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. SAO Sarun Mr. SAO Sarun

TCW-604, Mr Sao Sarun was born in Kaoh Moueleu Village, Peam Chi Miet Commune, Kaoh Nheaek District, Mondolkiri Province. He does not know his date of birth and suggests he might be around 90 years old. The witness first appeared before the chamber in June 2012 to testify on Case 002. The witness testified for a second time via video link in March 2016. He joined the Communist Party of Kampuchea in 1968 and was appointed district chief three years later. He said the secretary of district 105, Laing, died in a fight in Phnom Penh. The witness heard about the incident through another cadre who was in Phnom Penh at the time and was later sent to S-21.  According to the witness, a few months after the death of Laing, in late 1977, Pol Pot appointed him as the secretary of district 105 at a meeting where Son Sen, Khieu Samphan and Nuon Chea were also present. He explained that during the same meeting they also discussed the war with Vietnam. The Khmer Rouge leaders discussed attacks and incursions into Vietnam. Mr Sao Sarun testified that policies were set by the party and he was not in a position to create his own. According to the witness, in sector 105, wives and children were never arrested along with husbands. 

Mr. LACH Mean Mr. LACH Mean

Lach Mean was called as a witness to testify on the functioning of S-21.Lach Mean was recruited as a Khmer Rouge militia member in 1974 before becoming a soldier. In 1975, he was sent for training at the military technical school at Ta Khmau. He was then assigned to work as a guard at Ta Khmau prison and later on at Dam Pheng prison in Phnom Penh. When this prison was relocated to S-21, he worked there as a guard and typist. In late 1978 he as transferred to the interrogation unit where he received training under the supervision of Kak. As a witness, Lach Mean described the working conditions at S-21, reporting that S-21 staff disappeared on a regular basis. He described the detention conditions as well as the interrogation sessions, which aimed to extract information from the prisoners and identify their networks. His training to become an interrogator consisted of observing his supervisor interrogate detainees. He told the Trial Chamber that he was only assigned to interrogate ordinary detainees and was not permitted to inflict torture upon them. He acknowledged before the Chamber that he personally interrogated only three to four detainees. He testified on the torture methods used at S-21, such as beating prisoners with a guava tree stick and applying electroshocks to their ears. As an interrogator at S-21, he recalled meeting the Accused on a daily basis. A lawyer assisted Lach Mean in case an issue of self-incrimination arose. 

Mr. HIM Huy Mr. HIM Huy

Mr. Him Huy was called as a witness to testify on the functioning of S-21.A Khmer rouge soldier since 1972 or 1973, Him Huy started to work at S-21 as a guard in late 1976. There he became part of the special unit operating under the defence unit and was responsible for the arrest and transfer of detainees. With the intensification of internal purges at S-21, he was promoted to Deputy Chief of the special unit in charge of security matters at S-21 in 1977. He claims that he was transferred to build dykes in the rice fields at Prey Sar in 1978. As a witness, Him Huy mainly testified on the arrests procedure at S-21, including the arrest of S-21 personnel, the detention conditions, and the executions of S-21 prisoners. He told the Trial Chamber that he was in charge of the transport of detainees to Choeung Ek where executions took place beginning in 1977, but that he had himself only executed one prisoner there. Him Huy also addressed the role of the Accused at S-21. He stated that "Duch was the only one to give orders" at S-21, and that he was scared of him: "Frankly, when I see him, it reminds me of the moment I had worked with him. I did not dare to look at him [Ö] and even now, Iím fearful of him". He recounted how S-21 personnel were put "on high alert" once purges inside the prison had begun. A lawyer assisted Him Huy in case an issue of self-incrimination arose. However, Him Huy did not invoke his right to remain silent. 

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