Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
A Research Paper
Submitted to
The Faculty of Law Department
In Partial Fulfillment
of the Requirements
in Human Rights
Editors Note
TABLE OF CONTENTS
Editors Note.
Introduction.....
Cambodia Demographics..
Cambodia Before 1975
The Marxist Circle.
Year Zero.
Human Rights Violation..
The Aftermath
Curriculum Vitae.
DEMOGRAPHICS OF CAMBODIA
Capital: Phnom Penh
Major Cities: Phnom Penh, Siem Reap, Sihanouk Ville, Koh Kong
Area: 181,035 sq km (69,898 sq miles) : Water 2.5%
Border countries: Laos 541 km, Thailand 803 km, Vietnam 1,228 km
Coastline: 443 km
Independence: 9 November 1953
Constitution: Promulgated 21 September 1993
Population: 15,458,332
Ethnic Groups: Khmer 90%, Vietnamese 5%, Chinese 1%, other 4%
Religions: Buddhist (official) 96.9%, Muslim 1.9%, Christian 0.4%, other 0.8% (2008
est.)
Languages: Khmer (official) 96.3%, other 3.7% (2008 est.)
Type of Government: Constitutional monarchy, Parliamentary representative democracy
Historical populations
Year
Pop.
1876 890,000
1901 1,103,000
+23.9%
1911 1,487,900
+34.9%
1921 2,402,600
+61.5%
1931 2,806,000
+16.8%
1947 3,296,000
+17.5%
1951 4,261,000
+29.3%
1961 5,510,000
+29.3%
1971 7,270,000
+31.9%
1981 6,682,000
8.1%
1991 8,810,000
+31.8%
2001 12,353,000
+40.2%
2011 14,701,717
+19.0%
KEY ACTORS
Pol Pot (Khmer:
Sar (Khmer:
Rouge
[4]
from 1963 until 1997. From 1963 to 1981, he served as the General
Secretary of the Communist.[5] As such, he became the leader of Cambodia on April 17,
1975, when his forces captured Phnom Penh. From 1976 to 1979, he also served as
the prime minister of Democratic Kampuchea.
He presided over a totalitarian dictatorship that imposed a radical form of agrarian
socialism on the country. His government forced urban dwellers to relocate to the
countryside to work in collective farms and forced labor projects. The combined effects
of executions, forced labor, malnutrition, and poor medical care caused the deaths of
approximately 25 percent of the Cambodian population. In all, an estimated 1 to 3
million people (out of a population of slightly over 8 million) died due to the policies of
his four-year premiership.
5
In 1979, after the CambodianVietnamese War, Pol Pot fled to the jungles of southwest
Cambodia, and the Khmer Rouge government collapsed. From 1979 to 1997, he and a
remnant of the old Khmer Rouge operated near the border of Cambodia andThailand,
where they clung to power, with nominal United Nations recognition as the rightful
government of Cambodia. Pol Pot committed suicide[15] in 1998 while under house
arrest by the Ta Mok faction of the Khmer Rouge. Since his death, rumours that he was
poisoned have persisted.[16]
Nuon Chea
Biography
Nuon Chea (his name at birth was Lao Kim Lorn) studied law at Bangkok's prestigious
Thammasat University, where he became a member of the Thai Communist Party.
Appointed Deputy Secretary of the CPK in 1960, he retained this position and his
membership in the CPKs Standing Committee throughout the period of Democratic
Kampuchea. He remained with the Khmer Rouge until reaching a deal with the
Cambodian government in December 1998 that allowed him to live near the Thai
border.
Ieng Sary
Ieng Sary was a student at Collge Sisowath in Phnom Penh. He received a scholarship
to study in France at the Lyce Condorcet and at the Institut dtudes Politiques de
Paris, and became a member of the French Communist Party in 1951. He is believed to
have founded the Cercle marxiste des tudiants Khmers Paris (Marxist Circle of Khmer
students in Paris). Returning to Cambodia in 1957, Ieng Sary became a history
professor at Collge Sisowath and an active member of the CPK. He allegedly joined the
Khmer Rouge in 1963. During the civil war of 19715, he participated in the Royal
Government of the National Union of Kampuchea and was the special envoy of the
National United Front of Kampuchea.
When the Khmer Rouge took control in 1975, Ieng Sary became Deputy Prime Minister
for Foreign Affairs. He fled to Thailand when the regime fell in 1979, and was then
convicted of genocide and sentenced to death in absentia by the Peoples Revolutionary
Tribunal of Phnom Penh. He continued to assume his official functions within the
government in exile, but transferred his title of Minister of Foreign Affairs to Khieu
Samphan after the creation of the Coalition Government of Democratic Kampuchea in
6
1982. Ieng Sary left the Khmer Rouge with thousands of his followers in August 1996 in
exchange for King Norodom Sihanouk granting him a royal pardon for his 1979
conviction and royal amnesty from prosecution under a 1994 law outlawing the Khmer
Rouge.
Ieng Thirith
Ieng Thirith graduated from the Lyce Sisowath in Phnom Penh then went to study in
Paris, where she majored in Shakespeare studies at the Sorbonne. She became the first
Cambodian to receive a degree in English Literature. Returning to Cambodia in 1957,
she worked as a professor before founding a private English school in 1960. On 9
October 1975, at a meeting of the CPK Standing Committee, Ieng Thirith was allegedly
appointed Minister of Social Affairs in Democratic Kampuchea. She allegedly remained
with the Khmer Rouge until her husband Ieng Sary was granted a Royal amnesty and
pardon in 1998. Thereafter, they lived together in Phnom Penh until being placed in
pre-trial detention by the ECCC in November 2007.
Kaing Guev Eav
In 1965 Duch became a mathematics teacher, and was allegedly drawn toward
communism. He was arrested in 1968 by Sihanouks police, and then set freewhen
Sihanouk was overthrown in 1970. From July 1971 until January 1975, Duch was
allegedly the Chairman of Office 13 or M13 (another Communist Party security office
north of Phnom Penh). He allegedly remained with the Khmer Rouge until he returned
to teaching in the early 1990s. After the death of his wife in a burglary in 1995, he
converted to Christianity and moved to the sub-district Samlaut where he lived until
being discovered by a journalist in 1999. He was then arrested by the Cambodian
military authorities.
Khieu Samphan
Khieu Samphan received a bursary to study in France in 1955 and published his
doctoral dissertation Cambodia's economy and industrial development. Upon his
return to Cambodia, Khieu Samphan became a professor before being appointed
Secretary of State for Trade in Sihanouks regime in 1962. Under threat from Sihanouks
security forces, he allegedly went into hiding in 1967 and reemerged within the Khmer
Rouge resistance in the early 1970s. In 1976 he was appointed Democratic
Kampucheas Head of State. He succeeded Pol Pot after the latter retired as the official
head of the Khmer Rouge in 1987, and represented Kampuchea at the 1989
7
pro-Vietnamese
Kampuchean
People's
Revolutionary
Party
wins
property,
religious
clothing
practices,
styles,
and
traditional culture. They turned public schools, pagodas, churches, universities, shops,
and government buildings into into prisons, stables, and reeducation facilities/camps.
The
Khmer
Rouge
got
rid
of
all
public
and
private
transportation.
During the time of all this, everyone was stripped of their basic (human) rights. People
were banned from going outside their work zone. The Khmer Rouge's regime banned
people from gathering and having discussions, if violated, they could be accused of
being enemies which will lead to a punishment of arrest or execution. Family
relationships were also heavily forbid. People were forbidden from showing even the
slightest form of affection. The Khmer Rouge demanded all the people of Cambodia to
obey and respect only them. The Khmer Rouge claimed that only people of ''purity''
were
qualified
in
building
the
revolution.
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with
reason and conscience and should act towards one another in a spirit of brotherhood.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
9
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
Article 7.
All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination in
violation of this Declaration and against any incitement to such discrimination.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right
to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of
each state.
(2) Everyone has the right to leave any country, including his own, and to return to his
country.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal rights
as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending
spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to
protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
10
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will
shall be expressed in periodic and genuine elections which shall be by universal and
equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to
realization, through national effort and international co-operation and in accordance
with the organization and resources of each State, of the economic, social and cultural
rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
11
(3) Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his
interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working
hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and wellbeing of himself and of his family, including food, clothing, housing and medical care
and necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and higher
education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to
the strengthening of respect for human rights and fundamental freedoms. It shall
promote understanding, tolerance and friendship among all nations, racial or religious
groups, and shall further the activities of the United Nations for the maintenance of
peace.
(3) Parents have a prior right to choose the kind of education that shall be given to
their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
12
(2) Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms
set forth in this Declaration can be fully realized.
''Genocide is the violation of human rights based on the extermination of a national,
racial, political or cultural group. ''
THE AFTERMATH
The Extraordinary Chambers in the Courts of Cambodia (ECCC) is a special Cambodian
court which receives international assistance through the United Nations Assistance to
the Khmer Rouge Trials (UNAKRT). The court is more commonly referred to by the
more informal name the Khmer Rouge Tribunal or the Cambodia Tribunal.
The Khmer Rouge regime took power on 17 April 1975 and was overthrown on 7
January 1979. At least 1.7 million people are believed to have died from starvation,
torture, execution and forced labour during this period of 3 years, 8 months and 20
days. The end of Khmer Rouge period was followed by a civil war. That war finally
ended in 1998, when the Khmer Rouge political and military structures were
dismantled.
In 1997, the government requested the United Nations (UN) to assist in establishing a
trial to prosecute the senior leaders of the Khmer Rouge. In 2001, the Cambodian
National Assembly passed a law to create a court to try serious crimes committed
during the Khmer Rouge regime 1975-1979. This court is called the Extraordinary
Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during
the Period of Democratic Kampuchea (Extraordinary Chambers or ECCC). The
government of Cambodia insisted that, for the sake of the Cambodian people, the trial
must be held in Cambodia using Cambodian staff and judges together with foreign
personnel. Cambodia invited international participation due to the weakness of the
Cambodian legal system and the international nature of the crimes, and to help in
meeting international standards of justice.
13
An agreement with the UN was ultimately reached in June 2003 detailing how the
international community will assist and participate in the Extraordinary Chambers. This
special new court was created by the government and the UN but it will be independent
of them. It is a Cambodian court with international participation that will apply
international standards.
The court can only prosecute two categories of alleged perpetrators for alleged crimes
committed
1)
between
Senior
17
leaders
April
of
1975
and
Democratic
January
1979:
Kampuchea;
and
001:
002:
Defendants: Khieu Samphan, Ieng Sary (deceased) , Nuon Chea, Ieng Thirith (currently
under judicial supervision after having been found unfit to stand trial)
Case
003:
004:
proceedings: issues relating to M-13; establishment of S-21 and the Takmao prison;
implementation of CPK policy at S-21; armed conflict; functioning of S-21, including
Choeung Ek; establishment and functioning of S-24; and issues relating to the character
of the Accused. Approximately 1,000 documents were put before the Chamber and
subjected to examination. More than 31,000 people followed the proceedings at the
court building.
26 July 2010, the Trial Chamber convicted Kaing Guek Eav for crimes against humanity
and grave breaches of the 1949 Geneva Conventions, and sentenced him to 35 years
imprisonment. His sentence was reduced by five years as a remedy for his illegal
detention by the Cambodian Military Court between 10 May 1999 and 30 July 2007. He
also received credit for time already spent in detention under the authority of both the
Cambodian Military Court and the ECCC.
As for civil claims, the Trial Chamber admitted 64 applicants as Civil Parties and
awarded the following reparations:
Inclusion of the names of admitted Civil Parties and their deceased family members in
the judgment;
The Trial Chamber also ordered the compilation and publication of all statements of
apology and acknowledgement of responsibility made by Duch.
The Accused and the Co-Prosecutors appealed the Trial Chamber verdict to the
Supreme Court Chamber. In total, 41 Civil Parties, including 22 rejected Civil Party
applicants, also filed appeals against the Trial Chambers decision on their admissibility
and/or claims for reparations.
The Supreme Court Chamber held oral hearings in the appeals against the Trial
Chamber's judgment in Case 001 on 28-30 March 2011. The Supreme Court Chamber
announced its decision on appeals on February 3rd 2011.
Granting the appeal by the Co-Prosecutors, it quashed the 35-year sentence handed
down by the Trial Chamber on July 6 2010 and sentenced KAING Guek Eav to life
imprisonment (the maximum possible term under the law). By a Supermajority decision,
the Supreme Court quashed the decision of the Trial Chamber to grant a remedy in
form of reducing KAING Guek Eavs sentence witf five years due to time he has spent
illegally detained by the Cambodian Military. The Supreme Court Chamber also
dismissed Kaing Guek Eves appeal in which he alleged that he was not within the
personal jurisdiction of the court
The Supreme Court stated the Trial Chamber had erred in law by attaching insufficient
weight to the gravity of KAING Guek Eavs crimes as well as the aggravating
15
circumstances in this case, and that that too much weight had been attached to the
mitigating circumstances.
The Supreme Court Chamber also granted the appeal from 10 civil party applicants who
had been previously rejected by the Trial Chamber in the trial judgment. On appeal,
these Civil Parties substantiated their applications and were admitted as civil parties in
case 001. The Supreme Court Chamber also decided on appeals from civil Parties
related to the Trial Chambers ruling on their requests for collective and moral
reparations. The Supreme Court Chamber affirmed that the Trial Chambers decision to
compile and post on the ECCC website all statements of apology and acknowledgement
of responsibility made by Duch during the course of the ECCC proceedings.
Following the decision of the Supreme Court Chamber 3 February 2012, which partially
confirmed and amended the Trial Chamber Judgement as well as overturning the
decision on sentencing, Kaing Guek Eav has been found guilty pursuant to Articles 5, 6
and 29 (new) of the ECCC Law of the following crimes committed in Phnom Penh and
within the territory of Cambodia between 17 April 1975 and 6 January 1979:
Crimes against humanity
- persecution on political grounds,
- extermination (encompassing murder),
- enslavement,
- imprisonment,
- torture and
- other inhumane acts
Grave breaches of the Geneva Conventions of 1949,
- wilful killing,
- torture and inhumane treatment,
- willfully causing great suffering or serious injury to body or health,
- willfully depriving a prisoner of war or civilian of the rights of fair and
regular trial, and
- unlawful confinement of a civilian
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
16
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 reassessment 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 she is
currently under under judical supervision.
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 excution 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 evidenve 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. Both accused have said the will file appeals against the judgement.
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 against humanity
committed by the Revolutionary Army of Kampuchea on Vietnamese territory);
Forced
marriages
Internal
and
rape
(nationwide);
purges;
Centre
and
Phnom
Kraol
Security
Centre;
Thma
Tram
Dam
Kok
Worksite;
Cooperative;
18
19
The Colonial Prison in Kampong-Thom, Kampong Thom City, Kampong Thom Province
(purge of the Central Zone)
C) Pursat Province (North-West Zone)
Prison No. 8 in Sya Commune, Kandieng District
Tuol Pochrey Execution Site in Sre Sdok Commune, Kandieng District
Tuol Seh Nhauv Pits and Prey Krabau Killing Fields, Rumlech and Khnar Totung
communes, Bakan District, Pursat Province
Phum Veal Prison, Talo commune, Bakan District, Pursat Province
Svay Chrum aka Phum Thkaul prison and Boeng Bat Kandal aka Trach Kraol Prison,
Boeng Bat Kandal commune, Bakan District, Pursat Province
Chanreangsei Pagoda Execution Site - Kaun Thnoat or Cham Village mass graves and
wells, Rumlech commune, Bakan District, Pursat Province
Veal Bak Chunching execution site, Sre Sdok commune, Kandieng District, Pursat
Province
D) Battambang Province (North-West Zone)
Wat Kirirom Security Centre in Phnom Sampov Commune, Banan district
Banteay O Ta Krey Execution Site in Treng Commune, Ratanak Mondul District
Banteay Treng Security Centre in Treng Commune, Ratanak Mondul District
Wat Thoamayutt Security Centre in Moung Ruessei District
Wat Kandal Security Centre in the center of Battambang City
Wat Samdech Security Centre in Ta Pon Commune, Sangke District
Wat Po Laingka Security Centre in Kampong Prieng Commune, Sangke District
Thipakdei Security Office and Tuol Mtes worksite, Thipakdei commune, Koas Krala
Disitrict , Battambang Province
Phnom Tra Cheak Chet and Along Vil Breng, Ruessei Preah village, Chhnal Mean
Commune, Koas Krala Disitrict, Battambang Province
Sector 1 Security Office & Damnak Reang execution site, Banan village, Kanteu
commune, Banan District, Battambang Province
E) Banteay Meanchey Province (North-West Zone)
Wat Banteay Neang Security Centre in Banteay Neang Commune, Mongkol Borei District
La-Ang Phnom Kuoy Yum Execution Site in O Prasat Commune, Mongkol Borei District
Wat Chamkar Khnol Execution Site in O Ombel Commune, Sisophon District
20
2012
2011
2010
2009
7 September 2009
International Co-Prosecutor requests investigation of five additional
suspects
Opening statements in Case 001
Initial hearing in Case 001
2008
2007
2005
2004
2003
2001
1997
Pol pot
Nuon Chea
Khieu chea
Khieu samphan
Ieng sary
Son sen
Ta mok
Vorn vet
So phim
Ros nhim
Koy thuon
Ke pauk
Chan sam
Chou chet
Ieng thirith
May prang
22