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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 commenced on 17 October 2014, and the presentation of evidence started on 8 January 2015.
|Civil Party 2-TCCP-224|
|Mr SUOY Sav|
|Mr. YUN Bin|
|Mrs. KAUN Sunthara|
|Mr. CHAU Khim|
|Mr. CHE Heap|
|Ms. PHOUNG Yat|
|Ms. ROS Chuor Siy|
|Mr. CHIN Saroeun|
|Mr MEAS Soeurn|
|Mr CHHUN Samorn|
|Mr. MAKK Sithim|
|Mr. TAY Teng|
|Mr. Nhem En|
|Mr. SOS Kamri|
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
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 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|