Civil Party Impact Statements: Trapeang Thma Dam
During today’s hearing at the ECCC, two Civil Parties gave their statements regarding their sufferings during the regime of the Khmer Rouge related to Trapeang Thma worksite. Sam Sak, who was first a member of a children’s unit, testified on working conditions in a mobile unit at Trapeang Thma Dam. Mean Loeuy, a former monk, told the Court about the killing of 12 of his family members as well as working and living conditions at the same dam.
Civil Party Impact Statement: Sam Sak
President Nil Nonn announced that in today’s hearing the impact statement of Civil Parties TCCP-993 and TCCP-994 would be heard in relation to the facts of Trapeang Thma worksite. The Trial Chamber Greffier confirmed the presence of all parties, with Nuon Chea participating from the holding cell.
Civil Party Sam Sak, born August 1st 1963 in Svay Thong District in Vietnam and currently living in Tao in Kirivong District, is a rice farmer and father of two children. The President informed Mr. Sak that he would be given the opportunity to express his emotional, physical or material harm which are the direct results of the crimes committed during the period of 17th April 1975 until January 1979 and which are alleged against the two accused Khieu Samphan and Nuon Chea.
The President gave the floor to Civil Party Lead Co-Lawyer Pich Ang, who handed over to Civil Party Lawyer Lor Chunthy. He first asked to clarify the birthplace of the Civil Party, since it was indicated in his identity card that he was born in Tao Village, Kirivong District. Mr. Sak replied tht he was born in Kampuchea Krom, but had been living in Kirivong District for a long time. When he became a soldier, he changed his place of birth to the birthplace of his wife. He did not want them to find out that he was originally a Khmer Krom, which is why he changed it to Khmer Leu.
Before April 1975, Mr. Sak lived in Phnom Penh in the vicinity of the Olympic Market. On 17th April, the Khmer Rouge evacuated his family. After passing through various places, including Ou Baek K’am Village, Svay Sisophon District, and Phnum Srok district, he and his family arrived at Nam Tau Village in Samraong Commune.
There, he was assigned to work in a children’s unit to collect cow dung. Subsequently he was sent to a children’s unit. All the children in the children unit there were 17th April people. Their task was to clear the forests to make a vegetable farm.
As regards food rations, ten children were given one can of rice in the beginning. Thus, they had to cook it as gruel. Later, the situation worsened: first one can of rice for 20, and then for 30 children. They supplemented their food with morning glory. Even later, they were only given rice bran, which had worms in it. They boiled and grilled it. This is why many people became sick. There was no medical treatment and sick people were not sent to the hospital. The medicine that was given to them was a rabbit-pellet-like pills that were given to all illnesses. He was by himself without any family members, since these were sent to work in the cooperatives.
Transfer to a mobile unit at Trapeang Thma
Mr. Sak decided to leave the children’s unit and join a mobile unit, since the members of the mobile unit were given gruel, whereas the children were only given rice bran. Thus, he worked at Trapeang Thma worksite in a mobile unit. He was the youngest member of the mobile unit. He was asked whether he was able to work in the mobile unit, because he was so young. He was assigned to cut wood and then transport it on an oxcart to the kitchen.
According Mr. Sak, some mobile unit members envied him for doing this task. As a result, he was reassigned to carry soil. Since he was so young, he could not dig the ground, and only carry it. There was a daily quota. Due to overwork, he became sick and got fever. However, he did not dare to stop working. He collapsed and started working immediately once he recovered. He was scared of being accused of having the imaginary sickness. There was a saying that there was an imaginary sickness: if you could eat, you could work.
He did not think that he could survive the regime. If he “verbally made a mistake,” he would be taken away and killed. Thus, he did not dare to say anything and pretended to be a dumb and deaf person. The Trapeang Thma worksite was considered a “hot battlefield”. He had to work regardless of rain, sun and thunder. Every morning at four or five, they were woken up and had to work until 11 am. After a short lunch, they resumed work at 1 pm until 5 pm. Then, they had another short break. It took “quite a while” to go back to the sleeping quarters where they had dinner, before they started working from 7 pm to 10 pm. They were given gruel in a small bowl. It was not enough for him.
One day, Sunchan Taya, a colleague at the time, stole Mr. Sak’s food ration when he was gone to collect leaves. When Mr. Sat noticed this, he started weeping. He told his unit chief, after which Sunchan Taya was beaten. He felt pity for him. However, they were not taught to be in solidarity. If they could not fulfill the work quota, their food rations would be reduced.
There were criticism and self-criticism sessions.
Living Conditions
One time, he fell sick and there was no proper medicine; he was given the rabbit dropping pellets. His knees were big, he was trembling and he had fever.
His clothes were full of lice and smelly. There was no soap or detergent to clean their clothes. They did not have time to wash themselves. They used their earth baskets as their pillows and hoes as bolsters. They were sleeping directly on the ground. “It was a terrible situation. It was so painful for me. I was seriously mistreated, since I was considered a 17th April Person”. He went on: “They hated so much the 17th April People, because [they] were said to be capitalists.” The 17th April People only possessed one set of clothes, because they were told that they could return after three days. There were no blankets. During the winter season, they had to burn things to warm themselves. Sometimes they would get burned because of the amber. Some of the people got killed by the amber.
Mr. Chunthy inquired whether Mr. Sak received the same work quota as others upon his arrival. Mr. Sak answered that the work quota was the same irrespective of someone’s age. If they could not fulfill the quota, the food ration for the whole group would be reduced. This food ration would be given to other groups who had fulfilled their quotas. He stated that he felt sad in the beginning when he could not fulfill the work quota. Later, he could achieve the same quota as adults.
At the time in the children’s unit when they were given a rice-can for thirty people, he collected fish bones and the skin of toads and frogs to eat. He was reprimanded when he collected the water that had been used to rinse rice.
Turning to his next question, Mr. Chunthy asked whether he could communicate with his family members when he became a member of the mobile unit, which Mr. Sak denied. However, one time, he had permission to visit his older siblings. The next morning, he returned to the worksite. His older brother[1] advised him not to talk freely and not to say anything.[2]
During his time in the mobile unit, there were many incidents. People were taken away and killed. At the time, he did not know why these people were taken away and killed. While working at night, the halls where they slept were quiet after 7 pm. However, there were people who checked that no one was leaving the hall.
Some people were sick and others had night blindness. The night-blinded people were guided to a container that was used as a latrine. One night, the night-blinded people were guided there. Those who did not have night-blindness jumped over the pit. The others who actually had night-blindness fell into the latrine or pit. The latter ones could survive, while the former disappeared “one after another.”
Asked how he felt during that period, Mr. Sak told the Court that “it was a terrible experience”. He was afraid for his life. In his view, he was lucky at the time not to have night-blindness and only contracted fever and swollen knees. He had two kinds of diseases: the “swollen disease” and fever. There was no medical staff or doctors to treat the workers. However, they could ask the unit chief for medicine. There was no modern medicine, and only rabbit pellet drops.
Mr. Chunthy then asked whether Mr. Sak had been educated during his time in the children’s or mobile unit, which the Civil Party denied. During the regime, he did not receive any education. Children were educated how to cut trees and how to pick up cow dung. There was no school at the time.
Mr. Chunthy further inquired why the Civil Party’s older sibling advised him not to reveal his background. Mr. Sak replied that his older sibling had been well-educated. Her husband held a senior position in the former regime. She advised him not to mention the background of their family, because “she understood that there were people who had been taken away and killed.” His older sister survived the period. During the regime, his sister had divorced her husband already. Her husband held a senior position in the previous regime and had been a soldier at Net Leung.
Asked whether he had lost any relatives, Mr. Sak said that his aunt or uncle died. His or her whole family died. His mother’s younger sibling was a colonel in the former regime. The whole family was also taken away and killed, and only one member of his or her family survived. His mother lost her life. Later, the Civil Party’s uncle raised him and his siblings in Phnom Penh. His uncle Chao Sao was a minister in the Lon Nol regime and provided support to Mr. Sak’s older siblings to receive high education. He was killed by the Khmer Rouge. Mr. Sak suffered greatly because of the killing of his uncle. Two of the Civil Party’s brothers disappeared together with their uncle. He had never seen them again.
Mr. Chunthy inquired how Mr. Sak felt when remembering the period. Mr. Chunthy said that he had lost his aunts, uncles, nephews and other relatives. He stated that he felt terrible for the loss of their lives, including his mother’s life. They died under the hands of the regime. “Nothing was as painful as the loss of their lives.” According to Mr. Sak, the regime destroyed the future of his family. They deprived them of education. This is the most painful thing in his life.
Asked about his “true feeling” relating to Trapeang Thma Dam, Mr. Sak replied that he overworked while working in the mobile unit, he never had enough sleep and the food was never sufficient. “Nothing could describe such a horrible situation.” Sometimes, he would have given his life in exchange for a bowl of rice and chicken. His life could be regarded as the life of an animal. They did not know the benefit or the purpose of the dam. They tried to survive on a daily basis. He kept doing what he was asked to do. He never knew what would happen next.
Mr. Chunthy asked whether he could describe “how painful such a feeling was” of not knowing what would happen. Mr. Sak said that this feeling must have been the same for all workers, since they were all 17th April People. A few people would monitor them.
Questions to the Accused
Turning to his last point, Mr. Chunthy asked whether Mr. Sak had any questions that he wished to ask the accused.
His first question was related to the role of children during the Khmer Rouge regime. “During the Khmer Rouge Regime, they said that they considered children as pillars of the country. Why did they deprive education from the children? And instead, why were they forced to cut […] trees and collect cow dung, and why were they deprived of food and only one can of rice was given to 30 children?” His second question related to the production of rice: they had to produce three to four tons of rice per hectare. “Why were the yields not given to the people?” Third, “they said that “it was a great leap forward” – if this was the case, why was no machinery used to build the Trapeang Thma Dam” but was built manually instead?
The President informed the Civil Party that the two accused had not waived their right to remain silence. Thus, the Chamber could not compel the accused to respond to the questions.
Back to Working Conditions
After the break, the President gave the floor to the Co-Prosecution. National Deputy Co-Prosecutor Seng Bunkheang started his line of questioning by asking about the composition of workers at Trapeang Thma Dam worksite.
The Civil Party replied that most of them were adults. The age range was between 16 and early 40s. Most members were 17 April People. When asked about the number of people working at Trapeang Thma Dam, Mr. Sak stated that he could not give an estimate: there could have been thousands or even millions of people. The quota was around two or three cubic meters of soil per day. In the beginning, they received three cubic meters. Later, when they had to carry he soil further, it was only two cubic meters. Only few of the people could not complete the work quota. If this happened, they were asked to attend the criticism and self-criticism meetings, where they were advised to finish the work quota. Mr. Sak did not know what happened if someone could still not complete the work quota after having been called to attend a criticism and self-criticism meeting.
Turning to the next question, Mr. Bunkheang asked whether Mr. Sak had been invited into a self-criticism meeting himself, and how long these meetings lasted. Mr. Sak replied that he attended one criticism and self-criticism session in a group with six people. He was criticized because he had not fulfilled the quota during the day and was advised to fulfill the quota. After the criticism by the other person, he had to “admit the mistake” and state that he would fulfill the quota. The upper echelon instructed self-criticism sessions to be held.
He never saw anyone injured at the worksite. Within his mobile unit, there was not enough food and not sufficient sleep; some people fell sick. They had various diseases: Some people had fever, some had the “trembling disease”, and some others had malaria. Some sick people died.
Mr. Bunkheang then inquired about working times at the dam. There were three working shifts: from 4 or 5 am until 11 am, from 1 pm to 5 pm, and from 7 pm to 10 pm. During the breaks at 11 am and 5 pm, they received food.
Turning to the topic of water, Mr. Bunkheang inquired whether there was clean water available. Mr. Sak replied that there was no clean water and it was not hygienic. He had to use his shirt as a filter in order not to drink insects that were in the water.
Mr. Sak did not know who his unit chief was. He knew that Ta Val had overall supervision over the dam.
As a last question, Mr. Bunkheang asked whether any senior leaders visited the dam worksite. There were visits “by the leadership”. Chinese delegations came to visit. The Chinese were in black clothes and had fair complexion. Those who were working close to the place where the Chinese Delegation was walking could recognize the people, but Mr. Sak was too far away. He did not know who accompanied the delegation.
At this point, the President gave the floor to the International Defense Counsel for Nuon Chea Victor Koppe.
Clarifications of the Civil Party Application
Mr. Koppe turned back to the topic of change of birthplace, and asked why he did not want them to know the original place of birth. Mr. Sak replied that he changed his biography but still used the same name. He moved to live in the “upper land of Cambodia.” He said that he did not want other to know about his background from Kampuchea Krom. Pressed on the reasons for this, Mr. Sak replied that “if something happened to me when I was a soldier, my wife could stay in the country.”
Mr. Koppe moved on and asked whether Mr. Sak had been living close to the Olympic Market on 17th April of 1975, which Mr. Sak confirmed. Mr. Koppe then asked where he kept the “cows and buffalos that you were having”, to which Mr. Sak asked replied that “in Phnom Penh town no one raised cows and buffalos.” Mr. Koppe then referred to the Civil Party application, where Mr. Sak had asked for compensation of his “house, cows and buffalos” Mr. Sak replied that he did not ask for reparation in the form of cows and buffalos. “I was quite young at the time.”
At this point, Mr. Pich Ang intervened and asked Mr. Koppe to give references, which Mr. Koppe did.[3]
Mr. Koppe moved on and referred to a part of Mr. Sak’s Written Record of Interview[4], where Mr. Sak had stated: “As for the Chinese, they died until entire villages went silent.” Mr. Koppe asked what the Civil Party meant with this. Mr. Sak explained that when he arrived at the Samraong village, there was a nearby village, where many Chinese people lived. Many of these Chinese people and a number of whole families died. The main cause of their death was a lack of food. They were Sino-Khmers and not pure Chinese. According to Mr. Sang, “You could consider them Chinese within the 17th April People”. They had fairer complexion than Khmer people. They were not killed. They were treated the same as the 17th April People, but were placed in a village “that looked like a graveyard”. Their working conditions were the same as for other 17 April People. Pressed on the issue, Mr. Sak stated that “we were all mistreated.” The work quota was the same for Khmer and Chinese people.
Moving on to the issue about hospitals and medicine, Mr. Koppe referred to another document[5], where the Civil Party had stated that many people died due to the lack of hospitals, medical staff and medicine. Mr. Koppe asked whether this referred to 1975 or whether there were also no hospitals when working at the dam site. To this, Mr. Sak replied that there was a hospital in Samraong District, but there were no patients there – the only medicine they had was rabbit drop like pills. Mr. Koppe rephrased his question, asking whether some people who got sick at the worksite were sent to a hospital and got better. Mr. Sak replied that he did not know. Mr. Koppe asked whether it was correct that there was a hospital in Phnom Srok distrct, to which Mr. Sak replied that he did not know, since he was mostly at Trapeang Thma Dam in Samraong District. Mr. Koppe then referred to Mr. Sak’s Written Record of Interview, where Mr. Sak had been asked whether there was a hospital in Phnom Srok District, which he had affirmed.[6] Mr. Sak confirmed having said this, but said that he never went there.
Mr. Koppe then asked whether Mr. Sak knew anything about the food rations of the special mobile unit at Trapeang Thma Dam. Mr. Sak answered by indicating the food rations in his mobile unit. He did not know about the food ration of the so-called Special Mobile Unit. This prompted Mr. Koppe to refer to question 54 of Mr. Sak’s Written Record of Interview, where he had been asked about the Special Mobile Unit and about food rations. Mr. Sak clarified that they were given rice during the harvest season.
Turning to the topic of the Chinese delegation and Ta Val being in charge of the worksite, Mr. Koppe inquired how many months Mr. Sak had been working at the dam site. The Civil Party replied that he worked in the mobile unit at the Trapeang Thma worksite in 1977 and remained there until the fall of the Khmer Rouge regime. He fled the Trapeang Thma dam to find his siblings in Samraong District. Mr. Koppe said that there was evidence suggesting that the work at the dam was finished after two to three months, having started in February 1977. He then asked what exactly he had been doing after the dam was finished.
Mr. Farr objected to this line of questioning, as long as this was phrased in a way that construction work had stopped after May 1977, since there was also evidence that construction continued at least through dry season of 1978.
Mr. Koppe rephrased his question and asked whether it was correct that Mr. Sak had worked at Trapeang Thma only for a few months and not for years or one and a half years.
Three Phases at Trapeang Thma Dam
Mr. Sak replied that he was working in three phases: First, he worked near the base of the dam. Second, he worked near the First Bridge. Third, he worked at the water sluices. When the Khmer Rouge regime fell, he was at the third phase.
Mr. Koppe then asked whether Mr. Sak continued carrying soil through all three phases. Mr. Sak replied that when working at the First Bridge, the bridge construction itself was not fully completed. He was then working at the rice farm in the dry season, although the dam was not finished yet. Mr. Koppe asked to clarify whether he was also carrying soil when working at the bridge, which Mr. Sak confirmed. However, he was reassigned to work at Spean Sreng Dam later.
Mr. Koppe further inquired whether the Civil Party had seen people dying from starvation or overwork at the worksite itself. Mr. Sak denied this, stating that he saw people disappeared. It was the lack of food that led the people to become sick, become emaciated and to become swollen and to eventually die. Mr. Koppe then asked whether they were not sent to the hospital first and Mr. Sak did not see them dying. Mr. Sak confirmed this.
At this point, Mr. Farr clarified that as regards the issue of buffalos and cows, the document referred to by Mr. Koppe[7] was not the actual Civil Party Application, but the report on the Civil Party Application. This report seemed to be inconsistent with the actual Civil Party Application[8], since it is not stated there that Mr. Sak lost his cows and buffalos.
International Defense Counsel for Khieu Samphan Anta Guissé took the floor. She asked for clarification regarding the time he had worked at Trapeang Thma Worksite. He answered that he could not tell her the dates of his transfer and relocation. Ms. Guissé interrupted the Civil Party, referring to his interview[9], where had stated that he started working at Trapeang Thma Dam in 1977. Mr. Sak confirmed this. He started working there in the dry season. He further confirmed that he stayed there until the end of the regime.
Ms. Guissé then asked who he made the request to be transferred from the children unit to the mobile unit, which Mr. Sak could not recall. Ms. Guissé then asked whether he made this request to the chief of his children unit, to which Mr. Sak replied “perhaps so.” The request was made through the children’s unit chief. He did not know who his group chief was at the mobile unit, and could only remember that this was a male Base Person. There were only men within his group. However, there were also women at the site in general. Most of the workers in his group were married men. He confirmed that the quota was two to three cubic meters.
Ms. Guissé then referred to a report[10], where it had been indicated that they were assigned to dig five cubic meters per day. Ms. Guissé asked whether he ever told anyone that the quota was five cubic meters. Mr. Sak replied that he could not recall this.
Ms. Guissé then asked whether he had any personal interaction with Ta Val. Mr. Sak replied that he did not dare to look at his face, but heard of his name. He had never seen him. She then asked who checked whether he had completed the work quota. Mr. Sak answered that it was unit and group chiefs, and they would make daily reports. If he lied to them, he would be in danger. Asked about the exact procedure of checking the quota, Mr. Sak answered that there was no measurement tape. The pole of the hole was used to measure the quota that they completed. Mr. Sak stated that the group chief was not responsible for the food ration – the group chief supervised the workers.
At this point, Lead Co-Lawyer Ms. Guiraud said that it appeared that Defense Counsel had made a mistake by referring to a report on a Civil Party application: the one Ms. Guissé referred to was actually the next civil party application.[11]
Back to Work Quotas
After the break, the floor was again given to Defense Counsel for Khieu Samphan Anta Guissé. She turned back to the issue of quota, where the Civil Party stated that they had to transport one cubic meter during the day and no quota at night.[12] She asked him whether this version was correct or the one of his statement this morning, where he had testified that they had to transport two to three cubic meters per day.
Mr. Sak stated that his statement of three cubic meters was correct. During the dayshift, they worked by quotas and specific hours. For the night shift, no quota was imposed, but they continued working until 10 pm. Ms. Guissé asked that it seemed that day workers and night workers were not the same, and that these working hours were subject to work rotation. Mr. Sak replied that there was no shift change.
Ms. Guissé then inquired whether he continued doing the same work during his time at Trapeang Thma worksite. He replied that he worked there until the day where he escaped to look for his sister. By the end of the regime, the construction was not fully completed. He worked there in phases, as indicated before.
When Ms. Guissé asked whether he carried earth the entire time while working at the dam, Mr. Sak replied that when he completed to work at the dam site, he was assigned to work at rice farming during the dry season in the vicinity. He confirmed that he stopped carrying work and that he was assigned to do agricultural work instead. He confirmed that upon his arrival at the worksite, he had to deliver firewood for the question. Children’s units were not allowed to work at Trapeang Thma worksite. He further affirmed that no one else except his unit chief was responsible for watching over him.
Mr. Guissé then asked whether the purpose of the dam was discussed during the meeting that the Chinese Delegation attended, which Mr. Sak confirmed. He stated that they had to accomplish the work plan set by Angkar. They made this announcement during the anniversary of the 17th April day.
Turning to her last question, Ms. Guissé asked about Chao Ni who was mentioned as a witnessin his Civil Party Application[13]. He replied that Chao Ni was his older brother-in-law who is married to his older sister.
A New Impact Statement: Mean Loeuy
At this point, the President thanked the Civil Party and dismissed him. He then called in Civil Party TCCP-994. Mean Loeuy was born on 22 December 1954 in Thnal Dach, Srah Chik Commune, Phnom Srok district, Battambang Province (currently Banteay Meanchey province) and is a rice farmer.
Mr. Pich Ang took the floor, stating that Mr. Loeuy had had tooth ache, which might affect the proceedings. Civil Party Lawyer Sin Soworn started the questioning of Mr. Loeuy by asking what he had been doing before 17 April 1975.
Mr. Loeuy had been living in his home village, before becoming a monk at a Bau pagoda in 1972. Then he studied at a pagoda in Preah Net Preah Disitrict. In 1975, he returned to Bau pagoda in Phnom Srok District. While he was still at the pagoda, the Khmer Rouge took control. There were around 20 monks at the pagoda at that day. There was a meeting for all sub-districts, where it was announced that all former Lon Nol ranking soldiers should congregate at one place. The Khmer Rouge who were the messengers of the district chiefs insisted they had to leave the monkhood. Mr. Loeuy wanted to remain in monkhood and did so until July, before he decided to leave the monkhood.
One monk insisted that he did not want to leave the monkhood “as he wanted to search for the Buddhist enlightenment” was sent to Nam Tao Village month later; from that day, they did not “hear from him since” anymore. In 1979, it was said that there was a funeral held for a monk who was killed. When leaving monkhood, Mr. Loeuy worked at the village as an ordinary villager to farm.
In late 1976, he was sent to Trapeang Thma Dam by his village chief. He was part of a 100-person unit; Yan was the chief of his unit. His group was working close to Bridge Number 1, and then they were relocated to the North of this bridge. The working conditions were difficult. They woke up early in the morning, before being allowed to take a very short rest at 11 am. The daily quota consisted of three cubic meters per day. He heard that a person called Val was responsible for the whole dam. The 100-person unit chief assigned work quotas.
When arriving at Trapeang Thma Dam, he first worked at Bridge Number 1. After this, he built the dam from Kong Siem to Kaun Khlèng. People from different units joined them. There they also received three cubic meters of soil every day. Asked what happened if he failed to fulfill the work quota, Mr. Loeuy stated that they were “invited to be in criticism sessions.” If they did not correct their mistakes, they “would be in trouble.” If they were criticized for a few times and still failed to meet the work quota, they “would disappear” or “taken away for re-education.” He did not witness any disappearance. Some people fell sick and could not go to work. They were accused of having the so-called imaginary disease. They disappeared the following day in the morning, there was no news concerning these peoples. Mr. Loeuy confirmed that he worked hard to prevent to disappear.
While working at Trapeang Thma worksite, he did not have sufficient food. Initially, they had cooked-rice sometimes. Later, they had thick gruel. They received only a small bowl of food. They were weak and afraid. He heard that “monks are leeches, sucking blood.”
Ms. Soworn then asked whether Mr. Loeuy was happy to work at Trapeang Thma, which Mr. Loeuy denied. If they had not followed the directions of Angkar, they would have been killed.
Turning to the topic of health, Ms. Soworn asked whether there was any medicine or medical staff to treat the sick workers. Mr. Loeuy denied this. However, they reported this to the chief. Subsequently, the medic would come with a bag and rabbit dropping pellets were given to any kind of disease.
Forced Marriages
Ms. Soworn then asked whether Mr. Loeuy had witnessed any forced marriages, which he denied. The Civil Party himself got married while working at TT. His squat chief told him that the marriage would be held for him. He got married. There were 63 couples at this marriage. The couples included Base People and evacuees from Phnom Penh. However, the Base People could not marry New People. Mr. Loeuy was “a bit afraid.” They were told to sit in the middle. There was a table with a flower on it. Representatives, perhaps from the cooperatives, chaired the marriage. The marriage was held at 8 pm or 9 pm. During the marriage, it was announced that the 63 couples had to respect the line of Angkar and that the couples had to hold hands. They were told to achieve three tons of rice per hectare. In the marriage, some couples did not know each other in advance, and after the marriage they could not find their spouses.
Mr. Loeuy originated from the rural area. However, the arranged marriage “was not what I wanted.” They were allowed to rest for seven days, after which they were sent to work at an area behind Bridge Number 3 to build the dam and dig a channel. All 63 couples were sent there. Married men and women had to sleep in different places. After having completed the canal, husbands and wives could only meet each other during the meal time. They were then relocated to the east of Spean Sreng. While working in that segment and having left Trapeang Thma Dam, they were allowed to stay together with their spouses. One day there was heavy rain due to heavy rain, so their forces were relocated to Trapeang Thma.
Turning back to the topic of marriage, Ms. Soworn asked the Civil Party whether he loved his future wife. He stated that he after the marriage, “he had to love [his] wife.” Mr. Loeuy confirmed that they consummated the marriage after the wedding. He and his wife do not live together. After leaving to the cooperatives for work, Mr. Loeuy was assigned to do rice farming at Val Rolumthom in Spean Sreng Commune. During the rainy season, his father-in-law was taken away to be killed, because he was accused of having been in charge of fifty houses during the Lon Nol Regime. Thus, they were sent to Kok Krol. Men were assigned to harvest and women were working close by.
The Death of Twelve Relatives
In 1977, 13 of his relatives were sent to Phnom Srok district hall. When returning from work in the evening, he was told that his relatives had left to look for family members. He did not believe this and followed them. When arriving at Bau Village, he was told that his family members had been arrested and sent to Phnom Srok district hall. He knew that arrest meant that they would be killed. His remaining family members prevented him from going to Phnom Srok District hall.
All these relatives had been killed. The two-year-old child was also killed. Only one of the 13 could survive. His neighbors told him that his family members had been taken away and killed. His wife was among the 13 relatives. He did not know whether she was pregnant. One sibling of his wife was also there. Amongst the 13 relatives were his aunt, two older brothers, the two-year-old child, a five-year-old child and other relatives. The children’s throats were cut. In the morning, his neighbors helped him to leave the place to the forest. He reached the cooperative and was asked where he was going. He told them that he was looking after his sick relatives. “I was clever at the time.” There were three people trying to escape. His younger brother, who was among the 13 people who had been taken away and kill, could escape.
“I feel lost. I feel unhappy. Everyone in this world wants to leave.” He was trying to escape to leave Spean Sreng and left for Siem Reap.
Ms. Soworn asked whether he could tell the Court about his suffering, in particular about the death of his relatives.
“It has been over 30 years. I have never forgotten the suffering even for a brief moment. Although I remarried a new wife and have 6 children, I still love and miss my wife ” He holds Buddhist rituals to commemorate his former wife’s soul annually [..] “People were killed like animals.”
When returning from Siem Reap, he went to see the dead bodies of his family members. The bodies remained at the place, so he saw the children’s throats cut – the 12 bodies had remained there.
He stated that he had a request and a proposal. He asked the chamber to sentence the accused to life and place them in a dark prison. He requested reparations as indicated through his lawyer.
As for questions, he put forward the following question: “Nuon Chea and Khieu Samphan were leaders of the Democratic Kampuchea Regime, and during the period from 17 April 1975 to the 6 January 1979, you cut off all communications with outsiders and oversea countries. Nuon Chea and Khieu Samphan stated that during the regime you had eyes as many as a pineapple’s eyes, how come you didn’t see the suffering of the people and how many people starved to death. And why were people forced to marry in a flock like kettle, and why did you force them to marry and separated them afterwards one from another?”
At this point, Mr. Kong Sam Onn made the observation that the questions by the Civil Party, stating that the request by the civil Party to put the accused in a dark prison for life sentence was not according to the law.
The President informed the Civil Party that the Chamber had not received a waiver of the accused’s right to remain silent. He could therefore not compel the accused to answer questions.
Emotional Impact of Working at Trapeang Thma on the Civil Party
After the break, Senior Assistant Prosecutor Travis Farr took the floor. He asked whether the Civil Party learned that his wife was pregnant later, since he had stated that he did not know whether she was pregnant. Mr. Loeuy replied that he did not know whether she was pregnant or not.
Mr. Farr then turned to the topic of emotional conditions and asked what emotions the Civil Party felt while working at Trapeang Thma Dam. Mr. Loeuy replied that he never felt happy after that. He missed the times that he was together with his wife. “It was the happiest time that I had with her as a husband and wife”, even though this time was short. During the time that he stayed at Trapeang Thma worksite, he could “not even imagine that he could survive.” He could not know what could happen the next day. There was no “single day that I felt happy. The concerns and the worries and the fear” always stayed with him. Asked how often he thought about this time, Mr. Loeuy replied that until the present times, the memory is with him. When he attended a religious ceremony, that feeling subdued. “I tried meditation.” Without this, this feeling remained with him every day.
Mr. Farr then asked about the topic of disappearances. Mr. Farr asked whether he ever heard them say “to keep them is no gain, to lose is no loss” in reference to those people who were sick or could not fulfill the work quota. Mr. Loeuy stated that it was the group unit chief who said this at the worksite every time when there were more sick workers.
Returning to the topic of criticism and self-criticism meetings, Mr. Farr inquired who organized these and what they said during those meetings. Mr. Loeuy replied that the unit chief called them to the meetings. For instance, in a group of ten workers, they as a group would be called to attend such a meeting. They would be criticized for not having been working hard enough and that they had to be more active. At this moment, they also said the phrase that to “lose them is no loss”.
Regarding enemies, carrying a baskets and hoes had to be kept at the right place. If one basket was lost, one individual would be accused of being an enemy. The same applied to breaking hoes. The unit chief checked the equipment and monitored the tools.
He had never seen any militiamen at the worksite. Nor had he heard about anyone having attempted to escape. He never saw anyone being mistreated at the worksite. He was responsible for carrying the earth. The distance between the middle of the road and Bridge Number 1 was around 100 meters. With time, the dam got higher.
As for working hours, they had to start working when the sun rose. They took a short break at 11 am and resumed work from 1 pm to 5 pm, after which they had another short break. After this, they again worked from around 6 pm until 10 pm. This happened when the dam was broken, so they “had to work on the offenses” to repair the dam. In September, “the flood situation was high” and they had to work hard to build the dam.
Asked about his hardest experience, he stated that the work was very hard mentally and physically.
Questioning by Defense Counsels
The floor was then given to Nuon Chea Defense counsel Victor Koppe, who started his line of questioning whether Mr. Loeuy had ever witnessed anyone being killed at the dam, which the Civil Party denied. Neither did he see anyone being injured in a work accident. Nor did he see anyone being arrested at the dam. Mr. Loeuy stated that he never got beaten or mistreated. However, he confirmed that he fell sick: he had fever. Whenever he fell sick, he would tell his unit chief, who allowed him to rest. He never witnessed an incident where a sick worker was brought to the hospital, nor had he heard of this.
Mr. Koppe then inquired why the unit chief stated “to keep you is no gain etc”, while still allowing Mr. Loeuy to rest when being sick.
Mr. Loeuy replied that he always completed his work that he was assigned to, so he could rest sometimes when being sick. Asked who this proverb was addressed to, Mr. Loeuy stated that it was generally announced for everyone in the meeting.
Night-work was not permanent, but only took place when they were told “to be on an offensive”. The woman Mr. Loeuy married was not working at the dam site. Some of her relatives worked there, however.
Mr. Koppe then inquired who “Ret and Oeun” were. Mr. Loeuy replied that Oeun was the district chief, while Ret was the militiaman on the district level. The Civil Party did not know them personally, however. Mr. Koppe then referred to his Civil Party Application[14], where Mr. Loeuy had stated that these two people were responsible for the crimes. Mr. Loeuy replied that his family members had been arrested under the responsibility of these two individuals. “The arrest had nothing to do with the work at the dam site,” since they had been arrested while harvesting rice.
Mr. Koppe then asked what the Civil Party meant by saying that King Samdech Norodom Sihanouk was responsible for creating the Khmer Rouge. Mr. Loeuy replied that there had been an appeal by Sihanouk to “go to the jungle”, after which there were Khmer Rouge. With this, Mr. Koppe finished his line of questioning.
Ms. Guissé took the floor referring to reports, including his Civil Party application and asked whether it was true that he had stated that three cubic meters had to be fulfilled.
Civil Party Lead Co-Lawyer clarified that the report was based on the Khmer version without interaction with the Civil Party.
Ms. Guissé referred to Mr. Loeuy Civil Party Application[15], where he had indicated that the quota was five cubic meters. She then asked whether this was an error and the quota had been three cubic meters. Mr. Loeuy clarified that it were three cubic meters.
Ms. Guissé then asked whether he had learned about his relatives’ deaths in 1979 after the Vietamese arrived. Mr. Loeuy denied this and stated that he knew it the same day they had been arrested. However, one of his younger relatives told him in late 1979 that his wife’s throat had been slashed.
At this point, the President adjourned the hearing. Tomorrow, the key document hearings will be heard. First, the Co-Prosecutors and Lead Co-Lawyers would be heard. The President thanked Mr. Loeuy and dismissed him.
[1] Later during his testimony it became apparent that this was actually a sister. [2] At a later stage during the hearings it seems that he had been advised not to reveal his family’s background. This seems to have been lost in translation. [3] D22/3209/1 at 00562491 (ENG) “the applicant requests to be compensated for the loss of his cows, buffalo and house.” [4] E319/19.3.10, Question and answer 146 [5] E3/5033, at 00919930 (ENG ) 00922767 (FR) 00562499 (KH) [6] Question 30 [7] D22/3209/1 [8] E3/5033 [9] E319/19.3.10, Question 99 [10] E319/27.4.109/1, at 01031297 (ENG) [11] E319/27.1.4.019 [12] E319/19.3.10 [13] E3/5033 at 00562496 (KH) [14] D22/1934 [15] E3/4889 at VIS: 00595211 (FR) 005404546 (KH ) 01061251 (ENG)