Nuon Chea

Nuon Chea (his name at birth was Lao Kim Lorn) studied law at Bangkok's prestigious Thammasat University, where he became a member of the Thai Communist Party.

Appointed Deputy Secretary of the CPK in 1960, he retained this position and his membership in the CPK’s Standing Committee throughout the period of Democratic Kampuchea.

He remained with the Khmer Rouge until reaching a deal with the Cambodian government in December 1998 that allowed him to live near the Thai border.

Photo


Alias
Brother Number Two
Date of Birth
Place of Birth
Voat Kor village, Battambang province
Arrested Date
Defence counsel
Son Arun (Cambodia) and Ms. Doreen Chen (Australia)
Position in Democratic Kampuchea

Deputy Secretary of the Communist Party of Kampuchea, member of the Standing Committee and Central Committee of Communist Party of Kampuchea, Chairman of the Democratic Kampuchea People’s Assembly.

According to the Closing Order, Nuon Chea was allegedly also a member of the Military Committee of the Central Committee, however he disputes that he was had been a member of said committee.

Status of case

Nuon Chea 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 Nuon Chea have been separated (severed) into two trials (Case 002/01 and Case 002/02).

The initial hearing in Case 002/01 was held from 27-30 June 2011,  the substantive part of the trial  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.

Nuon Chea 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 Nuon Chea 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 NUON Chea of genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949.

Key allegations

Nuon Chea 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
Notice of deficient filing E467/4
Annex - Form 7: Request for Engagement/Assignment of Co-Lawyers E464.1
Response to the Tuol Sleng Museum Office Chiefs letter dated 2 April 2019 E443/15
Reponse to the Trial Chamber memo entitled "Confidential documents in Case 002/02 judgement proposed for reclassification to public" E467/5
Annex: List of the Pre-Trial Chamber decisions in Case 002, which are currently public redacted E467/5.1
Trial Chamber memorandum to RAU regarding state of Walter Heynowski materials E443/13
Civil Party Lead Co-Lawyers’ comments and objections regarding the Trial Chamber Memorandum entitled “Confidential documents in Case 002/02 judgement proposed for reclassification to public” E467/2
Decision on NUON Chea And KHIEU Samphân’s Requests for Extensions of Time and Page Limits on Notices of Appeal F43
Table of authorities for Civil Party Lead Co-Lawyers Response to Defence Requests for Extensions of Time and Page Limits F42.1
Civil Party Lead Co-Lawyers Response to Defence Requests for Extensions of Time and Page Limits F42
Nuon Chea’s Rresponse to the Proposed Transfer of Evidentiary Material to the Tuol Sleng Museum E443/12/1
Table of authorities for Nuon Chea’s Rresponse to the Proposed Transfer of Evidentiary Material to the Tuol Sleng Museum E443/12/1.1
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
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
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
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
Co-Prosecutors’ Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal F41
Attachment 1: Letter from Nuon Chea to Trial Chamber President E465/1.1.1
Nuon Chea's letter authorising his lawyers to file an appeal against the case 002/02 judgement E465/1

PRE-TRIAL CHAMBER TO HEAR ARGUMENTS OF PARTIES IN CASE 004/2

The Pre-Trial Chamber has decided that a hearing will be held in Case 004/2 to hear the arguments of the Parties before it issues its decision on the Appeals.

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