Kieu Samphan (left) and Nuon Chea
On 23 November 2016, the Supreme Court Chamber (SCC) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) delivered its Appeal Judgment in Case 002/01 against former Khmer Rouge leaders Nuon Chea and Khieu Samphan.
Nuon Chea, former Deputy Secretary of the Communist Party of Kampuchea, and Khieu Samphan, former Head of State of Democratic Kampuchea, were convicted by the Trial Chamber in August 2014 for crimes against humanity committed during the forced evacuation of Phnom Penh in April 1975 and subsequent forced transfer from other areas, as well as alleged execution of former Khmer Republic soldiers in Tuol Po Chrey in Pursat Province.
Both defendants appealed the decision, asking for a reversal of the trial judgment and to be acquitted of all charges, or failing that, Khieu Samphan asked for a reduced sentenced to a set number of years. Nuon Chea submitted 223 grounds of appeal and Khieu Samphan submitted 148 grounds of appeal. Their appeal arguments related to the constitutionality of the ECCC’s Internal Rules and the fairness of the proceedings; the Trial Chamber’s approach to evidence; the Trial Chamber’s findings relevant to the crimes for which the accused were convicted; and the accused’s individual criminal responsibility.
Nuon Chea (left) and Khieu Samphan
Today, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) found the last two surviving leaders of Cambodias Khmer Rouge regime guilty of crimes against humanity. Kieu Samphan, the former head of state of Cambodia, and Nuon Chea, former president of the national assembly, have both been sentenced to life imprisonment.
The Trial Chamber found that both Nuon Chea and Khieu Samphan participated in a joint criminal enterprise to achieve the common purpose of implementing a rapid socialist revolution through a great leap forward by whatever means necessary. The Chamber found that this common purpose was implemented through, amongst other means, policies to forcibly displace people from cities and towns and between rural areas. As a result, during the first phase of the movement of the population at least two million people were forcibly transferred from Phnom Penh in April 1975 by Khmer Rouge soldiers under false pretexts and threats, often at gunpoint, with almost no prior warning and in terrifying and violent circumstances.
During the second phase of the movement of the population, between September 1975 and December 1977, at least 330,000 to 430,000 people were forcibly displaced from various locations throughout Cambodia. Most people were ordered to leave their locations and transferred under armed guard. Those who refused transfer or attempted escape were arrested, detained or transferred in a further round of movements. Continue reading