01005708
Case File No. 002/19-09-2007/ECCC/TC
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3. HISTORICAL BACKGROUND195
79.
The events during the Democratic Kampuchea era must be understood within
the context of events that preceded it and in particular the development of the
Communist Party of Kampuchea (“CPK”). As the CPK grew, it developed and put
into practice a number of policies in order to achieve its goals. The existence of each
of these policies is examined in this section in order to provide a full picture of the
situation prior to 17 April 1975. This section considers the historical development of
CPK policies while their overall implementation will be the subject of subsequent
chapters which comprise a general overview of events during the temporal scope of
the charges or the specific crimes charged in this case.196 Two of these policies, the
forced movement of the population and the targeting of Khmer Republic soldiers and
civilian officials, are the subject of charges within Case 002/01 and are consequently
examined in greater detail. Further to the existence and, where relevant, the
implementation of the CPK policies, the Chamber examines below the general
conditions in Phnom Penh leading up to the final assault of the city which began in
January 1975 and culminated in the takeover and evacuation of Phnom Penh on 17
April 1975.
3.1. General Overview and Establishment of the CPK
80.
In establishing the history of the CPK set out below, the Chamber has relied
upon the testimony of NUON Chea and on a number of key documents, including
Revolutionary Flag magazines and the transcript of a 1998 interview197 given by
NUON Chea to KHEM Ngun, a former assistant to Ta Mok.198 When questioned
about this interview, NUON Chea attempted to discredit KHEM by stating before the
Chamber that the latter was a spy for HUN Sen, a Co-Prime Minister of the
195
The evidence discussed in this section is for the purpose of establishing the historical and factual
context of events within the temporal jurisdiction of the ECCC. Such may include: clarifying a given
context, establishing by inference the elements of criminal conduct within the temporal jurisdiction of
the ECCC, or demonstrating a deliberate pattern of conduct. See Nahimana Appeal Judgement, para.
315.
196
See Section 4: General Overview; Section 10: Movement of the Population (Phase One); Section
11: Movement of the Population (Phase Two); Section 12: Tuol Po Chrey.
197
T. 14 December 2011 (NUON Chea), pp. 40-43; Video Record of NUON Chea testimony,
E1/23R, 15 December 2011 (session 2) at 50:00-50:15 (Counsel repeating 1998 as date of interview).
198
NUON Chea Interview by KHEM Ngun, E3/3, Undated, fn. 1; T. 15 December 2011 (NUON
Chea), pp. 45-46.
Case 002/01, Judgement, 7 August 2014 - Public
41
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