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University of Nueva CaceresJaime Hernandez Street, Naga City

Polpot and the Cambodian Killing Fields

A Research PaperSubmitted to

The Faculty of Law Department

In Partial Fulfillmentof the Requirements

in Human Rights

Botardo, Neil Emman L.5:30-7:30Saturday

October 18, 2014



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TABLE OF CONTENTS

Editor’s Note……………………………………………………………………………

Introduction …………………...…………………………………………………………… Cambodia Demographics ………………………………………………………………….. Cambodia Before 1975 ……………………………………………………………………… The Marxist Circle…………………………………………………………………………

Year Zero ………………………………………………………………………………… Human Rights Violation …………………………………………………………………… The Aftermath ……………………………………………………………………………… Curriculum Vitae……………………………………………………………………………



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DEMOGRAPHICS OF CAMBODIA

Capital: Phnom Penh

Major Cities: Phnom Penh, Siem Reap, Sihanouk Ville, Koh Kong Area: 181,035 sq km (69,898 sq miles) : Water 2.5%Border countries: Laos 541 km, Thailand 803 km, Vietnam 1,228 kmCoastline: 443 kmIndependence: 9 November 1953Constitution : Promulgated 21 September 1993Population : 15,458,332Ethnic Groups : Khmer 90%, Vietnamese 5%, Chinese 1%, other 4%Religions : Buddhist (official) 96.9%, Muslim 1.9%, Christian 0.4%, other 0.8% (2008est.)Languages : Khmer (official) 96.3%, other 3.7% (2008 est.)Type of Government: Constitutional monarchy, Parliamentary representative democracy

Historical populations Year Pop. ±%1876 890,000 — 1901 1,103,000 +23.9%

1911 1,487,900 +34.9%1921 2,402,600 +61.5%1931 2,806,000 +16.8%1947 3,296,000 +17.5%1951 4,261,000 +29.3%1961 5,510,000 +29.3%1971 7,270,000 +31.9%1981 6,682,000 −8.1%

1991 8,810,000 +31.8%2001 12,353,000 +40.2%2011 14,701,717 +19.0%



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CAMBODIA BEFORE 1975

Independence

1953 - Cambodia wins its independence from France. Under King Sihanouk, it becomesthe Kingdom of Cambodia.1955 - Sihanouk abdicates to pursue a political career. His father becomes king andSihanouk becomes prime minister.1960 - Sihanouk's father dies. Sihanouk becomes head of state.1965 - Sihanouk breaks off relations with the US and allows North Vietnameseguerrillas to set up bases in Cambodia in pursuance of their campaign against the US-backed government in South Vietnam.1969 - The US begins a secret bombing campaign against North Vietnamese forces onCambodian soil.1970 - Prime Minister Lon Nol overthrows Sihanouk in coup. He proclaims the KhmerRepublic and sends the army to fight the North Vietnamese in Cambodia. Sihanouk - inexile in China - forms a guerrilla movement. Over next few years the Cambodian armyloses territory against the North Vietnamese and communist Khmer Rouge guerrillas

KEY ACTORS

Pol Pot (Khmer: ; 19 May 1925 – 15 April 1998) ,[1][2] born SalothSar (Khmer: ) was a Cambodian communist revolutionary who led the KhmerRouge [4] from 1963 until 1997. From 1963 to 1981, he served as the GeneralSecretary of the Communist .[5] As such, he became the leader of Cambodia on April 17,1975, when his forces captured Phnom Penh. From 1976 to 1979, he also served asthe prime minister of Democratic Kampuchea. He presided over a totalitarian dictatorship t hat imposed a radical form of agrarian

socialism on the country. His government forced urban dwellers to relocate to thecountryside to work in collective farms and forced labor projects. The combined effectsof executions, forced labor, malnutrition, and poor medical care caused the deaths ofapproximately 25 percent of the Cambodian population. In all, an estimated 1 to 3million people (out of a population of slightly over 8 million) died due to the policies ofhis four-year premiership.

http://en.wikipedia.org/wiki/Khmer_language

http://en.wikipedia.org/wiki/Pol_Pot#cite_note-BBC-1




http://en.wikipedia.org/wiki/Cambodia

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http://en.wikipedia.org/wiki/General_Secretary_of_the_Communist_Party_of_Kampuchea





http://en.wikipedia.org/wiki/Prime_Minister_of_Cambodia

http://en.wikipedia.org/wiki/Democratic_Kampuchea

http://en.wikipedia.org/wiki/Dictatorship

http://en.wikipedia.org/wiki/Agrarian_socialism




http://en.wikipedia.org/wiki/Dictatorship

http://en.wikipedia.org/wiki/Democratic_Kampuchea

http://en.wikipedia.org/wiki/Prime_Minister_of_Cambodia







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In 1979, after the Cambodian – Vietnamese War, Pol Pot fled to the jungles of southwestCambodia, and the Khmer Rouge government collapsed. From 1979 to 1997, he and aremnant of the old Khmer Rouge operated near the border of Cambodia and Thailand, where they clung to power, with nominal United Nations recognition as the rightful

government of Cambodia. Pol Pot committed suicide[15]

in 1998 while under housearrest by the Ta Mok faction of the Khmer Rouge. Since his death, rumours that he waspoisoned have persisted .[16]

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

Appointed Deputy Secretary of the CPK in 1960, he retained this position and hismembership in the CPK’s Standing Committee throughout the period of DemocraKampuchea. He remained with the Khmer Rouge until reaching a deal with theCambodian government in December 1998 that allowed him to live near the Thaiborder.

Ieng SaryIeng Sary was a student at Collège Sisowath in Phnom Penh. He received a scholarship

to study in France at the Lyc ée Condorcet and at the Institut d’Études Politiques deParis, and became a member of the French Communist Party in 1951. He is believed tohave founded the Cercle marxiste des étudiants Khmers à Paris (Marxist Circle of Khmerstudents in Paris). Returning to Cambodia in 1957, Ieng Sary became a historyprofessor at Collège Sisowath and an active member of the CPK. He allegedly joined theKhmer Rouge in 1963. During the civil war of 1971 –5, he participated in the RoyalGovernment of the National Union of Kampuchea and was the special envoy of theNational United Front of Kampuchea.

When the Khmer Rouge took control in 1975, Ieng Sary became Deputy Prime Ministerfor Foreign Affairs. He fled to Thailand when the regime fell in 1979, and was thenconvicted of genocide and sentenced to death in absentia by the People’s RevolutionaryTribunal of Phnom Penh. He continued to assume his official functions within thegovernment in exile, but transferred his title of Minister of Foreign Affairs to KhieuSamphan after the creation of the Coalition Government of Democratic Kampuchea in

http://en.wikipedia.org/wiki/Cambodian%E2%80%93Vietnamese_War



http://en.wikipedia.org/wiki/Thailand



http://en.wikipedia.org/wiki/Ta_Mok





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1982. Ieng Sary left the Khmer Rouge with thousands of his followers in August 1996 inexchange for King Norodom Sihanouk granting him a royal pardon for his 1979conviction and royal amnesty from prosecution under a 1994 law outlawing the KhmerRouge.

Ieng ThirithIeng Thirith graduated from the Lycée Sisowath in Phnom Penh then went to study inParis, where she majored in Shakespeare studies at the Sorbonne. She became the firstCambodian to receive a degree in English Literature. Returning to Cambodia in 1957,she worked as a professor before founding a private English school in 1960. On 9October 1975, at a meeting of the CPK Standing Committee, Ieng Thirith was allegedlyappointed Minister of Social Affairs in Democratic Kampuchea. She allegedly remainedwith the Khmer Rouge until her husband Ieng Sary was granted a Royal amnesty andpardon in 1998. Thereafter, they lived together in Phnom Penh until being placed inpre-trial detention by the ECCC in November 2007.Kaing Guev EavIn 1965 Duch became a mathematics teacher, and was allegedly drawn towardcommunism. He was arrested in 1968 by Sihanouk’s police, and then set freewhe Sihanouk was overthrown in 1970. From July 1971 until January 1975, Duch wasallegedly the Chairman of Office 13 or M13 (another Communist Party security officenorth of Phnom Penh). He allegedly remained with the Khmer Rouge until he returned

to teaching in the early 1990s. After the death of his wife in a burglary in 1995, heconverted to Christianity and moved to the sub-district Samlaut where he lived untilbeing discovered by a journalist in 1999. He was then arrested by the Cambodianmilitary authorities.

Khieu SamphanKhieu Samphan received a bursary to study in France in 1955 and published hisdoctoral dissertation ―Cambodia's economy and industrial development‖. Upon

return to Cambodia, Khieu Samphan became a professor before being appointedSecretary of State for Trade in Sihanouk’s regime in 1962. Under threat from Sihanouksecurity forces, he allegedly went into hiding in 1967 and reemerged within the KhmerRouge resistance in the early 1970s. In 1976 he was appointed DemocraticKampuchea’ s Head of State. He succeeded Pol Pot after the latter retired as the officialhead of the Khmer Rouge in 1987, and represented Kampuchea at the 1989



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International Conference on Cambodia in Paris. After pledging allegiance to theCambodian 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 theECCC in November 2007.

CAMBODIA YEAR ZERO

1975 - Lon Nol is overthrown as the Khmer Rouge led by Pol Pot occupies PhnomPenh. Sihanouk briefly becomes head of state, the country is re-named Kampuchea.

All city dwellers are forcibly moved to the countryside to become agricultural workers.Money becomes worthless, basic freedoms are curtailed and religion is banned. TheKhmer Rouge coin the phrase "Year Zero".Hundreds of thousands of the educated middle-classes are tortured and executed inspecial centres. Others starve, or die from disease or exhaustion. The total death tollduring the next three years is estimated to be at least 1.7 million.1976 - The country is re-named Democratic Kampuchea. Sihanouk resigns, KhieuSamphan becomes head of state, Pol Pot is prime minister.1977 - Fighting breaks out with Vietnam.1978 - Vietnamese forces invade in a lightning assault.1979 January - The Vietnamese take Phnom Penh. Pol Pot and Khmer Rouge forces

flee to the border region with Thailand.The People's Republic of Kampuchea is established. Many elements of life before theKhmer Rouge take-over are re-established.1981 - The pro-Vietnamese Kampuchean People's Revolutionary Party winsparliamentary elections. The international community refuses to recognise the newgovernment.The government-in-exile, which includes the Khmer Rouge and Sihanouk, retains itsseat at the United Nations.

1985 - Hun Sen becomes prime minister. Cambodia is plagued by guerrilla warfare.Hundreds of thousands become refugees.1989 - Vietnamese troops withdraw. Hun Sen tries to attract foreign investment byabandoning socialism. The country is re-named the State of Cambodia. Buddhism



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Article 5.No one shall be subjected to torture or to cruel, inhuman or degrading treatment orpunishment.

Article 7. All are equal before the law and are entitled without any discrimination to equalprotection of the law. All are entitled to equal protection against any discrimination inviolation of this Declaration and against any incitement to such discrimination.

Article 9.No one shall be subjected to arbitrary arrest, detention or exile.

Article 12.No one shall be subjected to arbitrary interference with his privacy, family, home orcorrespondence, nor to attacks upon his honour and reputation. Everyone has the rightto the protection of the law against such interference or attacks.

Article 13.(1) Everyone has the right to freedom of movement and residence within the borders ofeach state.(2) Everyone has the right to leave any country, including his own, and to return to his

country.

Article 16.(1) Men and women of full age, without any limitation due to race, nationality orreligion, have the right to marry and to found a family. They are entitled to equal rightsas to marriage, during marriage and at its dissolution.(2) Marriage shall be entered into only with the free and full consent of the intendingspouses.

(3) The family is the natural and fundamental group unit of society and is entitled toprotection by society and the State.

Article 17.(1) Everyone has the right to own property alone as well as in association with others.(2) No one shall be arbitrarily deprived of his property.



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Article 18.Everyone has the right to freedom of thought, conscience and religion; this rightincludes freedom to change his religion or belief, and freedom, either alone or incommunity with others and in public or private, to manifest his religion or belief in

teaching, practice, worship and observance.

Article 19.Everyone has the right to freedom of opinion and expression; this right includesfreedom to hold opinions without interference and to seek, receive and impartinformation and ideas through any media and regardless of frontiers.

Article 20.(1) Everyone has the right to freedom of peaceful assembly and association.(2) No one may be compelled to belong to an association.

Article 21.(1) Everyone has the right to take part in the government of his country, directly orthrough freely chosen representatives.(2) Everyone has the right of equal access to public service in his country.(3) The will of the people shall be the basis of the authority of government; this willshall be expressed in periodic and genuine elections which shall be by universal and

equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22.Everyone, as a member of society, has the right to social security and is entitled torealization, through national effort and international co-operation and in accordancewith the organization and resources of each State, of the economic, social and culturalrights indispensable for his dignity and the free development of his personality.

Article 23.(1) Everyone has the right to work, to free choice of employment, to just andfavourable conditions of work and to protection against unemployment.(2) Everyone, without any discrimination, has the right to equal pay for equal work.



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(3) Everyone who works has the right to just and favourable remuneration ensuring forhimself and his family an existence worthy of human dignity, and supplemented, ifnecessary, by other means of social protection.(4) Everyone has the right to form and to join trade unions for the protection of his

interests.

Article 24.Everyone has the right to rest and leisure, including reasonable limitation of workinghours and periodic holidays with pay.

Article 25.(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical careand necessary social services, and the right to security in the event of unemployment,sickness, disability, widowhood, old age or other lack of livelihood in circumstancesbeyond his control.(2) Motherhood and childhood are entitled to special care and assistance. All children,whether born in or out of wedlock, shall enjoy the same social protection.

Article 26.(1) Everyone has the right to education. Education shall be free, at least in the

elementary and fundamental stages. Elementary education shall be compulsory.Technical and professional education shall be made generally available and highereducation shall be equally accessible to all on the basis of merit.(2) Education shall be directed to the full development of the human personality and tothe strengthening of respect for human rights and fundamental freedoms. It shallpromote understanding, tolerance and friendship among all nations, racial or religiousgroups, and shall further the activities of the United Nations for the maintenance ofpeace.

(3) Parents have a prior right to choose the kind of education that shall be given totheir children.

Article 27.(1) Everyone has the right freely to participate in the cultural life of the community, toenjoy the arts and to share in scientific advancement and its benefits.



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(2) Everyone has the right to the protection of the moral and material interestsresulting from any scientific, literary or artistic production of which he is the author.

Article 28.

Everyone is entitled to a social and international order in which the rights and freedomsset forth in this Declaration can be fully realized.

''Genocide is the violation of human rights based on the extermination of a national,racial, political or cultural group. ''

THE AFTERMATH

The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a special Cambodiancourt which receives international assistance through the United Nations Assistance tothe Khmer Rouge Trials (UNAKRT). The court is more commonly referred to by themore informal name the Khmer Rouge Tribunal or the Cambodia Tribunal.The Khmer Rouge regime took power on 17 April 1975 and was overthrown on 7January 1979. At least 1.7 million people are believed to have died from starvation,torture, execution and forced labour during this period of 3 years, 8 months and 20days. The end of Khmer Rouge period was followed by a civil war. That war finallyended in 1998, when the Khmer Rouge political and military structures weredismantled.In 1997, the government requested the United Nations (UN) to assist in establishing atrial to prosecute the senior leaders of the Khmer Rouge. In 2001, the CambodianNational Assembly passed a law to create a court to try serious crimes committedduring the Khmer Rouge regime 1975-1979. This court is called the ExtraordinaryChambers in the Courts of Cambodia for the Prosecution of Crimes Committed duringthe Period of Democratic Kampuchea (Extraordinary Chambers or ECCC). The

government of Cambodia insisted that, for the sake of the Cambodian people, the trialmust be held in Cambodia using Cambodian staff and judges together with foreignpersonnel. Cambodia invited international participation due to the weakness of theCambodian legal system and the international nature of the crimes, and to help inmeeting international standards of justice.

http://www.youthkiawaaz.com/2012/05/genocides-in-india-from-past-to-present/

http://www.youthkiawaaz.com/2012/05/genocides-in-india-from-past-to-present/



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An agreement with the UN was ultimately reached in June 2003 detailing how theinternational community will assist and participate in the Extraordinary Chambers. Thisspecial new court was created by the government and the UN but it will be independentof them. It is a Cambodian court with international participation that will apply

international standards.The court can only prosecute two categories of alleged perpetrators for alleged crimescommitted between 17 April 1975 and 6 January 1979:1) Senior leaders of Democratic Kampuchea; and2) Those believed to be most responsible for grave violations of national andinternational law.The ECCC is currently handling four cases:Case 001: Defendant: Kaing Guek Eav alias DuchCase 002: Defendants: Khieu Samphan, Ieng Sary (deceased) , Nuon Chea, Ieng Thirith (currentlyunder judicial supervision after having been found unfit to stand trial)Case 003: Defendants: The identities of Suspects have not been made publicCase 004: Defendants: The identities of Suspects have not been made publicCase 001

Case 001 was the first case before the Extraordinary Chambers in the Courts ofCambodia. Kaing Guek Eav alias Duch, the former Chairman of the Khmer Rouge S-21Security Center in Phnom Penh was the defendant in Case 001.Duch was transferred from military detention and placed in provisional detention on 31July 2007 by order of the Co-Investigating Judges. Duch was indicted by the Co-Investigating Judges on 8 August 2008, and the indictment was confirmed and partiallyamended by the Pre-Trial Chamber on 5 December 2008.

After an Initial Hearing on 17 and 18 February 2009, the substantive part of the trial

commenced on 30 March 2009. The presentation of evidence concluded on 17September 2009. The hearings before the Trial Chamber ended with five days of closingstatements between 23 and 27 November 2009.During the 72 days of hearing of evidence, 9 expert witnesses, 17 fact witnesses, 7character witnesses and 22 Civil Parties were heard before the Trial Chamber. Over thecourse of the trial, the Chamber examines seven thematic areas of relevance to the

http://www.eccc.gov.kh/en/case/topic/1


http://www.eccc.gov.kh/en/indicted-person/kaing-guek-eav



http://www.eccc.gov.kh/en/indicted-person/khieu-samphan

http://www.eccc.gov.kh/en/indicted-person/ieng-sary

http://www.eccc.gov.kh/en/indicted-person/nuon-chea

http://www.eccc.gov.kh/en/indicted-person/ieng-thirith






http://www.eccc.gov.kh/en/indicted-person/ieng-thirith

http://www.eccc.gov.kh/en/indicted-person/nuon-chea

http://www.eccc.gov.kh/en/indicted-person/ieng-sary

http://www.eccc.gov.kh/en/indicted-person/khieu-samphan


http://www.eccc.gov.kh/en/indicted-person/kaing-guek-eav




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proceedings: issues relating to M-13; establishment of S-21 and the Takmao prison;implementation of CPK policy at S-21; armed conflict; functioning of S-21, includingChoeung Ek; establishment and functioning of S-24; and issues relating to the characterof the Accused. Approximately 1,000 documents were put before the Chamber and

subjected to examination. More than 31,000 people followed the proceedings at thecourt building.26 July 2010, the Trial Chamber convicted Kaing Guek Eav for crimes against humanityand grave breaches of the 1949 Geneva Conventions, and sentenced him to 35 yearsimprisonment. His sentence was reduced by five years as a remedy for his illegaldetention by the Cambodian Military Court between 10 May 1999 and 30 July 2007. Healso received credit for time already spent in detention under the authority of both theCambodian Military Court and the ECCC.

As for civil claims, the Trial Chamber admitted 64 applicants as Civil Parties andawarded the following reparations:Inclusion of the names of admitted Civil Parties and their deceased family members inthe judgment;The Trial Chamber also ordered the compilation and publication of all statements ofapology and acknowledgement of responsibility made by Duch.The Accused and the Co-Prosecutors appealed the Trial Chamber verdict to theSupreme Court Chamber. In total, 41 Civil Parties, including 22 rejected Civil Partyapplicants, also filed appeals against th e Trial Chamber’s decision on their admissibilityand/or claims for reparations.The Supreme Court Chamber held oral hearings in the appeals against the TrialChamber's judgment in Case 001 on 28-30 March 2011. The Supreme Court Chamberannounced its decision on appeals on February 3rd 2011.Granting the appeal by the Co-Prosecutors, it quashed the 35-year sentence handeddown by the Trial Chamber on July 6 2010 and sentenced KAING Guek Eav to lifeimprisonment (the maximum possible term under the law). By a Supermajority decision,the Supreme Court quashed the decision of the Trial Chamber to grant a remedy in

form of reducing KAING Guek Eavs sentence witf five years due to time he has spentillegally detained by the Cambodian Military. The Supreme Court Chamber alsodismissed Kaing Guek Eve’s appeal in which he alleged that he was not within thpersonal jurisdiction of the courtThe Supreme Court stated the Trial Chamber had erred in law by attaching insufficientweight to the gravity of KAING Guek Eavs crimes as well as the aggravating



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circumstances in this case, and that that too much weight had been attached to themitigating circumstances.The Supreme Court Chamber also granted the appeal from 10 civil party applicants whohad been previously rejected by the Trial Chamber in the trial judgment. On appeal,

these Civil Parties substantiated their applications and were admitted as civil parties incase 001. The Supreme Court Chamber also decided on appeals from civil Partiesrelated to the Trial Chambers ruling on their requests for collective and moralreparations. The Supreme Court Chamber affirmed that the Trial Chambers decision tocompile and post on the ECCC website all statements of apology and acknowledgementof responsibility made by Duch during the course of the ECCC proceedings.Following the decision of the Supreme Court Chamber 3 February 2012, which partiallyconfirmed and amended the Trial Chamber Judgement as well as overturning thedecision on sentencing, Kaing Guek Eav has been found guilty pursuant to Articles 5, 6and 29 (new) of the ECCC Law of the following crimes committed in Phnom Penh andwithin the territory of Cambodia between 17 April 1975 and 6 January 1979:Crimes against humanity- persecution on political grounds,- extermination (encompassing murder),- enslavement,- imprisonment,- torture and

- other inhumane actsGrave breaches of the Geneva Conventions of 1949,- wilful killing,- torture and inhumane treatment,- willfully causing great suffering or serious injury to body or health,- willfully depriving a prisoner of war or civilian of the rights of fair andregular trial, and- unlawful confinement of a civilian

Case 002Two former Khmer Rouge leaders are now on trial in Case 002.The two Accused are:Nuon Chea, former Chairman of the Democratic Kampuchea National Assembly andDeputy Secretary of the Communist Party of Kampuchea; andKhieu Samphan, former Head of State of Democratic Kampuchea



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The two Accused are charged with crimes against humanity, grave breaches of theGeneva Conventions of 1949, and genocide against the Muslim Cham and the

Vietnamese.The Trial Chamber held the initial hearing in June 2011. Since then, Case 002 has been

severed into at least to separate trials, each addressing a different section of the indictment.Two other co-accused, Ieng Sary and his wife Ieng Thirith, were also part Case 002.The proceedings against Ieng Sary were terminated on 14 March 2013, following hisdeath the same day. Ieng Thirith, was indicted but later found unfit to stand trial due toher dementia and separated from the case in November 2011. Following a re-assessment by medical experts in August 2012, The Trial Chamber found that IengThirith remained unfit to stand trial. The medical experts concluded that no furtheravailable medical treatment was likely to improve Ieng Thirith's fitness to stand trial.Ieng Thirith was released from provisional detention on 16 September 2012, and she iscurrently under under judical supervision.Case 002/01: The first trial (Case 002/01) commenced on 21 November 2011,primarily focusing on alleged crimes against humanity related to the forced movementof the population from Phnom Penh and later from other regions (phases one and two),and excution of Khmer Republic soldiers at Toul Po Chrey execution site immediatelyafter the Khmer Rouge takeover in 1975. It also considers the roles of the Accused inrelation to regime policies relevant to all charges, which will provide a foundation for

examining the remaining charges in future trials. The hearing of evidenve in case002/01 ended on 23 July 2013 and the closing statements concluded on 31 October2013. The trial judgment was pronounced on 7 August 2014. Nuon Chea and KhieuSamphan were found guilty of crimes against humanity and sentenced to lifeimprisonment. Both accused have said the will file appeals against the judgement.Case 002/02: Case 002/02 refers to the second trial against Khieu Samphan andNuon Chea where additional charges from the Closing Order in Case 002 will be heard.In a decision on 4 April 2014, the Trial Chamber decided that the following alleged

crime sites and factual allegations will form the basis for Case 002/02:• Genocide against the Cham and the Vietnamese (excluding crimes against humanitcommitted by the Revolutionary Army of Kampuchea on Vietnamese territory);• Forced marriages and rape (nationwide); • Internal purges; • S-21 Security Centre ; Kraing Ta Chan Security Centre , Au Kanseng Security

http://www.eccc.gov.kh/en/documents/court/closing-order







http://www.eccc.gov.kh/en/s-21-security-centre



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Centre and Phnom Kraol Security Centre ; • 1st January Dam Worksite ; Kampong Chhnang Airport Construction site , Trapeang Thma Dam Worksite ; • Tram Kok Cooperative ;

• Treatment of Buddhists (limited to Tram Kok Cooperatives); and • Targeting of former Khmer Republic Officials (implementation limited to Tram KCooperatives, 1st January Dam Worksite, S-21 Security Centre and Kraing Ta ChanSecurity Centre)Trial hearings in Case 002/02 are expected to commence in the fourth quarter of 2014.Case 003CASE 003On 7 September 2009, the international Co-Prosecutor filed two IntroductorySubmissions, requesting the Co- Investigating Judges to initiate investigation of fiveadditional suspected persons. These two submissions have been divided into what isknown as Case files 003 and 004.The Co-Investigating Judge notified the Co-Prosecutors pursuant to ECCC Internal Rule66 (1) about conclusion of investigation in Case 003 on 29 April 2011. The InternationalCo-Investigating Judge has later re-opened the investigation in this case.The identity of the two suspects in Case 003 remains confidential.The investigation in Case 003 is focused on crimes allegedly committed between 17

April 1975 and 6 January 1979 on the following locations:

S-21 Security Centre, Phnom PenStung Tauch execution site, Ponhea Krek District, Kampong Cham ProvinceKampong Chhnang Airport Construction Site, Krang Leav commune, Rolea P’ier district,Kampong Chhnang ProvinceDivision 801 Security Centre,Veun Sai District, Rattanakiri ProvinceStung Hav Rock Quarry worksite, Kampong Som ProvinceWat Enta Nhien Security Centre and execution site (also known as Wat Kroam),Kampong Som Province

S-22 Security Centre, Mean Chey District, Phnom PenhDurian Plantation,Ream Village, Ream Commune, Prey Nub District, Preah SihanoukProvinceBet Trang worksite, Bet Trang Commune, Prey Nub District, Preah Sihanouk ProvinceCase 004



http://www.eccc.gov.kh/en/phnom-kraol-security-centre


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On 7 September 2009, the international Co-Prosecutor filed two IntroductorySubmissions, requesting the Co- Investigating Judges to initiate investigation of fiveadditional suspected persons. These two submissions have been divided into what isknown as Case files 003 and 004.

Case 004 is currently under investigation by the Co-Investigating Judges. Thus far, nopersons have been charged and the identity of the three suspects remains confidential.The investigation in Case 004 is focused on the follwing alleged crimes committedbetween 17 April 1975 and 6 January 1979:

Actions against the Cham population in Kampong Cham Actions against the Khmer Krom population in Takeo and Pursat Actions against the East Zone evacueesPurges of the Central Zone (Kampong Cham, Kampong Thom)Purges of the North-West Zone (Pursat, Battambang, Banteay Meanchey; and

Crimes allegedly committed between 17 April 1975 and 6 January 1979 at the followinglocations:

A) Kampong Cham Province (Central Zone)Wat O Trau Kuon Security Centre in Peam Chi Kong Commune, Kang Meas DistrictWat Batheay Security Centre in Batheay Commune, Batheay DistrictMet Sop (Kor) Security Centre in Kor Commune, Prey Chhor District

Wat Phnom Pros Security Centre in Krola and Ampil Communes, Kampong Siem DistrictKok Pring Execution Site in Vihear Thom Commune, Kampong Siem DistrictChamkar Svay Chanty Security Centre in Svay Teap Commune, Chamkar Leu District

Anglong Chrey Dam Forced Labour Site in Prey Chhor District ―Thnal Bek execution site‖, Svay Teap commune, Chamkar leu District, Kampong ChamProvince (in relation to Wat Baray Chan Dek Security Centre)

B) Kampong Thom province (Central Zone)

Wat Srange Security Centre in Tbeng Commune, Kampong Svay DistrictTuol Ta Phlong Prison and Execution Site in Kampong Chen Cheung Commune, StungDistrictWat Kandal Security Centre in Chror Neang Commune, Baray DistrictWat Baray Chan Dek Security Centre in Balaing Commune, Baray District



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The ―Colonial Prison in Kampong-Thom‖, Kampong Thom City, Kampong Thom Provinc(purge of the Central Zone)

C) Pursat Province (North-West Zone)

Prison No. 8 in Sya Commune, Kandieng DistrictTuol Pochrey Execution Site in Sre Sdok Commune, Kandieng DistrictTuol Seh Nhauv Pits and Prey Krabau Killing Fields, Rumlech and Khnar Totungcommunes, Bakan District, Pursat ProvincePhum Veal Prison, Talo commune, Bakan District, Pursat ProvinceSvay Chrum aka Phum Thkaul prison and Boeng Bat Kandal aka Trach Kraol Prison,Boeng Bat Kandal commune, Bakan District, Pursat ProvinceChanreangsei Pagoda Execution Site - Kaun Thnoat or Cham Village mass graves andwells, Rumlech commune, Bakan District, Pursat Province

Veal Bak Chunching execution site, Sre Sdok commune, Kandieng District, PursatProvince

D) Battambang Province (North-West Zone)Wat Kirirom Security Centre in Phnom Sampov Commune, Banan districtBanteay O Ta Krey Execution Site in Treng Commune, Ratanak Mondul DistrictBanteay Treng Security Centre in Treng Commune, Ratanak Mondul DistrictWat Thoamayutt Security Centre in Moung Ruessei District

Wat Kandal Security Centre in the center of Battambang CityWat Samdech Security Centre in Ta Pon Commune, Sangke DistrictWat Po Laingka Security Centre in Kampong Prieng Commune, Sangke DistrictThipakdei Security Office and Tuol Mtes worksite, Thipakdei commune, Koas KralaDisitrict , Battambang ProvincePhnom Tra Cheak Chet and Along Vil Breng, Ruessei Preah village, Chhnal MeanCommune, Koas Krala Disitrict, Battambang ProvinceSector 1 Security Office & Damnak Reang execution site, Banan village, Kanteu

commune, Banan District, Battambang Province

E) Banteay Meanchey Province (North-West Zone)Wat Banteay Neang Security Centre in Banteay Neang Commune, Mongkol Borei DistrictLa-Ang Phnom Kuoy Yum Execution Site in O Prasat Commune, Mongkol Borei DistrictWat Chamkar Khnol Execution Site in O Ombel Commune, Sisophon District



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Phnom Trayoung Security Centre in Preah Net Preah DistrictPhum Chakrey Security Centre in Choup Commune, Preah Net Preah DistrictWat Preah Net Preah & Chamkar Ta LingTrapeang Thma Dam in Por Char Commune, Phnom Srok District

Spean Spreng & Prey Roneam Dam in Preah Net Preah District

F) Takeo Province (South-West Zone)Wat Pratheat Security Centre in Kok Prech Commune, Kirivong District

―Prey Sokhon execution site‖ and the ―Wat Ang Srei Muny Detention Centre‖, Sy Slavillage, Thlea Prachum commune, Koh Andet District, Takeo ProvinceSlaeng village forest; Wat Angkun; Preil and Saom villages Execution sites & Wat SoBen prison, Kok Prech and Kampeng communes, Kirivong District, Takeo ProvinceKraing Ta Chan Security Center, Tram Kak District, Takeo Province

TIMELINE IN THE SEARCH FOR JUSTICE

2013 Ieng Sary dies2012 Ieng Thirith released from provisional detention2011 Opening statements in Case 002

Case 002 initial hearingPre-Trial Chamber affirms and partially amends Case 002 indictments

2010 Co-Investigating Judges indict Nuon Chea, Khieu Samphan, Ieng Sary andIeng ThirithKaing Guek Eav alias Duch found guilty of crimes against humanity andgrave breaches of the 1949 Geneva conventions

2009 7 September 2009International Co-Prosecutor requests investigation of five additionalsuspectsOpening statements in Case 001

Initial hearing in Case 0012008 Pre-Trial Chamber affirms and partially amends the indictment of KaingGuek EavCo-Investigating Judges indict Kaing Guek Eav alias Duch

2007 Khieu Samphan arrested and placed in provisional detention Arrest of Ieng Sary and Ieng Thirith



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Nuon Chea arrested and placed in provisional detentionKaing Guek Eav placed in provisional detentionCo-Prosecutors request investigation of five suspetsECCC Plenary adopts Internal Rules

2006 Swearing in of judges and co-prosecutorsFirst staff members take up duties

2005 ECCC Agreement entered into force2004 Amendments to the ECCC Law promulgated

ECCC Agreement ratified by Cambodia

2003 Signing of the ECCC Agreement2001 The ECCC Law promulgated1997 Cambodian Co-Prime Ministers request United Nations assistance in

organizing the process for the Khmer Rouge trials.

Pol potNuon CheaKhieu cheaKhieu samphanIeng sarySon senTa mokVorn vetSo phimRos nhim

Koy thuonKe paukChan samChou chetIeng thirithMay prang

research paper human rights hard copy

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