Prosecution Closing Arguments Conclude in Case 002/02

At 9:03 a.m., Judge Nonn began today’s proceedings. The Greffier confirmed that all parties were present except for Civil Party Lead Co-Lawyer Pich Ang, and Nuon Chea, who is watching the proceedings remotely. Judge Nonn accepted Nuon Chea’s waiver of his right to be present at today’s hearing due to his medical condition.

International Deputy Co-Prosecutor Dale Lysak continued his presentation from yesterday.

Mr. Lysak reminded the Chamber that he had been discussing the crime of imprisonment and the deprivation of the right to liberty for thousands of people at the security centers without any due process. Mr. Lysak began with a discussion of the use of confessions from S-21, usually torture-induced confessions, that implicate other people as the basis for arrests.

He noted that the S-21 prison chief and his deputy both testified that confessions were sent from Phnom Penh to the Division 801 secretary, after which the named persons were arrested in the division and sent to the division prison at Au Kanseng. Evidence in support of this testimony includes a surviving S-21 confession which includes a handwritten note from Khieu to Comrade Roeun asking him to pick out the relevant named persons in Division 801. In a subsequent report from the division secretary to Son Sen (a CPK party leader), the report states that they were following the trail of new and old elements against the revolution, and also those newly and previously implicated by the enemy.

Mr. Lysak gave an example of how the same process and documentary evidence happened in Phnom Kraol in Sector 105. A high-ranking cadre from Sector 105 (who passed away before this trial) stated in an interview with OCIJ that he saw confessions which had been sent to the Sector 105 military chief. In addition, there is in evidence a telegram from Sao Sarun, Sector 105 Secretary, to leaders in Phnom Penh confirming the arrest of a person who had committed moral offenses and who had been previously implicated in another’s confession. In this telegram, he also asked for instructions from the center on what to do with the prisoner. There is handwritten note on this telegram that confirms that it had been specifically forwarded to Nuon Chea.

Sao Sarun testified in this case that he had sent this telegram, Sao Sarun claimed that the instruction that he received back from party leaders was to release the prisoner, but other witnesses who knew the prisoner testified that the person had disappeared from Mondulkiri and was never seen again. Sao Sarun also testified that he had received from the center the names of Sector 105 cadres who had been implicated in an S-21 confession of the head of the Sector 105 commerce office.

Mr. Lysak offered another example where relatives were targeted. Witnesses testified about a group of men who fled one of the commerce offices for Vietnam, leaving their wives behind. The wives were subsequently sent to S-21.

There are many documents available from S-21, and many of these corroborate the policy of sending persons to S-21 based on confessions from other prisoners. Mr. Lysak said that the arbitrary and extrajudicial nature of arrests can be seen in a letter to Duch from a member of the committee at the Kampong Som port, regarding a cadre from the North Zone who was being sent to S-21. The letter states that this “contemptible” person was being transferred to S-21, along with his “contemptible” wife, and that he was related to other “contemptible” persons. The person was being transferred because of three driving-related incidents, specifically that he did not know how to brake properly, he used the wrong vehicle to tow a truck and overheated the engine, and he caused damage to an excavator’s suspension when he drove it down a mountain and braked by dragging the shovel along the road, which then broke the suspension. The driver was sent to S-21 and three weeks later was sent to his execution. Mr. Lysak emphasized that this was a perfect example of why due process is necessary before persons are deprived of their liberty.

Mr. Lysak gave a similar example for the Kraing Ta Chan prison. One of the documents that survived from that prison identifies 29 prisoners. The first 20 were mostly former Lon Nol soldiers who were arrested because they were part of a network that planned to escape to Thailand or Vietnam. The next seven prisoners had broken spoons or hoes in their cooperatives. Prisoner number 28 had complained about the food, and prisoner number 29 was an elderly former village chief who had taken food to eat.

Mr. Lysak stated that according to a review of the evidence from Kraing Ta Chan, approximately half of the documented Kraing Ta Chan prisoners were former soldiers, officials, or police from the Khmer Republic. Witnesses had testified regarding the instructions given by the Tram Kok district committee to identify and purge former Lon Nol who held ranking position. Almost three-fourths of the former Lon Nol prisoners at Kraing Ta Chan held the office of warrant officer or higher.

With regard to the purge of former Lon Nol officials, the defense for Nuon Chea offered a contrary witness. Mr. Lysak reminded the Chamber that this witness had Tram Kok early in the regime, and his story is undermined by the fact that his brother was a former Lon Nol soldier who was arrested and imprisoned by much of the regime.

Regardless of discrepancies or disputes between witness testimony on the policy at Tram Kok, is resolved by surviving records from communes that clearly document an instruction and policy to target Lon Nol officers. Mr. Lysak reviewed two of these commune documents that detail successive efforts to find and smash former “enemy officers.”

Mr. Lysak stated that arresting or imprisoning relatives because they held a position in or supported a former regime is not due process, but persecution.

Also related to Kraing Ta Chan, the first witness before the Chamber in this case testified that almost his entire family was arrested and imprisoned in Kraing Ta Chan because his father and brother-in-law tried to vote out a local village chief. Mr. Lysak offered a document that corroborate this detention and references the execution of his father and brother-in-law. Mr. Lysak gave another example of a woman and child who spent 1.5 years at Kraing Ta Chan because of the confession of her co-worker.

Mr. Lysak next reviewed the conditions at the prisons, discussing the prisons together. He noted that there are five truths about the inhumane conditions common to all of the security centers:

  1. Prisoners were shackled in their cells.

  2. Prisoners had to relieve themselves in cells while shackled in their cells.

  3. Hygiene was nonexistent.

  4. Prisoners did not receive sufficient food.

  5. Prisoners often became ill, did not receive proper medical care, and many died as a result.

With regard to the use of shackles, Mr. Lysak showed photographs of the different ways that prisoners were shackled at the different prisons, for example, at the big prisons, the shackles were connected to long metal bars. Many prisoners were shackled at all times, including when they slept. Witnesses testified that the effect of the shackling was severe pain and numbness in prisoners’ legs, making it difficult to walk.

Next, Mr. Lysak described how prisoners had to use a variety of containers to relieve themselves, such as coconut shells, bamboo tubes, ammunition cases, or other such containers that were passed from one prisoner to another. They had to eat and sleep where they relieved themselves.

Mr. Lysak described how the lack of hygiene caused many of the prisoners to suffer from bed bugs or body lice. Cells were infested by bugs and rodents. Witnesses testified to the harmful effects of the lack of hygiene, which were both physical and mental. Witnesses also described the smell of death at the prisons.

Mr. Lysak gave examples of the lack of food at the prisons. Witnesses described their hunger at the prisons and the size of the rations. The portions were insufficient such that women could not produce breast milk, which in turn resulted in the death of their nursing children. Witnesses said they did not think of anything other than being thirsty or hungry, and one witness said that he would have eaten human flesh, just so that he could stop being hungry.

Lastly, on the subject of medical care, Mr. Lysak recalled the Au Kanseng prison chief’s testimony that more prisoners died from disease than executions. At Kraing Ta Chan, when people died, they were left in the cells overnight. And at S-21, daily reports would have notes at the bottom in handwriting detailing the prisoner deaths from disease. One witness testified that his father had been in good health before his arrest, and had only been at S-21 for one month before he died of dysentery and wounds.

Mr. Lysak noted that Annex F, filed with the prosecution final brief, lists the daily totals from the S-21 daily control lists that recorded the deaths each day by disease. There were records available for 258 days and during this period, 235 prisoners died from disease at S-21, with an increase of deaths over time.

Mr. Lysak referred to Chum Mey testimony about the conditions at S-21. Chum Mey testified that he never thought he would survive S-21 and every day he lay on his back and waited to die. Mr. Lysak noted that the Nuon Chea Defense has questioned Chum Mey’s detention at S-21, even though Duch and other survivors have testified that Chum Mey was at S-21, there are multiple prison lists that identify Chum Mey at S-21, and his confession is in the surviving S-21 records. Mr. Lysak noted the critical role of a vigorous defense in these proceedings, but he also noted that the defense attack on Chum Mey was void of merit and suggested that it highlights the weakness in Nuon Chea’s defense in this case.

Mr. Lysak next discussed the crime of torture. He said that it has been proved beyond any doubt that torture was used at the prisons, as it has been described by survivors, admitted to by the interrogators, and by the chief of the prison at the time he was on trial for that crime. There were also notebooks kept by S-21 interrogators that document their systematic use of torture. The torture at S-21 was not minor – it included severe beatings, electric shocks administered until the victim was unconscious, and pulling out fingernails and toenails.

Mr. Lysak then gave several examples of torture testified to by witnesses, and corroborated by documentary evidence. Some of the strongest documentary evidence is the contemporaneous notebooks of interrogators that contain the instructions and training that they received. The instructions were explicit on the use of torture, stating that it cannot be avoided, the only question is whether there will be a little or a lot of torture. The instructions also stated that the objective of torture is to get the victims’ answers, so they must feel pain so that they respond quickly.

Mr. Lysak reviewed additional witness testimony from prisoners at the different prisons who survived or witnesses torture at those prisons. One of the highlights of Mr. Lysak’s presentation on torture was the linking of similar torture methods across all the prisons. For example, he presented evidence that reports from Kraing Ta Chan and Trapeang Thom commune both confirmed the use of hot and cold interrogations on prisoners. Mr. Lysak thinks the reference to hot and cold interrogation methods in this district is significant as hot and cold methods were also used in S-21.

Mr. Lysak stated that this evidence shows that torture was widespread and systematic and used across all prisons. The use of torture was also widely known, from the commune chiefs to the party leaders. For example, one of the members of the CPK standing committee, Vorn Vet, had instructed Duch how to torture using a plastic bag.

With regard to the knowledge of the Accused of the use of torture, Mr. Lysak explained that the annotations on documents like confession summary reports show that those reports were distributed to zone, division, and ministry leaders around the country. Confession summaries frequently contained descriptions of the use of torture.

In their own words, Nuon Chea told to Thet Sambath, his biographer, that people normally confessed after beatings and torture, and Khieu Samphan admitted to a reporter from Le Monde that “there was indeed a state institution in which systematic crime, torture, extermination, were state policy.”

Next, Mr. Lysak presented evidence on the crime of murder and extermination. He stated that the evidence shows that the killings at the security centers were conducted at a massive scale and the evidence of this is beyond any dispute.

In his first example, Mr. Lysak explained how, the prison chief, deputy chief and surviving prisoners from Au Kansang prison all testified to a mass execution of between 100 to 200 prisoners from Vietnam that took place at the security office. The prison chief and deputy also testified that the order to kill these prisoners came to them from Division 801, but that the order had come to Division 801 from the Northeast Zone secretary. This was relevant because it was the Northeast Zone secretary who had reported that Division 801 had arrested 209 Vietnamese who had come across the border. And it was the Northeast Zone secretary who had contacted the party leaders on how to proceed. The telegram requesting instructions was copied to Nuon Chea, Office 870 and the center archives.

Mr. Lysak concluded that what is clear from this example is that the leaders in Phnom Penh were to decide the fate of these prisoners.

Mr. Lysak then gave two more examples of killing on a massive scale at Kraing Ta Chan and at Tram Kok. Briefly, the guards who worked at Kraing Ta Chan and the few survivors testified that with few exceptions the prisoners who were sent to Kraing Ta Chan were killed. He gave examples of witness and civil party testimony that corroborated this. As at S-21, the testimony of these witnesses is confirmed with contemporaneous documents from Kraing Ta Chan. Mr. Lysak showed the court a monthly report from Kraing Ta Chan that totaled the number of people entered the prison, how many were killed that month, the number who died from illness, and how many remained in the prison. Another Kraing Ta Chan interrogation report contains a handwritten order from the Sector 13 Secretary to “smash them all”.

Mr. Lysak also highlighted witness testimony and documentary evidence that showed that a Tram Kok District Secretary authorized the killing of children and toddlers who would not be separated from their mothers who were to be executed. Mr. Lysak stated that these killings were not rogue acts, but done pursuant to the policies and instruction from the CPK leaders.

Mr. Lysak reviewed the analysis of remains from mass graves at the Kraing Ta Chan, noting that the remains had not been properly maintained over the years so the number analyzed will not accurately reflect the original number of remains. An analysis of the approximately 1,900 skulls from Kraing Ta Chan shows the clear markings of violent trauma inflicted on them.

Mr. Lysak then reviewed the evidence of murder and extermination at S-21. He noted that Duch and the prison cadres have testified that all who came to S-21 were to be smashed. This testimony comes from the cadre who wrote down the names of all who arrived, the guard who took prisoners from the S-21 compound to Choeung Ek, and the guard who escorted the prisoners to the mass graves at Choeung Ek where they were killed. A study of the remains at Choeung Ek was done and of the more than 6,000 skulls examined, only one did not have any markings of violent trauma.

Mr. Lysak next discussed the documentary evidence of execution lists. To give some context, he noted that during the 1977 and 1978 purges there were at least 27 instances of mass executions where more than 100 persons were killed in a day. There was also a month in which more than 1,000 prisoners were killed. In October 1977, 418 were killed in one day at S-21. These execution lists show the intent to kill on a massive scale and prove that the crime of extermination was committed.

Next, Mr. Lysak clarified the change in the estimated number of people killed at S-21 that has occurred since the end of Case 001. When asked, Duch had said the actual number of people who were killed at S-21 may have exceeded the approximately 12,300 names that had been compiled into a list. Last year, OCIJ added to this list of executions at S-21 by reviewing all the entry records for S-21 and adding a source for each of the prisoners on the list. Due to time constraints, OCIJ only reviewed the entry lists for S-21, and subsequently, the prosecution team reviewed all of the execution records in evidence. The prosecution team updated the list with any missing execution dates for those prisoners already on the list, and added prisoners not yet listed. The reason that new names were found by the prosecution team is that both the entry lists and the execution lists for S-21 are missing records.

When the prosecution team finished, they had identified approximately 18,000 persons who had been detained at S-21, and where the original OCIJ list had 5,000 execution dates, the prosecution added an additional 6,000 execution dates, for a total of more than 11,000 confirmed execution dates.

Next, Mr. Lysak discussed the critical issue of Nuon Chea’s role at S-21. Some of the most damaging evidence against Nuon Chea comes from Duch, who has testified that he reported directly to Nuon Chea after Son Sen was assigned to the eastern battle front to command troops against the Vietnamese. Nuon Chea gave Duch his orders, including the East Zone purges and the purges of the RAK cadres toward the end of the regime. Duch’s testimony about his relationship with Nuon Chea is also substantiated by documentary and other witness testimony, which was covered in detail by Mr. Lysak. This testimony included a handwritten note by Duch on an instruction he received from Nuon Chea to remove names from a confession, testimony from Nuon Chea’s bodyguard that he personally delivered letters from the Accused to Duch, and returned thick envelopes from Duch to Nuon Chea. And finally, a film clip of Nuon Chea where he admits to Thet Sambath that he received many confessions from Duch and used them to educate the junior cadres.

Mr. Lysak stated that this evidence makes it that Nuon Chea played an integral role in the security office.

Mr. Lysak explained that while Khieu Samphan did not have the same role as Nuon Chea had when it came to S-21, Khieu Samphan clearly had knowledge and he made a significant contribution to the joint criminal enterprise.

One indication of Khieu Samphan’s role was his responsibility for the late King Father Norodom Sihanouk, possibly the most important prisoner in Cambodia. In March 1976 when King Sihanouk asked to resign, it was Khieu Samphan who took this request to the standing committee, where it was decided that the King was not allowed to leave the country but would be put into house arrest at the palace and kept alive if he did not resist. It was also decided to send a wire to the King’s children to return to Cambodia immediately for the New Year’s celebration. The real reason for the recall of his children was acknowledged in the minutes of the meeting, which was so that “the problem could be resolved cleanly.” Mr. Lysak stated that we know that many of the King’s children and family were killed.

Mr. Lysak showed a video clip of Khieu Samphan in which he reveals his knowledge of meetings and decisions by the standing committee on whether to arrest fellow CPK members. Mr. Lysak explained that Khieu Samphan described arrest decisions by Pol Pot and the standing committee in detail in this clip. Two of the standing committee members who regularly attended meeting with Khieu Samphan and Nuon Chea were sent to S-21, and later Khieu Samphan’s friend and colleague was also sent to S-21. Despite this, Khieu Samphan continued to wholeheartedly support and implement CPK policies. Just after his friend’s arrest in 1977, Khieu Samphan stated that “we must follow CPK policies and everything must be done neatly and thoroughly.”

In an interview with Steve Heder, Khieu Samphan spoke extensively about Vietnamese agents who had infiltrated the highest level of the party including the standing and central committees. The Accused stated that “we managed to deal with those people completely.”

Mr. Lysak stated that this evidence refutes the lie that Khieu Samphan repeated to OCIJ that he did not know of a single arrest during the Democratic Kampuchea.

Lastly, Mr. Lysak discussed evidence related to political education meetings and the Accused’s support of CPK policies. He noted that in these two trials, the Chamber has heard about political education meetings given by both Accused, sometimes together, and has heard witnesses describe the political education meetings. One witness heard Nuon Chea play a recording of a confession at one of these meetings.

Mr. Lysak recalled a speech that Khieu Samphan gave to people of the East Zone, where he instructed people to not betray the party or be killed. Nuon Chea, in an interview with Thet Sambath, clearly expressed his support for killings of traitors of the regime by saying that killing traitors saved the Khmer people and so it was the correct decision. He also said that if the individual becomes a problem, they must be solved. Nuon Chea, by his own admission, has no regrets for those who were killed because they were enemies of the people. He agreed with Pol Pot’s decision to kill all the traitors, at the time he just wanted to fix the problem and that was the correct solution. Thet Sambath asked Nuon Chea why the CPK leaders had to kill the traitors instead of imprisoning them for life, Nuon Chea responded, “that is an easy question to ask, but a difficult one to answer. At that time, we had no proper prisons, and if we kept them, they would spread and produce their eggs and many more would have been killed.” Mr. Lysak noted that Nuon Chea’s support of killing not just the person accused of disloyalty but the persons related to them.

Next, Mr. Lysak yielded the floor to International Co-Prosecutor Nicholas Koumjian, who spoke about crimes against the Vietnamese and the Cham, and the elements of genocide.

Mr. Koumjian began by emphasizing that genocide is a crime against a group. It does not depend on the number of persons killed, as compared to the crime of extermination, where killing must be on a massive scale. Because of this, theoretically genocide can be committed with a single killing if that killing was done with the intent to destroy a group. And a group has to be a national, ethnic, religious or racial group.

In Case 002/02, genocide is charged for the treatment of the Vietnamese and the Cham.

Mr. Koumjian reviewed a little of the history of genocide, noting that it came into existence as a crime in 1946, when the United Nations general assembly said that genocide is the denial of the right of existence of an entire group that shocks the conscious of mankind, results in great losses to humanity, and is contrary to moral law.

He reviewed the definition of genocide, which is particular. Genocide requires any of five different types of acts committed with the intent to destroy in whole or in part, a national, ethnical, racial or religious group, as such. The five types of acts are

  • killing members of the group;

  • causing serious bodily or mental harm to members of the group;

  • deliberately inflicting on the group conditions of life calculated to bring about its physical destruction;

  • imposing measures to prevent births; and

  • forcibly transferring children of the group to another group.

Mr. Koumjian noted that killing members of the group is what is charged in this case, specifically, that the destruction of the Vietnamese and Cham in Cambodia was caused, at least in part, by killing members of the group.

Before his discussion of genocide, Mr. Koumjian first addressed the defense position on intent and how intent is related to joint criminal enterprise. In Nuon Chea’s final brief, he makes the statement that the physical perpetrators of the acts have to share whatever the intent is for the crime at issue with the members of the joint criminal enterprise. Mr. Koumjian argued that this interpretation of the law is mistaken. He noted that the defense cited the ICTY Brdanin Trial Judgement, and it is accurate that the Trial Chamber did state this requirement for shared intent. However, Mr. Koumjian points out that this requirement was overturned on appeal on that very same case. Moreover, the appeal chamber and all the subsequent jurisprudence that addresses this issue recognize that the joint criminal enterprise can use a perpetrator to commit the crime.

He offered an example to illustrate this: the intent of the guards at Choeung Ek is irrelevant, as they were carrying out orders. It is not important whether the guards at Choeung Ek had genocidal intent, so long as they were being used by the joint criminal enterprise to carry out that act. So, the question at issue is whether the crime is part of the common purpose of the joint criminal enterprise, and it is the genocidal intent of the joint criminal enterprise members that matters. Mr. Koumjian quoted from a book called The Collective Theory of Genocidal Intent, which phrased the concept another way: “Low level actors [the shooters, the executioners at Choeung Ek with the hoes and with the knife] do not occupy a role that would allow them to destroy the group, and therefore they cannot truly form that intention. Whether physical perpetrators at the lower echelon of genocidal enterprises possess genocidal intent is no longer relevant to the attribution of physical liability of genocide.”

Mr. Koumjian next discussed the crimes against the Vietnamese. He noted that evidence in this case shows that the intent of what to do with the Vietnamese changed over time. At the beginning of the regime, it was CPK policy to remove the Vietnamese, usually by sending them to Vietnam. Over time, and towards the latter days of the regime, the intent was to kill the Vietnamese that remained.

Mr. Koumjian notes that deporting or transferring individuals is not a genocidal act, but that it can show the intent to commit genocide. In Srebrenica, the evidence showed that the Serbs transferred women, children, and elderly, which could be a physical means to ensure the destruction of the Bosnian Muslim community because it would make it harder to reconstitute the community. In case 002/01, the Secretary of Sector 105 testified that Pol Pot had said that he wanted to drive all the Vietnamese from the area of Democratic Kampuchea.

Mr. Koumjian notes that an issue of Revolutionary Flag describes the deportations by saying that there were many foreigners but one type of foreigner was strongly poisonous and dangerous to our people, they came to wolf us down, came to take away everything and endanger our nation and our people. In a later issue, it states that our revolution got them permanently out from our territory and swept thousands clean.

The policy of sending Vietnamese to Vietnam changed, and this was highlighted by the testimony of a high-level cadre at this trial revealed the true intent of the regime’s policy and how it changed. “I heard about Vietnamese living in Kampuchea. Vietnamese who lived in Cambodia did return to cause trouble to Kampuchea people and are not leaving. Initially, starting from 1970, they were peacefully sent back to their country by the Cambodian government and that continued until 1975. “And later on, we were instructed that Vietnamese had to be smashed because they did not return to their country.” Mr. Koumjian stated that this was the point at which the policy changed.

This message was what was disseminated to cadres in the country. In 1978, Nuon Chea praised the army for crushing the Vietnamese strategy of exterminating the Kampuchean race. Mr. Koumjian said that often, those leaders who are planning a genocide will often characterize the victims as a threat to their own people to incite the killing. He gave examples from Nuon Chea, Khieu Samphan and Pol Pot where they predicted the end of the Khmer people by the hand of the Vietnamese, depicted the Vietnamese as barbaric and cruel, and accused the Vietnamese of having genocidal intent against the Khmer.

Mr. Koumjian provided evidence that this was a strategy on the part of the CPK leaders, as King Norodom recalled that he had a conversation with Khieu Samphan where Khieu Samphan said that to unite the people the best thing we could to is incite them to hate the Vietnamese more and more every day.

The Democratic Kampuchea leaders looked for a foreign enemy to blame for the suffering of their people.

In 1978, Office 870 disseminated instructions that it was imperative to constantly stir up national and class anger against the Vietnamese. At that time, the only committee member at Office 870 was Khieu Samphan. Witnesses testified that the instruction from the leaders to cadres was to kill all Vietnamese as the Khmer’s hereditary enemy, even if the person in question was a baby.

With regard to the genocidal intent of the CPK, Mr. Koumjian stated that the words of the leader of an organization are critical in understanding what the organization intends. Pol Pot gave a speech in which he stated that “we have implemented one against 30, meaning we lose one, the Yuan lose thirty.” He went on to say when we have two million, they need 60 million, so we already have more than we need because they only have 50 million. This indicated that, if there were 8 million Cambodians at the time, then Pol Pot was willing to sacrifice 2 million to kill all the Vietnamese because 2 million people is enough to kill the 50 million Vietnamese.

Mr. Koumjian stated that one of the consequences of this policy and incitement could be seen in actions by Democratic Kampuchea troops when the crossed the border and attacked in Vietnam. He recognized that attacks in Vietnam are outside the scope of this case, but noted that they are relevant to intent. He also noted that the defense position is that these attacks did not occur.

Mr. Koumjian said that it has been shown in trial, including by an expert requested by defense, Steven Chandler that in 1977 the Khmer Rouge attacked several villages and towns in southern Vietnam, burning houses and killing hundreds of people. Other witnesses testified to the brutality and mindlessness of the violence of the attacks.

Mr. Koumjian noted that this violence was also commented on by Khieu Samphan in his book about Cambodia’s recent history, where he wrote that the events recounted are irrefutable and there is no doubt that the Khmer Rouge made forays into Vietnamese villages along the border, committing appalling crimes against Vietnamese civilians. There is documentary evidence corroborating that Khieu Samphan and Nuon Chea knew about these attacks, including telegrams sent to Pol Pot, Khieu Samphan, Nuon Chea, and Office 870 describing the firepower used, the destruction of military and civilian houses, and the killing of Vietnamese.