01005717 Case File No. 002/19-09-2007/ECCC/TC E313 93. The events at Samlaut triggered further revolt and, on 17 January 1968, there was an armed attack at Bay Damram, Battambang, by which CPK forces were able to confiscate some weapons from police posts.251 The Party subsequently adopted this event as the birth of the Revolutionary Army of Kampuchea (“RAK”).252 94. The North Vietnamese needed the Sihanouk government’s support, or at least its continuing neutrality, to supply the war against the Americans in Vietnam.253 They therefore continued to oppose armed struggle in Cambodia and requested that the CPK cease making armed attack or at least to leave bridges intact to permit the transport of weapons and rice from Kampong Thom to the Cambodia-Vietnam border.254 Because of this opposition, the Communist Vietnamese did not provide arms or any form of support to the Khmer Rouge forces.255 95. The Third Party Congress was held in 1971 in the Party office near Trapeang Prei village in the jungle.256 It was presided over by POL Pot and NUON Chea. It was attended by all members of the CPK leadership and representatives from each zone, many of whom appeared in photographs taken at the Congress. 257 Although 251 Article by NUON C.: Past Struggle of Our Kampuchean Peasants From 1954 to 1970, E3/131, pp. 17-18, ERN (En) 00716425-26. 252 Article by NUON C.: Past Struggle of Our Kampuchean Peasants From 1954 to 1970, E3/131, p. 18, ERN (En) 00716426; T. 13 December 2011 (NUON Chea), pp. 10-16 (NUON Chea does not clearly recall the founding date or event; he states: “To the best of my recollection, the founding date of the Revolutionary Army of Kampuchea was on the 12th of January 1968”); Central Committee Decision, E3/12, 30 March 1976, p. 2, ERN (En) 00182810; Revolutionary Flag, E3/25, December 1976-January 1977, pp. 18-19, ERN (En) 00491411-12; Revolutionary Flag, E3/744, February 1978, ERN (En) 00464050-00464069. 253 Article by NUON C.: Past Struggle of Our Kampuchean Peasants From 1954 to 1970, E3/131, p. 18, ERN (En) 00716426 (the Vietnamese party opposed the armed attacks, accusing the CPK of attacking their fathers because at that time Sihanouk was practising neutral politics. The Chinese did not agree either); See Section 3: Historical Background, paras 153-156. 254 T. 31 January 2012 (NUON Chea), pp. 39-41; Article by NUON C.: Past Struggle of Our Kampuchean Peasants From 1954 to 1970, E3/131, p. 18, ERN (En) 00716426. 255 T. 31 January 2012 (NUON Chea), pp. 40-41; Article by NUON C.: Past Struggle of Our Kampuchean Peasants From 1954 to 1970, E3/131, p. 18, ERN (En) 00716426 (“We asked for some weapons from the Vietnamese, but they did not give them to us. So we stole the weapons.”). 256 T. 26 July 2012 (ROCHOEM Ton alias PHY Phuon), pp. 8-10, 33. 257 T. 26 July 2012 (ROCHOEM Ton alias PHY Phuon), pp. 33-34. Witness stated the following were present at the Third Party Congress (Zone 304 - KOY Thuon, KE Pauk and Doeun; Zone 203 SO Phim, Phuong, and Ta Tum; Special Zone – VORN Vet; Southwest Zone – Ta Mok, Ta Chong, Ta Si; Northwest Zone – ROS Nhim, Ta Keu, and Ta Ktal; Sector 103 – unnamed leader; Northeast Zone – Ya and Vong; Mondulkiri – Laing); Photograph, E3/136, P 00416593; Photograph, E3/137, P 00416592; Photograph, E3/1595, P 00416590. NUON Chea was unable to identify the persons in the photo labelled ERN (EN) P00416593 except KOY Thuon. See T. 10 January 2012, pp. 25-27-28. NUON Chea was provided a copy of each photograph and his counsel indicated they would respond in due course. See T. 14 February 2012, p. 101. Case 002/01, Judgement, 7 August 2014 - Public 50

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