Case 002

Two former Khmer Rouge leaders are now on trial in Case 002.

The two Accused are:

  • Nuon Chea, former Chairman of the Democratic Kampuchea National Assembly and Deputy Secretary of the Communist Party of Kampuchea; and
  • Khieu Samphan, former Head of State of Democratic Kampuchea

The two Accused are charged with crimes against humanity, grave breaches of the Geneva Conventions of 1949, and genocide against the Muslim Cham and the Vietnamese. 

The Trial Chamber held the initial hearing in June 2011. Since then, Case 002 has been severed into at least to separate trials, each addressing a different section of the indictment.

Two other co-accused, Ieng Sary and his wife Ieng Thirith, were also part Case 002. The proceedings against Ieng Sary were terminated on 14 March 2013, following his death the same day. Ieng Thirith, was indicted but later found unfit to stand trial due to her dementia and separated from the case in November 2011. Following a re-assessment by medical experts in August 2012, The Trial Chamber found that Ieng Thirith remained unfit to stand trial. The medical experts concluded that no further available medical treatment was likely to improve Ieng Thirith's fitness to stand trial. Ieng Thirith was released from provisional detention on 16 September 2012, and she is currently under under judical supervision.

Case 002/01: The first trial (Case 002/01) commenced on 21 November 2011, primarily focusing on alleged crimes against humanity related to the forced movement of the population from Phnom Penh and later from other regions (phases one and two), and excution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975.  It also considers the roles of the Accused in relation to regime policies relevant to all charges, which will provide a foundation for examining the remaining charges in future trials. The hearing of evidenve in case 002/01 ended on 23 July 2013 and the closing statements concluded on 31 October 2013. The trial judgment was pronounced on 7 August 2014. Nuon Chea and Khieu Samphan were found guilty of crimes against humanity and sentenced to life imprisonment. Both accused havesfiled appeals against the judgement, and appeals proceedings are ongoing.

Case 002/02: 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 Cooperatives;
•    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.

 

Read more about Case 002/01


Read more about Case 002/02

Case 002/01

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

Mr. KHOEM Ngorn Mr. KHOEM Ngorn

Mr. KHOEM is currently residing in Bourei Cholsar District, Takeo province. He told the Trial Chamber that he used to work in the Ministry of Foreign Affairs.

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. SAR Kimlomouth Mr. SAR Kimlomouth

Mr. Sar was the deputy director of the national Bank during Democartic Kampuchea.

Mr. NY Kan Mr. NY Kan

Mr. NY was one of Son Sen's brothers.

Dr. LIM Sivutha Dr. LIM Sivutha

Dr. Lim is a medical doctor in the emergency section at the Khmer Soviet Friendship hospital.

Mr. PEAN Khean Mr. PEAN Khean

Mr. KREAN is a member of the Kravet ethnic group, and during his testimony he said that he joined the revolutionary movement in 1966 while living in Rattanakiri province. He told that he used to work as messenger for Koy Thuon.

Mr. SALOTH Ban Mr. SALOTH Ban

Mr. SALOTH was the nephew of Pol Pot. He is a retired soldier, currently residing in Malai. During his testimony, Mr. SALOTH told the court that he held the postion assumed the postion as secretary-general at the Ministry of Foreign Affairs after the fall of Phnom Penh.

Mr. SAUT Toeung Mr. SAUT Toeung

Mr. SAUT told the Trial Chamber that he used to work as a bodyguard and messenger for Nuon Chea.

Mr. KAING Guek Eav Mr. KAING Guek Eav

Mr. KAING Guek Eav alias Duch was sentenced to life imprisonment on 3 February 2012 for his role as Deputy and later Chairman of S-21  security center in Phnom Penh. He was called to testify in Case 002. Fore more information about KAING Guek Eav: http://www.eccc.gov.kh/en/indicted-person/kaing-guek-eav

Mr. CHHANG Youk Mr. CHHANG Youk

Mr. CHHANG is the Director of the Documentation center of Cambodia (DC-CAM).

Ms. PRAK Yut Ms. PRAK Yut

Ms Prak Yut, 67, became a district secretary of Kampong Cham in 1977. She testified about her experiences as a mid-level Khmer Rouge official, answering questions about the chain of com-mand within the ranks of KR officials, the issuing of reports to the upper echelons and her knowledge of education and security centers.

Mr. VANTHAN Dara Peou Mr. VANTHAN Dara Peou

Mr. VANTHAN is the Deputy Director of the Documentation Center of Cambodia (DC-CAM).

Mr. ROMAM Yun Mr. ROMAM Yun

Mr. ROMAM lives in Andoung Meas district, Rattanakiri province. He told the court that once he joined the revolutionaty movement he first worked as a messenger. Later he was promoted to village chief, and subsequently to commune chief and district chief.

Mr. LONG Norin Mr. LONG Norin

Mr. Long is a resident of Malai in Battambang province. He told the court that he used the work in the Ministry of Foreign Affairs after the fall of Phnom Penh. He testified via video link.

MR. KLAN Fit MR. KLAN Fit

Mr. Klan, from Ta  Lav village in Rattanakiri  is a member of the Kachok ethnic group. He told the court that after he joined the revolutionary movement he worked as a messanger, and tha he later become commune chief and deputy secretary of his district.

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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