01005799
Case File No. 002/19-09-2007/ECCC/TC
E313
POL Pot made it clear that the primary function of the DK government was to
implement the CPK party line:
The true nature of our new government is that of a revolutionary
government of the pure worker-peasants, of the pure Communist
Party of Kampuchea…members of the Government and members of
the Committees in all sectors must grasp the true nature of our
Government and our duties, and strive to fulfill their tasks well,
following the Party line. Grasping the Party line means grasping the
organizational stance of the Party and grasping the political
objectives of the Party in every Sector in order to implement the
policies of the Party well and correctly…
…[I]n the frameworks of each of the individual ministries, it is
likewise. That is, we must strive to fulfil our tasks along the Party
line correctly, carefully, and completely…748
238. As to the third branch of the state envisaged by the DK Constitution, the
judiciary, the PRA professed to create (and appoint the chairman of) a ‘Judicial
Committee’ at its session in April 1976.749 However, no functioning judicial system
was ever established under the DK regime.750
239. The NUON Chea Defence submits that the Closing Order is inaccurate insofar
as it suggests that the CPK was co-extensive with the DK administration.751 However,
the highest offices of state in DK – Prime Minister, President and chairman of the
PRA – were occupied by senior CPK members. Other government leaders and
ministers were appointed by, and reported to, the CPK. There was no functioning
legislative or judicial branch. In short, DK was, in the words of KHIEU Samphan, a
country where “the party leads the state”.752
748
Presentation by the Party Secretary, E3/818, 22 April 1976, pp. 1-2, ERN (En) 0014346100143462.
749
DK People’s Representative Assembly Meeting Minutes, E3/165, 11-13 April 1976, p. 22, ERN
(En) 00184069.
750
T. 6 May 2013 (Philip SHORT), p. 68; T. 26 March 2012 (KAING Guek Eav), p. 57.
751
NUON Chea Defence Closing Statement, para. 189.
752
KHIEU Samphan Interview Record, E3/27, 13 December 2007, p. 9, ERN (En) 00156749. See
also, T. 4 September 2012 (NORNG Sophang), p. 21 (describing the CPK as “the supreme body with
the highest authority” and observing that “even the State Presidium, the People’s Representative
Assembly…were under the supervision of Committee 870”).
Case 002/01, Judgement, 7 August 2014 - Public
132
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