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 against 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)
Evidentiary hearings in Case 002/02 commenced with opening statements on 17 October 2014 and concluded on 11 January 2017. During the trial, the Chamber heard the testimony of 185 individuals, including 114 witnesses, 63 Civil Parties and eight experts. The evidentiary base in Case 002/02 included more than 10,800 documents for analysis and consideration by the Trial Chamber.
On 16 November 2018 the Trial Chamber announced a summary of its findings and the disposition in Case 002/02. It notified the trial judgment in Khmer, English and French on 28 March 2019. The Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity, grave breaches of the Geneva Conventions and genocide of the Vietnamese ethnic, national and racial group. The Chamber additionally convicted Nuon Chea of genocide of the Cham ethnic and religious group under the doctrine of superior responsibility. Both Nuon Chea and Khieu Samphan were sentenced to terms of life imprisonment. The Chamber took into consideration the life sentences imposed on Nuon Chea and Khieu Samphan in case 002/01 and merged the sentences in cases 002/01 and 002/02 into a single term of life imprisonment.
Indicted Person
Defence Support Section (“DSS”) has assigned second national Co-Lawyer to represent Mr. NUON Chea in Case 002/02
Trial Chamber Notifies the Full Written Judgement in Case 002/02 Against NUON Chea and KHIEU Samphan in Khmer, English and French
PRESS BRIEFING ON THE UPCOMING JUDGEMENT IN CASE 002/02 AGAINST KHIEU SAMPHAN AND NUON CHEA
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Text Document Decision on requests concerning the civil party lead co-lawyers response to Khieu Samphân appeal
F52/1
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Text Document Order for Quarterly Cognitive Testing of the Accused and Test Scheduling
F39/16
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Text Document Decision on Urgent Request concerning the Impact on Appeal Proceedings of NUON Chea’s Death Prior to the Appeal Judgement
F46/2/4/2
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Text Document Decision on the Co-Prosecutors and Civil Party Urgent Requests for Extension of Time to Respond to KHIEU Samphân’s Disqualification Request
F53/3
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Text Document Decision on Co-Prosecutors’ Urgent Request to File Their Response to the Nuon Chea Defence Team’s Urgent Request in One Language
F46/2/3
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Text Document Decision on Khieu Samphân's request for extensions of time and page limits for filing his appeal brief
F49
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Text Document Decision on Khieu Samphân's request for annulment of decision E463/1/3 on his urgent appeal against the judgement of 16 November 2018
E463/1/5
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Text Document Decision to terminate proceedings against Nuon Chea
F46/3
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Text Document Decision to terminate proceedings against Nuon Chea
F46/3
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Text Document Decision on KHIEU Samphân’s Application for Review of Decision on Requests for Extensions of Time and Page Limits on Notices of Appeal
F44/1
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Text Document Decision on NUON Chea And KHIEU Samphân’s Requests for Extensions of Time and Page Limits on Notices of Appeal
F43
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Text Document Annex B: Trial Chamber decisions and related Case 002 filings
E467/2
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea Defence Requests to hear Additional Witnesses pursuant to Internal Rule 87(4) (E391, E392, E395, E412, and E426)”
E443
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Text Document Decision on NUON Chea Defence Requests to hear Additional Witnesses pursuant to Internal Rule 87(4) (E391, E392, E395, E412, and E426) (Full Reasons)
E443/10
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Text Document Order Designating Reserve Judge to Replace Sitting Judge
E466
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Text Document Decision on Khieu Samphân’s Urgent Appeal Against the Summary of Judgement Pronounced on 16 November 2018
E463/1/3
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Text Document Scheduling Order for Pronouncement of the Judgement in Case 002/2
E462
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Text Document Sixth Decision on Fitness of the Accused Khieu Samphan to Stand Trial
E460/5
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Text Document Sixth Decision on Fitness of the Accused Nuon Chea to Stand Trial
E460/40
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Text Document Order Assigning Experts to Assess the Accused's Fitness to Stand Trial and Scheduling Assessment
E460
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Text Document Decision on the Admission into Evidence of the Choeung Ek Study Documents
E404/9
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea Defence Internal Rule 87(4) Requests E434 and E435”
E434/2
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Text Document Trial Chamber Memorandum Entitled “Decision on Reiterated Request of KHIEU Samphan Defence to Hear Stephen HEDER (2-TCE-87) and François PONCHAUD (2-TCE-99) (E408/6)
E408/6/2
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea rule 87 (4) request for admission of material in relation to the Late King Father Norodom Sihanouk”
E396/4
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Text Document [Corrected 1] Decision on requests regarding internal rule 87 (4) deadlines
E421/4
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Text Document Co-Prosecutors’ response to the declaration of a possible conflict of interest filed by the international civil party lead co-lawyer
F53/7/1
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Text Document Table of authorities for co-prosecutors’ response to the declaration of a possible conflict of interest filed by the international civil party lead co-lawyer
F53/7/1.1
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Text Document Decision on requests concerning the civil party lead co-lawyers response to Khieu Samphân appeal
F52/1
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Text Document Appointment of replacement judges to hear KHIEU Samphan’s disqualification motion
E53/6
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Text Document Declaration of a possible conflict of interest
F53/7
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Text Document Termination of access to the ECCC email system, Zylab and notifications
F46/6
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Text Document Table of authorities for Civil party lead co-lawyers’ response to Khieu Samphân’s application for disqualification of six appeal judges
F53/5.1
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Text Document Order for Quarterly Cognitive Testing of the Accused and Test Scheduling
F39/16
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Text Document Civil party lead co-lawyers’ response to Khieu Samphân’s application for disqualification of six appeal judges
F53/5
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Text Document Co-Prosecutors’ Response to KHIEU Samphan’s Application to Disqualify the Six Appeal Judges Who Adjudicated Case 002/01
F53/4
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Text Document Table of authorities for Co-Prosecutors’ Response to KHIEU Samphan’s Application to Disqualify the Six Appeal Judges Who Adjudicated Case 002/01
F53/4.1
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Text Document Decision on Urgent Request concerning the Impact on Appeal Proceedings of NUON Chea’s Death Prior to the Appeal Judgement
F46/2/4/2
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Text Document Decision on the Co-Prosecutors and Civil Party Urgent Requests for Extension of Time to Respond to KHIEU Samphân’s Disqualification Request
F53/3
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Text Document KHIEU Samphân’s Reply to the Prosecution’s Response to His Request to Admit Additional Evidence
F51/2
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Text Document Table of authorities for Requests concerning the Civil Party Lead Co-Lawyers’ Response to KHIEU Samphân’s Appeal
F52.1
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Text Document Requests concerning the Civil Party Lead Co-Lawyers’ Response to KHIEU Samphân’s Appeal
F52
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Text Document Table of authorities for CO-PROSECUTORS’ RESPONSE TO KHIEU SAMPHAN’S REQUEST TO ADMIT ADDITIONAL EVIDENCE (F51)
F51/1.1
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Text Document CO-PROSECUTORS’ RESPONSE TO KHIEU SAMPHAN’S REQUEST TO ADMIT ADDITIONAL EVIDENCE (F51)
F51/1
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Text Document KHIEU Samphân Defence Request to Reject the Civil Party “Submissions” (F50/1/1) pursuant to the Practice Direction on the Filing of Documents
F50/1/1/1
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Text Document KHIEU Samphân’s Request for Admission of Additional Evidence
F51
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Text Document Civil party lead co-lawyers’ submissions relating to Khieu Samphân’s response to the co-prosecutors’ appeal
F50/1/1
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Text Document Table of authorities for Civil party lead co-lawyers’ submissions relating to Khieu Samphân’s response to the co-prosecutors’ appeal
F50/1/1.1
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Text Document Table des sources de Réponse de la Défense de KHIEU Samphân à l’appel de l’Accusation (002/02)
F50/1.1
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Text Document KHIEU Samphân Defence Response to the Prosecution’s Appeal in Case 002/02
F50/1
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Text Document KHIEU Samphân's Reply to the Co-Prosecutors concerning the Presumption of Innocence on Appeal (F46/2/4)
F46/2/4/1
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Text Document Transcript of hearing on the substance in Case 002/02 – 18 August 2016
E1/460.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 17 October 2016
E1/484.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 28 November 2016
E1/502.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 16 March 2016
E1/403.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 4 February 2015
E1/256.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 29 August 2016
E1/465.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 30 August 2016
E1/466.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 31 August 2016
E1/467.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 13 September 2016
E1/472.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 14 September 2016
E1/473.1