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Two former Khmer Rouge leaders are now on trial in Case 002.
The two Accused are:
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.
|Mr. Toat Toeun|
|Mr. Sâm Sithy|
|Mr. Sao Po|
|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.