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
Authority 6: Prosecutor v Karadzić, MICT-13-55-A, Decision on a Motion for a Further Extension of Time to File a Notice of Appeal, 15 June 2016, p. 3-4 F41.1.6
KHIEU Samphan, "Consideration on the history of Cambodia from Early stage to the Period of Democratic Kampuchea", Reahu, 10-2007 E3/16
Co-Prosecutors’ Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal F41
Authority 4: International Criminal Court, Regulations of the Court (adopted 26 May 2004), regulation 58(5) F41.1.4
Authority 9: Prosecutor v Taylor, SCSL-03-01-A, Decision on Defence Motion for Extension of Time to File Notice of Appeal, 20 June 2012, pp. 2-3 F41.1.9
Authority 2: International Criminal Tribunal for Rwanda, Rules of Procedure and Evidence (rev. 13 May 2015), rule 108 F41.1.2
Authority 7: Prosecutor v Karadžić, MICT-13-55-A, Decision on Motion for Extension of Time to File Notice of Appeal, 21 April 2016, p. 2 F41.1.7
Table of authorities for Co-Prosecutors’ Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal F41.1
Authority 5: Prosecutor v Hartmann, IT-02-54-R77.5-A, Decision on Motions to Strike and Request to Exceed Word Limit, 6 November 2009, para. 14 F41.1.5
KHIEU Samphan Defence Request for Extension of Time and Number of Pages to File Notice of Appeal F39/1.1
Authority 3: Special Court for Sierra Leone, Practice Direction on dealing with Documents in The Hague Sub-Office (amended 25 April 2008), article 6(E)(i) F41.1.3
Authority 8: Prosecutor v Mladić, MICT-13-56-A, Decision on Motion for Extension of Time to File Notice of Appeal, 21 December 2017, p. 2 F41.1.8
Authority 1: International Criminal Tribunal for the Former Yugoslavia, Rules of Procedure and Evidence (rev. 8 July 2015), rule 108 F41.1.1
Confidential documents in Case 002/02 judgment proposed for reclassification to public E467
Annex C: Documents filed by or before the OCIJ during the judicial investigation in Case 002 E467/3
Annex A: Evidence filed during trial proceedings in Case 002/02 E467/1
Annex D: Documents relating to victims who are no longer civil parties in Case 002 E467/4
Annex B: Trial Chamber decisions and related Case 002 filings E467/2
Order Designating Reserve Judge to Replace Sitting Judge E466
KHIEU Samphan’s Closing Brief (002/02) E457/6/4/1
Decision on Khieu Samphân’s Urgent Appeal Against the Summary of Judgement Pronounced on 16 November 2018 E463/1/3
Attachment 2: Courriel de Mme Nisha PATEL à la Défense du 19 décembre 2018 à 12h49 intitulé « RE: Votre réponse à notre appel (E463/1/2) en khmer », envoyé 42 minutes après la demande de la Défense E463_1_2_1.1.2
DECISION ON THE NUON CHEA INTERNAL RULE 87 REQUEST TO ADMIT DOCUMENTS RELATED TO ROBERT LEMKIN TCW 877 AND ON Two RELATED INTERNAL RULE 93 REQUESTS E416/4
DSS letter regarding termination of Victor Koppe's legal services contract to represent Mr. Nuon Chea at the ECCC E378/8/14
Authority 4: Special Tribunal for Lebanon, Rules of Procedure and Evidence, Revision 9, 3 April 2017, Rule 168(A)-(B) E463/1/2.1.4

PRESS STATEMENT BY THE DEFENCE SUPPORT SECTION

The Defence Support Section (“DSS”) of the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) has assigned Ms.

SUMMARY OF JUDGEMENT IN CASE 002/02

The following is a summary of the Trial Chamber’s Judgement in Case 002/02.

PRESS BRIEFING ON THE UPCOMING JUDGEMENT IN CASE 002/02 AGAINST NUON CHEA AND KHIEU SAMPHAN

In advance of the Trial Chamber’s pronouncement on 16 November 2018 of a summary of the findings and the disposition of the Judgement for Case 002/02 concerning the Accused NUON Chea and KHIEU Samp

Media Alert: Access for public and media accreditation to Case 002/02 judgement

The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) notified the Parties that pursuant to Inte