01005775
Case File No. 002/19-09-2007/ECCC/TC
E313
considered that the feudalist and capitalist classes had to be eliminated.583 These ‘New
People’ were perceived as political and social enemies of the revolution and the
collective system.584 Further, all Cambodians were to be part of the revolution and the
collective system.585 Any who opposed, or were perceived to oppose, the revolution
and collective system were targets for mistreatment and acts of violence.586 The
Chamber is therefore satisfied that the attack was carried out on political grounds.
196. According to the Closing Order, parts of the attack also targeted Buddhists, the
Chams and the Vietnamese on the basis of their nationality, ethnicity, race and/or
religion.587 These portions of the attack fall outside the scope of Case 002/01. Having
already determined that the widespread attack was carried out against the civilian
population on political grounds, the Chamber therefore declines to make findings as
to whether parts of the attack were also done on national, ethnical, religious and/or
racial grounds, as this will be examined in future trials.
197. The Chamber is further satisfied that there is a nexus between the acts of the
Accused and the attack. The acts of the direct perpetrators and the Accused during
movement of population (phases one and two) and during executions of former
Khmer Republic officials at Tuol Po Chrey were committed between 17 April 1975
and December 1977 and were done pursuant to, and in furtherance of, the Party’s
policies and plans to defend and build socialism.588 Finally, considering the scale and
scope of the attack589 and the fact that it was undertaken in furtherance of, and
pursuant to, Party policies and plans,590 the Chamber is satisfied that both the direct
583
See Section 3: Historical Background, para. 113; Section 4: General Overview: 17 April 1975 – 6
January 1979, para. 169; Section 14: Joint Criminal Enterprise, paras 726, 731, 788, 815.
584
See Section 3: Historical Background, paras 117-118; Section 4: General Overview: 17 April 1975
– 6 January 1979, para. 169; Section 14: Joint Criminal Enterprise, para. 726.
585
See Section 3: Historical Background, fn. 318; Section 4: General Overview: 17 April 1975 – 6
January 1979, para. 169; Section 14: Joint Criminal Enterprise, para. 724.
586
See Section 3: Historical Background, paras 117-118, 120, 123; Section 4: General Overview: 17
April 1975 – 6 January 1979, para. 169; Section 14: Joint Criminal Enterprise, paras 814-818.
587
Closing Order, para. 1369.
588
See Section 4: General Overview: 17 April 1975 – 6 January 1979, para. 169; Section 10:
Movement of the Population (Phase One), paras 547-574; Section 11: Movement of the Population
(Phase Two), paras 630-657; Section 12: Tuol Po Chrey, paras 682-687; Section 13: Individual
Criminal Responsibility, paras 690-702 .
589
See Section 4: General Overview: 17 April 1975 – 6 January 1979, paras 169-173.
590
See Section 3: Historical Background, paras 104, 111-112, 116-118; Section 4: General Overview:
17 April 1975 – 6 January 1979, para. 169; Section 14: Joint Criminal Enterprise, paras 777-778, 804810, 835-837.
Case 002/01, Judgement, 7 August 2014 - Public
108
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents