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), Ms. Anta Guisse (France)
Alleged 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 indictment 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)
Cases Case 002Case 002/01Case 002/02
Date
Second Decision on the Release and Notification of Documents Reclassified as “Public” with Redaction in Case File 002 F90
First Decision on the Release and Notification of Documents Reclassified as “Public” with Redaction in Case File 002 F89
Supreme Court Chamber Memorandum entitled "Decision on the Release and Notification of Documents Declassified as “Public” without Redaction in Case File 002" F88
Memorandum entitled "Response to the Request to Transfer the Exhibits Used by the ECCC in the Proceeding of Case 002/02 to the Tuol Sleng Museum" F87
Document Delivery Note and Document Lists F78/2/2
Response to Observations filed by Co-Counsel for KHIEU Samphân Following his Transfer to KANDAL Provincial Prisons and Office of Administration’s Response dated 23 February 2022 F83/2
Civil party lead co-lawyers’ final report on reparations in case 002/02 with confidential annexes F84
Civil party lead co-lawyers’ final report on reparations in case 002/02 With confidential annexes List of annexes F84.1
ORDER TO THE RECORDS AND ARCHIVES UNIT FOR RECLASSIFICATION OF DOCUMENTS ON CASE FILE 002 F71/1/1/9
Table of authorities for Co-prosecutors’ response to Khieu Samphan’s observations following his transfer to Kandal provincial prison F83/1.1
Co-prosecutors’ response to Khieu Samphan’s observations following his transfer to kandal provincial prison F83/1
Decision on guidelines for reclassification of documents on case file 002 F71/1/1/8
[REDACTED]Co-Prosecutors’ Observations on Conditions of Service of Sentence F81
Table of authorities for Request for Enforcement of Sentence F80.1
Request for Enforcement of Sentence F80
Appeal Judgment F76
Decision on Khieu Samphân’s request for information from the Co-Prosecutors on planned detention conditions F77/1/1
Response to the Office of Administration’s Memorandum concerning the Disclosure of Documents to Third Party or Parties dated 17 October 2022 F78
Office of Administration’s Memorandum concerning the Disclosure of Documents to Third Party or Parties F78.1
Transcript of appeal hearing case 002/2 on 22 September 2022 F1/13.1
Summary of Supreme Court Chamber Judgement on Appeals in Case 002/02 F76.1
Order Designating Reserve Judge to Replace Sitting Judge F73
Response to the Supreme Court Chamber’s “Review of Confidential and Strictly Confidential Documents on Case File 002” F71/1/1/7
Co-Prosecutors’ Response to the Supreme Court Chamber’s Request for Submissions regarding Reclassification F71/1/1/4
Response to the Supreme Court Chamber’s “Review of Confidential and Strictly Confidential Documents on Case File 002” F71/1/1/6