Case 002/01

On 15 September 2010, Nuon Chea and Khieu Samphan (together with Ieng Sary and Ieng Thirith) were indicted on charges related to crimes against humanity, genocide and grave breaches of the Geneva Conventions of 1949 in what is referred as Case 002 before the ECCC. The charges against them are specified in the Closing Order of Case 002. As Ieng Thirith was found unfit to stand trial and died later, and Ieng Sary died on 14 March 2013, the two remaining defendants in Case 002 are Khieu Samphan and Nuon Chea.

In September 2011, the Trial Chamber decided to separate (sever) the charges in the Case 002 Closing Order into a series of smaller trials. The first trial in Case 002, referred to as Case 002/01 commenced on 21 November 2011. The charges in Case 002/01 are focused on alleged crimes against humanity related to the forced movement of the population from Phnom Penh in April 1975 and later from other regions (phases one and two), and execution of Khmer Republic soldiers at Toul Po Chrey execution site in Pursat immediately after the Khmer Rouge takeover in 1975.

The hearing of evidence in Case 002/01 ended on 23 July 2013, and the closing statements concluded on 31 October 2013. The trial judgement was pronounced on 7 August 2014. Nuon Chea and Khieu Samphan were found guilty of crimes against humanity and sentenced to life imprisonment. Both accused appealed their convictions

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 against Nuon Chea and Khieu Samphan.

Background on the severance of Case 002/01:

The initial severance decision by the Trial Chamber limited the scope of charges in Case 002/01 to alleged crimes against humanity related to the forced movement of people from Phnom Penh in April 1975, and the second phase of population movement in other regions starting from September 1975.

On 8 October 2012, the Trial Chamber partially rejected and partially granted a request from the Co-Prosecutors to expand the scope of charges in Case 002/01, and decided to include charges related to the alleged execution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975 in the scope of Case 002/01.

On 8 February 2013, in a decision on an appeal from the Co-Prosecutors against the scope of charges in Case 002/01, the Supreme Court Chamber annulled the previous decisions from the Trial Chamber limiting the scope of charges in Case 002/01. Following the Supreme Court Chambers decision, the Trial Chamber issued a new severance decision, re-affirming its previous decisions to limit the scope of charges in Case 002/01 to 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 alleged execution of Khmer Republic soldiers at Toul Po Chrey execution site immediately after the Khmer Rouge takeover in 1975. The Supreme Court Chamber subsequently rejected appeals seeking to expand the scope of charges, ordering that further charges be heard in a new Case 002/02.