Cambodian Genocide Victim Confronts Ex Khmer Rouge Leader

Survivors of Cambodia's Khmer Rouge publicly confronted Nuon Chea(C), the regime's "Brother Number Two," at an UN-backed genocide tribunal Friday (Phot: AFP)

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 UN-backed genocide tribunal.

Nuon Chea has denied any guilt, saying he is not a "cruel" man. The hearing ended without judges ruling on the appeal.

"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."

Theary Seng said she did not feel any anger when testifying against Nuon Chea.

"It is more exciting to see this (justice) being done to the person I consider my perpetrator. I have, in one small way, honored my parents," said Theary Seng, who now heads the Center for Social Development, a nonprofit Cambodian group monitoring the country's judicial system.

Nuon Chea was the second defendant to appear before judges to appeal for release from pretrial detention. He asked the judges to use their "pure conscience and wisdom" in deciding on his appeal.

Prak Kimsan, chief judge of the five-judge panel, set no date for announcing the ruling.