PART THREE: LEGAL FINDINGS
XIII. CRIMES AGAINST HUMANITY
A. "CHAPEAU" ELEMENTS
B. UNDERLYING OFFENCES CONSTITUTING CRIMES AGAINST HUMANITY
1408. The legal elements of the crime against humanity of torture have been established.5267 These facts concern persons who were tortured in the security centres at Koh Kyang, Kok Kduoch, Kraing Ta Chan, the North Zone security centre, Phnom Kraol, Prey Damrei Srot, S-21, Sang, and Wat Tlork. The legal elements of torture have also been established in regard to the Prey Sar worksite, the Tram Kok Cooperatives, in regard to the treatment of the Cham.
1409. As regards the actus reus, on numerous occasions, CPK cadres through their acts or omissions, deliberately inflicted severe harm and suffering, both physical and mental, during interrogations.
1410. Taking account of all the objective and subjective elements of the case, the treatment to which these people were subjected was so severe that it amounts to torture: the methods used, coupled with the inhumane conditions and the context of terror in the security centres, had very serious physical and psychological effects, and in some cases, resulted in death. Torture was both premeditated and institutionalized as the centrepiece of CPK policy against "enemies". It took the form, inter alia, of beatings, applying electric shocks, asphyxiation with a plastic bag, simulated drowning, puncturing and extracting fingernails and toenails and inserting needles in them, inflicting cigarette burns, forcing detainees to pay homage to images of dogs or other objects, force-feeding of excrement and urine, direct or indirect threats to torture or kill detainees or their family members, the use of humiliating language, plunging detainees in a water jar or suspending them by their hands tied behind their back.
1411. Such abuse was mainly aimed at obtaining information and extracting confessions from the victims concerning their subversive activities and to identity members of their "network" for arrest.
1412. Furthermore, the perpetrators of these crimes acted in an official capacity: they carried out these acts within a clear command structure, notably that of the CPK security services.
1413. As regards the mens rea, the facts in this case demonstrate the intentional nature of the acts or omissions through which serious harm and suffering were inflicted.
1414. The acts of torture, committed mostly by CPK cadres and security centre personnel, were an integral part of the means used to achieve the common purpose of eliminating "enemies". They were part of the attack against the civilian population, and this was known to the perpetrators and the Charged Persons. In addition to the security centres included in the judicial investigation, the practice of torture in security centres throughout the country, as reported by many witnesses and civil parties, testifies to the widespread perpetration of these crimes and clearly indicates that they were decided upon and coordinated by the CPK leaders within the framework of the common purpose.