The Rights of Victims in the Extraodinary Chambers in the Court of Cambodia, ECCC

Who does the ECCC consider to be a victim?

Anyone who has suffered from physical, psychological, or material harm as a direct consequence of the crimes committed in Cambodia by the Democratic Kampuchea regime between 17 April 1975 and 6 January 1979 is considered to be a victim by the ECCC.

What part do victims play in the ECCC?

Victims have themability to file complaints before the ECCC, and they can apply to become civil parties to the proceedings. These rights are provided for under Cambodia Law, in the law of the Establishment of them ECCC and in the Internal Rules of the ECCC.

Both complainants and civil parties may request that their identity and other personal information be kept confidential from the public, and from other parties to them proceedings.

The judge will decide on all requests to keep information private.

Victims may also be asked by the judges or them parties to thme proceedings (prosecution, defense, and cilvil parties) to testify as witnesses.

What is a compainant?

Anyone who has useful information regarding tem crimes of th Khmer Rough can file a comlaint b filling out the victim information form and submitting it to them victims unit. The information in them complaint may then be used to help in the investigations. Complainants don not participate in hearings, and they are not entitled to ask the couurt for reparations.

What is a civil party?

Civil parties are participants in the proceedings against those allegedly responsinle for the crimes under investigation by the ECCC, and they enjoy the same right as every other party to the proceedings, such as the prosecution and the defense.

Becoming a civil party not onljy gives citims them right to actively participate in the proceedings, but also allows victims to ask the court for cllective and moral reparations from the convicted persons.

Who is eligible to bec0me a civil party?

In order to become a civil party, a victim must be a natural (living) person or a legal entity who suffered physical, material or psychological harm as a direct consequense of the specific crimes which are under investigation by the ECCC

Civil Parties have the Right:

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  To choose a legal representative (the victims unit can assist in ontaining a lawyer)


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  To request the investigation of alleged crimes


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  To question witnesses and the accused


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  To ask the court to take all possible measures to repect their safety, well being, dignity and privacy in the course of their participation in the proceedings
  
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  To request collective and moral reparations.

What kind of reparations can civil parties request?

If a defendant is found guilty, under the internal rules of the ECCC civil parties are able to ask the court to order reparations. The judges have determined that individual financial compensadtion will not be possible, however they do have the power to award what are called "collective and moral reparations."

In this context, "collective" means that the court is only abnle to order reparations that benefit all of the civil parties as a grup or that benefit all victims or all of Cambodian society. The term "moral" reparations in this context refer to the specific type of reparation that the court is able toorder. "Moral" reparations are preparations that are more symbolic than they are material or economic.

When should people apply?

Peopl who are inerested in filling a complaint or applying to become a civil party should complete the victims information form as soon as possible. There are crrently two cases before the ECCC: case file 1, which relates to crimes committed in connection to Tuol Sleng Priso (office s-21), and case file 2, which related to all the other crimes under investigation by the court (such as forcible transfger from one;s home, forced labor, inhumane living conditions or unlawfuldetention). The trial sage of case file 1 is expected to begin in early 2009, and case file 2 is cruuently in the investigation stage. The deadline to submit complaints and civil parties applications is ten days before the start of the trial phase of the relevant case.

How does a victim file a complaint or apply to becoime a civil party?

People who think they may qualify as victims, and who wish to participate in ECCC proceedings should file a complaint or apply to become a civil party. The way to do this to fill out a victim information form, which can be requested at ECCC victim unit.

Source: Keat Bophal, Head of Victims Unit