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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.
|Mrs. Kong Uth|
|Mrs. CHUM Samoeurn|
|Mr. Him Hân|
|Ms. Kong Siek|
|Mr. SEM Hoeurn|
|Mr. Yean Lon|
|Mr. Keo Loeur|
|Mr. Keo Kin|
|Mr. Chan Morn|
|Ms. Sou Soeurn|
|Ms. Seang Sovida|
|Mr. Uth Seng|
|Mrs. UN Ron|
|Mrs. Hun Sethany|
|Ms. Meas Layhuor|
|Mr. Pech Sokha|
|Mr. OR Ho|
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, 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
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, 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, 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, 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, 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, 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.