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 wil commence on 17 October 2014.

Indicted Person

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

Mrs. UN Ron Mrs. UN Ron
Mrs. Hun Sethany Mrs. Hun Sethany
Ms. Meas Layhuor Ms. Meas Layhuor
Mr. Pech Sokha Mr. Pech Sokha
Mr. OR Ho Mr. OR Ho
Ms. Vorng Sarun Ms. Vorng Sarun

Ms. Vorng Sarun, 61, testified that she worked at Hospital 22 together with her husband before he was arrested and executed. She explained that in 1977 she was taken to Kraing Ta Chan with her one-year-old baby. According to the witness they were given very little food and her baby was beaten. She told the Chamber about her interrogation that took place a week after the arrest. She described the episodes of a former soldier and a female person who tried to escape and who were then caught and seriously beaten. Ms. Vorng also explained that she witnessed some people being taken away for execution while loud music was being played.

Mr. Ek Hoeun Mr. Ek Hoeun

Mr. Ek Hoeun, 78, explained that due to his “undesirable” Vietnamese nationality his life was in danger under the Khmer Rouge. He testified that he received protection from his cousin Ta Chim who hid him in the Tram Kak district office and assigned him to unload bags of rice off trucks from China. The witness was questioned about the treatment of Vietnamese and former Lon Nol officials and civil servants, who, according to the witness, were considered enemies of the regime. He described the process of their identification and arrest and confirmed that between 1975 and 1977 executions took place throughout the country.    

Mrs. KHOEM Boeun Mrs. KHOEM Boeun

Ms. Khoem Boeun, 72, testified that she joined the revolution in 1969 and then became chief of Tram Kak’s Cheang Tong commune under the name Yeay Boeun. She was questioned about the system of reporting and instructions given among the different administrative levels of Democratic Kampuchea, and she stated that she had never been involved in any violence or arrests since she had no right on these matters. She explained that in her commune New people were not allowed to marry Old people and that instructions regarding marriages were disseminated by the district. She described the living conditions in her commune, adding that there were no distinctions between New and Old people in terms of education and health. She also answered on distinctions between minor and serious offences.

Mr. Pech Chim Mr. Pech Chim

Mr. Pech Chim, 74, was allegedly a member of the district committee and became Tram Kak acting district secretary in mid-1976 before being transferred to the Central Zone. He testified about the structure of Sector 13 and the regime’s chain of command. He was questioned about the DK policy on marriage, stating that marriage regulation existed as a formal practice rather than written rule. He explained that as district chief he disseminated instructions from the upper Echelon and denied having witnessed or ordered any executions of former Lon Nol soldiers. However, he was aware that during the regime executions took place. On the issue of Buddhism, Mr. Chim stated that religious practices were not prohibited in District 105 but that Buddhist statues were demolished.

Ms. OUM Vannak Ms. OUM Vannak

 Ms. Oum, 47 or 48, explained that she was living in Takeo province during the liberation but was moved a few times and in 1976 she was forced to join a children’s unit. According to Ms. Oum, the children in her unit faced difficult working conditions with late hours, insufficient food, and the torture of the new children by the base people children. She explained two instances in which she was beaten by either the unit chief or other children because she was caught visiting her family without permission. Ms. Oum explained why her brother was taken to Kraing Ta Chan Prison. The civil party described that in 1977 she witnessed militiamen taking prisoners away to be executed and saw them beating the prisoners, but did not tell anyone. 

MS. LOEP Neang MS. LOEP Neang

 Ms. Loep, 51, explained that she lived in the Tram Kak district during the Khmer Rouge regime. She stated that she was separated from her parents and that she lost two older siblings and two younger siblings. Ms. Loep described her time working at the unit, where she claims she was required to eat pork by the militiamen and the unit chief even though it was against her religion to eat it. She explained that her work in the unit was to dig canals and if she did not finish her work, she was forced to complete it during the night time. 

Mr. BUN Sarouen Mr. BUN Sarouen

 Mr. Bun Sarouen, 50 or 51, stated that he was suffering during the regime because he lost his uncle, brother and father and he was not able to go to school. Mr. Bun described that the pagoda where he was living was destroyed and he was taken to a children’s unit and was required to carry earth. He stated that they were only given half their food ration if they did not meet quota. Mr. Bun explained that the chief of the plantation told him his brother-in-law and his father were taken to Kraing Ta Chan, and said he was paralyzed because he knew they were taken there to die. He also described his mother’s re-education. 

Mr. Thann Thim Mr. Thann Thim

 Mr. Thann Thim, 69 or 70, explained that he was evacuated to Takeo Province from a refugee camp in Phnom Penh after the victory of Pol Pot, was evacuated again in 1976 to plough fields, and in 1977 was transferred to work in a unit that transported timber. Mr. Thann described why he was taken to Ang Rokar prison in 1978 and was questioned on his treatment there. The civil party stated that he was tortured during his three months at Ang Rokar, and explained he had been sent there because his daughter was forced to confess he was a former lieutenant in Phnom Penh. Mr. Thann explained that was able to run away from the prison when a fire destroyed the detention center but was kept in the prison for 3 months. 

Mr. Beng Boeun Mr. Beng Boeun

 Mr. Beng Boeun, 75 or 76, stated that he was forced to leave Phnom Penh in 1975. Mr. Beng stated that he lost two of his brothers-in-law and sister-in-law. He described that in late 1978 he was assigned to grow vegetables and at one point base people cooked food for the new people and poisoned it. He stated that food was not sufficient but if they complained about it, they would be brought by the Khmer Rouge to be killed. Mr. Beng was questioned about the separation of the people based on ethnicity, and explained that he and his wife were put in the group of the Chinese Khmer based on the tone of his skin, accent and parents’ name. 

Ms. Yem Khonny Ms. Yem Khonny

 Ms. Yem Khonny, 38, stated that she was 14 at the time of the liberation in 1975 though she cannot recall as she is illiterate. She explained that she was transferred from Kampuchea Krom to Cambodia to work, and that even though they were told that there was abandoned food there, there was little food but she would not dare to complain or she would be taken for re-education and made to do extra work. She also stated that she was separated from her family members.  Ms. Yem described that ultimately her mother, grandmother, and six siblings were killed.  

Ms. Tak Sann Ms. Tak Sann
Ms. Iam Yen Ms. Iam Yen

 Ms. Iam Yen, 47 or 48, stated that she was separated from her parents in 1976 and sent to Tuol Kruu village to go work at the dam there at the children’s unit. Ms. Iam described a few instances in which she was caught either trying to escape from her unit to visit her parents or was seeing attempting to steal food, and was beaten or buried. The civil party explained that her suffering continues today because she has poor health and is uneducated, which stemmed from her time under the regime. 

Mr. Richard Dudman Mr. Richard Dudman

Mr. Richard Dudman, age 96, was one of only two western journalist who were allowed to visit Democratic Kampuchea. Hetestified via videolink from the USA. Mr. Dudman recollected on his time spent in Cambodia before, during, and after the Khmer Rouge. He stated that they were all different experiences, that in 1978 he was physically threatened, but in 1990 he was walking through the streets and looking for evidence. He recalled his experiences the evening of Malcolm Caldwell’s death in December 1978, stating that he heard gunshots but is unsure of the reason for the attack against the journalists. Mr. Dudman also recalled his interview with Pol Pot. 

Ms. OEM Saroeurn Ms. OEM Saroeurn

 Ms. Oem Sarouern, 59 or 60, explained that in 1975 she was evacuated from Takeo to work and live in Leay Bour commune and was separated from her family in 1976. According to the civil party, she was assigned to a mobile unit in 1977 to carry earth, and senior leaders visited the Tram Kok worksite that year. The civil party stated that she did not receive enough food when she was transferred and was arrested for stealing cassava. Questioned about her husband, the Ms. Oem stated that he was arrested by Ang Ta Soam guard and sent to Kraing Ta Chan in 1976/77 where he died, and where her brother, father, and uncle were also sent. She stated her son died from disease. 

Mr. SAUT Saing Mr. SAUT Saing

The Trial Chamber granted protective measures for the Civil Party who testified with image and voice distortion.The civil party described that in 1975 he was a soldier protecting the province of Takeo but was compelled to join the Khmer Rouge force at a dam worksite. He stated that he was trained in a youth unit and in 1976 was assigned to Kraing Ta Chan prison. The civil party described the interrogations, torture, insufficient food rations, and executions that took place at the prison. The civil party stated that children would come with their parents, and when the mothers disappeared their children would disappear as well.  

Mr. Riel Son Mr. Riel Son
Mr. Riel Son, 77, from Tramkak district, explained that in late 1976 he was assigned as deputy chief of the district 105 hospital. During his testimony he described the conditions in which the patients were treated and the general organization of the hospital. He stated that in the majority of cases people suffered from malnutrition and malaria and that in the months before the fall of Pol Pot there were 10 to 20 patients dying every day from severe malnutrition. Mr. Riel also described having attended a meeting where instructions were given to purge former Lon Nol soldiers and Khmer Krom people.
Mr. Nut Nov Mr. Nut Nov

Mr. Nut Nov, 74, from Takeo Province, stated that during the Khmer Rouge regime he was assigned to the Nheang Nhang commune in charge of keeping expenditure and food consumption records. He was questioned about the categorisation of the people and about the food and health conditions in his cooperative. He also testified on the treatment of former Lon Nol officials and stated that only the sector and zone levels had the authority to decide who to arrest or kill.

Mr. Neang Ouch Mr. Neang Ouch
Mr. Neang Ouch, alias Ta San, 72, a former teacher, told the court he was appointed in 1975 as chief of education of three provinces, including Kampot and Takeo. In 1977 he was transferred by his brother-in -law Ta Mok to Leay Bour commune, where he was appointed as an assistant to the district committee. He disputed claims made by other witnesses that he was the District Secretary of Tram Kok. The witness stated that he was instructed to provide technical assistance in the construction of dams and canals and to show the cooperatives to Swedish and Chinese delegations. He was questioned about the administrative and communication structure in the cooperatives and the relations between the communes, districts, sectors and zones. He also answered questions about marriage ceremonies he had witnessed. When question about Buddhist practices, he said that there were no pagodas in operation in Tram Kak district during the
Mr. VAN Soeun Mr. VAN Soeun
Mr. Vann Soeun, alias Soan, 56, from Leay Bour commune in Tram Kok district, said he was assigned in 1975 to the guard unit at Kraing Ta Chan detention centre and tasked as a messenger during day time and as a prisoners’ guard during night time. He testified about the operations at Kraing Ta Chan and the conditions of the prisoners. He said he never saw any executions of prisoners, because he was stationed to guared the outer perimeter of the compound. When asked questions about defrocking of monks, he said he had heard of instances of defrocking from other people.
Mr. Phann Chhen Mr. Phann Chhen
Mr. Phann Chhen, 83, told the court that in 1973-1974 he was commune chief of Kus in Takeo in charge of culture and education. He said that he had no authority over Kraing Ta Chan after 1973, when it was transformed into a detention facility, and he only entered it to supply food. He was questioned about his knowledge about the operations at Kraing Ta Chan, and he denied ever having been in charge of Kraing Ta Chan during the period he was commune chief. He was asked about his role in the committee organizing housing for evacuees and people released from Kraing ta Chan (1973-74). He testified that that the marriages he witnessed appeared not be forced. He was also about party policies towards the Vietnamese, which he had learned of from broadcasts and meetings.
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