Theary Seng, Cambodian Executive Director of the Center for Social Development, talks to the media in this Jan. 20, 2008 photo, in Phnom Penh, Cambodia. Theary, whose parents died during the Khmer Rouge regime, took the stand as a representative of the civil party in the second day of a hearing for former leader Noun Chea's appeal against his pretrial detention on Friday, Feb. 8, 2008, at Cambodia's U.N.-backed genocide tribunal. (AP Photo/Heng Sinith)By KER MUNTHIT, Associated Press Writer
AP
PHNOM PENH, Cambodia - A Cambodian genocide victim confronted a former Khmer Rouge leader for the first time in a courtroom Friday, demanding to know who was responsible for the "hellish regime" that caused the deaths of some 1.7 million people, including her parents.
Tribunal officials called it a historic moment when Theary Seng took the stand on the second day of a hearing of former leader Nuon Chea's appeal for release from pretrial detention at Cambodia's U.N.-backed genocide tribunal.
Nuon Chea has denied any guilt, saying he is not a "cruel" man.
"If Nuon Chea claimed he was not responsible, who was then for the loss of my parents and other victims' loved ones?" asked Theary Seng, a Cambodian-American. "What we know is that Nuon Chea was the second leader after (late Khmer Rouge leader) Pol Pot. It was a hellish regime."
No Khmer Rouge leaders have ever stood trial for their regime's activities, and there are fears the aging and infirm defendants could die before facing justice. Pol Pot died in 1998.
Nuon Chea, who was the main ideologist for the now defunct communist group, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the Khmer Rouge's ruthless 1975-79 rule.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to hold the first trials later this year.
Prosecutors have argued that continued detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea sat stoically across from Theary Seng in the courtroom as she testified. When she was 7 years old, Theary Seng and her 4-year-old brother were "shackled and held under inhumane condition in a Khmer Rouge prison," she said.
"It's the first time a victim is able to stand up and confront a defendant. It's extremely symbolic," said Peter Foster, a tribunal spokesman. "We made history today."
Theary Seng's testimony was allowed under tribunal rules that give victims an unprecedented voice in the proceedings, the tribunal said.
"To date, no international or hybrid tribunal mandated to investigate war crimes, crimes against humanity or genocide has involved victims as civil parties, giving them full procedural rights," the tribunal's Victims Unit said in a statement.
Victims whose complaints have been accepted can participate in investigations, be represented by lawyers, call witnesses, question the accused and claim reparations for the harm they suffered.
Nuon Chea's defense had contested having victims testify at the hearing on his appeal for release, while accepting that victims have a right to participate in other aspects of the tribunal. However, the judges allowed their participation.
Robert Petit, a co-prosecutor, said the tribunal rules "state that the civil parties have a right to participate in the proceedings and they don't limit or qualify that participation in the types of proceedings."
Nuon Chea is the second defendant to appear before judges to appeal for release from pretrial detention. He has argued the tribunal's investigating judges did not have sufficient grounds to detain him.
The tribunal announced Thursday that it is seeking more funds from aid donors for a threefold increase in its budget.
The request to increase the budget to US$170 million (euro 116 million) from the original US$56.3 million would allow the tribunal to operate through March 2011, Foster said Thursday.
Tribunal officials called it a historic moment when Theary Seng took the stand on the second day of a hearing of former leader Nuon Chea's appeal for release from pretrial detention at Cambodia's U.N.-backed genocide tribunal.
Nuon Chea has denied any guilt, saying he is not a "cruel" man.
"If Nuon Chea claimed he was not responsible, who was then for the loss of my parents and other victims' loved ones?" asked Theary Seng, a Cambodian-American. "What we know is that Nuon Chea was the second leader after (late Khmer Rouge leader) Pol Pot. It was a hellish regime."
No Khmer Rouge leaders have ever stood trial for their regime's activities, and there are fears the aging and infirm defendants could die before facing justice. Pol Pot died in 1998.
Nuon Chea, who was the main ideologist for the now defunct communist group, has been held since Sept. 19 on charges of war crimes and crimes against humanity for his involvement in the Khmer Rouge's ruthless 1975-79 rule.
He is one of five former Khmer Rouge leaders detained by the tribunal, which is expected to hold the first trials later this year.
Prosecutors have argued that continued detention is necessary to prevent Nuon Chea from pressuring witnesses, destroying evidence and escaping, as well as for his own safety, which could be at risk if he was released.
Nuon Chea sat stoically across from Theary Seng in the courtroom as she testified. When she was 7 years old, Theary Seng and her 4-year-old brother were "shackled and held under inhumane condition in a Khmer Rouge prison," she said.
"It's the first time a victim is able to stand up and confront a defendant. It's extremely symbolic," said Peter Foster, a tribunal spokesman. "We made history today."
Theary Seng's testimony was allowed under tribunal rules that give victims an unprecedented voice in the proceedings, the tribunal said.
"To date, no international or hybrid tribunal mandated to investigate war crimes, crimes against humanity or genocide has involved victims as civil parties, giving them full procedural rights," the tribunal's Victims Unit said in a statement.
Victims whose complaints have been accepted can participate in investigations, be represented by lawyers, call witnesses, question the accused and claim reparations for the harm they suffered.
Nuon Chea's defense had contested having victims testify at the hearing on his appeal for release, while accepting that victims have a right to participate in other aspects of the tribunal. However, the judges allowed their participation.
Robert Petit, a co-prosecutor, said the tribunal rules "state that the civil parties have a right to participate in the proceedings and they don't limit or qualify that participation in the types of proceedings."
Nuon Chea is the second defendant to appear before judges to appeal for release from pretrial detention. He has argued the tribunal's investigating judges did not have sufficient grounds to detain him.
The tribunal announced Thursday that it is seeking more funds from aid donors for a threefold increase in its budget.
The request to increase the budget to US$170 million (euro 116 million) from the original US$56.3 million would allow the tribunal to operate through March 2011, Foster said Thursday.
8 comments:
Yes, you have the right to complain, blame, condemn, cry, hit them(?) or say anything you want to say to make you feel good. But;
-Don't ever let your ennemy make you cry twice !
-Don't saw the saw dust !
-Don't ever let your anger overcome you !
Take this: The VN were backing the KR to getting power in Cambodia. After that VN game was to make the KR look ugly in front of the Khmer. After some 2M including all the aducated Khmer had been "desrtoyed" and ready documented, the 200,000 VN troups came to chase the KR away to install the actual government and play "7 January Angel" to save Khmer lives until today.
The Vietnamese are having parties while the Khmer are fighting among themselves. It's just an old, old, old thing. Please learn from the past !
i am one of those victims under KR rule, and i want to ask them, what was that all about? what kind of a screwed up, twisted gov't was that? a revolutionary vision of hell! it was so backward; no education, no economy, no freedom, no justice system, etc..., what were they thinking? condemn all of them to death so they can taste their own medicine for hurting and killing the cambodia people. when they point fingers at others, ask them they were they so stupid to take orders from others to hurt their own nation? make them admit to cambodia and the world that that were morons, the ultimate morons. no gov't and people would do this to their own people and nation. they were destroying a nation. what were they thinking? ask them why they want to live now, what about the victims that died without any justice under their communist rules? i say skin them or lock them all up for life so they won't ever get to see sunlight again.
Khmer Rouge Aftermath: In Search for Justice,
Seng Theary is the prime example of the many Cambodians who is doing her best in trying to search for justice for her deceased ones. However, the darkest of this problem has evolved around the myth of the regime that has destroyed for what they have come to believed. Khmer Rouge regime is perhaps one of the most cruelest regimes in this century.
The one that is responsibled for the regime has already been dead; Pol Pot, brother number one. What left over are the four remaining which are in their old age that cant barely sit straight during the trial. By the time Mr. Noun Chea is done with his proceeding, Ieng Sary, Kheiu Samphan and Ieng Thirith would be on their death bed waiting for the devil.
Khmer Rouge trial is a slap on Cambodian's face which this atrocity did not just happened due to the contribution of Khmer Rouge alone...it is a contingency and involvement from the Super Power nations, but whose to say that this trial will also subpoena those who were liabled for this atrocity itself. In my opinion, I think the International countries and the United Nation also awared of this situation. But it is just that this problem happened inside Cambodia which is a sovereign state. Therefore, from the international perspective, they would say that they have a clean hand in the killing and slaugter of over 1.75 millions Cambodian citizens. Now isnt that a slap on the face?
The truth will never be revealed. China, Russia and the United States will get off for free for whatever reasons and invovlement they may have been associated with.
I thank you.
ST
Thank ST for your comment.Most of us ended up living abroad is in fact result of the killing.As mentioned many parties were involved, unless VN and china are prepared to release their documentations of actual periods and pre KR 1975-79 for which USSR and US also involved. However these would leave to the accused to dispose those secrecies,with also clarification of king father.
Result of killing is khmer kills khmer.
1-Killing by anger/revenge
2-Massive killing by degree of manipulation.
I am also a victim of those killig.
Chan said..
I would say there were two groups of gangsters (name from C to R to S and U and V) were involved gang warfare in Southeast Asia.
They decided to choose Cambodia for their turfs of war and revenge.
Khmer Rouge ended up to be a person who has been assigned to carry real messy turf war. The leaders of each group of gangsters were sitting and watch whereas the mentors of each groups were providing whichever they can.
Absolutely, the person who did the messy and ugly job was guilty. The leaders were set free because of lacking of evidence and/or the bus stop at the frontgate so the speak.
Literally, all training provided, the bombing campaign and supplied arms, the betrayal by walking away from friends who fought on your side, irresponsible to allow this dirty urgly, and unimaginable condition to take place.
Khmer Rouge is found guilty of first degree murder and genocide.
But Can these groups (CHINA, RUSSIA, USA and VN as well as Sihanouk) share the guilty of second degree involuntary massacre and negelgence of facts. The war conducted in Cambodia was not a declared war by anyone. so the speak, it was illegal for those who involved to declare and pretext themselves that it was a legal and recognizable war by all sides.
Then it was a conspiracy to commit crime against humanity by all sides.
WW I and WW II all sides were acknowledged that there was a declaration of hostility and war.
In criminal court and justice, when someone intentionally provides a criminal with a weapon to kill, the said person is responsible for the action to certain degree of conspiracy to commit murder.
It is too bad that all buses have to stop at their front houses.
The truth will never be revealed. China, Russia and the United States will get off for free for whatever reasons and invovlement they may have been associated with.
You are right ST!
ECCC is designed in a way not to bring other nations [as you mentioned] to trial but rather the few that are old and frail. You can call it a slap on the face or a gesture to wash their guilts [nations involved in 18 March 1970, the 5 years civil war, the KR regime, and the shameful retaining of UN seat after the collapsed of the regime due to the facts of saving allied during the cold war again another super power].
After all, the verdict is in the favor of Khmer Rouge, and the guilty verdict is Ho Chi Mihn, He may be death or may be walking on Svay Park street. Theary goes girl digging up bone so you can see who killed your dad.
Theary, Theary, what the hell are you trying to prove? Yet, you've proved nothing, but only benefit to your useless non-profit organization. In fact, you want to perpetuate this Khmer Rouge gencide tribunal, thus allow you and your organization to benefit and profit through this unfortunate-event trial.
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