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 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.

Indicted Person

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

Mr. CHIN Saroeun Mr. CHIN Saroeun
Henri Locard Henri Locard
2-TCW-1005 2-TCW-1005

Witness 2-TCW-1005 – anonymous due to involvement in other cases – testified in July 2016 on the subjects of internal purges and forced marriage. He was born in 1958 in Tram Kak, Takeo province. His father died sometime around 1967 or ’68; although the witness isn’t sure precisely when or why because he was quite young, he does believe that it was because of his father’s involvement in the CPK. In fact, he believes that his father’s friendship with Son Sen is the only reason he is still alive today. His mother also joined the revolution quite early, in 1970.The witness said he joined the Khmer Rouge army when he was 15. According to the witness, when several of his teachers were killed while participating in demonstrations against the Lon Nol regime, the witness was inspired to fight against Lon Nol, so he joined the army as part of a children’s messenger unit. He stayed there for two and a half years, then moved to Kiri Vong in September of 1975 and onto Kratie in 1977 while moving up in the ranks of messenger units in those sectors.Because of his increasingly important position in messenger units, the witness said he was present at many meetings of the higher echelons of leadership. His main testimony pertained to purges of the party leadership in the Khmer Rouge during the later years of the regime. One purge he spoke of in particular allegedly occurred in Sector  13 in 1977 when the secretary of the sector was removed from his position, originally due to health reasons and then arrested for alleged connections to the enemy. The witness explained that the secretary was replaced by the witness’s cousin, who was only in the position for a short time before he, too, was accused of connections to the enemy and sent to S-21.Another alleged purge in 1977 that the witness was questioned  about, occurred during a period of intense fighting against the Vietnamese in the area near Kratie. As a leader of a messenger unit, the witness said he delivered a letter from the head office which required 11 of the top leaders in Sector 505 to go to a meeting in Phnom Penh. At the time, he said, he was young and he was happy that his superiors would be away for a few days. However, he realized they had been “disappeared” when their positions were filled with new cadres. Their names later appeared on the prisoner list of S-21, including one of his uncles.The witness spoke in particular about the harmful effect of the mistrust between comrades sown by the party, specifically through their Revolutionary Flag magazine which told its readers that enemies of the party were everywhere. These enemies were referred to as “burrowing enemies”, and much of the witness’s testimony related to how the party dealt with these alleged burrowing enemies. The witness pointed out how the magazine and the party focused heavily on eradicating friends of the CIA and the KGB-affiliated Vietnamese, while ignoring the hunger and shortage of food being suffered by the Cambodian people at that time.According to the witness,  the Khmer Rouge tended to move cadres who were from the East Zone into the Southwest Zone and vice versa, and each time they moved it was difficult for party members to trust them. As well as this, the witness said the mistrust meant that any person with any connection to Phnom Penh or outside Cambodia was disappeared because they were believed to be an agent of the enemy.   He exemplified this with the case of his mother,  who according to the witness was killed because of an aunt in Phnom Penh, even though she had been a member of the party since 1970. The witness stressed that the principles of the party were sound – he remained a member of the Khmer Rouge until 1998. However the principles depended on execution, and in this he felt the party failed. The leadership was not consistent through the country, he said, and the breakdown occurred between the written tenets of the political society created by the Khmer Rouge and their implementation of them.

Mr MEAS Soeurn Mr MEAS Soeurn

Mr Meas Soeurn was born in 1952 in Phnov village, Rumchek subdistrict, Memot district, Tbong Khmun province and lives with his wife and children in Ta Khmau village, Ta Khmau commune, Ta Khmau district, Kandal province. He works in the Kandal provincial committee. He testified in Case 002/02. Mr Meas stated that he joined the revolution unknowingly by running from his village into the forest in 1968. He kept fleeing until March 1970, then worked as a driver for his father, Meas Senghong, alias Chan, who, between 1970 and 1975, was deputy chief then chief of sector 21, then became the deputy chief of the East zone. Mr Meas became a member of the CPK in 1974. He got married in late 1976. After 1975, he attended a technical training session and became the deputy chief of a metal factory in the East zone, and did not see his father anymore. He often traveled between the Commerce office in Phnom Penh and his factory to transport material. According to Mr Meas, all East zone cadres including East zone leader Sor Phim were purged in May 1978. They were accused of treason and collusion with the Vietnamese. During his testimony, he gave the names of some of them. He explained that when a chief was falsely “sent to study sessions”, all his subordinates were too. His father kept his position, but went to Phnom Penh and disappeared a few months before January 1979. Mr Meas stated that at the time, his factory received letters from Phim instructing them to resist the arrests. He said that Phim believed that Son Sen was plotting against Pol Pot and Nuon Chea. Mr Meas also declared that there were some arrests prior to 1978 in his unit. He recalled one Vietnamese employee in his factory who got arrested. He also explained that Cham people in the East zone were displaced and tried to rebel. According to him, the East zone forces fought back against the Centre in 1978.

Mr CHHUN Samorn Mr CHHUN Samorn

Mr Chhun Samorn was born in 1957 in Thmei village, Ksetr commune, Kampong Rou district, Svay Rieng province, where he still lives with his family and works as a rice farmer. He testified as a Civil Party in Case 002/02. Mr Chhun became a Khmer Rouge soldier in May 1975, and worked as a messenger in unit 75. He delivered information about enemy positions to other units. He also attended meetings on the subject. In 1976, he was sent to sector 23 and worked in the Special Unit, in charge of gathering intelligence and sometimes of planting mines. Meetings about internal matters were organized. His unit was sent to areas close to the Vietnamese border, in Svay Rieng province, where he said the fighting was fierce in 1976 and 1977, in order to collect information. Sometimes, his unit had to fight the Vietnamese Special Unit. Mr Chhun stated that the work of the Special Unit was harder than other units’. According to Mr Chhun, the fighting intensified in 1977 and soldiers from the Central and the Southwest zones were sent in as reinforcements. At the end of 1977, East zone commanders were sent to training sessions and disappeared. The units were split by Central zone soldiers between the soldiers who had joined the revolution before and after 1975. Weapons were confiscated. Soldiers who had joined before 1975, about 300, were boarded on trucks and were sent to Veal Taprunh. The few others, including Mr Chhun, were integrated into Division 703 and asked to show landmines locations. They were then sent to the same place instead of to the Center. They were all instructed to work in rice fields and to dig holes. In 1978, Mr Chhun heard that East zone soldiers attempted a coup in the Center. Mr Chhun and his coworkers were instructed to go back to their families and villages. In Mr Chhun’s village, soldiers from the Center replaced the cooperative chiefs and told his unit that they would be reenlisted after the purge. However, the witness explained that a few days after their arrival, they tied them up, called them traitors and walked them to be executed. Mr Chhun heard from someone that they were not the first group of soldiers to be sent away. At the execution site, the soldiers who were tied up were shot, but some managed to untie themselves and to flee. Mr Chhun managed to flee with two other soldiers and jumped into a river, then crossed the Vietnamese border. They were rescued by Vietnamese soldiers. The Vietnamese asked them questions and let them join their army in order to liberate Cambodia. The witness recognized a few names of cadres from his unit who were sent for study sessions and are on the S-21 OCIJ prisoners list. After his testimony, Mr Chhun asked for justice for his family and asked the accused two questions: why they divided the soldiers between those who joined the revolution before and after 1975, and why they arrested many East zone soldiers without justice. The accused used their 10 Hearings in Case 002/02 right to remain silent.

Mr. MAKK Sithim Mr. MAKK Sithim
Mr. TAY Teng
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
Mr PHON Thol Mr PHON Thol
Ms. KHOUY Muoy Ms. KHOUY Muoy
Mr. UCH Sunlay Mr. UCH Sunlay
Mr MEU Peou 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 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 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 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.

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