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

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

Mr. MAKK Sithim Mr. MAKK Sithim
Mr. Nhem En Mr. Nhem En
Mr. SOS Kamri Mr. SOS Kamri
Mr. SUN Vuth Mr. SUN Vuth

2-TCCP-1016, Mr Sun Vuth was born in 1957 in Yeang Commune, Puok District, Siem Reap Province. According to the Civil Party, he was forced to join the army in 1974. As a soldier he engaged in battlefields along Wat Doun Kaev, Puok District at Phnom Krom. After this he was dispatched to Phnom Penh to join the battlefields at Ondongk, Trapeang Prei near Prasat Mountain. Then he was sent to Khmau Kokshril. After the Khmer Rouge took over Phnom Penh in 1975, the Civil Party was sent to Division 920 in Mondolkiri to protect the border with Vietnam. His commander was accused of betraying the Angkar. Mr Sun Vuth said he was taken away and killed. The month following the arrest of the commander the soldiers in his unit were warned to be cautious because they could also be accused. Mr Sun Vuth was eventually arrested and accused of counterattacking Angkar. He said he was detained at Phnom Kraol security centre, which belonged to Division 920. During his testimony the Civil Party provided details concerning the structure and organization of the centre.

Mr. BUN Loeng Chauy Mr. BUN Loeng Chauy

2-TCW-838, Mr Bun was born in Koh Ma Yoeul, Peam Chi Miet Commune, Kaoh Nheaek District, Mondolkiri Province, on 22 March 1953. He was called to testify before the Trial Chamber on Phnom Kraol Security Centre. The witness became a combatant in 1968 but did not join the Communist Party of Kampuchea until 1975. That same year he was recruited to become a member of the Youth League and appointed group chief of five or six members. Mr Bun recalled a visit from Khieu Samphan to his sector in 1974. He only saw the cars of the delegation. According to the witness, Ou Boeng Kraom Dam and Ou Boeng Leu were built at the same time, from 1974 to 1977. In 1975 he was appointed bodyguard to Ka Si, the secretary of Kaev Seima District for about two years, until the secretary’s arrest in 1977. Mr Bun stated he was sent with Ka Si to the security center of the Phnom Kraol Office, K-11, for about a month, right before the district secretary was killed. Following the death of Ka Si, 18 men from his network fled to Vietnam and the relatives of the fugitives were arrested the following day. Mr Bun was reassigned to office K-16 for three months and later on to Roya work site, under K-17. His uncle also worked at K-16 but was arrested after the witness was sent to K-17. Mr Bun described what he knew about the structure and organization at K-16 and K-17. He fell ill and was hospitalized in December 1978 until the liberation on 7 January 1979. 

2-TCW-900 2-TCW-900

2-TCW-900 testified remotely via video-link from Oddar Meanchey province. He became a soldier in 1971 in regiment 39 headquartered near Phnom Santuk, in Kampong Thom province, then was stationed near Phnom Penh. The regiment was then combined with other regiments under Division 14 which became Division 801 after 1975. After the liberation of Phnom Penh, the division had its headquarter at the Olympic Stadium. The witness was a radio operator at that time. The division became Division 801 around October or November 1975, and the witness was sent with others to Kratie and Ratanakiri provinces in the Northeast Zone, along the Vietnamese and Laos borders. The witness worked at the Division headquarters until he got married in March 1977, then he was reassigned to the Au Kanseng re-education center established in the same year, close to Ban Lung, as part of Battalion 806. The witness said he was in charge of detainee confessions. There were nine guards. Prisoners who had not committed serious offences were assigned some tasks in kitchens, fields or plantations, or guarded other prisoners. Guards were assigned to the interrogation room, to guard working prisoners or to dig pits at night. Prisoners attended education sessions in which the regime’s magazines were used. Prisoners at Au Kanseng were workers from unions such as rubber plantations and cooperatives, and Division 801 soldiers accused of being undisciplined or implicated in confessions, only up to a certain rank. The witness once attended a workshop given by Ta Saroeun about identifying enemies of the revolution. The witness explained that most prisoners were not tied or shackled at Au Kanseng, but some were under special surveillance. Prisoners could get diseases such as malaria, inflammatory bowels, and dysentery due to unclean water, and could suffer from malnutrition. Medics treated them with homemade medicine, although if the treatment was ineffective prisoners died. The witness estimated that there were between 100 and 200 prisoners in the center in 1977. He said that hundreds of prisoners died, either from illnesses or because they were eliminated. He explained that phones were sometimes used to give electric shocks to ethnic Jarai prisoners. More than a hundred Jarai people from Vietnam accused of being Thieu-Ky soldiers were sent to the center in trucks in late 1977. The witness said he was instructed to have them executed but did not kill them himself, although he used his right to avoid self-incrimination on that particular matter. The witness confirmed that there were clashes at the Vietnamese border during 1978 and 1979.

Mr. Alexander Hinton Laban Mr. Alexander Hinton Laban
Mr. NETH Savat Mr. NETH Savat
Mr. CHAN Toi Mr. CHAN Toi
Ms MOEURNG Chandy Ms MOEURNG Chandy
Mr PHON Thol Mr PHON Thol
Ms. KHOUY Muoy Ms. KHOUY Muoy
Mr. UCH Sunlay Mr. UCH Sunlay
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. 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.
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.

Ms. Math Sor Ms. Math Sor
Of Cham ethnicity, Ms. MATH Sor was born in approximately 1961 in Kampong Cham province. The testimony of Ms. Math offers personal insight into the treatment of the Cham people during Democratic Kampuchea. She describes being arrested and detained, and how she was able to avoid being selected for execution – surviving by lying about her ethnic origin. The witness also recounts visceral details of executions, including victims pleading with KR cadres not to be raped. Additional details surrounding the treatment of Cham people were revealed, including the forced eating of pork.
SOY Doeun SOY Doeun
Mr. SÂY Doeun, approximately 68 years old from Kampong Cham province is the next witness in January proceedings. The witness testified that he was a member of the Long Swords Group (LSG), tasked to ensure that workers in the rice fields did not steal any rice and to patrol surrounding villages. The LSG was also responsible for effecting arrests. In one instance he was ordered to arrest all Cham people indiscriminately. Following a brief tenure as a member of the LSG, the witness was then appointed village chief in a nearby village. The testimony of Mr. SÂY provides insight into the orders delivered by senior leaders in the Khmer Rouge in relation to the treatment of Cham people.
 MOUY Vanny MOUY Vanny
Mr. MUY Vanny, from Kampong Cham province, 49 years old at the time of his testimony, worked in a District Mobile Unit (DMU), stationed in Sdau commune for a period of just over two years. The DMU contained not only Khmer, but also 25-30 Cham people as estimated by the witness. Mr. Muy testified to witnessing his Cham colleagues being marched away as he returned to his DMU one evening. It was rumoured among the DMU that those who were led away were executed at Wat Autrakoun. Testimony revealed that these individuals were known to be Cham as they did not make an effort to conceal their identity early in the Khmer Rouge period. They also spoke Khmer with an accent and had ethnic names. For a period of approximately half a year, Mr. Muy described his role as that of a messenger for the Chief of Security at Wat Au Trakoun Security Centre, Hoeun. The testimony provided insight into the structure and operation of the DMU. The testimony also revealed conditions of those being held at Wat Autrakoun.
Mr. THENG Pal Mr. THENG Pal
Mr. THANG Phal, of Prey Veaeng district, estimates he was 24 years old at the beginning of the Democratic Kampuchea regime. He came before the court to recall his subjugation to the Khmer Rouge – that he was labelled as the son of a capitalist and was forced into labor for the duration of the regime. Mr. Thang also elaborated a criterion that was used to determine the fate of children belonging to mixed ethnicity families. The children would be arrested and would disappear if the mother was Vietnamese, but if only the father was Vietnamese and the mother Khmer, the children would be spared. Mr. Thang did note, however, that none of his testimony can be substantiated from first-hand knowledge. Rather, this information was conveyed through anecdotes and rumors among his fellow villagers. Concluding his testimony, Mr. THANG Phal confirmed that he had heard of gunfire and artillery shelling as the Vietnamese army began to encroach upon Cambodian territory in 1979.
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.

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