuon), pp. 57-59 See also
Section 3: Historical Background, paras 144-147.
420
IENG Sary Interview by Stephen HEDER, 17 December 1996, E3/89, ERN (En) 00417603.
421
T. 26 July 2012, (ROCHOEM Ton alias PHY Phuon), pp. 14, 23.
422
T. 26 July 2012, (ROCHOEM Ton alias PHY Phuon), p. 13.
423
T. 26 July 2012, (ROCHOEM Ton alias PHY Phuon), p. 14.
424
T. 26 July 2012, (ROCHOEM Ton alias PHY Phuon), p. 24.
425
T. 26 July 2012, (ROCHOEM Ton alias PHY Phuon), pp. 14, 16, 23-24; T. 31 July 2012
(ROCHOEM Ton alias PHY Phuon), pp. 44-45; The KHIEU Samphan Defence challenges the
credibility of this witness, alleging that he contradicted himself in his description of the location of the
meeting and his ability to observe and hear what was occurring. See, KHIEU Samphan Defence
Closing Brief, 26 September 2013, paras 19-33. Having examined the context of the witnesses’
testimony, the Chamber considers his testimony to be largely consistent with his statement to the CoInvestigating Judges. See T. 2 August 2012 (ROCHOEM Ton alias PHY Phuon), p. 17; T. 30 July
2012 (ROCHOEM Ton alias PHY Phuon), pp. 57-61; ROCHOEM Ton alias PHY Phuon Interview
Record, E3/63, 21 September 2008, ERN (En) 00231410; In particular, it appears from the Khmer and
French versions of the Interview Record (E3/63) and the Khmer transcripts of that interview (E3/63.1)
that the witness described the place where the meeting took place as an ordinary shed and further he
was consistent in his statements that he was able to hear and to see everything inside; See also, Section
3.4.1: June 1974 (At which the Central Committee decided upon the strategy for the final offensive to
‘liberate’ the country, including evacuation); Section 3: Historical Background, paras 148-151 (Orders
issued following the early April 1975 meeting and relating to the plan for the final offensive concerned
Phnom Penh and all territory still held by the enemy).
Case 002/01, Judgement, 7 August 2014 - Public
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