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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.
|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|
|Mr. NETH Savat|
|Mr. CHAN Toi|
|Ms MOEURNG Chandy|
|Mr PHON Thol|
|Ms. KHOUY Muoy|
|Mr. UCH Sunlay|
Mr MEU Peou
Mr. Meu is a 55 year- old farmer from Bakan District, Pursat Province and is Cham. As a Civil Party, he testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. During his testimony before the Chamber, he reported that he was forced to leave his native village and separate from his family members and relatives once the Khmer Rouge took over control over his area. Mr. Meu stressed how miserable life was under the DK regime, explaining how the Cham were not allowed to practice their religion anymore and were forced to eat pork, which ultimately caused the death of his father, who had adhered to his religion and refused to follow Angkar’s orders. Mr. Meu testified that throughout the DK period, he lost a total of 17 family members and relatives including his father, uncle,and several nieces and nephews. He said he was arrested in 1977 and then detained at Trah Kraol detention facility, where he was forced to watch the brutal killing of a woman, who had to take her clothes off before being cut.
Mr MAN Sles
Mr. MAN is a former fisherman from Kampong Cham Province. As a Civil Party, he testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. Describing the suffering inflicted on Cham people during the Khmer Rouge regime, Mr. Man elaborated on how they were not allowed to practice their religion any longer and were forced to eat pork. Mr. Man and his father were part of a group of 50-60 Cham men to be arrested one day, as they were accused of being internal enemies and for taking part in a rebellion movement. Whilst the CP as well as most of the other men were actually released a week later, Mr. Meu testified that his father along with four other men with influencial roles within the village were never released.
Ms SIENG Chanthy
55-year-old Ms. Sieng from Svay Rieng province stems from a mixed Khmer-Vietnamese family. As a Civil Party, she testified during the segment where Civil Parties were called to testify about harm they suffered in relation to the treatment of alleged targeted groups; Cham, Vietnamese and former Lon Nol officials. She elaborated before the Chamber about her father’s suicide, which had resulted from severe emotional distress during the Khmer Rouge regime. She explained the poor living conditions her family struggled with during that time.. Mr. Sieng reported that one of her brothers was arrested and heavily tortured following an incident where he had accidentally injured a cow while working on the fields, and that he another brother subseqently were killed.. She also said she afraid that she would be raped and killed, because her father was Vietnamese.
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. 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. SANN Lorn
Mr. Sann Lorn, 73, was born in Prah Keab Village, Tram Kok District, Takeo Province. He now lives Sre Chrey Village in Chhak Roka commune, Samlaut. Mr. Lorn's testimony highlighted his knowledge on the deportations that happened among the Vietnamese during the Khmer Rouge regime. He said that he rounded up and transported Vietnamese people for four days sometime after 1975, after which he never saw these people ever again. Mr. Lorn also confirmed that he was the younger brother-in-law of Ta Mok, which he believed to be a supreme leader and the second-in-line behind Pol Pot. Witness lived in Tram Kok District the entire time until 1975 where he worked as a messenger at the commune level and for the district committee. He added that he used to work as a messenger for Yeay Khom, the daughter of Ta Mok.
Ms. IN Yoeung
Although Ms. In Yoeung cannot specify the exact year of birth, she estimates her date of birth to be 1960 – making her approximately 15 years old when Phnom Penh fell to the Khmer Rouge. Born in Chheu Phleung village, Svay Rieng province, she was transferred to Ro Prasoutr to work in a mobile unit at the beginning of the period of Democratic Kampuchea. Ms. In Yoeung provided testimony on a variety of topics including the treatment of Vietnamese, although very briefly. The main focus of her testimony revealed living conditions in both mobile units and cooperatives, and relating to organized marriages. She stated in her testimony that she was required by “Angkar” (the regime) to marry, lest she be sent to a detention facility. She was also motivated to marry for the fact that upon being married she would be transferred from her mobile unit to a cooperative – where the living conditions were considered to be better. During her testimony, Ms. In Yoeung confirms that there was artillery fire near where she worked during the period of Democratic Kampuchea, near the border between Vietnam and Cambodia.
Ms. DOUNG Oeurn
75 years old, Civil Party Ms. Doung Oeurn testifies before the Trial Chamber to clarify her experiences during the Khmer Rouge Regime. Her testimony is centered on the treatment of Vietnamese during Democractic Kampuchea, with an emphasis on her own husband, an ethnic Vietnamese named Chuy. Ms. Doung recalls the day when her husband was taken away, ostensibly to work, and never returned. Testimony further reveals that a woman in the community who was ethnically Vietnamese was also taken away, as was her children, also never returned. Mother to a child with her late husband, Ms. Doung credits her Khmer background, and that she renamed her child to accord with Khmer nomenclature, that her child survived the regime.