SAM Sithy
Pseudonym: SCW-3
Cases: Case 002/01
Category: Witness
Background and Role
Sam Sithy, alias “Thy”, was a resident of Ph-er village in Kampong Chhnang.
1
He gave evidence about the execution of his father Sam Eun, a former Lon Nol soldier, and the killing of several families, including his own, close to Wat Chrak Sdech in April 1975.
2
The witness was 13 years old in April 1975.
3
The Trial Chamber in Case 002/01 admitted Sam Sithy’s written statement
4
and relied upon it when finding that, in April 1975, the Khmer Rouge lured Khmer Republic officials to identify themselves and thereon executed them.
5
The Supreme Court Chamber, having heard oral evidence from Sam Sithy, found that he was not reliable and credible in relation to the killings of his own family, but upheld the Trial Chamber’s overall findings.
6
Evacuation of Ph-er Village
Sam Sithy stated that on the evening of 17 April 1975 armed Khmer Rouge soldiers came to his village to compel residents to leave their houses.
7
The soldiers told people that they should leave before the evening because American aircrafts were about to bomb the village.
8
The soldiers led the villagers including Sam Sithy’s entire family in direction of Teuk Phos District.
9
During this night he saw large numbers of people walking on the roads carrying their belongings, progressing very slowly.
10
Sam Sithy and his family walked for about ten days until they arrived at Phnom Chum Reay pagoda in Sameakki Mean Chey District,
11
from where they walked through the forest to Wat Chrak Sdech pagoda.
12
He saw thousands of families gathered at the pagoda.
13
The Identification of Sam Sithy’s Father as a Lon Nol Soldier
Sam Sithy stated that at Wat Chrak Sdech, the Khmer Rouge announced through loudspeakers that they were looking for Lon Nol regime officials.
14
The crowd was told that those who had worked as civil servants should register, to receive rice and thereafter return to their former workplaces.
15
He saw groups of people receiving rice and being led in different directions.
16
His father registered with the Khmer Rouge as a former Lon Nol soldier.
17
After that, his family received a portion of rice and was led away from the pagoda.
18
The Trial Chamber relied on Sam Sithy’s statement to find that following the evacuation of Phnom Penh, the Khmer Rouge announced that former Khmer Republic officials should turn themselves in.
19
The Supreme Court Chamber also referred to Sam Sithy´s written statement (among others) when noting that the finding that Khmer Republic soldiers and officials were often lured into identifying themselves was sufficiently supported by reliable evidence.
20
The Killing of the Witness´s Family
Sam Sithy testified that after leaving the pagoda in a group of seven families, they were led southwards to Prey Roung Khla,
21
until they arrived at a stream and were told to pile up their belongings.
22
The men were separated and told to go into the forest and cut wood.
23
He followed the group of men into the forest.
24
He then saw five to six armed Khmer Rouge come out of the forest pointing their weapons at the group of men,
25
so that he ran back to the group of women.
26
The women and children were later also led into the forest.
27
The group had to sit down on the ground and was shot at.
28
He was sitting behind his mother who was shot dead in the chest and fell over. He pretended to also fall over and played dead.
29
After a while all the bodies were dragged into a pit next to them.
30
He stated that he was hit on his head with a club
31
and then dragged in the pit as well
32
and that he remained there pretending to be dead for around two hours.
33
When he noticed the soldiers had left, he crawled out of the pit and found that only he, his younger sister, and his two cousins were alive.
34
Sam Sithy further stated that the group of children went back to Watt Chrak Sdech during the night.
35
The Trial Chamber found, considering Sam Sithy’s witness statement among other evidence, that there was evidence that former Khmer Republic officials who heeded the call to identify themselves were executed.
36
On the request of the Appellant Nuon Chea, the Supreme Court Chamber summoned Sam Sithy to give oral testimony in the appeal proceedings in Case 002/01 on 3 July 2015,
37
and found him to be neither credible nor reliable.
38
The Supreme Court Chamber found that the witness in his oral testimony largely confirmed the account he gave during his witness statement.
39
Nevertheless, the Chamber was not convinced of the credibility and reliability of his testimony on the execution that allegedly had occurred.
40
It found that the account of the deaths was implausible, considering factors such as his age,
41
that he and family members apparently survived unharmed,
42
his inability to explain details of the events preceding the execution,
43
and that he could not name any other victim, alive or dead.
44
Overall, however, the Supreme Court Chamber was satisfied that the Trial Chamber reasonably found that Khmer Republic soldiers and officials who had heeded calls to identify themselves had been killed.
45
Videos
