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.

Ms. Iam Yen Ms. Iam Yen

 Ms. Iam Yen, 47 or 48, stated that she was separated from her parents in 1976 and sent to Tuol Kruu village to go work at the dam there at the children’s unit. Ms. Iam described a few instances in which she was caught either trying to escape from her unit to visit her parents or was seeing attempting to steal food, and was beaten or buried. The civil party explained that her suffering continues today because she has poor health and is uneducated, which stemmed from her time under the regime. 

Mr. Richard Dudman Mr. Richard Dudman

Mr. Richard Dudman, age 96, was one of only two western journalist who were allowed to visit Democratic Kampuchea. Hetestified via videolink from the USA. Mr. Dudman recollected on his time spent in Cambodia before, during, and after the Khmer Rouge. He stated that they were all different experiences, that in 1978 he was physically threatened, but in 1990 he was walking through the streets and looking for evidence. He recalled his experiences the evening of Malcolm Caldwell’s death in December 1978, stating that he heard gunshots but is unsure of the reason for the attack against the journalists. Mr. Dudman also recalled his interview with Pol Pot. 

Ms. OEM Saroeurn Ms. OEM Saroeurn

 Ms. Oem Sarouern, 59 or 60, explained that in 1975 she was evacuated from Takeo to work and live in Leay Bour commune and was separated from her family in 1976. According to the civil party, she was assigned to a mobile unit in 1977 to carry earth, and senior leaders visited the Tram Kok worksite that year. The civil party stated that she did not receive enough food when she was transferred and was arrested for stealing cassava. Questioned about her husband, the Ms. Oem stated that he was arrested by Ang Ta Soam guard and sent to Kraing Ta Chan in 1976/77 where he died, and where her brother, father, and uncle were also sent. She stated her son died from disease. 

Mr. SAUT Saing Mr. SAUT Saing

The Trial Chamber granted protective measures for the Civil Party who testified with image and voice distortion.The civil party described that in 1975 he was a soldier protecting the province of Takeo but was compelled to join the Khmer Rouge force at a dam worksite. He stated that he was trained in a youth unit and in 1976 was assigned to Kraing Ta Chan prison. The civil party described the interrogations, torture, insufficient food rations, and executions that took place at the prison. The civil party stated that children would come with their parents, and when the mothers disappeared their children would disappear as well.  

Mr. Riel Son Mr. Riel Son
Mr. Riel Son, 77, from Tramkak district, explained that in late 1976 he was assigned as deputy chief of the district 105 hospital. During his testimony he described the conditions in which the patients were treated and the general organization of the hospital. He stated that in the majority of cases people suffered from malnutrition and malaria and that in the months before the fall of Pol Pot there were 10 to 20 patients dying every day from severe malnutrition. Mr. Riel also described having attended a meeting where instructions were given to purge former Lon Nol soldiers and Khmer Krom people.
Mr. Nut Nov Mr. Nut Nov

Mr. Nut Nov, 74, from Takeo Province, stated that during the Khmer Rouge regime he was assigned to the Nheang Nhang commune in charge of keeping expenditure and food consumption records. He was questioned about the categorisation of the people and about the food and health conditions in his cooperative. He also testified on the treatment of former Lon Nol officials and stated that only the sector and zone levels had the authority to decide who to arrest or kill.

Mr. Neang Ouch Mr. Neang Ouch
Mr. Neang Ouch, alias Ta San, 72, a former teacher, told the court he was appointed in 1975 as chief of education of three provinces, including Kampot and Takeo. In 1977 he was transferred by his brother-in -law Ta Mok to Leay Bour commune, where he was appointed as an assistant to the district committee. He disputed claims made by other witnesses that he was the District Secretary of Tram Kok. The witness stated that he was instructed to provide technical assistance in the construction of dams and canals and to show the cooperatives to Swedish and Chinese delegations. He was questioned about the administrative and communication structure in the cooperatives and the relations between the communes, districts, sectors and zones. He also answered questions about marriage ceremonies he had witnessed. When question about Buddhist practices, he said that there were no pagodas in operation in Tram Kak district during the
Mr. VAN Soeun Mr. VAN Soeun
Mr. Vann Soeun, alias Soan, 56, from Leay Bour commune in Tram Kok district, said he was assigned in 1975 to the guard unit at Kraing Ta Chan detention centre and tasked as a messenger during day time and as a prisoners’ guard during night time. He testified about the operations at Kraing Ta Chan and the conditions of the prisoners. He said he never saw any executions of prisoners, because he was stationed to guared the outer perimeter of the compound. When asked questions about defrocking of monks, he said he had heard of instances of defrocking from other people.
Mr. Phann Chhen Mr. Phann Chhen
Mr. Phann Chhen, 83, told the court that in 1973-1974 he was commune chief of Kus in Takeo in charge of culture and education. He said that he had no authority over Kraing Ta Chan after 1973, when it was transformed into a detention facility, and he only entered it to supply food. He was questioned about his knowledge about the operations at Kraing Ta Chan, and he denied ever having been in charge of Kraing Ta Chan during the period he was commune chief. He was asked about his role in the committee organizing housing for evacuees and people released from Kraing ta Chan (1973-74). He testified that that the marriages he witnessed appeared not be forced. He was also about party policies towards the Vietnamese, which he had learned of from broadcasts and meetings.
Mr. SREI Than Mr. SREI Than
Mr. Srei Thân, alias Duch, 58, was a Khmer Rouge soldier in Tram Kok district and later, in 1977, a guard in Kraing Ta Chan detention centre. He explained that while at Kraing Ta Chan he had been asked by the prison’s chief and his deputy to type confessions reports. He stated that while working in the prison chief’s office he could hear the screaming from the interrogation site. He was questioned about his tasks at Kraing Ta Chan and his unit. Following a request for protective measures, the Trial Chamber ordered that the address of the witness should not be disclosed to the public, and that his image should not be shown in public. The picture of the witness has therefore been distorted
Mr. SAO Han Mr. SAO Han
Mr. Sao Han, 68, from Tram Kok district, told the Trial Chamber that after the fall of Phnom Penh, his brother, a former Lon Nol soldier,was arrested and taken away for re-education a few days after he had arrived in his native village in Tram Kok district. . Later on he learned from neighbours that his brother had been taken to Kraing Ta Chan detention centre and killed. He was questioned about the working and living conditions in the cooperative. Asked about Buddhism, he stated that he witnessed statues and books being taken away from pagodas and monks being defrocked.
 Mr. PHNEU Yav Mr. PHNEU Yav
Mr. Phneu Yav, 68, from Samraong commune, Tram Kok district, explained that in 1970 joined the revolutionary movement. He was questioned about the living conditions in the Samraong commune. He stated that communal eating started in 1975 along with the banning of private ownership and that people were categorized into three separate units. The witness said that in late 1976 he was given the responsibility to teach base people’s young children how to spell and read the Khmer alphabet. He was also questioned about forced marriages that took place in the cooperative, and about the treatment of Buddhists.
Mr. RY Pov Mr. RY Pov
Mr. Ry Pov, 58, from Takeo province, explained that he and his family fled to Vietnam in 1975, and then took part in an exchange programme that was agreed between Vietnam and Pol Pot to return to Cambodia in 1976. Mr. Ry described the exchange process and the moment when Khmer Rouge soldiers prohibited them to move and confiscated their money and belongings. He was questioned on the treatment in Tram Kok cooperative and on the working conditions. The civil party stated that they were separated from the others and assigned to the “Youn” category.
Ms. Elizabeth Becker Ms. Elizabeth Becker

Ms. Becker is a former journalist with the Washington Post and the New York Times and she is the author of the book "When the war was over: Cambodia and the Khmer Rouge Revolution". She was one of only two western journalist who was allowed to visit Democratoc Kampuchea. During her visit in December 1978 she interviewed Pol Pot and Ieng Sary.

Mr. SOY Sen Mr. SOY Sen

The Civil Party Mr. Soy said has was arrested and sent to Kraing Ta Chan prision in 1974 and detained there until 1979. After a while he was allowed to work during daytime with watching after the cattle and farming activities. He said he was also ordered to dig pits and bury the dead. He was questioned about his experiences during the time he was detained at the prison. 

Mr. Keo Chandara Mr. Keo Chandara

Mr. Keo told the Trial Chamber that he joined the revolutionary movement as a doctor in 1970, responding to the call from former leader Norodom Sihanouk. He said he was arrested and sent to Kraing Ta Chan in 1975. He was questioned about arrest, interrogation, torture and exexutions at the security centre. 

Ms. CHEANG Srei Mom Ms. CHEANG Srei Mom

Ms. CHEANG Srei Mom, 60, is from Nhaeng Nhang commune in Tram Kok District in Takeo Province. She said the area came under Khmer Rouge control in 1970. She explained that before she was forced into a marriage in 1977, she had worked as a teaching assistant in a children’s unit. She was questioned about her marriage and other marriages in the cooperative. The witness was asked questions related to the living conditions, prohibition of Buddhism, policies on the Vietnamese, and arrests of people in the cooperative, including her own father, who she said was killed at Kraing Ta Chan Security Center.

Mr. EM Phoeung Mr. EM Phoeung
Mr. Em Phoeung, a monk, 77, explained that when he was evacuated from Phnom Penh he returned to his home town, at Ang Rokar Pagoda in Tram Kok district. The witness testified that the monks were forced to engage in construction works and that in 1976 he was instructed to leave the monkhood without any Buddhist ceremony. He wa also questioned about forced marriages and his refusal to get married.
Ms. CHOU Koemlân Ms. CHOU Koemlân
Ms. Chou Koemlân, 64, explained that she went with her family to Tram Kok District when evacuated from Phnom Penh in 1975. She described the living and working conditions in Tram Kok district. She was questioned about her experiences, the arrest of “new people” and marriage ceremonies. She was also questioned about her claim that she had seen senior Khmer Rouge leaders, among them Khieu Samphan and Nuon, visiting the cooperatives while she was there, as well as the arrest of her husband and other people in the cooperative, and the treatment of Vietnamese families. She said her husband was taken away and killed some time after they arrived in Tram Kok, and she also told that her three-year old daughter died from sickness and starvation.
Dr. CHAN Kin Ming, Medical Expert Dr. CHAN Kin Ming, Medical Expert

Dr. CHAN Kin Ming is a Singaporean geriatrician appointed by the Trial Chamber as medical expert to assess NUON Chea and KHIEU Samphan

 Dr. HUOT Lina, Medical Expert Dr. HUOT Lina, Medical Expert

Dr. HUOT Lina is a psychiatrist appointed by the Trial Chamber as medical expert to assess NUON Chea and KHIEU Samphan

Ms. OUM Sophany Ms. OUM Sophany
Ms. Oum Suphany, 68, a Civil Party from Phnom Penh, explained that when she was evacuated from Phnom Penh, she went to live with her future parents-in law in Trapeang Thum Tboung commune in Tram Kok District. She is the author of two books about her experience under the Khmer Rouge written based on secret diary she kept during the Khmer Rouge regime. She was questioned about the living conditions and her experience in the Tram Kok cooperatives, and about her claim of being forcibly married.
Mr. MEAS Sokha Mr. MEAS Sokha
Mr. Meas Sokha, alias Thlang, 54,from Tram Kok district. The witness said he worked in a mobile children’s unit until he was sent to Kraing Ta Chan prison together with a number of his arrested family members in June 1976. He testified about the living and working conditions in the Tram Kak Cooperatives and Kraing Ta Chan security centre in Takeo Province. He was questioned about the interrogations and executions that he stated to have witnessed at the detention center
Mr. PECH Chim Mr. PECH Chim

Mr. PECH Chim told the Trial Chamber he joined the revolutionary movement in 1970 in District 105. He was a former ‘deputy of the district front’ in Takeo province, which included in its jurisdiction the administration of the security centre Krang Tachang. He answered on distinctions between ‘good’ and ‘bad’ people and the executions of the latter, the role of the accused at study sessions, and his observations whilst working at the security centre.

[Old version] Transcript of hearing on the substance in Case 002 - 01 July 2013
Mr. MEAS Voeun, alias Sway Voeun Mr. MEAS Voeun, alias Sway Voeun

2-TCW-1008, Mr. MEAS Voeun, born in Srae Khlong village, Phnom Srok district, Kampong Speu province. Prior to testifying in Case 002/02 he was also called as a witness in Case 002/01. The witness was a regiment commander when the Khmer Rouge forces took control over Phnom Penh in April 1975. After 1975 he was stationed for three years at Koh Kong  as Deputy Commander of Division 1. In 1978 he was transferred  to Preah Vihear. He described the CPK hiarchy and command structure in his division and in the west zone.. His testimony covered the treatment of former Lon Nol soldiers and the treatment of the Vietnamese, as well as internal enemies and plans for  internal coup’ d’etat. The witness recalled instructions that former Lon Nol soldiers who raised a white flag were not to be harmed.  According to the witness, Vietnamese and Khmer people were enemies before he was born, however, during the regime unarmed Vietnamese civilians were not considered enemies. When Vietnamese were captured after 1975, they were according to the witness sent to the upper echelon and he had no idea what happened to them.

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