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. SANN Lorn 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 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.
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.
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.

Mr. IY Vuun Mr. IY Vuun

Mr. IY Vuun, aged 79 years old worked in a rice field and lived about 300 meters from the Ksach pagoda. The temple had been removed and one of the monk residences was used to store rice. Mr. Vuun testified that executions took place in the pagoda including the execution. The people who were executed were told they were going to attend a study session. No one was allowed near the pagoda, it was forbidden and it was guarded. Mr. Vuun explains that he was able to get close to pagoda to see the pit of corpses as he was tendering cows in the area. 

Mrs. SIN Chhem

79 years old Ms. SIN Chhem was called to testify on the treatment of Vietname people in her commune during the Democratic Kampuchea regime. Ms. Chhem testified that the Vietnamese in her commune had Khmer husbands and wives. The Vietnamese spouses and the children of mixed marriages were taken away at night time to be killed. In total 4 families were taken away. Her husband was a commune chief. After her husband’s arrest, another person replaced him and the witness testified that that person had organized the arrests of the Vietnamese families in the commune. 

Mr. Um Sounn Mr. Um Sounn

Mr. Um Sounn was about 30 meters away from the killing site at Khsach Pagoda and was with friend Sean Sung - a previous witness in Case 002/02.  W remembers armed people accusing the victims as “Yuon” (Vietnamese) inside the library hall. W then heard screams and crying while he saw the victims being killed one by one. Out of immense fear, he ran towards his house shaking and trembling. He returned to the killing site the next day and saw pits overflowing with corpses and gall bladders hanging on coconut trees. W mentioned that babies and small children were held upside down and were smashed onto the coconut trees whereas older children were killed using bamboo clubs.       

Mr. Prum Sarun Mr. Prum Sarun

After serving in the former Lon Nol miliarty for over 3 years, including 1 year of study in Thailand, Mr. Prum Sarun testified on his experiences. The witness knew that all of the other former soldiers in his area were taken away and killed; however, the KR spared his life due his hard work. The witness was also present in a few meetings with the KR officials which detailed accused traiors within the commune who were then killed.The witness also saw young cadres, as young as eight years old whose gun barrels touched the ground, arresting groups of people who were taken away and never returned.

Mr. CHHOEUNG Yaing Chaet Mr. CHHOEUNG Yaing Chaet

 The Civil Party’s family was mistreated in Sey Taekoy Village – his birthplace – and threatened by the Khmer Rouge, after which point they were forced to move to Kampong Chnnang. His family was killed without warning while at Da Village; one morning, eight men armed with guns, axes, and grenades came for his family, tied them up in rope used for cows, and walked them away. At the time he was unaware that his family would be killed and only found out after walking by a ditch and seeing their bodies. CP also admits that he was hit in the neck three times by an axe. CP describes his attempted execution; he was forced to kneel by the pit, but he lost his balance and his head moved forward, afterward he was hit by an axe three times in the neck and dropped into the pit. He regained consciousness, around the lifeless bodies of this family members, at around 4 pm and walked day and night to the floating Vietnamese Kruh Village, where he was given traditional and modern medicine.       

Ms. Sao Sak Ms. Sao Sak

Ms. Sak resides in Olong Treah Village, Prey Veng Province and works as a dry season rice farmer. Her mother was half Vietnamese, but none of her mother’s family members lived in their village. She recalls that anybody with Vietnamese origin was taken away to be killed, and that her mother met the same fate. 

Prak Deun Prak Deun

Prak Deun testified on the treatment of  Vietnamese people by the Khmer Rouge. He had a wife, four daughters and a son during the Khmer Rouge reign, and was evacuated to Pek Chan Ba Village where his family were divided into their separate units. After being forcibly relocated to Ta Muth Island for one and a half years, Khmer Rouge cadres granted Mr. Deun's request to have his family moved to the island with him. During this time he saw ethnic Vietnamese removed from the island or attacked, and speaking Vietnamese resulted in physical punishment or death. Eventually the cadres separated the Vietnamese and Khmer into separate groups and brutally murdered the Vietnamese group.

2TCW-918 2TCW-918

Witness 2TCW-918, a Commander of the Battlefield and worker in a fishing district from 1975-1976, was called to testify about the nature of dam production, workers' amenities, and various other subjects. As a Commander of the Battlefield, 2TCW-918 was primarily responsible for overseeing the production of dams and supervising the workforce. He gave specific details pertaining to his time supervising the construction of dams and working in the district 5 fishing village.

Mr. SIEN Sung Mr. SIEN Sung

Witness Mr. Sien Sung witnessed how a girl named Chantha was allegedly attacked when her gall bladder was removed from her body during a purge at Wat Khsach pagoda in Chi Kreng district in 1978. He also testified that he watched 60 to 80 people being killed by the Khmer Rouge, amongst them children. The soldiers who killed the victims were, according to this testimony, between 14 and 16 years old with one adult leading the group (source).

Mr. SOS Romly Mr. SOS Romly
Mr. SOS Rumly, of Kampong Cham province, approximately 60 years old at the time of his testimony, is the second witness to be heard before the Trial Chamber in January. As the clerk to the Trea commune chief during the Democratic Kampuchea, Mr. SOS Rumly conveyed testimony concerning the treatment of Chams. A Cham himself, he described his own experiences prior to 1975 and how things changed after. The general theme of his testimony was the restriction of religious and cultural freedoms, leading to the arrests of various Cham leaders throughout his village.
Mr. BAN Seak Mr. BAN Seak

Mr. BAN Seak, aged 61, testified how he was appointed as the Deputy Chief of Public Works after the purges of the North Zone cadres occurred. During his time as Deputy Secretary, So Soeun, wife of Ke Pauk, was appointed District Chief of the Chamkar Leu District. Being tasked with supervising the Lvea and Chamkar Andong villages, he was unaware of any Cham people living within the areas because they were forbidden to practice their religion. The witness was not aware about the fate of approximately 1,000 Cham families reported missing from the Chamkar Leu district. Mr. Ban, who lost two of his siblings during this time, reaffirmed that people were killed regardless of their race or religion. He was told by the district committee members that Nuon Chea acted as one of the key advisors on certain "policies". Mr. Ban said he had no authority to decide who would be executed; the orders came from the upper levels, and stated that no one was spared from the purges. If you opposed the regime, you were the enemy. He recalled seeing corpses, some in unknown military uniforms, floating down the Mekong near Trea Villiage. Some did not have heads.

Mr. SOT Sophal Mr. SOT Sophal

Rice farmer Mr. SOT Sophal, aged 51 at the time of trial, recalls his experience working at the Trapeang Thma Dam (TTD) worksite. He was transferred to the TTD worksite after being one of 2,000-3,000 children working at a Kampok Plantation. At the TTD site, he was part of the Special Children’s Unit assigned to dig and carry dirt, enough to meet the ever increasing daily quota. Working from 3am until 11am, then 2pm until 11pm, Mr. Sot states that if you didn’t meet the daily quota your food rations were significantly reduced. He saw workers fainting and dying because of too much work and inadequate food rations. Some people were also punished by being tied to wooden boards. He heard militia regularly stating “to keep you is no gain, to lose you is no loss”. He confirms that he would see people getting arrested to be brought to Ta Val, the alleged TTD chief, and states that the purpose of the arrests was re-education. He never saw the return of the arrested people. Some workers were publically killed to deter disobeying behavior; as a result, he fled TTD to the forest. He heard screams of people being pushed into pits by tractors.  

Ms. NO Sates Ms. NO Sates

Ms. No Sates, 57, was born and still lives in the Srei Klang Village, Srei Klang Commune. Srei Klang was at the time considered a Cham villager and, after a quelled rebellion, she and nearly three hundred other villagers were quarantined in a warehouse with no access to food or medical supplies. All were forbidden to speak Cham or practice Islam, and many died as a result of confinement and lack of access to vital resources. Ms. No stated that the Chams were targeted - especially men - and often taken away at knife-point, and that she lied about being Khmer for fear of execution. The Khmer Rouge tasked Ms. No and her fellow villagers with constructing a large dam and digging graves, during which time both of her parents died. She contracted dysentery.

Mr. HIM Man Mr. HIM Man

Mr. Him Man, a Civil Party, 66, was born and currently resides in Sauk Sau village in Kampong Cham. He stated that the Khmer Rouge viewed the Cham people as "enemy number one" and forced them to eat pork, cut their hair, and stop doing religious displays such as praying. Even if these rules were obeyed, many Cham people were removed from the village and executed by the Khmer Rouge The Civil Party said he had observed some of the killings while hiding in the bushes. Mr. Him said that he and his wife escaped persecution by hiding in a nearby pond for nearly four months before being captured and subsequently sent to a detention facility. Later, while he was aboard a boat ostensibly bound for execution, Mr. Him was rescued by the Vietnamese.

Transcript of hearing on the substance in Case 002/02 - 28 September 2015
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