Case 002 Witnesses, experts and Civil Parties

Ms. Im, 47 or 48, explained that she was living in Takeo province during the liberation but was moved a few times and in 1976 she was forced to join a children’s unit. According to Ms. Oum, the children in her unit faced difficult working conditions with late hours, insufficient food, and the torture of the new children by the base people children. She explained two instances in which she was beaten by either the unit chief or other children because she was caught visiting her family without permission. Ms. Oum explained why her brother was taken to Kraing Ta Chan Prison. The civil party described that in 1977 she witnessed militiamen taking prisoners away to be executed and saw them beating the prisoners, but did not tell anyone.

Mr. Bun Sarouen, 50 or 51, stated that he was suffering during the regime because he lost his uncle, brother and father and he was not able to go to school. Mr. Bun described that the pagoda where he was living was destroyed and he was taken to a children’s unit and was required to carry earth. He stated that they were only given half their food ration if they did not meet quota. Mr. Bun explained that the chief of the plantation told him his brother-in-law and his father were taken to Kraing Ta Chan, and said he was paralyzed because he knew they were taken there to die. He also described his mother’s re-education.

Ms. Loep, 51, explained that she lived in the Tram Kak district during the Khmer Rouge regime. She stated that she was separated from her parents and that she lost two older siblings and two younger siblings. Ms. Loep described her time working at the unit, where she claims she was required to eat pork by the militiamen and the unit chief even though it was against her religion to eat it. She explained that her work in the unit was to dig canals and if she did not finish her work, she was forced to complete it during the night time.

Ms. Yem Khonny, 38, stated that she was 14 at the time of the liberation in 1975 though she cannot recall as she is illiterate. She explained that she was transferred from Kampuchea Krom to Cambodia to work, and that even though they were told that there was abandoned food there, there was little food but she would not dare to complain or she would be taken for re-education and made to do extra work. She also stated that she was separated from her family members.  Ms. Yem described that ultimately her mother, grandmother, and six siblings were killed.

Mr. Thann Thim, 69 or 70, explained that he was evacuated to Takeo Province from a refugee camp in Phnom Penh after the victory of Pol Pot, was evacuated again in 1976 to plough fields, and in 1977 was transferred to work in a unit that transported timber. Mr. Thann described why he was taken to Ang Rokar prison in 1978 and was questioned on his treatment there. The civil party stated that he was tortured during his three months at Ang Rokar, and explained he had been sent there because his daughter was forced to confess he was a former lieutenant in Phnom Penh. Mr. Thann explained that was able to run away from the prison when a fire destroyed the detention center but was kept in the prison for 3 months.

Mr. Beng Boeun, 75 or 76, stated that he was forced to leave Phnom Penh in 1975. Mr. Beng stated that he lost two of his brothers-in-law and sister-in-law. He described that in late 1978 he was assigned to grow vegetables and at one point base people cooked food for the new people and poisoned it. He stated that food was not sufficient but if they complained about it, they would be brought by the Khmer Rouge to be killed. Mr. Beng was questioned about the separation of the people based on ethnicity, and explained that he and his wife were put in the group of the Chinese Khmer based on the tone of his skin, accent and parents’ name.

Ms. Eam Yen, 47 or 48, stated that she was separated from her parents in 1976 and sent to Tuol Kruu village to go work at the dam there at the children’s unit. Ms. Iam described a few instances in which she was caught either trying to escape from her unit to visit her parents or was seeing attempting to steal food, and was beaten or buried. The civil party explained that her suffering continues today because she has poor health and is uneducated, which stemmed from her time under the regime.

Ms Tak Sann, 67 ,  told she was born in Kiri Vong district, Takeo province.  She fled with her family to Kampuchea Krom because she was afraid. She was asked to leave with other people as a part of “exchange program”, and she and her parents, children, and husband was taken to Trapaeng Thum Khang Cheung in Tram Kak district. She explained that when she arrived to Tram Kak her personal property was confiscated. She told that the family was divided into different units. She stated that she was pregnant in Tram Kak, and she had the baby alone because her husband was taken away. She told she and her new born child was not given enough food. She described how she was forced to work and carry the earth even she was pregnant.  She could not rest until she had completed the assignment.She lost her siblings and husband during the Khmer Rouge, but her children survived.

Ms. Oem Sarouern, 59 or 60, explained that in 1975 she was evacuated from Takeo to work and live in Leay Bour commune and was separated from her family in 1976. According to the civil party, she was assigned to a mobile unit in 1977 to carry earth, and senior leaders visited the Tram Kok worksite that year. The civil party stated that she did not receive enough food when she was transferred and was arrested for stealing cassava. Questioned about her husband, the Ms. Oem stated that he was arrested by Ang Ta Soam guard and sent to Kraing Ta Chan in 1976/77 where he died, and where her brother, father, and uncle were also sent. She stated her son died from disease.

The Trial Chamber granted protective measures for the Civil Party who testified with image and voice distortion.

The civil party described that in 1975 he was a soldier protecting the province of Takeo but was compelled to join the Khmer Rouge force at a dam worksite. He stated that he was trained in a youth unit and in 1976 was assigned to Kraing Ta Chan prison. The civil party described the interrogations, torture, insufficient food rations, and executions that took place at the prison. The civil party stated that children would come with their parents, and when the mothers disappeared their children would disappear as well.

Mr. Ry Pov, 58, from Takeo province, explained that he and his family fled to Vietnam in 1975, and then took part in an exchange programme that was agreed between Vietnam and Pol Pot to return to Cambodia in 1976. Mr. Ry described the exchange process and the moment when Khmer Rouge soldiers prohibited them to move and confiscated their money and belongings. He was questioned on the treatment in Tram Kok cooperative and on the working conditions. The civil party stated that they were separated from the others and assigned to the “Youn” category.

Civil party Mr. SORY Sen told the court of his 1974 arrest and detention at Kraing Ta Chan where he said he stayed until 1979.

Ms. Chou Koemlân, 64, explained that she went with her family to Tram Kok District when evacuated from Phnom Penh in 1975. She described the living and working conditions in Tram Kok district. She was questioned about her experiences, the arrest of “new people” and marriage ceremonies. She was also questioned about her claim that she had seen senior Khmer Rouge leaders, among them Khieu Samphan and Nuon, visiting the cooperatives while she was there, as well as the arrest of her husband and other people in the cooperative, and the treatment of Vietnamese families. She said her husband was taken away and killed some time after they arrived in Tram Kok, and she also told that her three-year old daughter died from sickness and starvation.

Ms. Oum Suphany, 68, a Civil Party from Phnom Penh, explained that when she was evacuated from Phnom Penh, she went to live with her future parents-in law in Trapeang Thum Tboung commune in Tram Kok District. She is the author of two books about her experience under the Khmer Rouge written based on secret diary she kept during the Khmer Rouge regime. She was questioned about the living conditions and her experience in the Tram Kok cooperatives, and about her claim of being forcibly married.

Mr. SAR Sarin told the Trial Chamber he had joined the revolutionary movement at age 13, when he started working in a propaganda unit.

After having been questioned by Civil Party lawyers, Mr. Sar said he would only continue his testimony if he was granted protection measures for the rest of his life. The Chamber ruled that it did not have jurisdiction to grant the requested measure and excused Mr. Sar from further testimony. On 23 July 2013, Mr. Sar was asked if he had changed his mind. He maintained that he would refuse to testify unless he was granted the previously requested protection measures.

Mr. SOEUN testified during the victims impact hearings about the harm he has suffered. He detailed the hardships he faced after being evacuated from Phnom Penh, separated from his parents and put into a forced labour camp. He asked the accused persons why the Khmer Krom minority group were targeted, whether they were involved in the implementation of the regime policy, and whether they would have acted differently in hindsight

Ms. SENG testified during the victims impact hearings about the harm she has suffered. She described how she was treated working in the cooperatives after the evacua-tion of Phnom Penh, where she was beaten regularly and lost her eyesight. She questioned the accused as to why children were put to work and why they did not ensure enough food was available.

Mrs. BAY testified during the victims impact hearings about the harm she has suffered. She spoke about the suffering she and her family endured as a consequence of the evacuation of Phnom Penh. She described the death of all her three children as well as her experience working in cooperatives.

Mr. YIN Roum Doul testified during the victims impact hearing about the harm he has suffered. He testified about his experiences after being evacuated from Phnom Penh to a cooperative, where he was separated from his family and sent to a “children’s unit” where he was badly beaten, tortured. 

Ms. PO Dina testified during the victims impact hearings about the harm she has suffered. She told the Trial Chamber how her husband “disappeared,” son starved to death, and how she herself was beaten severely, imprisoned and tortured after refusing a forced marriage.

Mr. NOU Hoan testified during the victims impact hearings about the harm he has suffered. He sescribed the pain he has felt since his daughter, nephews and cousins were removed during the night and ‘smashed’ by Khmer Rouge soldiers more than 30 years ago.

Ms. SOPHAN Sovany testified during the victims impact hearings about the harm she has suffered. She described the misery resulting from her entire family being killed during Democratic Kampuchea. She recalled traumatic events such as wit-nessing the killing of a pregnant woman with a hoe.

Ms. CHAN Socheat testified during the victims impact hearings about the harm she has suffered. She told the chamber how she lost every member of her immediate family, including 13 brothers and sisters to overwork and starvation.

Ms. HUO Chantha testified during the victims impact hearings about the harm she has suffered. She described both the immediate and long-term effects of being forcefully evacuated and being placed in a labour camp, having lost her husband to a heart condition acquired as a result of the conditions he faced in such a camp.

Ms. THOUCH Phandara testified during the victims impact hearings about the harm she has suffered. She spoke of the suffering she endured losing first her parents then the rest of her family and being placed into forced labour camps.