The ECC’s Supreme Court Chamber upholds Khieu Samphan life sentence



Buth Reaksmey Kongkea 

The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) on September 22, 2022 upheld the life-conviction of Khieu Samphan for committing genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949 committed between 1975 and 1979 in Cambodia. 

Judge Kong Srim, the President of the Supreme Court Chamber, stated that Khieu Samphan, 91, the former Head of State of Democratic Kampuchea, was charged with “crimes against Humanity, Grave Breaches of the Geneva Conventions of 1949 and Genocide” the offences which are defined and punishable under Articles 4,5, 6, 29 (New) and 39 (New) of the Law on the Establishment of the Extraordinary Chambers as amended on 27 October 2004. 

He stated that Khieu Samphan is alleged to be responsible, through his acts or omissions (committed via a joint criminal enterprise), for having planned, instigated, ordered, or aided and abetted, or being responsible by virtue of superior responsibility, for the following crimes committed between 17 April 1975 and 6 January 1979: 

Crimes against humanity (murder, extermination, enslavement, deportation imprisonment, torture, persecution on political, racial, and religious grounds and other inhumane acts), Genocide, by killing members of the groups of Vietnamese and Cham Grave breaches of the Geneva Conventions of 1949 (wilful killing, torture or inhumane treatment, wilfully causing great suffering or serious injury to body or health, wilfully depriving a prisoner of war or civilian the rights of fair and regular trial, unlawful deportation or unlawful confinement of a civilian). 

He added that Khieu Samphan was arrested on November 19, 2007 after he had surrendered to the government in 1998. 




According to the ECCC’s documents, Khieu Samphan has been indicted and sent to trial for Crimes against Humanity, Grave Breaches of the Geneva Conventions of 1949 and Genocide, offences which are defined and punishable under Articles 4,5, 6, 29 (New) and 39 (New) of the Law on the Establishment of the Extraordinary Chambers as amended on 27 October 2004. 

The charges against Khieu Samphan have been separated (severed) into two trials (Case 002/01 and case 002/02). 

The initial hearing in the trial was held 27-30 June 2011, and the substantive part of the trial in Case 002/01 commenced with opening statements on 21 November 2011, and ended with final statements on 31 October 2013. The trial judgment was pronounced on 7 August 2014. 

Khieu Samphan was found guilty of crimes against humanity and sentenced to life imprisonment. On 23 November 2016, the Supreme Court Chamber quashed part of the convictions but affirmed life imprisonment for Khieu Samphan in Case 002/01. 



Trial hearings in Case 002/02 commenced on 17 October 2014. The presentation of evidence started on 8 January 2015 and concluded on 11 January 2017. 

Closing statements were held from 13 -23 June 2017. The trial judgment in Case 002/02 is expected in the second quarter of 2018. 

On 16 November 2018, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) convicted KHIEU Samphan of genocide, crimes against humanity and grave breaches of the Geneva Conventions of 1949. 

//END//

 

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