Case 002

Two former Khmer Rouge leaders are now on trial in Case 002.

The two Accused are:

  • Nuon Chea, former Chairman of the Democratic Kampuchea National Assembly and Deputy Secretary of the Communist Party of Kampuchea; and
  • Khieu Samphan, former Head of State of Democratic Kampuchea

The two Accused are charged with crimes against humanity, grave breaches of the Geneva Conventions of 1949, and genocide against the Muslim Cham and the Vietnamese. 

The Trial Chamber held the initial hearing in June 2011. Since then, Case 002 has been severed into at least to separate trials, each addressing a different section of the indictment.

Two other co-accused, Ieng Sary and his wife Ieng Thirith, were also part Case 002. The proceedings against Ieng Sary were terminated on 14 March 2013, following his death the same day. Ieng Thirith, was indicted but later found unfit to stand trial due to her dementia and separated from the case in November 2011. Following a re-assessment by medical experts in August 2012, The Trial Chamber found that Ieng Thirith remained unfit to stand trial. The medical experts concluded that no further available medical treatment was likely to improve Ieng Thirith's fitness to stand trial. Ieng Thirith was released from provisional detention on 16 September 2012, and she is currently under under judical supervision.

Case 002/01: The first trial (Case 002/01) commenced on 21 November 2011, primarily focusing on alleged crimes against humanity related to the forced movement of the population from Phnom Penh and later from other regions (phases one and two), and excution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975.  It also considers the roles of the Accused in relation to regime policies relevant to all charges, which will provide a foundation for examining the remaining charges in future trials. The hearing of evidenve in case 002/01 ended on 23 July 2013 and the closing statements concluded on 31 October 2013. The trial judgment was pronounced on 7 August 2014. Nuon Chea and Khieu Samphan were found guilty of crimes against humanity and sentenced to life imprisonment. Both accused havesfiled appeals against the judgement, and appeals proceedings are ongoing.

Case 002/02: 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 Cooperatives;
•    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.

 

Read more about Case 002/01


Read more about Case 002/02

Case 002/01

Related Contents

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

Mr. Ysa Osman Mr. Ysa Osman
Mr. SAO Van Mr. SAO Van
Mr. PRUM Sarat Mr. PRUM Sarat
Mr. Lach Kry

This Civil Party testified via video link.

2-TCW-938

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

2-TCW-894

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

2-TCW-928 2-TCW-928
SOY Doeun SOY Doeun
 MOUY Vanny MOUY Vanny
Mr. THENG Pal Mr. THENG Pal
2-TCW-1000

Witness 2-TCW-1000 was a former Khmer Rouge soldier. He received naval training before joining the Khmer rouge army. 2-TCW-1000 testified that Ta Meas Muth was the commander of his division (Division 164) and that his division had orders to arrest motorboats that were not part of the navy and report on the ethnicity of the occupants. 2-TCW-1000 remembers Vietnamese people getting arrested at sea, taken at the Ouchheuteal port  and being beaten afterwards even when they were unarmed.

Mr. IY Vuun Mr. IY Vuun

Mr. IY Vuun, aged 79 years old worked in a rice field and lived about 300 meters from the Ksach pagoda. The temple had been removed and one of the monk residences was used to store rice. Mr. Vuun testified that executions took place in the pagoda including the execution. The people who were executed were told they were going to attend a study session. No one was allowed near the pagoda, it was forbidden and it was guarded. Mr. Vuun explains that he was able to get close to pagoda to see the pit of corpses as he was tendering cows in the area. 

Mrs. SIN Chhem

79 years old Ms. SIN Chhem was called to testify on the treatment of Vietname people in her commune during the Democratic Kampuchea regime. Ms. Chhem testified that the Vietnamese in her commune had Khmer husbands and wives. The Vietnamese spouses and the children of mixed marriages were taken away at night time to be killed. In total 4 families were taken away. Her husband was a commune chief. After her husband’s arrest, another person replaced him and the witness testified that that person had organized the arrests of the Vietnamese families in the commune. 

Mr. Um Sounn Mr. Um Sounn

Mr. Um Sounn was about 30 meters away from the killing site at Khsach Pagoda and was with friend Sean Sung - a previous witness in Case 002/02.  W remembers armed people accusing the victims as “Yuon” (Vietnamese) inside the library hall. W then heard screams and crying while he saw the victims being killed one by one. Out of immense fear, he ran towards his house shaking and trembling. He returned to the killing site the next day and saw pits overflowing with corpses and gall bladders hanging on coconut trees. W mentioned that babies and small children were held upside down and were smashed onto the coconut trees whereas older children were killed using bamboo clubs.       

Mr. Prum Sarun Mr. Prum Sarun

After serving in the former Lon Nol miliarty for over 3 years, including 1 year of study in Thailand, Mr. Prum Sarun testified on his experiences. The witness knew that all of the other former soldiers in his area were taken away and killed; however, the KR spared his life due his hard work. The witness was also present in a few meetings with the KR officials which detailed accused traiors within the commune who were then killed.The witness also saw young cadres, as young as eight years old whose gun barrels touched the ground, arresting groups of people who were taken away and never returned.

Mr. CHHOEUNG Yaing Chaet Mr. CHHOEUNG Yaing Chaet

 The Civil Party’s family was mistreated in Sey Taekoy Village – his birthplace – and threatened by the Khmer Rouge, after which point they were forced to move to Kampong Chnnang. His family was killed without warning while at Da Village; one morning, eight men armed with guns, axes, and grenades came for his family, tied them up in rope used for cows, and walked them away. At the time he was unaware that his family would be killed and only found out after walking by a ditch and seeing their bodies. CP also admits that he was hit in the neck three times by an axe. CP describes his attempted execution; he was forced to kneel by the pit, but he lost his balance and his head moved forward, afterward he was hit by an axe three times in the neck and dropped into the pit. He regained consciousness, around the lifeless bodies of this family members, at around 4 pm and walked day and night to the floating Vietnamese Kruh Village, where he was given traditional and modern medicine.       

Ms. Sao Sak Ms. Sao Sak

Ms. Sak resides in Olong Treah Village, Prey Veng Province and works as a dry season rice farmer. Her mother was half Vietnamese, but none of her mother’s family members lived in their village. She recalls that anybody with Vietnamese origin was taken away to be killed, and that her mother met the same fate. 

Prak Deun Prak Deun

Prak Deun testified on the treatment of  Vietnamese people by the Khmer Rouge. He had a wife, four daughters and a son during the Khmer Rouge reign, and was evacuated to Pek Chan Ba Village where his family were divided into their separate units. After being forcibly relocated to Ta Muth Island for one and a half years, Khmer Rouge cadres granted Mr. Deun's request to have his family moved to the island with him. During this time he saw ethnic Vietnamese removed from the island or attacked, and speaking Vietnamese resulted in physical punishment or death. Eventually the cadres separated the Vietnamese and Khmer into separate groups and brutally murdered the Vietnamese group.

2TCW-918 2TCW-918

Witness 2TCW-918, a Commander of the Battlefield and worker in a fishing district from 1975-1976, was called to testify about the nature of dam production, workers' amenities, and various other subjects. As a Commander of the Battlefield, 2TCW-918 was primarily responsible for overseeing the production of dams and supervising the workforce. He gave specific details pertaining to his time supervising the construction of dams and working in the district 5 fishing village.

Mr. SIEN Sung Mr. SIEN Sung

Witness Mr. Sien Sung witnessed how a girl named Chantha was allegedly attacked when her gall bladder was removed from her body during a purge at Wat Khsach pagoda in Chi Kreng district in 1978. He also testified that he watched 60 to 80 people being killed by the Khmer Rouge, amongst them children. The soldiers who killed the victims were, according to this testimony, between 14 and 16 years old with one adult leading the group (source).

Mr. SOS Romly Mr. SOS Romly
Mr. BAN Seak Mr. BAN Seak

Mr. BAN Seak, aged 61, testified how he was appointed as the Deputy Chief of Public Works after the purges of the North Zone cadres occurred. During his time as Deputy Secretary, So Soeun, wife of Ke Pauk, was appointed District Chief of the Chamkar Leu District. Being tasked with supervising the Lvea and Chamkar Andong villages, he was unaware of any Cham people living within the areas because they were forbidden to practice their religion. The witness was not aware about the fate of approximately 1,000 Cham families reported missing from the Chamkar Leu district. Mr. Ban, who lost two of his siblings during this time, reaffirmed that people were killed regardless of their race or religion. He was told by the district committee members that Nuon Chea acted as one of the key advisors on certain "policies". Mr. Ban said he had no authority to decide who would be executed; the orders came from the upper levels, and stated that no one was spared from the purges. If you opposed the regime, you were the enemy. He recalled seeing corpses, some in unknown military uniforms, floating down the Mekong near Trea Villiage. Some did not have heads.

Mr. SOT Sophal Mr. SOT Sophal

Rice farmer Mr. SOT Sophal, aged 51 at the time of trial, recalls his experience working at the Trapeang Thma Dam (TTD) worksite. He was transferred to the TTD worksite after being one of 2,000-3,000 children working at a Kampok Plantation. At the TTD site, he was part of the Special Children’s Unit assigned to dig and carry dirt, enough to meet the ever increasing daily quota. Working from 3am until 11am, then 2pm until 11pm, Mr. Sot states that if you didn’t meet the daily quota your food rations were significantly reduced. He saw workers fainting and dying because of too much work and inadequate food rations. Some people were also punished by being tied to wooden boards. He heard militia regularly stating “to keep you is no gain, to lose you is no loss”. He confirms that he would see people getting arrested to be brought to Ta Val, the alleged TTD chief, and states that the purpose of the arrests was re-education. He never saw the return of the arrested people. Some workers were publically killed to deter disobeying behavior; as a result, he fled TTD to the forest. He heard screams of people being pushed into pits by tractors.  

Ms. NO Sates Ms. NO Sates

Ms. No Sates, 57, was born and still lives in the Srei Klang Village, Srei Klang Commune. Srei Klang was at the time considered a Cham villager and, after a quelled rebellion, she and nearly three hundred other villagers were quarantined in a warehouse with no access to food or medical supplies. All were forbidden to speak Cham or practice Islam, and many died as a result of confinement and lack of access to vital resources. Ms. No stated that the Chams were targeted - especially men - and often taken away at knife-point, and that she lied about being Khmer for fear of execution. The Khmer Rouge tasked Ms. No and her fellow villagers with constructing a large dam and digging graves, during which time both of her parents died. She contracted dysentery.

Mr. HIM Man Mr. HIM Man

Mr. Him Man, a Civil Party, 66, was born and currently resides in Sauk Sau village in Kampong Cham. He stated that the Khmer Rouge viewed the Cham people as "enemy number one" and forced them to eat pork, cut their hair, and stop doing religious displays such as praying. Even if these rules were obeyed, many Cham people were removed from the village and executed by the Khmer Rouge The Civil Party said he had observed some of the killings while hiding in the bushes. Mr. Him said that he and his wife escaped persecution by hiding in a nearby pond for nearly four months before being captured and subsequently sent to a detention facility. Later, while he was aboard a boat ostensibly bound for execution, Mr. Him was rescued by the Vietnamese.

Transcript of hearing on the substance in Case 002/02 - 28 September 2015
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