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effect by the senior CPK leaders that was passed down the military hierarchy, albeit
imperfectly.
3.4.5. Conclusion
152. Given the evidence above, it is clear that NUON Chea was instrumental in the
decision to liberate and transfer the population from Phnom Penh and other urban
centres. KHIEU Samphan told the Co-Investigating Judges that he was not involved
in the decision to evacuate Phnom Penh learning of the evacuation from soldiers in
Oudong only before departing for Phnom Penh. He stated that he discussed the policy
of evacuating Phnom Penh, which he considered to be a grave mistake, after the fact
with POL Pot.441 While Philip SHORT considered that KHIEU Samphan was not part
of the decision-making apparatus,442 the Chamber does not find KHIEU Samphan’s
statements that he was entirely ignorant of the plans to evacuate Phnom Penh to be
credible. Given his close relationship with NUON Chea, POL Pot and IENG Sary,
and the evidence summarised above,443 the Chamber is satisfied that NUON Chea, as
well as KHIEU Samphan and IENG Sary, participated in the decision to evacuate
Phnom Penh and other urban centres.
441
KHIEU Samphan Interview Record, E3/27, 13 December 2007, pp. 6-8, ERN (En) 00156747,
00156749; KHIEU Samphan Interview by HENG Reaksmei, 15 October 2007, E3/586, pp.1-2; KHIEU
Samphan: Second “Open Letter”, E3/592, 29 December 2003, ERN (En) 00002804; I Knew Nothing,
(Newsweek International), E3/629, 18 September 2006.
442
T. 6 May 2013 (Philip SHORT), pp. 52-53; See Section 8: Roles and Responsibilities – KHIEU
Samphan, paras 385-387.
443
See e.g. Book by KHIEU S.: Cambodia’s Recent History and the Reasons Behind the Decisions I
Made, E3/18, July 2004, p. 55 ERN (En) 00103750; (“When I asked, they said the order had been
given to evacuate the entire population from the capital. My heart skipped a beat.”); T. 31 October
2013 (KHIEU Samphan), pp. 69 (“I never wanted or decided to evacuate the people, and neither did I
plan or decide [to do so].”), 70-71 (“I would like to reiterate that I did not witness the things that could
have happened days following the victory, and neither did I have any power to intervene, or sanction,
or rectify anything. Some even said that I was a coward. The reality was that I did not have any power
and I did not care about it either.”)
Case 002/01, Judgement, 7 August 2014 - Public
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