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Victims Support Section of the ECCC
Press Release

WIDE RANGING SUPPORT SECURED FOR THE REPARATIONS FOR VICTIMS OF THE KHMER ROUGE REGIME

Wide ranging support has been secured for the Civil Parties' reparation projects requested in Case 002/01 before the Extraordinary Chambers in the Courts of Cambodia (ECCC). These reparation projects will benefit victims of the Democratic Kampuchea regime from 1975-1979. The Victims Support Section (VSS) and the Civil Party Lead Co-Lawyers Section (LCLS) who are leading this groundbreaking effort to bring redress to the survivors of the Khmer Rouge regime, wish to express gratitude to all current donors as well as governmental authorities and civil society organizations for their contributions either financially, politically or technically to the 13 reparation projects requested in Case 002/01.

Civil Parties seek the Trial Chamber's recognition of the reparation projects in Case 002/01 which aim to provide formal acknowledgement to the victims of the Khmer Rouge regime in order to mitigate the harms and suffering they have experienced, to preserve collective memory and restore victims' dignity. In case of conviction of the accused, the Trial Chamber may grant moral and collective reparations to the Civil Parties in its judgment if certain conditions are fulfilled; among them the requirement for documentation of sufficient external funding for each proposed project. The Trial Chamber has previously set the deadline of 31 March 2014 by which Civil Parties must submit any further documentation and information on the reparation projects they seek in Case 002/01, including updates on funding.

Having passed the deadline of 31 March 2014, the VSS and the LCLS are pleased to announce that for all requested reparations projects where funding was needed, sufficient voluntary financial contributions have been secured, except for one project. Please see the table attached to this press release for information about the proposed projects and funding submitted to the Trial Chamber.

The VSS is an official organ of the ECCC, and it is mandated to facilitate and coordinate victims' participation in the ECCC proceedings, except legal representation. Furthermore, the Section is mandated to seek external funding and support and, in close cooperation with the Civil Party Lead Co-Lawyers, to identify, design and later implement reparation projects.

VSS Contact
Mr. Hang Vannak
Chief of VSS
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
+++
Media Contact Information
Mr. Neth Pheaktra
Press Officer
Mobile phone: +855 (0)12 488 156
Land line: +855 (0)23 861 564
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Mr. Lars Olsen
Legal Officer
Mobile: +855 (0)12 488 023
Land line: +855 (0)23 861 669
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Statement by the International Reserve Co-Investigating Judge

This public statement is made pursuant to ECCC Internal Rule 21(1)(c) to ensure that the public, and particularly the victims of the crimes under investigation, are duly informed of ongoing ECCC proceedings.

The International Reserve Co-Investigating Judge took oath as reserve judge before the Plenary Session of the ECCC on 21 February 2011. Pursuant to the Agreement signed by the Royal Government of Cambodia and the United Nations, and the law governing the procedure before the ECCC, he is under the legal obligation to investigate the cases submitted by the Office of the Co-Prosecutors [Articles 5(6) of the ECCC Agreement and 12, 23, 26, 27 et al of the ECCC Law]. The International Reserve Co-Investigating Judge therefore enjoys full legal authority to undertake his functions regardless of the Supreme Council of the Magistracy's rejection of his appointment as standing co-investigating judge. Since joining the ECCC on 1 December 2011 he has taken steps to ensure the effective functioning of the international side of the Office, including reiterating a request to the UN for the additional staff necessary to enable effective investigations into cases No. 003 and 004.

On 15 December 2011 and 2 February 2012, the International Reserve Co-Investigating Judge submitted two Records of Disagreement concerning the conduct of the investigations in cases 003 and 004 to the Pre-Trial Chamber (Internal Rule 72). In both instances the National Co-Investigating Judge had stated, at first expressly and then implicitly, his opposition to the proposed investigative acts. The basis of the objection was that the Supreme Council of the Magistracy had not yet appointed the International Reserve Co-Investigating Judge as standing judge and hence had no authority to act.

Having been timely and duly seized of the disagreements, the President of the Pre-Trial Chamber, by Memorandum dated 3 February 2012, returned the two Records of Disagreement without giving notification of the Pre-Trial Chamber having taken a reasoned decision. The Memorandum stated that "PTC judges" had met on 27 January 2012 and that they had not "reached their consent to take into their consideration of the substance of those documents", based on the fact that "Mr Laurent Kasper-Ansermet does not have enough qualification to undertake his duty according to legal procedure in force". 

According to the law applicable to the settlement of disagreements [Article 23 new of the ECCC Law and Internal Rule 72(4)(d)], if the required majority is not achieved the order or investigative act done (or proposed) shall stand (or be executed). This principle fully applies to the disagreement over the investigative acts proposed by the International Co-Investigating Judge. Therefore, both decisions are executable.

On this basis, the International Co-Investigating Judge intends to issue the Order on Resuming the Judicial Investigation on CF003 (classified as public).

The law required the Pre-Trial Chamber to examine the subject of the disagreements and to issue decisions which had to be "reasoned and signed by their authors" [Internal Rule 72(4)(e)]. The President of the Pre-Trial Chamber failed to have the decision notified as mandated by the law governing these procedures. This situation raises serious concerns about the lack of impartiality of Mr. Prak Kimsan, President of the Pre-Trial Chamber. On these grounds, an application for his disqualification was submitted to the Pre-Trial Chamber calling upon Mr Prak Kimsan to step down voluntarily from any proceedings related to CF003 and CF004.

In order to redress the procedural defects leading to the International Co-Investigating Judge not being notified of the decision on the disagreements, the Records of Disagreement were returned to the Pre-Trial Chamber.
Judge_Laurent_Kasper-Anserme

 
Germany Provides €1.2 Million to the Victims Support Section of the Extraordinary Chambers in the Courts of Cambodia (ECCC)

The Federal Republic of Germany, through the Ministry of Foreign Affairs, signed a Letter of Agreement today to provide a further €1.2 Million to the Victims Support Section (VSS) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) – its fourth donation since the VSS was established in 2008.

During the Signing Ceremony of the Letter of Agreement this morning at the ECCC, His Excellency Mr. Horst Triller, Chargé d'Affaires of the Federal Republic of Germany to the Kingdom of Cambodia, expressed his strong support for the work of the ECCC, and announced that Germany will continue to provide financial support to the VSS.

His Excellency Mr. Kranh Tony, Acting Director of Administration, expressed his gratitude and immense appreciation for the friendship and kind support from the people and the government of Germany to the Cambodian victims of the Khmer Rouge regime, who pursue justice, redress their harms, and restore their dignity through their participation in the proceedings of the ECCC.

This financial assistance will be used for project implementation for the period from 2012 to 2013, focusing on: (i) Legal Representation; (ii) Effective Victims' Participation; and (iii) Information Dissemination.

From the establishment of the ECCC in 2006 until 2011, Germany has provided around €1.9 million directly to the Victims Support Section to improve victims' participation in the proceedings of the ECCC. In total, Germany has contributed almost €10 million to both sides of the ECCC.

 
APPOINTMENT OF JUDGES OF THE SUPREME COURT CHAMBER

Judge Florence Ndepele Mwachande Mumba of Zambia has been appointed as the sitting judge of the Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia by the Supreme Council of the Magistracy of Cambodia upon nomination by the Secretary-General of the United Nations. She replaces former judge Motoo Noguchi who resigned in July 2012. Judge Mumba has been serving as the reserve judge of the Supreme Court Chamber until this appointment.

Judge Mumba was admitted to the bar in 1973. She has served as the Director of Legal Aid Department (1977); first female High Court Judge (1980); Ombudsman (1989); Supreme Court Judge (1997); Judge of the United Nations International Criminal Tribunal for the former Yugoslavia (1997–2005); Vice President of the UNICTY (1999–2000); Judge of the Appeals Chamber of the UNICTY and the UN Tribunal for Rwanda (2003–2005); and Chairperson of the Electoral Commission of Zambia (2008–2010). She has also been on the panel for the UN Commission on the Status of Women (1992–1995); Legal experts drafting committee for the African Protocol to the African Charter on Peoples and Human Rights on the establishment of the African Court on Human Rights (1995); and African Union's High Level Panel on Darfur (2009–2010).

Judge Phillip Rapoza of the USA has been appointed as the reserve judge for the Supreme Court Chamber by the Supreme Council of the Magistracy of Cambodia upon nomination by the Secretary-General of the United Nations.

Judge Rapoza is the Chief Justice (President) of the Massachusetts Appeals Court. He holds degrees from both Yale University and Cornell University and is the recipient of numerous professional awards. He has served in the legal profession for over 35 years as a prosecutor, defence lawyer, trial judge and appellate justice. From 2003 to 2005, he served as an international judge and the coordinator of the Special Panels for Serious Crimes in Timor-Leste, dealing with crimes against humanity and other serious offenses that occurred prior to that country's independence. He has been active in UN efforts to develop the justice sector in both Timor-Leste and Haiti, and he has participated in programmes and trainings in Cambodia relating to the ECCC.

Press release in PDF

 
Notice to the Public on Confidentiality

The ECCC regrets that some confidential information was once uploaded to the website as an attachment of the Nuon Chea defence team's appeal submission (Immediate Appeal Against Trial Chamber Decision on Application for Immediate Action Pursuant to Rule 35). The attachment was mislabeled and was accidentally uploaded, but has been removed from the website. The public and media are requested to respect the confidentiality of the proceedings under investigation. Anyone publishing information from this mislabeled document could be subject to proceedings of the ECCC.

 
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Today: 05 April 2020

Victims Support Section of the ECCC