Case 002 Witnesses, experts and Civil Parties

Mr. CHHANG is the Director of the Documentation center of Cambodia (DC-CAM).

Ms Prak Yut, 67, became a district secretary of Kampong Cham in 1977. She testified about her experiences as a mid-level Khmer Rouge official, answering questions about the chain of com-mand within the ranks of KR officials, the issuing of reports to the upper echelons and her knowledge of education and security centers.

Mr. VANTHAN is the Deputy Director of the Documentation Center of Cambodia (DC-CAM).

Mr. Long is a resident of Malai in Battambang province. He told the court that he used the work in the Ministry of Foreign Affairs after the fall of Phnom Penh. He testified via video link.

Pastor Christopher Lapel was called as a witness to testify on the character of the Accused and more specifically, on the significance and sincerity of the Accused’s religious faith.

Pastor Lapel first met the Accused under the name of Hang Pin in December 1995 at Chamkar Samraong, Battambang, when the Accused joined his church. The Accused was baptised on 6 January 1996 and after a two-week course, returned to his home area to serve as a lay pastor of a community comprising fourteen families. According to Pastor Lapel, the Accused converted of his own free will. He told the Trial Chamber that his baptism had changed the Accused from a sad man living without peace, joy, or purpose in life to "a man with a serving heart", who cared about "shar[ing] the word of God".

Pastor Lapel only learnt of the Accused's past in April 1999 when he was phoned by an AP journalist from Bangkok. The Accused had never shared his past with him. He had only told Pastor Lapel that he had sinned to such an extent that he could not think he could be forgiven. Pastor Lapel was surprised to learn that the Accused had been the Chairman of S-21, but at the same time he was "rejoiced [Ö] to see a man that God [Ö] change[d] from a killer to a believer". Pastor Lapel himself lost close friends at S-21, but told the Chamber that as a "true believer" he had forgiven the Accused and was able to find peace and joy through this act of forgiveness: "I love [him], I hate what [he] has done. [Ö] I hate sin, not the sinners".

Hun Smirn was called as a witness to testify on the character of the Accused.

Hun Smirn knew the Accused as Hang Pin from October 1996 to late February or early March 1997, when the Accused was assigned to work as a French teacher under his supervision at Phkoam High School. In February or March 1997, the Accused disappeared without any notice. It is only later that Hun Smirn, then director of Phkoam High School, learned that he had left for Samlaut.

As a character witness, Hun Smirn described the Accused as a generous, kind, and friendly teacher. The Accused was liked by everyone and entertained good relationships with staff, students, and school management. He was also solitary, quiet, and always seen reading his books alone after work. Hun Smirn recounted that his work was excellent and that he was always punctual and very attentive. This earned him the nickname "Kru Ta" or "grandfather teacher" from the students.

Hun Smirn told the Trial Chamber that he only learned of Hang Pinís criminal past at the time of his arrest in 1999 and was extremely surprised to learn this, stating, "Even today, it is extremely hard for me to take it that he was involved with so serious crimes in comparison to his teaching career at my school. It was a complete opposite. In his teaching career, he was so perfect". 

Peng Poan was called as a witness to testify on the character of the Accused.

Peng Poan knew the Accused as Hang Pin when he worked under this name as a teacher at Phkoam High School during the school years 1993 to 1995. The Accused was first recruited as a voluntary teacher in chemistry and physics for grades 7 and 8 before being officially recruited in late 1995. When the Accused was transferred to the district educational department after the robbery at his house, Peng Poan lost track of him.

As a character witness, Peng Poan described the Accused as a gentle and quiet person. According to him, the Accused did not show any signs of abnormality. He told the Chamber that the Accused was a remarkable teacher and loved by many students. They called him "Grandfather Teacher" in appreciation of his talent.

Peng Poan only learned that the Accused was the former Chairman of S-21 through a broadcast at the time of his arrest. He told the Trial Chamber that he was very shocked when he learned this news because he remembered the Accused as a normal teacher.

Ms. Sou Sath was called as a witness to testify on the character of the Accused.

Sou Sath was a classmate of the Accused at Kampong Thom High School during the school years 1959 to 1961.The two were in the same study group.

As a character witness, Sou Sath described the Accused as a person of good character, a loyal, kind, generous, humble, and docile student. She told the Trial Chamber how she had noticed him because unlike others in the study class, the Accused would never conceal his knowledge, but would always be eager to share it with others. She further described him as a good and punctual student who was respectful to his teachers and supported others in their study, but who did not have many friends.

Sou Sath told the Trial Chamber that she could not have imagined that he would one day become Chairman of S-21. She learned this from the book The Lost Executioner, a reading which stunned and terrorized her.

Sou Sath asked permission to pay a short visit to the Accused after her testimony.

Tep Sok was called as a witness to testify on the character of the Accused.    

Tep Sok was a student of the Accused at Skun Junior High School in Kampong Cham during the school years 1966 to 1968.

As a character witness, Tep Sok described the Accused in those years as being a kind, gentle, and meticulous teacher. He was appreciated by all of his students. He did not have any bad habits and liked to present himself as such. As a teacher, the Accused would treat all students equally. Tep Sok recounted that he gave school supplies and private lessons free of charge to disadvantaged students including himself and that the Accused offered accommodation to poor students. The Accused also established a cooperative for students to be able to purchase school supplies at a cheap price. Tep Sok told the Trial Chamber that he believed it was in part thanks to the Accused that he was able to become a teacher himself and later a school principal.

Tep Sok learned about the role of the Accused under the Khmer Rouge regime only at the time of his arrest. He stated that he felt "regretful that such a man of virtue had become a criminal".

Chou Vin was called as a witness to testify on the character of the Accused.

Chou Vin knew the Accused as Hang Pin from 1995 to 1997 when both were teachers at Phkoam High School in Svay Chek district. After the robbery at the house of the Accused during which his wife was killed, Chou Vin permitted him to stay at the educational department. The Accused then worked as personal assistant to him.

As a character witness, Chou Vin described the Accused as being a friendly, humble, hard-working, and meticulous teacher. Because he quickly became known as the best-educated and most experienced teacher in the school, the Accused was called "Kru Ta" or "grandfather teacher". He was appreciated by teachers and students alike.

Chou Vin told the Trial Chamber that he only learned of the criminal past of the Accused at the time of his arrest. He recounted that he was surprised to learn that the Accused held a senior position under the Khmer Rouge regime, as he had known him as an "elder, respectful person". The Accused had concealed his past from him and had stated in his application that he had worked on school curricula during Democratic Kampuchea.

Tep Sem was called as a witness to testify on the character of the Accused.

Tep Sem was a student of the Accused at Skun Junior High School in Kampong Cham during the school years 1965 to 1968. The Accused alternately taught his class mathematics, geometry, and Khmer literature.

As a character witness, Tep Sem described the Accused as a remarkable teacher who was humble, punctual, and gentle. He was attentive towards his students and this earned their respect. Tep Sem told the Trial Chamber that the Accused gave free individual lessons to disadvantaged students and treated students as equals. He recounted how at the end of class the Accused would briefly introduce communist ideology to his students, but would never explicitly encourage them to join the movement.

Ms. Bou Thon was called as a witness to testify on the functioning of S-24.

She lived in Phnom Penh with her husband Phok Horn and their children when the Khmer Rouge seized control of the city. They were relocated to Phnom Penh Thmei. Her husband was "introduced to the revolution" by Kuy Thuon, Chief of the North Zone. Phok Horn was assigned to work at the Ministry of Energy as a driver for a fuel tanker, while Bou Thon worked as a cook. Three of her children were taken away to work in a mobile work unit and never returned. In 1977 her husband was arrested and disappeared. She later learned that he was transferred to S-21 and killed there. She was taken with her baby to Anlong Kong village, a component of S-24.

As a witness, Ms. Bou Thon described the detention conditions at S-24. She was not free to talk to other people and was too frightened to complain about issues such as the adequacy of food or health care. Although the prisoners harvested rice and vegetables in abundance, they were not permitted to eat the produce. She was obliged to work long hours and was shut in at night. She described her conditions as being "like a prison without walls". Bou Thon also testified as to the mistreatment she endured there. She was beaten, resulting in facial scarring, and felt "dehumanized because my life was in the hands of them and they could make any decision to kill me any time they wished to do so".

Ms. Bou Thon told the Trial Chamber that she came to testify as a witness in order to find justice for her husband and her children. She described how difficult it was for her to move on and forget.

Mr. Saom Met was called as a witness to testify on the functioning of S-21.

Saom Met joined the Khmer Rouge revolution in early 1973, first as a militia member and then as a soldier. After the Khmer Rouge victory, he was trained for eight months to become a messenger. He first worked as a guard in the general staff prison Dam Pheng before being sent to S-21 in 1977. There he was one of twenty guards in the special prison guard unit under the supervision of Him Huy, Sry, and Chamroeun. In late 1978 shortly after his brother had been arrested and sent to S-21, Saom Met was transferred to S-24 without knowing whether or not he was considered a detainee. There he built dykes and canals.

As a witness, Saom Met told the Trial Chamber that the special prison detained senior cadres, sector or zone cadres, and regiment or brigade commanders. The approximately 100 prisoners were shackled and detained in separated cells, each guarded individually. After 20 to 30 days of interrogation, they would be taken away and never returned. Saom Met witnessed the Accused repeatedly visiting the prison. He also told the Chamber that he once saw the Accused beating a prisoner on the back with a stick. He described the interrogation methods that he witnessed. Saom Met recounted that the guards were terrified when they witnessed such serious torture inflicted upon the detainees. The guards lived in constant fear of being detained and executed themselves and trusted no one.

Saom Met told the Trial Chamber that he was not happy with his work as an S-21 guard because people were arrested and killed. However, he could not display his emotions for fear of arrest.

Chhun Phal was called as a witness to testify on the functioning of S-21.

Chhun Phal joined the Khmer Rouge movement after 17 April 1975. He was sent to attend a military training in Ta Khmau before being assigned to S-24 at the age of 15 to work in the rice fields and dig canals. Early 1976 to the end of 1978, Chhun Phal was assigned as a guard of building number 2 at S-21. His orders were to guard the prisoners and prohibit them from escaping or committing suicides.

As a witness, Chhun Phal described the detention conditions at the S-21 building he guarded, as well as the working conditions as an S-21 guard. He recalled having seen Vietnamese prisoners of war, female prisoners, and foreign prisoners. He told the Trial Chamber that he did not know the Accused as the Chairman of S-21 and had never seen him there. He recounted being sent to do farming at Choeung Ek and once to dig pits and bury dead bodies.

A lawyer assisted Chhun Phal in case an issue of self-incrimination arose. 

Cheam Soeur was called as a witness to testify on the functioning of S-21.

Chiem Suor was forced to join the Khmer Rouge army in 1973 to work in a local militia at the age of 12. In 1975, he was sent to military training in Preaek Hour, Ta Khmau, before being assigned to work as an outside guard at S-21 under the supervision of Hong and later Peng. As a witness, Chiem Suor described the working conditions as a warder in S-21. He worked for 12 hours per night and had to attend self-criticism meetings every three or seven days. While on guard duty, Chiem Suor recalled hearing vehicles entering S-21 once every three or four days and also hearing the screams of detainees who were tortured. He recounted an incident when he saw a foreign prisoner being burnt alive with car tyres within the S-21 compound. Chiem Suor told the Trial Chamber that he was afraid during his time as a guard at S-21: "I was afraid because I did not know whether I was making mistakes. I was afraid of being arrested like the others". Chiem Suor had learnt that his supervisor Hong was arrested and jailed at S-21. He identified Duch as "the big boss, supervising or administering all the units at S-21", and saw him at S-21 while working as a guard there. 

A lawyer assisted Chiem Suor in case an issue of self-incrimination arose.  

Chiem Suor was called as a witness to testify on the functioning of S-21.

Chiem Suor was forced to join the Khmer Rouge army in 1973 to work in a local militia at the age of 12. In 1975, he was sent to military training in Preaek Hour, Ta Khmau, before being assigned to work as an outside guard at S-21 under the supervision of Hong and later Peng.

As a witness, Chiem Suor described the working conditions as a warder in S-21. He worked for 12 hours per night and had to attend self-criticism meetings every three or seven days. While on guard duty, Chiem Suor recalled hearing vehicles entering S-21 once every three or four days and also hearing the screams of detainees who were tortured. He recounted an incident when he saw a foreign prisoner being burnt alive with car tyres within the S-21 compound. Chiem Suor told the Trial Chamber that he was afraid during his time as a guard at S-21: "I was afraid because I did not know whether I was making mistakes. I was afraid of being arrested like the others". Chiem Suor had learnt that his supervisor Hong was arrested and jailed at S-21. He identified Duch as "the big boss, supervising or administering all the units at S-21", and saw him at S-21 while working as a guard there.

A lawyer assisted Chiem Suor in case an issue of self-incrimination arose. 

Lach Mean was called as a witness to testify on the functioning of S-21.

Lach Mean was recruited as a Khmer Rouge militia member in 1974 before becoming a soldier. In 1975, he was sent for training at the military technical school at Ta Khmau. He was then assigned to work as a guard at Ta Khmau prison and later on at Dam Pheng prison in Phnom Penh. When this prison was relocated to S-21, he worked there as a guard and typist. In late 1978 he as transferred to the interrogation unit where he received training under the supervision of Kak.

As a witness, Lach Mean described the working conditions at S-21, reporting that S-21 staff disappeared on a regular basis. He described the detention conditions as well as the interrogation sessions, which aimed to extract information from the prisoners and identify their networks. His training to become an interrogator consisted of observing his supervisor interrogate detainees. He told the Trial Chamber that he was only assigned to interrogate ordinary detainees and was not permitted to inflict torture upon them. He acknowledged before the Chamber that he personally interrogated only three to four detainees. He testified on the torture methods used at S-21, such as beating prisoners with a guava tree stick and applying electroshocks to their ears. As an interrogator at S-21, he recalled meeting the Accused on a daily basis.

A lawyer assisted Lach Mean in case an issue of self-incrimination arose.

Sek Dan was called as a witness to testify on the functioning of S-21.

At age 11, Sek Dan was conscripted by Khmer Rouge militia and sent to the technical school Prek Thnaot in Phnom Penh for three months of training. After having worked in a child unit assigned to build dykes near Phnom Penh, Sek Dan was sent to S-21 where he stayed until the Vietnamese seized Phnom Penh in January 1979. There he was assigned to work as a child medic with three others in Building 3 under the supervision of Pao and Yeun.

As a witness, Sek Dan described the medical situation of the detainees resulting from the interrogation sessions: they were wounded, their fingernails or toenails were missing, and they had lesions on the ears. The medicine distributed to the detainees mainly consisted of "rabbit pellets", which were produced only after 1975. He recalled hearing screams at night and witnessing the disappearance of prisoners. Some detainees died due to illnesses and he and the other medics were assigned to bury them near the S-21 compound. Sek Dan told the Trial Chamber that he was extremely worried at the time that he would be taken away himself to be killed. His supervisor Pao had been arrested on the allegation of killing a detainee. Following this, Sek Danís second supervisor Yeun hanged himself in fear of being arrested.

A lawyer assisted Sek Dan in case an issue of self-incrimination arose.

Mr. Suos Thy was called as a witness to testify on the functioning of S-21.

Mr. Suos Thy joined the Khmer Rouge army in late 1971 following the appeal of Prince Sihanouk. In late 1975, he was asked by Hor to join the staff of PJ prison and take care of the prisonersí records. When the prison was relocated to S-21, Suos Thy was assigned to the guards unit. He was in charge of the lists of detainees and worked at S-21 until the Vietnamese army arrived in Phnom Penh.

As a witness, Suos Thy described the structure of S-21. He told the Trial Chamber that there were three branches at S-21: S-21A or the "interrogation unit", S-21B or the "guards unit", and S-21D or S-24. He explained the processing of incoming and outgoing prisoners and the differing procedures for children, prisoners brought en masse, and former S-21 staff detained at S-21. Suos Thy was in charge of updating the lists and recording the deaths of prisoners due to illness or starvation as well as the lists of prisoners "to be smashed". He recalled seeing lists of prisoners requested by the medical unit to "have their blood drawn"; all of them died.

Suos Thy told the Trial Chamber that he clearly identified Duch as S-21 Director, however he was not in contact with him directly. Orders were relayed to him through Hor. He recounted hating his work at S-21, during which fear was "always with him". Nowadays, he said he felt remorse and pity toward the prisoners arrested and killed at S-21.

A lawyer assisted Suos Thy in case an issue of self-incrimination arose.

Mr. Kok Sros was called as a witness to testify on the functioning of S-21.

Kok Sros joined the Khmer Rouge revolution as a combatant in late 1973. After 17 April 1975, he worked as a guard in Ta Khmau prison, also known as the psychiatric hospital. In late 1975, he was assigned to work at S-21, again as a guard. About a fortnight before the Vietnamese army arrived in Phnom Penh, Kok Sros was sent to work in rice fields south of S-24.

As a witness, Kok Sros identified Duch as the Chairman of S-21 and said that he was called "Ta Duch" or Grandfather Duch at that time.

He described the detention conditions at S-21, saying that no detainee was allowed to leave S-21 alive. He recalled the screams of prisoners during interrogations. He recounted how prisoners would ask him and other guards the reasons for their arrest and detention at S-21, stating, "I just told them I did not know anything. It was the Angkar who arrested them and sent them here and I was in charge of [Ö] patrolling the location". Kok Sros also described his work as a guard at S-21, recounting the arrests of two members of his group. He told the Trial Chamber that the suffering of S-21 staff was "tremendous": "Every one of us suffered and we had no choice, we could not escape, and we had to work. Only time would tell". In his unit, only two of the guards he knew survived.

A lawyer assisted Kok Sros in case an issue of self-incrimination arose.

Mr. Prak Khan was called as a witness to testify on the functioning of S-21.

Mr. Prak Khan joined the Khmer Rouge in 1972. He worked in a farming unit before being transferred to Division 703. After participating in the capture of Phnom Penh, he was assigned to work in the S-24 rice fields. In late 1975 or early 1976, he was sent to S-21 to work as a guard outside the S-21 compound. In late 1976, Prak Khan was assigned to work as an interrogator in the so-called "chewing" group.

As a witness, Mr. Prak Khan testified on interrogations at S-21. He confirmed that there were three groups of interrogators: the "cold", the "hot", and the "chewing group". They were explicitly instructed by the Accused to torture the detainees without causing their death. Prak Khan also stated that torture could only be inflicted if Duch had ordered it. He described the training he received as an interrogator during the frequent study sessions in the "Duch political school". There the Accused would teach torture techniques and the political line of the Communist Party of Kampuchea. However, Mr. Prak Khan told the Trial Chamber that he "did not take part in torture". He also addressed the practice of drawing blood at S-21, which he claimed to have personally witnessed. He described the Accused as a "studious person, enthusiastic in his work" and always meticulous.

A lawyer assisted Mr. Prak Khan in case an issue of self-incrimination arose. The Judges highlighted several contradictions between previous statements and his testimony.

Mr. Him Huy was called as a witness to testify on the functioning of S-21.

A Khmer rouge soldier since 1972 or 1973, Him Huy started to work at S-21 as a guard in late 1976. There he became part of the special unit operating under the defence unit and was responsible for the arrest and transfer of detainees. With the intensification of internal purges at S-21, he was promoted to Deputy Chief of the special unit in charge of security matters at S-21 in 1977. He claims that he was transferred to build dykes in the rice fields at Prey Sar in 1978.

As a witness, Him Huy mainly testified on the arrests procedure at S-21, including the arrest of S-21 personnel, the detention conditions, and the executions of S-21 prisoners. He told the Trial Chamber that he was in charge of the transport of detainees to Choeung Ek where executions took place beginning in 1977, but that he had himself only executed one prisoner there.

Him Huy also addressed the role of the Accused at S-21. He stated that "Duch was the only one to give orders" at S-21, and that he was scared of him: "Frankly, when I see him, it reminds me of the moment I had worked with him. I did not dare to look at him [Ö] and even now, Iím fearful of him". He recounted how S-21 personnel were put "on high alert" once purges inside the prison had begun.

A lawyer assisted Him Huy in case an issue of self-incrimination arose. However, Him Huy did not invoke his right to remain silent.

Mr. Mam Nai was called as a witness to testify on M-13 and the functioning of S-21. He was the former head of the interrogation unit at S-21.

Mr. Mam Nai, a teacher and school director, was arrested by the Sihanouk government before 1970 for being associated with the Khmer Rouge. He was detained for two years in the same cell as the Accused. After his release, Mam Nai joined the Communist Party of Kampuchea in 1973. He arrived at M-13 two years after its establishment. He told the Trial Chamber that at M-13, he was assigned to plant potatoes and to interrogate "less important" detainees. He recalled being trained as an interrogator by observing the Accused conduct interrogations. At S-21, he described his role as being that of a "plain and simple interrogation cadre", entrusted with the primary task of interrogating "low ranking cadres". He maintained that he deliberately avoided resorting to torture during interrogations. He told the Trial Chamber that his survival was only due to the fact that he remained "blind and deaf" to everything except his work. When asked about the structure of S-21 or its compound, he invoked a failing memory and his allegedly unimportant role at S-21 to explain his lack of knowledge.

A lawyer assisted Mr. Mam Nai in case an issue of self-incrimination arose. Mam Nai himself repeatedly invoked his right against self-incrimination during the course of his testimony, notably when confronted with the discrepancy between his statements to the Co-Investigating Judges and his testimony before the Trial Chamber.

Mr. Norng Chanphal was called to testify as a witness on the functioning of S-21.

After the Khmer Rouge seized power in 1975, Norng Chanphal lived with his parents in a cooperative in Kampong Speu. His father, a Khmer Rouge cadre, worked as a railway worker while his mother was a farmer. His father left upon receiving a letter requesting him to work in Phnom Penh. His mother waited for him until a few months later she herself, along with Norng Chanphal, then 9 years old, and his little brother, were all taken to Phnom Penh. They were told that they would reunite with their father, but instead were sent to S-21.

Norng Chanphal was terrified when he saw his mother being mistreated upon their arrival at S-21. After one night in a detention cell on the second floor of a building, the children were transferred to the back of the building near the artists' workshop and placed under the care of an elder woman. There they heard screams regularly. Norng Chanphal informed the Trial Chamber that he saw his mother only one more time as she looked at him through the window bars of her detention cell. When the personnel of S-21 fled at the arrival of the Vietnamese army, Norng Chanphal and the four other children hid behind piles of clothes. He decided to stay at S-21 so that his mother could find him. One child died of starvation before the soldiers arrived.

Norng Chanphal later found his father's biography in the S-21 archives. He applied to become a civil party in order to find justice for his parents, but missed the deadline for civil party applications.

The Accused initially contested that the witness could not have been at S-21, as the policy was to kill all children who entered S-21. However, after S-21 records of the witness's mother were presented in court, the Accused acknowledged that the witness had been incarcerated at S-21.

Chum Mey filed a Civil Party application on the basis of his detention at S-21 from October 1978 to January 1979.

Chum Mey was evacuated from Phnom Penh in 1975 along with his wife and four children. When he heard that "Angkar was looking for mechanics", he enlisted and was sent without his family to repair sewing machines in a Phnom Penh cooperative. On October 28 1978 he was called to repair vehicles, but instead was arrested and transferred to S-21, accused of being a member of the "CIA and KGB network". He explained that at S-21 he was detained in an individual cell and interrogated for twelve consecutive days and nights. Chum Mey recalled the constant insults and torture that he had to endure. Electroshocks were inflicted upon him twice until he lost consciousness, his toenails were removed, and he was severely beaten. During his testimony, he repeatedly stated that he felt that he was "treated more like an animal" than a human being. When the authorities discovered that he was a mechanic, he was transferred to a common detention room and was "no longer mistreated", but had to work "non-stop". Chum Mey testified on the consequences of the sufferings he endured at S-21: "I cry every night. Every time I hear people talk about [the] Khmer Rouge, it reminds me of my wife and kids. I am like a mentally ill person now."

Chum Mey put the following questions to the Accused: "Were all CIA agents smashed?" "Who decided to focus the interrogations on the CIA and the KGB?" "Why accuse someone of being an agent when all he had done was, for example, break a tool?" "What was 'Angkar'?"