Case 002
Two 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 and Deputy Secretary of the Communist Party of Kampuchea; and
- Khieu Samphan, former Head of State of Democratic Kampuchea
The two Accused are charged with crimes against humanity, grave breaches of the Geneva 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 his death the same day. Ieng Thirith, was indicted but later found unfit to stand trial due to her dementia and separated from the case in November 2011.
Following a re-assessment by medical experts in August 2012, The Trial Chamber found that Ieng Thirith remained unfit to stand trial.
The medical experts concluded that no further available 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 died in August 2015.
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 movement of the population from Phnom Penh and later from other regions (phases one and two), and execution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975.
It also considers the roles of the Accused in relation to regime policies relevant to all charges, which will provide a foundation for examining the remaining charges in future trials.
The hearing of evidence in case 002/01 ended on 23 July 2013 and the closing statements concluded on 31 October 2013. The trial judgment was pronounced on 7 August 2014.
Nuon Chea and Khieu Samphan were found guilty of crimes against humanity and sentenced to life imprisonment.
On 23 November 2016, the Supreme Court Chamber issued its appeals judgement reversing some of the convictions, upholding the rest and confirming the sentences of life imprisonment for crimes against humanity.
Case 002/02
Case 002/02 refers to the second trial against Khieu Samphan and Nuon 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 committed 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 Centre and Phnom Kraol Security Centre;
- 1st January Dam Worksite; Kampong Chhnang Airport Construction site, Trapeang Thma Dam Worksite;
- Tram Kok Cooperatives;
- Treatment of Buddhists (limited to Tram Kok Cooperatives); and
- Targeting of former Khmer Republic Officials (implementation limited to Tram Kok Cooperatives, 1st January Dam Worksite, S-21 Security Centre and Kraing Ta Chan Security Centre)
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.
Indicted Person
Trial Chamber Notifies the Full Written Judgement in Case 002/02 Against NUON Chea and KHIEU Samphan in Khmer, English and French
PRESS BRIEFING ON THE UPCOMING JUDGEMENT IN CASE 002/02 AGAINST KHIEU SAMPHAN AND NUON CHEA
Media Alert: Access for public and media accreditation to Case 002/02 judgement
TRIAL CHAMBER OF THE ECCC SETS 16 NOVEMBER 2018 FOR THE PRONOUNCEMENT OF THE JUDGEMENT IN CASE 002/02
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Text Document Annex B: Trial Chamber decisions and related Case 002 filings
E467/2
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Text Document Trial Chamber Memorandum Entitled “Decision on the Requests by the Co-Prosecutors and the KHIEU Samphan Defence to admit photographs related to the documentation provided by Professor Walter HEYNOWSKI (2-TCW-946)”
E443/6
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Text Document Decision on NUON Chea Defence Requests to hear Additional Witnesses pursuant to Internal Rule 87(4) (E391, E392, E395, E412, and E426) (Full Reasons)
E443/10
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea Defence Requests to hear Additional Witnesses pursuant to Internal Rule 87(4) (E391, E392, E395, E412, and E426)”
E443
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Text Document Order Designating Reserve Judge to Replace Sitting Judge
E466
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Text Document Decision on Khieu Samphân’s Urgent Appeal Against the Summary of Judgement Pronounced on 16 November 2018
E463/1/3
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Text Document 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
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Text Document Scheduling Order for Pronouncement of the Judgement in Case 002/2
E462
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Text Document [Corrected 3] Decision of central committee on a number of problems
E3/12
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Text Document [Corrected 2] Decision of central committee on a number of problems
E3/12
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Text Document Decision on Civil Party Lead Co-Lawyers'Request to Make Opening Remarks
E316/1/1
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Text Document Decision on Co-procecutors'Application for Extension of Page Limit for Witness, Expert and Civil Party Inernal Rule 87(4) Justifications
E307/3/1
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Text Document Order for quarterly cognitive testing of the accused and scheduling of the tests
E460/6
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Text Document Decision on Co-Prosecutor's Request to Admit S-21 List of Prisoners and Four S-21 Documents (E393/3)
E393/4
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Text Document Decision on KHIEU Samphan Defence Request for Disclosure of Audio Recordings of Witness Statements from Case 003 and 004
E441/2
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Text Document Decision on NUON Chea's Request for Investigative Action in Relation to Alexander Hinton (2-TCE-88)
E405/2
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Text Document Decision on NUON Chea Defence Internal Rules 87(4) and 93 Request (E445/1)
E445/2
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Text Document Decision on the Admission into Evidence of the Choeung Ek Study Documents
E404/9
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea Defence Internal Rule 87(4) Requests E434 and E435”
E434/2
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Text Document Trial Chamber Memorandum Entitled “Decision on Reiterated Request of KHIEU Samphan Defence to Hear Stephen HEDER (2-TCE-87) and François PONCHAUD (2-TCE-99) (E408/6)
E408/6/2
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Text Document [Corrected 1] Decision on requests regarding internal rule 87 (4) deadlines
E421/4
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea rule 87 (4) request for admission of material in relation to the Late King Father Norodom Sihanouk”
E396/4
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Text Document Trial Chamber Memorandum Entitled “Decision on KHIEU Samphan’s Rule 87(4) request to admit into evidence documents related to the testimony of exper Heneri Locard )2-TCE-90) ”
E415/4/1
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Text Document Decision on the Request for Leave to Submit Amicus Curiae Brief on Forced Marriage
E418/3
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Text Document Trial Chamber Memorandum Entitled “Decision on NUON Chea’s Rule 8 7(4) Request to Admit into Evidence a Document Related to the Testimony of Expert Henri LOCARD (2-TCE-90)”
E415/3/2
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Text Document Table of authorities for Civil Party Lead Co-Lawyers Response to Defence Requests for Extensions of Time and Page Limits
F42.1
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Text Document Civil Party Lead Co-Lawyers Response to Defence Requests for Extensions of Time and Page Limits
F42
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Text Document Table of authorities for Nuon Chea’s Rresponse to the Proposed Transfer of Evidentiary Material to the Tuol Sleng Museum
E443/12/1.1
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Text Document Nuon Chea’s Rresponse to the Proposed Transfer of Evidentiary Material to the Tuol Sleng Museum
E443/12/1
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Text Document 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
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Text Document 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
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Text Document Authority 2: International Criminal Tribunal for Rwanda, Rules of Procedure and Evidence (rev. 13 May 2015), rule 108
F41.1.2
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Text Document 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
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Text Document Table of authorities for Co-Prosecutors’ Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal
F41.1
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Text Document 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
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Text Document KHIEU Samphan Defence Request for Extension of Time and Number of Pages to File Notice of Appeal
F39/1.1
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Text Document 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
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Text Document 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
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Text Document Authority 1: International Criminal Tribunal for the Former Yugoslavia, Rules of Procedure and Evidence (rev. 8 July 2015), rule 108
F41.1.1
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Text Document KHIEU Samphan, "Consideration on the history of Cambodia from Early stage to the Period of Democratic Kampuchea", Reahu, 10-2007
E3/16
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Text Document Co-Prosecutors’ Response to Defence Requests for Additional Time and Page Limits for Notice of Appeal
F41
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Text Document Authority 4: International Criminal Court, Regulations of the Court (adopted 26 May 2004), regulation 58(5)
F41.1.4
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Text Document Attachment 1: Letter from Nuon Chea to Trial Chamber President
E465/1.1.1
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Text Document Nuon Chea's letter authorising his lawyers to file an appeal against the case 002/02 judgement
E465/1
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Text Document Attachment 2: World Health Organisation, ‘Countries: Cambodia’
E465/1.1.2
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Text Document Table of authorities for Nuon Chea's letter authorising his lawyers to file an appeal against the case 002/02 judgement
E465/1.1
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Text Document Annex C: Documents filed by or before the OCIJ during the judicial investigation in Case 002
E467/3
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Text Document Annex A: Evidence filed during trial proceedings in Case 002/02
E467/1
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Text Document Annex D: Documents relating to victims who are no longer civil parties in Case 002
E467/4
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Text Document Annex B: Trial Chamber decisions and related Case 002 filings
E467/2
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Text Document Transcript of hearing on the substance in Case 002/02 – 18 August 2016
E1/460.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 17 October 2016
E1/484.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 28 November 2016
E1/502.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 16 March 2016
E1/403.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 4 February 2015
E1/256.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 29 August 2016
E1/465.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 30 August 2016
E1/466.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 31 August 2016
E1/467.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 13 September 2016
E1/472.1
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Text Document Transcript of hearing on the substance in Case 002/02 – 14 September 2016
E1/473.1

