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150. Other Khmer Rouge cadres and military personnel testified that they had not
been told about the evacuation beforehand. MEAS Voeun, a commander of Regiment
16, Division 1, in the Southwest Zone whose division was responsible for attacking
Phnom Penh from the southwest,438 CHUON Thi, who was in the same division, and
UNG Ren, an officer in Brigade 14 also attacking from the Southwest, testified that
their respective units did not receive orders to evacuate civilians from Phnom Penh.439
SAUT Toeing, NUON Chea’s bodyguard and/or messenger, PEAN Khean, a
messenger for the CPK, and SUON Kanil, a morse operator working close to senior
cadres of the Central Zone also knew nothing about plans to evacuate Phnom Penh
although on 17 April 1975 they saw a lot of people walking out of the city and Khmer
Rouge soldiers guarding offices around the city.440
151.
Although certain cadres were not informed of the decision to empty Phnom
Penh of its inhabitants prior to the final assault, the Chamber is satisfied on the basis
of evidence concerning the planning of this movement of population and cadres who
were informed of the plan in advance, and the consistent manner in which the
evacuation was executed throughout the city, that there was in fact a decision to that
00290514 (“I realized that prior to 17 April 1975, all commanders were invited to a meeting which was
about the evacuation of Phnom Penh […] [t]hose commanders subsequently communicated those plans
to subordinates”); Report by S. HEDER and M. MATSUSHITA: Interviews with Kampuchean
Refugees at Thai-Cambodia Border, E3/1714, February-March 1980, p. 60, ERN (En) 00170751
(“About 10 days before the liberation, the plan to evacuate Phnom Penh was sent down. This came
after fall of Neak Loung. There was no set-period in which people were supposed to be gotten out of
city but each unit and region was to make its own decision”).
438
T. 3 October 2012 (MEAS Voeun), pp. 88-89, 93-94.
439
T. 3 October 2012 (MEAS Voeun), p. 95; T. 9 January 2013 (UNG Ren), pp. 41-42; T. 24 April
2013 (CHUON Thi), p. 47.
440
T. 19 April 2012 (SAUT Toeung), pp. 78-81; T. 2 May 2012 (PEAN Khean), p. 57; T. 24 April
2013 (CHUON Thi), pp. 30, 45-48, 71; T. 14 December 2012 (SUON Kanil), p. 57; T. 17 December
2012 (SUON Kanil), pp. 21-22; See also, UM Keo Interview Record, E3/5173, 8 May 2008, pp. 2-3,
ERN (En) 00272659-60 (“When my unit arrived, I saw LON Nol soldiers had raised white flags, but
my unit had no plans to chase or evacuate the people from Phnom Penh because before entering Phnom
Penh, my squad had already received orders from the commander … [When] we heard them announce
for the people to leave the city, my regimental commander wondered about this, because my unit had
received orders to maintain and keep the people as normal”); HIM Han Interview Record, E3/5532, 18
December 2009, p. 3, ERN (En) 0042533 (did not know about the plan to evacuate, only knew of the
plan to capture Phnom Penh); See also, Report by S. HEDER and M. MATSUSHITA: Interviews with
Kampuchean Refugees at Thai-Cambodia Border, E3/1714, February-March 1980, p.36, ERN (En)
00170727 (A man from Tambon 13, Takeo, in Southwest, stated “[A]s far as I know, the plan to
evacuate Phnom-Penh was not announced ahead of time. […][But] I feel that the plan to evacuate
Phnom-Penh was part of a general, long standing policy because that was what we had always done
before when we liberated an enemy zone. In the past, we evacuated people from the zones we liberated
because we were afraid we would be unable to hold these areas against counter-attack and thus unable
to maintain peoples’ security. And also because people were source of labour power [sic]. And if we
gather up the people we would have forces with which to defeat the enemy.”)
Case 002/01, Judgement, 7 August 2014 - Public
83
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