Case 002/02

On 15 September 2010, Nuon Chea and Khieu Samphan (together with Ieng Sary and Ieng Thirith) were indicted on charges of crimes against humanity, genocide and grave breaches of the Geneva Conventions of 1949 in what is referred as Case 002 before the ECCC. The charges against them are specified in the Closing Order of Case 002. As Ieng Thirith was found unfit to stand trial, and Ieng Sary died on 14 March 2013, the two remaining defendants in Case 002 are Khieu Samphan and Nuon Chea.

In September 2011, the Trial Chamber decided to separate (sever) the charges in the Case 002 Closing Order into a series of smaller trials. The first trial in Case 002, referred to as Case 002/01 commenced on 21 November 2011, and on 7 August 2014 Nuon and Khieu Samphan was found guilty of crimes againgst humanity and sentenced to life imprisonment.

Case 002/02 refers to the second trial against Khieu Samphan and Nuon Chea where additional charges from the Closing Order in Case 002 will be heard. In a decision on 4 April 2014, the Trial Chamber decided that the following alleged crime sites and factual allegations will form the basis for Case 002/02:
•    Genocide against the Cham and the Vietnamese (excluding crimes committed by the Revolutionary Army of Kampuchea on Vietnamese territory);
•    Forced marriages and rape (nationwide);
•    Internal purges;
•    S-21 Security Centre; Kraing Ta Chan Security Centre, Au Kanseng Security Centre and Phnom Kraol Security Centre;
•    1st January Dam Worksite; Kampong Chhnang Airport Construction site, Trapeang Thma Dam Worksite;
•    Tram Kok Cooperative;
•    Treatment of Buddhists (limited to Tram Kok Cooperatives); and
•    Targeting of former Khmer Republic Officials (implementation limited to Tram Kok Cooperatives, 1st January Dam Worksite, S-21 Security Centre and Kraing Ta Chan Security Centre)

Trial hearings in Case 002/02 commenced on 17 October 2014, and the presentation of evidence started on 8 January 2015.

Indicted Person

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Witnesses, experts and Civil Parties who have appeared in Case 002. Click on photo for larger version.

Mr. TAY Teng
Mr. Nhem En Mr. Nhem En
Mr. SOS Kamri Mr. SOS Kamri
Mr. SUN Vuth Mr. SUN Vuth
Mr. BUN Loeng Chauy Mr. BUN Loeng Chauy
2-TCW-900 2-TCW-900
Mr. Alexander Hinton Laban Mr. Alexander Hinton Laban
Mr. NETH Savat Mr. NETH Savat
Mr. CHAN Toi Mr. CHAN Toi
Mr PHON Thol Mr PHON Thol
Ms. KHOUY Muoy Ms. KHOUY Muoy
Mr. UCH Sunlay Mr. UCH Sunlay
Mr MEU Peou Mr MEU Peou

Mr. Meu is a 55 year- old farmer from Bakan District, Pursat Province and is Cham.  As a Civil Party, he testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. During his testimony before the Chamber, he reported that he was forced to leave his native village and separate from his family members and relatives once the Khmer Rouge took over control over his area. Mr. Meu stressed how miserable life was under the DK regime, explaining how the Cham were not allowed to practice their religion anymore and were forced to eat pork, which ultimately caused the death of his father, who had adhered to his religion and refused to follow Angkar’s orders. Mr. Meu testified that throughout the DK period, he lost a total of 17 family members and relatives including his father, uncle,and several nieces and nephews. He said he was arrested in 1977 and then detained at Trah Kraol detention facility, where he was forced to watch the brutal killing of a woman, who had to take her clothes off before being cut. 

Mr MAN Sles Mr MAN Sles

Mr. MAN is a former fisherman from Kampong Cham Province.  As a Civil Party, he testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. Describing the suffering inflicted on Cham people during the Khmer Rouge regime, Mr. Man elaborated on how they were not allowed to practice their religion any longer and were forced to eat pork. Mr. Man and his father were part of a group of 50-60 Cham men to be arrested one day, as they were accused of being internal enemies and for taking part in a rebellion movement. Whilst the CP as well as most of the other men were actually released a week later, Mr. Meu testified that his father along with four other men with influencial roles within the village were never released.  

Ms SIENG Chanthy Ms SIENG Chanthy

55-year-old Ms. Sieng from Svay Rieng province stems from a mixed Khmer-Vietnamese family. As a Civil Party, she testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. She elaborated before the Chamber about her father’s suicide, which had resulted from severe emotional distress during the Khmer Rouge regime. She explained the poor living conditions her family struggled with during that time.. Mr. Sieng reported that one of her brothers was arrested and heavily tortured following an incident where he had accidentally injured a cow while working on the fields, and that he another brother subseqently were killed..  She also said she afraid that she would be raped and killed, because her father was Vietnamese. 

Mr. Ysa Osman Mr. Ysa Osman

45 years of age at the time of his testimony, Mr. Ysa Osman appears before the Trial Chamber to provide evidence accrued during his years of research performed for the Documentation Center of Cambodia (DCCAM). The author of two books relating to the period of Democratic Kampuchea, titled Oukoubah, and another titled Cham Rebellion, along with several news and magazine articles, Mr. Ysa Osman offers the court valuable testimony, particularly relating to the experience of the Cham people during the Khmer Rouge regime. A Cham himself, Mr. Ysa Osman tells the court that he lost most of his family during the years 1975-1979. His testimony provides insight into various aspects of Cham culture, including social hierarchy within the Cham communities. Testimony of the expert also recalls alleged policies implemented by the Khmer Rouge that allegedly dictated Cham people to renounce their culture and religion. The expert  said impacts of KR policy during the DK  regime are noted to have been severe, and has affected Cham culture to this day. Furthermore, during testimony the expert reveals the history of the Cham people, including the Champa kingdom, and how this historical relationship figures in the context of Democratic Kampuchea. 

Mr. Van Mat Mr. Van Mat
Mr. SAO Van Mr. SAO Van

Mr. SAO Van, born in 1941 Takéo Province, Tram Kak District was a member of the Communist Party of Kampuchea (CPK). Prior to testifying in Case 002/02, he was also called as a witness during the appeal hearings in Case 002/01 in July 2015. In 1976 he was appointed commune chief in Kampong Svay in Kien Svay District. He was questioned about food rations in the different places he lived during the DK regime. According to the witness, food was insufficient some places, whereas in other places sufficient food was available. As a CPK official he attended a number of meetings including one he recalled where instructions were  iven not to harm former Lon Nol soldiers of a certain rank. He never witnessed the mistreatment of soldiers from the former regime. He further elaborated on the structure of the CPK in his province. Questioned about the treatment of the Vietnamese in 1975, the witness explained that the five Vietnamese families living in his commune was to be gathered at a pagoda and sent back to Vietnam, and that there were instructions not to harm them or their property. He also said that his brother was identified as a former Lon Nol official and was sent to a re-education center.

Mr. SANN Lorn Mr. SANN Lorn
Mr. Sann Lorn, 73, was born in Prah Keab Village, Tram Kok District, Takeo Province. He now lives Sre Chrey Village in Chhak Roka commune, Samlaut. Mr. Lorn's testimony highlighted his knowledge on the deportations that happened among the Vietnamese during the Khmer Rouge regime. He said that he rounded up and transported Vietnamese people for four days sometime after 1975, after which he never saw these people ever again. Mr. Lorn also confirmed that he was the younger brother-in-law of Ta Mok, which he believed to be a supreme leader and the second-in-line behind Pol Pot. Witness lived in Tram Kok District the entire time until 1975 where he worked as a messenger at the commune level and for the district committee. He added that he used to work as a messenger for Yeay Khom, the daughter of Ta Mok.
Ms. IN Yoeung

Although Ms. In Yoeung cannot specify the exact year of birth, she estimates her date of birth to be 1960 – making her approximately 15 years old when Phnom Penh fell to the Khmer Rouge. Born in Chheu Phleung village, Svay Rieng province, she was transferred to Ro Prasoutr to work in a mobile unit at the beginning of the period of Democratic Kampuchea. Ms. In Yoeung provided testimony on a variety of topics including the treatment of Vietnamese, although very briefly. The main focus of her testimony revealed living conditions in both mobile units and cooperatives, and relating to  organized marriages. She stated in her testimony that she was required by “Angkar” (the regime) to marry, lest she be sent to a detention facility. She was also motivated to marry for the fact that upon being married she would be transferred from her mobile unit to a cooperative – where the living conditions were considered to be better. During her testimony, Ms. In Yoeung confirms that there was artillery fire near where she worked during the period of Democratic Kampuchea, near the border between Vietnam and Cambodia.

Ms. DOUNG Oeurn Ms. DOUNG Oeurn
75 years old, Civil Party Ms. Doung Oeurn testifies before the Trial Chamber to clarify her experiences during the Khmer Rouge Regime. Her testimony is centered on the treatment of Vietnamese during Democractic Kampuchea, with an emphasis on her own husband, an ethnic Vietnamese named Chuy. Ms. Doung recalls the day when her husband was taken away, ostensibly to work, and never returned. Testimony further reveals that a woman in the community who was ethnically Vietnamese was also taken away, as was her children, also never returned. Mother to a child with her late husband, Ms. Doung credits her Khmer background, and that she renamed her child to accord with Khmer nomenclature, that her child survived the regime.
Mr. PRUM Sarat Mr. PRUM Sarat
Mr. Prum Sarat, 67, worked as a regiment and marine vessel commander during the Khmer Rouge regime. His testimony focused on the evidence concerning the chain of command, authority figures in his division, as well as the statements delivered by Pol Pot and Khieu Samphan. He mentioned that he used to work for Khieu Samphan back in 1991 as a member of his security force. Mr. Sarat testified that there was an order to kill all of the Vietnamese, including mothers and babies, during the DK regime because they were considered as hereditary enemies. He also confirmed hearing about the killing of the Lon Nol Soldiers sometime in 1975 or 1976 from some cadres.
Mr. Lach Kry
Approximately 68 years of age, Civil Party Mr. LACH Kry provides his testimony to the Trial Chamber via video link. Having lived in Pou Chentam during Democratic Kampuchea, Mr. Lach lived in a village in which 3 families were known to be of Vietnamese origin. The testimony of Mr. Lach reveals that his brother lost his wife and children, leading to a period of severe emotional instability. After the disappearance of his wife and children, Mr. Lach’s brother was forced to remarry. Mr. Lach also elaborated on social relations between Vietnamese and Khmer people before and after the period of Democratic Kampuchea, describing them as normal.

This witness testified in a closed session so there is no publicly available information regarding his/her testimony.

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