KHAM Phan, alias PHAN Van
Pseudonym: TCW-307, 2-TCW-1011
Cases: Case 002/01 ,Case 002/02
Category: Witness
Background and role:
Kham Phan alias “Phan Van”
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was the son of Ta Laing
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alias “Laing” or “Horm”
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who was the Secretary of the Sector 105 in Mondulkiri
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where Phnom Kraol Security Centre and Office K-17 were based. From late 1974 to 1977
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Van worked in the communications unit of K-17 where he decoded and transmitted telegrams from CPK leaders, including Noun Chea.
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After the death of his father, Van left Office K-17 and began to work as a driver at K-2 under the authority of Ieng Thirith.
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Van provided testimony on the workings of K-17 – particularly the transmission of telegrams between K-17 and Office 870, the roles of CPK senior leaders – including Nuon Chea, Khieu Samphan, and Ieng Thirith – as well as the activities of Offices K-17 and Office 870, and the killing of his father, Laing.
Van’s father joined the National United Front movement around 1970,
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and Van accompanied his father during his stay in the jungle.
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In late 1973 or early 1974, Van worked as a messenger in B-20 in Kampong Cham province,
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carrying messages for senior CPK leaders, including Pol Pot and Nuon Chea.
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There, he was trained
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by two persons – named Sim
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and Yos
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– in encoding
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and decoding telegrams and, subsequently, started to work as a messenger,
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carrying messages for various “uncles”,
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including Nuon Chea, Hu Nim, Hou Youn, and Pol Pot.
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Van testified that at B-20 he saw “other intellectuals, including Khieu Samphan”
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and high-standing cadres, including Ta Mok and Son Sen.
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During that time, Van also learned about other meetings amongst high-ranking officials, including zone leaders and other senior cadres at B-20.
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Van testified that he never decoded or encoded telegrams forwarded between the different “uncles”.
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However, Van confirmed that Sector 105 received and forwarded messages from Khieu Samphan, who signed these messages as “Hem”.
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Activities at Office K-17 and the role of Nuon Chea
When Van left B-20, he accompanied his father in Sector 105 in Mondulkiri province.
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There, Laing became the secretary of the sector
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and assumed his post at Office K-17 in Phnom Kraol,
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where he was responsible for overseeing the general affairs of Sector 105.
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At Sector 105, Van worked in the communications unit where he decoded and transmitted telegrams at Office K-17 from late 1974 to 1977.
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Telegrams were directly transmitted through the communications unit of Office K-17, which were manned by Van.
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He maintained his role in the Telegram Section until shortly after the fall of Phnom Penh
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when he was succeeded in this role by his sister Sovannhan.
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Van testified that during his father’s tenure as Secretary of Sector 105, Laing reported directly to the Party Centre at Office 870.
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Apart from his position in the Telegram Section, Van worked as a personal messenger and driver for his father
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and in this role regularly delivered messages to district chiefs across Sector 105, while also providing security measures where required.
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In this function, he regularly accompanied his father to Phnom Penh on various occasions, including when summoned by the upper echelons.
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Van testified that his father addressed Nuon Chea as “Brother” or “Bong” in various telegrams.
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Relying on Van’s testimony, the Trial Chamber confirmed the existence of at least 12 telegrams dated between October 1976 and August 1977, which were either directly addressed or copied to Nuon Chea and/or Office 870.
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The Trial Chamber further found that communications between Office K-17 and Nuon Chea pertaining to matters of security
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confirmed that Nuon Chea would “personally instruct the sector on security and military matters, including the need to remain vigilant, at times requesting forces from the sector and advising on the conflict between Democratic Kampuchea and the Socialist Republic of Vietnam”.
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Van also testified that he personally knew Nuon Chea “very well”
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and confirmed the authenticity of the telegrams in question, stating that the majority of telegrams to Office K-17 emanated “from Office 870”.
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The Killing of Laing and his subsequent role under Ieng Thirith
Responding to questions about a particular trip to Phnom Penh in May 1975, Van testified that together with his father and deputy chief, Ta Sarun, he travelled to the city, where both Laing and Sarun were expected to participate in a large gathering at the stadium.
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After this meeting, Laing as usual returned to Sector 105 where he convened meetings with cadres from different districts.
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On one occasion, Laing was ordered to Phnom Penh through a message conveyed by Nuon Chea, and he travelled there accompanied by sector deputy chief Ta Kham Phuon.
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Upon their arrival in Phnom Penh, both men were killed
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under unclear circumstances
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in late 1977.
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Van testified that he was not aware of the actual specifics surrounding the death of his father and uncle, merely indicating that neither a proper investigation was conducted nor that he was informed about the actual cause of death.
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Shortly after the death of his father, Van left Office K-17 and began to work as a driver at K-2 under the authority of Ieng Thirith.
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Van testified that he frequently witnessed Thirith having meetings with senior CPK leaders, in particular Nuon Chea.
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Asked about eventual arrests and disappearances of senior cadres from the Ministry of Social Affairs from 1978 onwards, including Sou and Pak, Van maintained that he had no further substantive knowledge about policies implemented at the ministry or elsewhere.
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Structure of Sector 105 following Laing’s death
Regarding the structure of Sector 105, Van identified a number of senior cadres,
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including Ta Sarun, who acted as a deputy chief
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and replaced Laing
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after his death.
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During Sarun’s leadership, Van testified that the number of arrests, disappearances, and killings increased compared to during his father’s tenure.
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Confronted with Sarun’s testimony, in which he rejected Van’s assessment, the witness maintained that the said measures were carried out under Sarun’s leadership.
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As held by the Trial Chamber in its Judgment, it remained difficult to reconcile both competing accounts, in part possibly resulting from Van’s motive to “minimize his father’s responsibility as Sector 105 Secretary, and Sao Sarun’s motive to distance himself from any offending conduct during his tenure as Laing’s successor”.
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At Office K-17, monthly meetings were held with representatives from various districts.
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These meetings also included political education sessions for cadres of Sector 105,
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in which Van participated.
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At these sessions, as well as during the self-criticism sessions,
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the notion of internal enemies was raised, which were to be searched for across the sector units. Van also elucidated on applicable criteria, according to which individuals might be characterized either as allies or traitors, thus clarifying that the sector and its upper echelon did not have any discretion to determine the existence of enemies;
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this was exclusively directed by the Centre.
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Van also confirmed Sarun’s assertion, in which he claimed that the sector did not have authority to order arrests and those decisions to arrest and detain “emanated from the Party Centre”.
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Videos (Case 002/01)
Videos
