KIM Vanndy
Pseudonym: TCCP-59
Cases: Case 002/01
Category: Civil Party
Background and context
After the Lon Nol coup d’état and prior to 1975, Kim Vanndy was a student and the son of a colonel of the navy.
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Before 17 April 1975, repeated fighting between Khmer Republic and Khmer Rouge soldiers forced him and his family to take refuge at his uncle’s place.
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He returned to his family home in Chrouy Changva only as the clashes ceased.
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Events on 17 April 1975.
On 17 April 1975, Kim was at his uncle’s place when he saw Khmer Rouge soldiers entering Phnom Penh.
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Through the closed door, he heard the jeep driven by his uncle, who was a colonel of the Khmer Republic, approaching and stopping in front of the house.
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After hearing a gunshot, he opened the door and saw his uncle falling on the ground in blood after a Khmer Rouge soldier shot him.
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The Trial Chamber found Kim's testimony on the shooting of his uncle to be detailed and credible. It considered the murder as one of "numerous other soldiers and civilian officials of the Khmer Republic" who were hors de combat and executed.
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In its appeal, the Defence questioned the qualification of this particular killing as a crime against humanity, because it is not clear whether Kim’s uncle was hors de combat, since he was wearing his military uniform and driving a military vehicle. The Supreme Court Chamber agreed with the Defence, considering that “this killing, while reasonably established in terms of the facts, […] does not qualify as a crime against humanity”.
The evacuation of Phnom Penh
Kim heard Khmer Rouge shouting that people had to leave Phnom Penh, for three days, to avoid the bombardment by the Americans.
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His family packed few belongings, confident to find food along the road, and left, with the belief to return soon, upon encouragement of the Khmer Rouge.
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He recalled that there was shooting and people died,
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and that the Khmer Rouge fired gunshots to decongest the road and push people to move, even hitting them with rifles.
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The Trial Chamber found Kim's testimony on the events of 17 April 1975 and following evacuation of Phnom Penh to be credible. In particular, it relied on him in making findings on the implementation of the forced movement, the conditions suffered by the evacuees, and the treatment of people at checkpoints.
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Living conditions during the journey out of Phnom Penh
Kim’s family moved repeatedly from a village to another, lacking the permission to settle because they were “17 April People”.
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When travelling between villages, they slept on the ground, and had to walk and carry their luggage, while vehicles transported “Base People”.
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He also saw dead bodies of Lon Nol soldiers on the road.
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The Khmer Rouge did not supply medical assistance or food for the journey
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and evacuees exchanged their belongings for rice.
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Both the Trial Chamber and the Supreme Court Chamber relied on Kim’s testimony in making findings on evacuees’ miserable living conditions throughout their journey.
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Living conditions and workload
The Khmer Rouge instructed Kim’s family to settle in a village, where they had to abandon their belongings for communal use.
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“Base People” and “17 April People” lived, ate and worked separately.
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While the food supplied to “Base People” was sufficient, “17 April People” received an inadequate portion of rice, which they supplemented with raw fruits and plants.
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Individuals died from malnutrition and scarce medical treatment, and anyone found stealing food was executed.
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The Khmer Rouge kept “17 April people” under control through a network of people that observed every movement and inquired about their past.
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The chief of the village registered the families and soldiers inspected their houses.
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Kim recalled that during one inspection, Khmer Rouge soldiers found a photo of his father in his navy uniform.
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He believes that this was the reason for the arrest of his father.
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Eventually, he realised that his father was killed when he saw his clothes tied on a tree.
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The Khmer Rouge accused Kim of being the son of a traitor, beat him, and shackled his feet for one week.
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His mother died from overworking; she was forced to dig dirt and build the dam, even though she had recently delivered a baby.
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Statement of suffering of Mr. Kim Vanndy, Civil Party
“My family and I suffered a lot during the Khmer Rouge regime.
Let me first touch upon the physical suffering suffered by my family.
We were moved to be away from our property, our house, and from the school. My family situation was like the rest of the people in the country, and it was the Khmer Rouge who did that; they inflicted that suffering upon my family and myself. We were forced to move away from our house, we were forced to engage in hard labour. We became too exhausted, we were starved, we were deprived of food as in the case of other Cambodian people at the time. And as a result, my younger sister and many of my relatives died of starvation. It was miserable. They killed my father; they killed my great uncle and my great aunt, as well as many of my relatives, unjustly. As a result, at present, my mother became a widow, and I became a child without a father.
Every time I think of what happened, it seems so vivid, living in front of my eyes and it makes me so angry.
And as a result, I joined the army; I wanted to take revenge. But I did not succeed in that, so I had to sell my labour for a nominal fee to survive until the present day, until the day I die.
Mr. President, Your Honours, please, find justice and punish them appropriately, in proportion to the loss that I incurred, as well as the loss of other Cambodian people. Please punish to the harshest degree as it is possible. And, finally, I wish to express my gratitude and thanks to Your Honours and to everyone else inside and outside the courtroom. And I wish all the best. I'm grateful, Mr. President.”
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