YIM Tith (Born 1936) was Secretary of Sectors 1, 3, 4 (Northwest Zone) and 13 (Southwest Zone), and secretary of Kirivong district. He was charged and indicted by the International Co-Investigating Judge in Case 004, while the National Co-Investigating Judge dismissed his case for lack of personal jurisdiction. The case against Yim Tith was terminated in 2021.
Explore the Khmer Rouge hierarchy to understand his role in the secretive system.
Drag
1936
30 December
Born in Trapeang Kol village, Trapeang Thom commune, Tram Kak district, Takeo province. 3
1948
1948-1951
Entered the monkhood in Trapeang Thom Commune, continuing his studies in Phnom Penh at Pali language school and Wat Moha Montrei.4
1970
Left monkhood and joined the Khmer Rouge movement.5
1976
Between 1976 and late 1977
Became Deputy Secretary of Kirivong District and Sector 13 Secretary.6
1978
Mid-1978
Became Secretary of Sectors 1, 3, and 4 and a member of the Northeast Zone Committee.7
1979
Shortly before January 1979
Fled to Pailin.8
2008
20 November
Named in the International
Co-Prosecutor’s Third Introductory Submission.9
Co-Prosecutor’s Third Introductory Submission.9
2019
28 June
Case dismissed by National
Co-Investigating Judge, indicted by International Co-Investigating Judge.10
Co-Investigating Judge, indicted by International Co-Investigating Judge.10
Key Findings
The Co-Investigating Judges’ Closing Orders
The Dismissal Order
The National Co-Investigating Judge found that Yim Tith was not a senior leader or among those most responsible for DK-era crimes because he:
- Was among 100 people at a minimum at the zone and sector levels and did not hold any important position in the parties. 18
- Held a position in the Northwest Zone for only a short period of time. 19
- Did not have specific subordinates who participated in the implementation of the CPK’s policies. 20
- Only had knowledge of the crimes committed, but made no initiative nor actively participated in the implementation of the Party’s policies beyond the level expected from other sector or zone cadres. 21
- Was unknown to many of the witnesses. 22
- Did not create some of the crime sites before becoming Kirivong District Secretary, while others ceased operations when he was appointed Sector 1 Secretary. 23
- Showed limited involvement based on the evidence in crime sites such as Wat Pratheat Security Office, Kang Hort Dam worksite, Kampong Kol Sugar Factory worksite, and forced marriage in Samlout district. 24
- Did not initiate the purge policy in the Northwest Zone. 25
The Indictment
- The International Co-Investigating Judge found that Yim Tith was among those most responsible for DK-era crimes because he: 26
- Was a member of three distinct joint criminal enterprises with Ta Mok and other Southwest Zone cadre to: 1) implement the CPK’s policies on the establishment of worksites and cooperatives, regulation of marriage through forced marriage, re-education of “bad-elements” and killing of “enemies,” and targeting specific groups; 2) implement a nationwide plan for the elimination of the Khmer Krom; and 3) further a system of ill-treatment at Wat Pratheat Security Centre. 27
- Rose very quickly from the position of a deputy district secretary in the Southwest Zone to that of a Deputy Zone Secretary, and towards the end of the DK, even possibly full secretary of the Northwest Zone. 28
- Had close family ties to Ta Mok (his brother-in-law), travelled all over the zone with Ta Mok attending meetings, and was de facto second-in-command after Ta Mok. 29
- Is responsible for crimes at over 20 crime sites, ranging from genocide, crimes against humanity, war crimes, and homicide under the Cambodian Penal Code. 30
- Participated in and orchestrated the genocide of Khmer Krom in areas under his responsibility, including by questioning prisoners, identifying prisoners as enemies, and ordering, passing on the order to, and at least acquiescing to the interrogation and killing of prisoners at Wat Pratheat Security Centre. 31
- Subjected men and women to the CPK’s forced marriage policy by attending at least the preparatory stages of one mass-wedding ceremony in Sector 1 and giving instructions to the newlyweds a few days after. 32
- Spoke at meetings to purge the Vietnamese attended by both military and civilian cadres in Sector 1 of the Northwest Zone, to urge people to monitor and report on enemies associated with Vietnam so they may be killed. 33
- Oversaw production and construction, established and inspected worksites and cooperatives to evaluate their progress, presided over meetings and study sessions at worksites, gave speeches about agricultural production and instructions on dam and canal construction, trained work unit chiefs, and instructed the workforce to work hard in order to achieve the CPK’s goals. 34
- Contributed to the enforcement of strict discipline for workers, particularly at Kang Hort Dam. 35
- Orchestrated the purge of the Northwest Zone prior to and upon his announcement to replace Northwest Zone cadres, by visiting throughout the Northwest Zone and presiding over meetings, ordering subordinate cadres to locate enemies so they could be re-educated or killed and reporting on how many enemies were found and killed. 36
- Personally visited at least Thipakdei cooperative, Tuol Mtes worksite, and Banan Security Centre to assess the purge and ensure his orders were fully implemented. 37
On Appeal of the Closing Orders
- The National Pre-Trial Chamber Judges upheld the National Co-Investigating Judge’s Dismissal Order, considering the International Co-Investigating Judge’s Closing Order as void. 38
- The International Pre-Trial Chamber Judges upheld the International Co-Investigating Judge’s Closing Order (Indictment), considering the Dismissal Order to be void. 39
Ultimate Disposition
- The Supreme Court Chamber held that, in light of the Co-Investigating Judges’ illegal actions in issuing two conflicting Closing Orders, neither Closing Order was valid and in the absence of a definite and enforceable indictment, the case against Yim Tith was terminated before the ECCC. 40 Judge Maureen Harding Clark dissented, disagreeing with the legal reasoning of the majority, while agreeing with the majority’s conclusion. 41
Counsel
Mr. So Mosseny, Ms. Suzana Tomanović, Mr. Neville Sorab (pro bono)