ភាសាខ្មែរEnglish (United Kingdom)
Home
Victims Support Section of the ECCC
Legal Representation

Legal representation is a key feature to allow Victims to access, understand and effectively participate in proceedings before the ECCC. This is especially so when Victims wish to participate as Civil Parties and make claims for reparations. Before the ECCC, Victims may be represented either by a national lawyer acting alone, or by a foreign lawyer acting in conjunction with a national lawyer.
Rule 12bis (1) (c) of the Internal Rules of the ECCC states that the Victims Support Section (VSS) shall maintain a list of foreign and national lawyers who wish to represent Victims or Victims’ Associations before the ECCC. Lawyers seeking to represent Victims before the ECCC must be included on this list. Victims will then be able to make an informed selection from among the lawyers on this list. Victims may also engage a lawyer who is not on the list. In such a case, this lawyer will need to contact the VSS to be included on the list, before he or she can represent Victims before the ECCC (See the section below on the criteria for inclusion on the list of lawyers.)
Efforts have been taken to ensure that all Civil Parties have access to legal representation even when they are unable to afford it. Presently, the lawyers who represent Civil Parties mostly do so on a pro-bono basis or from contributions from outside the ECCC. In addition, the VSS has engaged a legal team to represent Civil Parties before the ECCC. 

Criteria for Inclusion on the List of Lawyers

Cambodian lawyers wishing to represent Civil Parties must meet the following criteria in order to be included in the List of Lawyers of the VSS:
-    To be a current member of the Bar Association of the Kingdom of Cambodia;
-    To have established competence in criminal law and procedure at the international or national level.

Foreign lawyers wishing to represent Civil Parties must meet the following criteria in order to be included in the List of Lawyers of the VSS:
-    To be a current member in good standing of a recognized association of lawyers of a United Nations member state;
-    To have a degree in law or an equivalent legal or professional qualification;
-    To be fluent in Khmer, French or English;
-    To have established competence in criminal law and procedure at the international or national level;
-    To have relevant working experience in criminal proceedings, as a lawyer, judge or prosecutor, or in some other capacity;
-    Not to have been convicted of a serious criminal or disciplinary offence considered to be incompatible with representing a victim before the ECCC.
-    In addition, foreign Co-Lawyers must register with the Bar Association of the Kingdom of Cambodia.

VSS Support to Civil Party Lawyers
VSS provides administrative support to Civil Parties Lawyers base on its existing and available resources.

Application Process

National and Foreign Application who wish to register in the list of lawyers maintained by Victims Support Section to represent the Victims before ECCC shall complete the relevant forms in lawyer Application Form Section.

National Lawyer shall complete the Cambodian Co-lawyer Application Form attached with the most updated Resume, 2 passport size photos, and the certificate of membership of the Bar Association of the Kingdom of Cambodia (BAKC). Completed Application forms and supporting document shall be sent by post to Victims Support Section (VSS), Extraordinary Chambers in the Court of Cambodia (ECCC). All application will be assessed within one month of receipt of the completed application.

Foreign lawyer shall complete the application for registration with the Bar Association of the Kingdom of Cambodia (BAKC) and Foreign Co-lawyer Application Form attached with the most updated Resume, 2 passport size photos, a copy of passport, Certificate of Good Standing, Initial or Current Registration, and other relevant Supporting Documents, Completed Application form and supporting documents shall be sent by post to Victims Support Section (VSS) , Extraordinary Chambers in the Courts of Cambodia (ECCC). All application will be assessed within one month of receipt of the completed application.

Lawyer Application Forms

 
Supreme Court Chamber orders declassification of over 1,700 confidential documents

The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia has completed its review of the classification of the 12,000 plus confidential and strictly confidential documents in the case file of Case 001. Among them, the Chamber has ordered that 1,749 documents be made public. These records include Democratic Kampuchea-era documents of victims' "confessions" and biographies, witness statements, transcripts of in camera hearings and rogatory letters. For more information, read the full press release here.

 
Opening Statements in Case 002 on 21 November 2011

The Trial Chamber today announced that opening statements in the trial in Case 002 will commence at 9.00 a.m. on Monday 21 November 2011 in the ECCC Main Courtroom and continue over the following days. The hearing of evidence in this case will begin on Monday 28 November 2011. The Initial Hearing in Case 002, which under the ECCC's Internal Rules amounts to the official opening of trial, was held before the Chamber between 27 and 30 June 2011.

The hearing on Monday 21 November 2011 will commence with the reading of the charges against each Accused. The Co-Prosecutors will then be allocated up to two days to make their opening statements. Although the Trial Chamber has recently separated proceedings in Case 002 into a series of smaller trials, the first trial will provide a general foundation for all allegations against the Accused, including those which will be examined in later trials. The Co-Prosecutors will therefore present opening statements in relation to all charges and factual allegations against the Accused in Case 002. Lawyers for each Accused will then be given an opportunity to respond to the opening statements of the Co-Prosecutors. Each Defence team has been allocated one half-day for their opening statements.  

Following the conclusion of opening statements, the hearing of evidence in Case 002 will commence at 9 a.m. on Monday 28 November 2011. The first segment of the trial will conclude no later than Friday 16 December 2011, when the Chamber will recess for the christmas and new year period.  Following this recess, trial proceedings will resume before the Chamber on Monday 9 January 2012. Proceedings before the Trial Chamber will be conducted in public to the maximum extent possible.

The Trial Chamber will provide further information regarding the timing of later trial segments in due course

 
Frequently asked questions about Ieng Thirith's fitness to stand trial

Below are answers to several frequently asked questions in relation to the Trial Chambers hearing on Ieng Thirith's fitness to stand trial scheduled for 30 - 31 August.
thirith
Q. What does "fitness to stand trial" mean?

Fitness to stand trial is based on a general principle that an accused person can only be tried if he/she has sufficient mental and physical capacity to exercise his or her rights during trial. This may include the capacity to understand the nature of the charges, the course and consequences of the proceedings, evidential details, the ability to instruct his or her lawyers or the capacity to testify. 

According to ECCC Internal Rule 32, the Co-Investigating Judges, the Pre-Trial Chamber, the Trial Chamber or the Supreme Court Chamber may order an accused person to undergo a medical, psychiatric or psychological examination by an expert to determine whether the accused is physically and mentally fit to stand trial.

Q. Why did the Trial Chamber find Ieng Thirith unfit to stand trial in November 2011?

Following the unanimous assessment of five appointed medical experts, the Trial Chamber decided on 17 November 2011 that Ieng Thirith was unfit to stand trial as she suffered from progressive dementia (most likely Alzheimer's Disease).  The Trial Chamber found that Ieng Thirith would be incapable of sufficiently understanding the course of the proceedings due to her long-term and short-term memory loss.  Without a full understanding of the proceedings, Ieng Thirith would not be able to instruct her defense lawyers and effectively participate in her own defense.

Consequently, the Trial Chamber decided to stay the proceedings against Ieng Thirith. With no reasonable prospect of resuming the proceedings, the Trial Chamber found that there was no legal basis to keep Ieng Thirith in the ECCC Detention Centre and ordered her immediate release.  

Q. Why is the Trial Chamber re-assessing Ieng Thirith's fitness to stand trial?

The Co-Prosecutors appealed the Trial Chamber's decision to release Ieng Thirith. In its 13 December 2011 decision on the appeal, the Supreme Court Chamber ruled that the ECCC is obliged to exhaust all measures available which may help improve Ieng Thirith's mental health such that she may become fit to stand trial.

 The Supreme Court Chamber directed the Trial Chamber to request additional medical treatment for Ieng Thirith, and to re-assess whether she is fit to stand trial within six months of the commencement of the medical treatment. 

The Trial Chamber has re-appointed three medical experts to examine Ieng Thirith on 27-28 August 2012. The experts will assess whether the medical treatment employed during the last six months has had any effect on Ieng Thirith's medical condition. In particular, they will assess whether the medical treatment has been successful in reversing Ieng Thirith's progressive dementia to the extent that she is now fit to stand trial.

Q. Who are the medical experts?

The medical experts re-examining Ieng Thirith are Dr. John Campbell (New Zealand), Dr.  Seena Fazel (United Kingdom) and Dr. Huot Lina (Cambodia).  All three doctors were among the experts who examined Ieng Thirith in 2011.

Q. If Ieng Thirith's medical condition has improved, will it be the medical experts or the Judges who will decide whether she has regained fitness to stand trial?

A decision regarding fitness to stand trial is a judicial decision, which will be made by the Judges. After considering the findings of the medical experts and relevant legal issues, the Judges will make a decision on whether Ieng Thirith has regained fitness to stand trial.

Q. Is the Trial Chamber expected to decide whether Ieng Thirith has regained fitness to stand trial during the hearing on 30-31 August 2012?

No. The hearing has been scheduled to allow the experts to present their findings and to enable an in-court discussion of the findings by Ieng Thirith's Defence, Co-Prosecutors and Civil Party Co-Lawyers. 

The Trial Chamber will issue its decision on Ieng Thirith's fitness at a later date.

Q. What happens if the Trial Chamber finds that Ieng Thirith remains unfit to stand trial?

This will be decided by the Trial Chamber on the basis of the relevant legal provisions and practice in national and/or international law.

Q. If the Trial Chamber finds that Ieng Thirith is still unfit to stand trial, can such a decision be appealed?

If the Trial Chamber decision on fitness has the effect of terminating the proceedings against Ieng Thirith, such a decision may be appealed to the Supreme Court Chamber. Any decision regarding the provisional detention of Ieng Thirith may also be appealed.

Disclaimer
This information has been prepared by the ECCC Public Affairs Section for the purpose of providing a basic understanding of the ongoing proceedings to the general public. It is not an official document, and none of the information is intended to prejudice any finding or conclusion from the Trial Chamber or the Supreme Court Chamber.
Source: http://www.eccc.gov.kh/en/articles/frequently-asked-questions-about-ieng-thiriths-fitness-stand-trial

 
VSS to hold 3rd Regional Forum in 2012 for 200 Civil Parties in Case 002 in Siem Reap

The Victims Support Section (VSS) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) is holding its 3rd Regional Forum in 2012 for 200 out of 3864 Civil Parties in Case 002 at Allson Angkor Paradise Hotel, Siem Reap Town, on Saturday, 25 August 2012 at 8:00 a.m. (Civil Parties' identities are protected).

The aims of the Regional Forum are: (i) to update the Civil Parties of Case 002 on the current work and progress of cases before the ECCC; (ii) to facilitate discussion between lawyers and Civil Parties on the severance order of Case 002, the Court's decision to divide the case into a series of smaller trials; and (iii) to enable Civil Parties to be informed of, and exercise their rights.

The 200 Civil Parties from Bantay Meanchey and Siem Reap provinces have not been able to attend the hearings of Case 002 since January 2012. The Regional Forum offers a unique opportunity for Civil Parties to meet their Civil Party Lawyers. The Civil Parties will also be informed about how their individual cases will be involved in the proceedings, depending on the different crimes addressed in each smaller trial.

VSS plans to organize eight Regional Forums in addition to other activities during 2012-2013 titled "Meaningful Victims Participation in the Proceedings of the ECCC". From 2009-2011, VSS also held 14 Regional Forums called "Victims' Improved Participation in the Proceedings of the ECCC".

 
<< Start < Prev 1 2 3 4 5 6 7 8 9 10 Next > End >>

Page 9 of 11
unicode

Who's Online

We have 15 guests online
mod_vvisit_countermod_vvisit_countermod_vvisit_countermod_vvisit_countermod_vvisit_countermod_vvisit_countermod_vvisit_counter
mod_vvisit_counterToday127
mod_vvisit_counterYesterday529
mod_vvisit_counterThis week1468
mod_vvisit_counterThis month1468
mod_vvisit_counterTotal5477919

Today: 05 April 2020

Victims Support Section of the ECCC