Khmer Rouge trial case two draws to a close

The second case in Cambodia's war crimes tribunal has wrapped up after two years of gathering evidence against Khmer Rouge leaders Nuon Chea and Khieu Samphan.

The court, run by the Cambodian government and the United Nations, has had it's share of controversies.

Since case two began, almost one-hundred-thousand Cambodians from across the country have visited the court in Phnom Penh to see the remaining Khmer Rouge leaders face long-delayed justice.

Khmer Rouge Survivor Hong Huy said seeing the court search for justice made him feel happy.

"We just heard the names of those leaders who forced us to work very hard...with people dying from starvation and children being taken from their parents," Mr Huy said.

"So when we went to the court and saw the leaders on trial, we felt so excited."

Millions of Cambodians were forced into Labour camps in 1975, growing rice and building irrigation systems that were part of the communist dream of the Khmer rouge.

At least 1.7 million people died of starvation, from being over-worked and through murder.

The tribunal is in attempt to prosecute the Khmer rouge leaders who are considered the most senior and most responsible.

The court's first case found Kang Kek lew guilty of numerous crimes including torture and enslavement, sentencing him to life imprisonment.

Case two began with four accused but senior leader leng Sary died this year and his wife was found to be mentally unfit to stand trial, leaving Khieu Samphan and deputy leader Nuon Chea to stand trial.

Due to the numerous charges and complexity of the tribunal, case two was split into smaller trials starting chronologically with crimes against humanity in three areas - the evacuation of Pnom Penh, the forced movement of people and the killing of a group of Khmer republic soldiers in Pursat province in 1975.

"The crimes organised and orchestrated by the accused were among the worst horrors inflicted on any nation in modern history," said a member of the court.

The trial

In the early stages of the trial, the accused defended their roles during Cambodia's darkest days.

Mr Chea told the court he had been waiting a long time for the opportunity to explain to Cambodia and the Khmer children about the facts that occurred during Cambodia's history.

The court heard from experts and witnesses with much of the testimony focussing on the evacuation of Pnom Penh and how victims were affected.

Mr Chea explained why the Khmer rouge ordered people out of the capital, then insisted the entire population of Pnom Penh had left voluntarily.

Survivors and their families were able to tell of their sufferings and to put questions directly to the accused.

Mr Chea expressed his sincere condolences for the those affected by the evacuation of Pnom Penh but when the time came to answer questions from the Civil party members, both the accused refused to answer.

Khieu Samphan decided to exercise his right to remain silent saying the court had failed to respect his rights and the rights of his defense counsel.

Mr Chea followed in agreement saying "I have no confidence in this court as reflected by Khieu Samphan."

Khmer Rouge Survivor My Huy said he was disappointed to see the defense lawyers who protected the accused.

"This wasn't the treatment that we got during the Khmer rouge," he said.

Youk Chhang Director at the documentation centre of Cambodia is critical of the quality of the defense counsel but believes its existence is a lesson for the nation.

"I think that the defense is as important as any unit at the ECCC (Extraodinary Chambers in the Courts of Cambodia) because this is a country where people take justice at their own hands," he said.

Cambodian Prime Minister Hun Sen has warned that expanding the reach of the Khmer rouge trials could divide the nation and lead to civil war.

The three Cambodia judges and two UN appointed international judges will consider the evidence and are expected to announce a verdict in the first half of 2014.

Source http://abc.net.au/news/2013-11-01/an-khmer-roughe-trial-case-two-draws-to-a-close/5062582

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