ERN>01647569</ERN>

ERN>01647569</ERN> D362 6 2 ANNEX 2 Considerations on Civil Party Annexes H l and H 2 vss Full Name of The Reasoning of the International Judges Consideration Reference Civil Party Regarding Alleged International Co on Number Applicant Investigating Judge’s Error Admissibility of Application 16 VSS HAY Chou The International ~~ Investigating Judge The 00048 appears to have relied on an incorrect English International translation In the Khmer original document Co the applicant wrote “My mother CHHAY Investigating Sam never had enough food to eat and lost Judge erred many relatives Worked very hard to The Civil complete the assigned tasks” suggesting that Party the applicant’s mother and not the applicant application herself performed the hard labour described D5 1891 is Thus her identification stating that she was admitted born in July 1979 is not improper identification Moreover the fact that the applicant was born after the DK period does not preclude her from Civil Party status at this stage As the International ~~ Investigating Judge noted Civil Party applicants may plead the issue of transgenerational harm—and whether this satisfies the requirement of causality—in more detail at the trial stage See Order on Civil Parties International D362 para 33 footnote 48 15 VSS CHHIM The International ~~ Investigating Judge The 00038 Noeun committed an error The facts described by International the applicant are within the temporal and Co territorial scope of the case file The crimes Investigating described by the applicant occurred “[ajltcr Judge erred 1976” in Stoung District Kampong Thom The Civil Province In particular the applicant suffered Party harm from forced evacuation and the murder application of her father who was accused as a “traitor” D5 1754 is admitted 16 VSS CHIN Suong The International ~~ Investigating Judge The 00042 committed an error The applicant described International the arrest and murder of his uncles in Co Kampong Thom Province “at the end of Investigating 1976” This crime is within the temporal and Judge erred Considerations on Appeal against Order on the Admissibility of Civil Party Applicants— Annex 2 ¦IWk ~ ERN>01647570</ERN> D362 6 2 territorial scope of the case file The applicant The Civil thus should have been admissible Party application The other crimes described by the applicant D5 1885 is including forced transfer and enslavement of admitted the applicant in Kampong Thom Province in 1975 death of his parents in 1975 and murder of his uncle in 1975 fall outside of the temporal scope of the case file 16 VSS CHUON The applicant described crimes against The 00044 Oeurn herself and her husband occurring in application is Kampong Thom Province in 1975 The inadmissible applicant also described the murder of her The brother in law in 1976 without further International specification Co Investigating Considering the above the applicant has not Judge’s established that this falls within the temporal decision is scope of the case file It was not unreasonable affirmed for the International ~~ Investigating Judge to conclude that the victim did not establish that it is more likely than not to be true that she suffered as a consequence of the crimes charged 12 VSS KRY Loeng As the International ~~ Investigating Judge The 00432 explains the applicant described events application is committed in Kampong Speu Province inadmissible which are outside the territorial scope of the The case file International Co Investigating Judge’s decision is affirmed 16 VSS LY Srorn The applicant has provided inconsistent facts The 00014 regarding the evacuation of herself and her application is family In the Victim Information Form the inadmissible applicant stated that in 1975 her family was The evacuated from Andoung Pou Village to International Ampil Khanhanh Village in Kampong Siem Co District Kampong Cham Province and was Investigating forced by the Khmer Rouge to work 10 days Judge’s after she gave birth The applicant asserted decision is that she worked until 1979 affirmed The supplementary information from the applicant however provides a different Considerations on Appeal against Order on the Admissibility of Civil Party Applicants—Annex 2 20s ERN>01647571</ERN> D362 6 2 account Herein the applicant stated that she and her husband lived in Phnom Penh in 1975 and after 17 April 1975 the Khmer Rouge evacuated the applicant her husband and their 7 month old child from Phnom Penh to Amlang Kampong Speu Province where she was ordered to work The applicant also described events in Trapeang Chour Commune Kampong Speu Province In light of the inconsistency between the locations Kampong Speu and Kampong Cham over the same time period it cannot be established that the crime described falls within the territorial scope of the case file The applicant also described the murder of several of her siblings probably around 1976 in Kampong Siem District In respect of these crimes it was not unreasonable for the International Co lnvestigating Judge to conclude that the information provided is not sufficiently specific to establish that the crimes fall within the temporal scope of the case file 16 VSS MAN Sles Although many of the crimes described by The 00015 the applicant occurred in late 1975 and would International fall outside the temporal scope of the case Co file the International ~~ Investigating Judge Investigating erred by failing to consider events continuing Judge erred after 1975 as further described by the The Civil applicant in his Case 002 trial testimony Party D219 792 1 4 application D5 1858 is In particular the applicant described being admitted forcibly evacuated in late 1975 from Krouch Chhmar District to Stueng Trang District Kampong Cham Province with his wife and infant There the applicant was subjected to forced labour and starvation He was only allowed to visit his wife “once or two times a year” These facts fall within the temporal and territorial scope of the case file 12 VSS MAO Ra In respect of the disappearance of the The 00583 applicant’s brother in 1975 as the application is International Co Investigating Judge inadmissible explains this falls outside the temporal scope The of the case file In respect of the crimes International described committed in Svay Rieng Province Co vtt w Considerations on Appeal against Order on the Admissibility Civil Annex 2 of Party Applicants— 4 HiJNp rates ERN>01647572</ERN> D362 6 2 and Kandal Province these fall outside the Investigating territorial scope of the case file Judge’s decision is affirmed 16 VSS NEOU Sarem The applicant described crimes committed The 00071 outside the territorial scope of the case file in application is Phnom Penh Kandal Province Pursat inadmissible Province and Battambang Province The International In addition as the International Co Co Investigating Judge explains for some of the Investigating crimes where the dates are specified the 1975 Judge’s to mid 1976 timeframe would appear to also decision is fall outside the temporal scope of the case affirmed file 16 VSS PHÂN According to her narrative the applicant and The 00020 Sophat her family have suffered harm as a International consequence of various crimes committed Co against herself and her family in 1976 at Prey Investigating Chhor and Kampong Siem Districts in Judge erred Kampong Cham Province in the Central The Civil Zone While it is unclear whether most of Party these crimes were committed in late 1976 or application beyond it was unreasonable for the D5 1863 is International ~~ Investigating Judge to admitted conclude that the forced labour and other inhumane acts described are more likely to have fallen outside the temporal scope of the case file in light of the continuing nature of the forced labour and other inhumane acts over the course of the Khmer Rouge regime as described by the applicant 12 VSS PIN Hei The applicant described the disappearance of The 00498 her husband in Preak Prasab District Kratie application is Province sometime “after 17 April 1975” inadmissible The timeframe of the crime described by the The applicant is not specific enough to establish International that the application should be admitted Co Accordingly it was not unreasonable for the Investigating International ~~ Investigating Judge to Judge’s conclude that the facts fall outside the decision is temporal scope of the case file affirmed 11 VSS PUT Eng The applicant described the killings of her The 00346 family members around 1976 in Kampong application is Siem District Kampong Cham Province The inadmissible applicant does not provide sufficient detail to The Considerations on Appeal against Order on the Admissibility of Civil Party Applicants—Annex 2 ~~ ERN>01647573</ERN> D362 6 2 determine whether the event occurred within International the temporal scope of the case file Moreover Co the account is inconsistent The applicant Investigating initially alleges that the crimes occurred Judge’s around 1977 while later indicating that these decision is events transpired around 1976 Accordingly affirmed it was not unreasonable for the International ~~ Investigating Judge to conclude that the events occurred outside of the temporal scope of the case file 12 VSS SO Yen As the International ~~ Investigating Judge The 00440 explains the applicant described crimes application is committed in Kampong Speu Province inadmissible which are outside the territorial scope of the The case file International Co In addition as the International Co Investigating Investigating Judge also notes it cannot be Judge’s established

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