01005766 Case File No. 002/19-09-2007/ECCC/TC E313 never been identified and that many who died were never buried. 522 Overall, estimates indicate that between 600,000 and 3 million died as a result of Khmer Rouge policies and actions. Within this range, experts accept estimates falling between 1.5 and 2 million excess deaths as the most accurate.523 4.1. Chapeau requirements for crimes against humanity listed in Article 5 of the ECCC law 175. Where relevant to Case 002/01, the Closing Order charges the Accused pursuant to Article 5 of the ECCC Law with the following crimes against humanity “committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds”: (i) murder, (ii) extermination, (iii) political persecution, and (iv) other inhumane acts comprising (a) attacks against human dignity, (b) forced transfer and (c) enforced disappearances.524 522 Demographic Expert Report: Khmer Rouge Victims in Cambodia, April 1975-January 1979: A Critical Assessment of Major Estimates, E3/2413, 30 September 2009, p. 12, ERN (En) 00385255. 523 T. 25 July 2012 (David CHANDLER), pp. 9-12 (the consensus is that between 1.5 and 3 million people died under the Khmer Rouge); T. 10 April 2013 (François PONCHAUD), pp. 75-76 (in 1986, PONCHAUD estimated that 800,000 people were killed during the DK regime, CIA were estimating that 1.4 million people were killed and other embassies were estimating that 1 million people were killed); Article by P. HEUVELINE: The Unbearable Certainty of Numbers: Estimating the Death Toll of the Khmer Rouge Period, E3/1798, Nov-Dec 1998, p. 10, ERN (En) 00291624 (After reviewing various estimates, determining that the central interval, 1.5 to 2.5 million excess deaths, is most probable); Article by P. HEUVELINE: ‘Between One and Three Million’: Towards the Demographic Reconstruction of a Decade of Cambodian History (1970-79), E3/1799, 1998, p. 60, ERN (En) 00096735 (Heuveline estimates that there were 1.5 to 2 million excess deaths in 1975-1978, and states that, in his reconstruction, at least 600,000, and possibly as many as 2 million, deaths, cannot be accounted for by either a general decline in life expectancy or by the mortality due to the war prior to 1975); Article by B. SHARP: Counting Hell, E3/1801, undated, p. 24, ERN (En) 00078288 (After reviewing other experts’ figures, SHARP identifies a range of 1.747 million to 2.459 million deaths due to Khmer Rouge policies and actions; SHARP considers the midpoint of the range being 2.12 million “falls fairly close to the most likely figure”); Book by M. VICKERY: Cambodia 1975-1982, E3/1757, 1984, pp. 200-201, ERN (En) 00397115-16 (M. VICKERY estimated that 740,800 deaths were caused by the special conditions during the DK. He estimated that more than half were caused by hunger, exhaustion and illness and about 300,000 people were executed. He suggested that more accurate estimates were impossible and that it was impossible to project a figure of 1-2 million executions based on the data available in 1984); Demographic Expert Report: Khmer Rouge Victims in Cambodia, April 1975-January 1979: A Critical Assessment of Major Estimates, E3/2413, 30 September 2009, pp. 15-19, 64-70, ERN (En) 00385258-62, 00385326-32 (Excess death estimates published between 1980 and 1993 consistently approach one million, except VICKERY who suggested 740,000. Later estimates made between 1995 and 2009 range from 1.4 million to 2.2 million. After reviewing all these estimates, the authors accepted that the interval of 1.747 to 2.2 million deaths under the Khmer Rouge is the most likely range and determined that earlier estimates heavily underestimated the scale of actual killing by the Khmer Rouge). 524 Closing Order, paras 1373, 1375, 1377, 1379-1380 (murder); 1381, 1387-1389 (extermination); 1415-1418, 1423-1425 (political persecution); 1434-1436, 1439-1440 (other inhumane acts, attacks Case 002/01, Judgement, 7 August 2014 - Public 99

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