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. 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. Stephen Heder Mr. Stephen Heder

Mr. Heder is an American scholar who was called to testify about the books he has authored and interviews he has conducted with the Accused and other cadres relevant to the regime of Democratic Kampuchea. He previously worked in the ECCC’s offices of the Co-Prosecutors and then of the Co-Investigating Judges. Since the Khmer Republic period in the early 1970s, he had worked as a journalist and researcher in Cambodia, and continued to cover Cambodia even after he left the country in April 1975. Seven Candidates for Prosecution: Accountability for the Crimes of the Khmer Rouge.

MS. EK Hen MS. EK Hen

Ms Ek was a member of the Khmer Rouge military before being placed in mo-bile working units after the formation of Democratic Kampuchea. She answered questions about the disappearances of associates from her workplace, the de-nouncement of people as traitors and the presence of the accused at her worksites.

Transcript of hearing on the substance in Case 002 - 03 July 2013
Mr. SUM Alat Mr. SUM Alat

Mr. SUM was a Lon Nol soldier in Pursat province when Khmer Rouge seized nationwide control in April 1975. He was questioned related to the alleged executions at Tuol Po Chrey.

Transcript of hearing on the substance in Case 002 - 03 July 2013
Mr. LEV Lam Mr. LEV Lam

Mr. LEV Lam said he was a militia man in Kampong Tralach Leu district/ District 12 from 1972-1975.

Transcript of hearing on the substance in Case 002 - 02 July 2013
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
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