Khieu Samphan

Khieu Samphan received a bursary to study in France in 1955 and published his doctoral dissertation “Cambodia's economy and industrial development”.

Upon his return to Cambodia, Khieu Samphan became a professor before being appointed Secretary of State for Trade in Sihanouk’s regime in 1962.

Under threat from Sihanouk’s security forces, he allegedly went into hiding in 1967 and reemerged within the Khmer Rouge resistance in the early 1970s.

In 1976 he was appointed Democratic Kampuchea’s Head of State. He succeeded Pol Pot after the latter retired as the official head of the Khmer Rouge in 1987, and represented Democratic Kampuchea at the 1989 International Conference on Cambodia in Paris.

After pledging allegiance to the Cambodian government in 1998, he left the Khmer Rouge and lived in the north-western province of Pailin until being arrested in placed in provisional detention at the ECCC in November 2007.

Photo


Alias
Hem
Date of Birth
Place of Birth
Svay Rieng
Arrested Date
Defence counsel
Mr. Kong Sam Onn (Cambodia), Mr. Arthur Vercken (France), Ms. Anta Guisse (France)
Position in Democratic Kampuchea

Head of State (Chairman of the State Presidium) of Democratic Kampuchea.

Status of case

Khieu Samphan has been indicted and sent to trial for Crimes against Humanity, Grave Breaches of the Geneva Conventions of 1949 and Genocide, offences which are defined and punishable under Articles 4,5, 6, 29 (New) and 39 (New) of the Law on the Establishment of the Extraordinary Chambers as amended on 27 October 2004.

The charges against Khieu Samphan have been separated (severed) into two trials (Case 002/01 and case 002/02).

The initial hearing in the trial was held 27-30 June 2011, and the substantive part of the trial in Case 002/01 commenced with opening statements on 21 November 2011, and ended with final statements on 31 October 2013. The trial judgment was pronounced on 7 August 2014.

Khieu Samphan was found guilty of crimes against humanity and sentenced to life imprisonment. On 23 November 2016, the Supreme Court Chamber quashed part of the convictions but affirmed life imprisonment for Khieu Samphan in Case 002/01. 

Trial hearings in Case 002/02 commenced on 17 October 2014. The presentation of evidence started on 8 January 2015 and concluded on 11 January 2017.

Closing statements were held from 13 -23 June 2017. The trial judgment in Case 002/02 is expected in the second quarter of 2018. 

On 16 November 2018, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) convicted KHIEU Samphan of genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949.

Key allegations

Khieu Samphan is alleged to be responsible, through his acts or omissions (committed via a joint criminal enterprise), for having planned, instigated, ordered, or aided and abetted, or being responsible by virtue of superior responsibility, for the following crimes committed between 17 April 1975 and 6 January 1979: 

  • Crimes against humanity (murder, extermination, enslavement, deportation imprisonment, torture, persecution on political, racial, and religious grounds and other inhumane acts)
  • Genocide, by killing members of the groups of Vietnamese and Cham 
  • Grave breaches of the Geneva Conventions of 1949 (wilful killing, torture or inhumane treatment, wilfully causing great suffering or serious injury to body or health, wilfully depriving a prisoner of war or civilian the rights of fair and regular trial, unlawful deportation or unlawful confinement of a civilian)
Case No. Case 002Case 002/01Case 002/02
Date
Civil party lead co-lawyers’ submissions relating to Khieu Samphân’s response to the co-prosecutors’ appeal F50/1/1
Table of authorities for Civil party lead co-lawyers’ submissions relating to Khieu Samphân’s response to the co-prosecutors’ appeal F50/1/1.1
Table des sources de Réponse de la Défense de KHIEU Samphân à l’appel de l’Accusation (002/02) F50/1.1
Decision on Khieu Samphân's request for extensions of time and page limits for filing his appeal brief F49
Authority 4: The Prosecutor v. Bemba Gombo, ICC-01/05-01/08 A, Appeals Chamber, Judgment on the Appeal of Mr Jean-Pierre Bemba Gombo Against Trial Chamber III’s “Judgment pursuant to Article 74 of the Statute”, 8 June 2018 (“Bemba AJ”), para. 52 F50.1.4
Authority 9: Prosecutor v. Delalić et al., IT-96-21-T, Trial Chamber, Judgement, 16 November 1998 (“Čelebići TJ”), paras 1024-1026, 1065-1066 F50.1.9
KHIEU Samphan Defence’s Response to the Prosecution’s Amendment of the Request Concerning Its Response to the Defence’s Appeal Brief F48/1
Authority 2: Case 001-E188 Judgement, 26 July 2010 (“Duch TJ”), paras 361-362, 367 F50.1.2
Authority 7: Prosecutor v. Brđanin, IT-99-36-T, Trial Chamber, Judgement, 1 September 2004 (“Brđanin TJ”), paras 1012-1013 F50.1.7
Authority 12: Prosecutor v. Gotovina and Markač, IT-06-90-A, Appeals Chamber, Judgement, 16 November 2012 (“Gotovina & Markač AJ”), para. 61 F50.1.12
Table of authorities for Co-Prosecutors’ Appeal Against the Case 002/02 Trial Judgment F50.1
Authority 5: The Prosecutor v. Katanga and Chui, ICC-01/04-01/07, Pre-Trial Chamber, Decision on the Confirmation of Charges, 30 September 2008 (“Katanga & Chui Confirmation of Charges Decision”), paras 373-376 F50.1.5
Authority 10: Prosecutor v. Đorđević, IT-05-87/1-A, Appeals Chamber, Judgement, 27 January 2014 (“Đorđević AJ,”), paras 850-852 F50.1.10
Authority 3: Instructions for the Government of Armies of the United States in the Field (Lieber Code), 24 April 1863 (“Lieber Code”), art. 44 F50.1.3
Authority 14: Prosecutor v. Haradinaj, IT-04-84-T, Trial Chamber, Judgement, 3 April 2008, (“Haradinaj TJ”), para. 170 F50.1.14
Authority 1: Case 001-F28 Appeal Judgement, 3 February 2012 (“Duch AJ”), paras 14, 16-19, 183, 213 F50.1.1
Authority 6: Prosecutor v. Blaškić, IT-95-14-T, Trial Chamber, Judgement, 3 March 2000 (“Blaskić TJ”), para. 716 F50.1.6
Authority 11: Prosecutor v. Furundžija, IT-95-17/1-T, Trial Chamber, Judgement, 10 December 1998 (“Furundžija TJ”), paras 177, 183 F50.1.11
Co-Prosecutors’ Appeal Against the Case 002/02 Trial Judgment F50
Authority 8: Prosecutor v. Delalić et al., IT-96-21-A, Appeals Chamber, Judgement, 20 February 2001 (“Čelebići AJ”), paras 426-427 F50.1.8
Authority 3: Prosecutor v Karadžić, MICT-13-55-A, Decision on Renewed Prosecution Motion for an Extension of Time to File the Response Briefs, 9 January 2017 F48.1.3
Authority 1: International Residual Mechanism for Criminal Tribunals, Practice Direction on Lengths of Briefs and Motions (rev. 20 February 2019) F48.1.1
Co-prosecutors’ amendment of request for additional time and pages for appeal response brief F48
Authority 4: Prosecutor v Jean-Pierre Bemba, ICC-01/05-01/08 A, Decision on Mr Bemba’s Request for an Extension of Page Limit for his Document in Support of the Appeal, 11 July 2016 F48.1.4
Authority 2: International Criminal Court, Regulations of the Court, 26 May 2004, F48.1.2

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