Defence
Support
Section
Support
Section
The Defence Support Section (DSS) was established to ensure defendants appearing before the Extraordinary Chambers have adequate legal representation and facilities.
The role of Dss is to:1
- Provide basic legal assistance to defence lawyers appearing before the Extraordinary Chambers
- Receive and review applications by Cambodian and foreign lawyers to defend persons before the ECCC, and maintain lists of persons eligible to do so
- Enter into contracts with defence lawyers for indigent suspects, charged persons, accused or other persons entitled to a defence lawyer
- Adopt and apply administrative regulations related to criteria for recognition, assignment and remuneration of defence lawyers
- Provide training for defence lawyers in consultation and cooperation with the Bar Association of the Kingdom of Cambodia(BAKC)
Defence Lawyers
eligibility criteria for defence lawyers
The Defence Support Section is required to maintain a list of national lawyers registered with the BAKC and foreign lawyers admitted to the bar in a United Nations Member State who have been registered by the BAKC for the purpose of defending persons before the ECCC.2
Cambodian lawyers must fulfil the following criteria:3
1. Be a member of the Bar Association of the Kingdom of Cambodia (BAKC)
2. Have competence in criminal law and procedure at the national or international level
Foreign lawyers must fulfil the following criteria:4
1. Be a current member in good standing of a recognised
association of lawyers in a United Nations member state
association of lawyers in a United Nations member state
2. Hold a degree in law or an equivalent legal or professional
qualification
qualification
3. Have at least ten years of relevant working experience in criminal
proceedings, as a lawyer, judge or prosecutor, or in some other capacity
proceedings, as a lawyer, judge or prosecutor, or in some other capacity
4. Have competence in criminal law and procedure at the
international or national level
international or national level
5. Be fluent in Khmer, English or French
6. Be authorised by the Bar Council of the Kingdom of Cambodia
(BAKC) to practise before the Extraordinary Chambers.
(BAKC) to practise before the Extraordinary Chambers.
Entitlements
Defence lawyers are contracted and remunerated by the United Nations under a Legal Services Contract.5 They are remunerated under the principle of “equality of arms” with the prosecution and are entitled to the appropriate uplifts to account for the costs of maintaining their legal practices.
Foreign defence lawyers are provided with air tickets to and from Cambodia to attend court hearings and other meetings which are required to ensure effective representation of their clients. They are accorded immunity from personal arrest and detention, and their documents are inviolable.6
Foreign defence lawyers are provided with air tickets to and from Cambodia to attend court hearings and other meetings which are required to ensure effective representation of their clients. They are accorded immunity from personal arrest and detention, and their documents are inviolable.6
Lists of lawyers
During its operations,
49 Cambodian and 55 foreign lawyers
were assessed as eligible to defend indigent persons before the
ECCC.
ECCC.
DSS assigned a total of
29 counsel, 3 standby counsel, 3
provisional counsel, and 1 pro bono
foreign lawyer.
provisional counsel, and 1 pro bono
foreign lawyer.
LEGAL SUPPORT
Defence lawyers could be supported by consultants and case managers to defend their clients before the ECCC.
Since 2006, DSS assessed
64 national and 172 foreign persons as being eligible.7
were assessed as eligible to defend indigent persons before the ECCC.
Consultants must fulfil the following criteria:
- Hold a degree in law or an equivalent legal or professional qualification
- Have at least five years of relevant working experience in criminal proceedings, as a lawyer, judge or prosecutor,or similar capacity
- Demonstrate competence in international criminal law and procedure
- Be fluent in Khmer, English or French.
Case managers must fulfil the following criteria:
- Hold a law degree
- Have at least two years of relevant working experience including computer skills
- Be fluent in Khmer and have English or French as a working language
- To have completed the DSS Case Manger Orientation Course.
CAPACITY-BUILDING AND OUTREACH
As part of its training mandate, DSS has conducted several training
sessions through the years. Initiatives have included:
sessions through the years. Initiatives have included:
1
International criminal law training
covering crimes within the jurisdiction of the ECCC including genocide, crimes against humanity, grave breaches of the
Geneva Conventions; modes of liability; and defences.
Geneva Conventions; modes of liability; and defences.
2
Defending complex crimes
including modules and seminars on developing legal arguments using international criminal law and human rights law; case theory development; effective use of defences; ECCC procedures; and electronic evidence management.
3
Courses for case managers
on legal research, using and working with documentary
evidence, case management software, persuasion and rhetoric
evidence, case management software, persuasion and rhetoric
4
Seminars with legal expert
including:
- .Judge Philip Rapoza — Chief Justice of the Massachusetts
Appeals Court and judge at Special Panels for Serious Crimes,
East Timor, 2003-2005. - .Stuart Alford — barrister and prosecutor at the Special Panels
for Serious Crimes in East Timor, 2001-2003 - . Gillian Higgins — barrister and defence counsel for Slobodan
Milošević (ICTY), Ferdinand Nahimana (ICTR), Alfred Musema
(ICTR) - .Rodney Dixon — defence counsel, Ramush Haradinaj (ICTY)
- . Alan Gutman — defence counsel, Special Panel for Serious
Crimes, East Timor, 2002-2005 - . Guénaël Mettraux — defence counsel for Šefer Halilović (ICTY),
Ljubje Boškoski (ICTY) - . Andreas O’Shea — associate professor of international law,
University of Kwa-Zulu Natal, South Africa; defence counsel for
Karamera and Rwanmakuba (ICTR), Vojislav Šešelj (ICTY) and
Augustine Gbao (SCSL) - . Eugene O’Sullivan — defence counsel for ZejnilDelalić (ICTY),
Biljana Plavšić (ICTY), Milan Milutinović (ICTY) - . Michail Wladimiroff — defence counsel for Duško Tadić (ICTY),
amicus curiae for Slobodan Milošević (ICTY) - . Arthur Verken — defence counsel for Jean Mpambara (ICTR),
Callixte Kalimanzira (ICTR) - . David Cohen — Director, Berkeley War Crimes Studies Centre
and Ancker Distinguished Professor of the Humanities at the
University of California, Berkeley - . Chris Engels — former director of the CriminalDefence
Section, Court of BiH, Sarajevo; former consultant to
Afghanistan government on war crimes issues. - . Gilbert Bitti — senior legal advisor to the Pre-Trial Division of
the International Criminal Court - . Michelle Staggs — Asian International Justice Initiative and
previously Trial Monitor at the Special Court for Sierra Leone - . Richard Rogers — former DSS chief and legal officerat ICTR
and ICTY. - . Rupert Skilbeck — former DSS chief; director of OKO, Court of
BiH, Sarajevo; defence advisor, SCSL - . Pauline Baranes — DSS associate legal officer and former ICTR
legal assistant in Media Trial
5
Engagement with the legal community
inside Cambodia (Bar Association of the Kingdom of Cambodia) and beyond (bar associations of Hong Kong, Singapore and Thailand)
6
Engagement with academia
including presentations on fair trial rights and the role of the defence to the Cambodian University for Specialties, Royal University of Law and Economics, Paññâsâstra University of Cambodia, Build Bright University and Norton University
7
Outreach initiatives
with NGOs, in the provinces and at the ECCC
8
Internships
have given young lawyers first-hand experience in criminal law. DSS facilitated over 290 internships with defence teams at different stages of proceedings.
LEGAL FRAMEWORK
1. UN-RGC Agreement
- a. Article 13: Rights of the accused
- b. Article 17(c): Remuneration of defence counsel
- c. Article 21(3): Rights and responsibilities of counsel
2. ECCC Law
- a. Article 35 new (b): Right of the accused to adequate time and facilities for the preparation of his/her defence and to
communicate with counsel of own choosing - b. Article 44 new: Fees of defence counsel
3. Internal Rules
a. Rule 11: The Defence Support Section
b. Rule 22: Lawyers
c. Rule 35(3): Right to legal assistance for administration of justice proceedings
c. Rules 81(4), (5), (7): Representation by lawyer
4. Administrative regulations
a. DSS Administrative Regulation
b. Legal Assistance Scheme
Administrative regulations
Resources provided to lawyers defending persons before the ECCC are regulated by the DSS Administrative Regulations and
Legal Assistance Guide.
The guiding principles of the regulations are the following :
.
Effective representation of defendants by ensuring provision of resources which are reasonable and necessary
.
Equality of arms between defence lawyers and the prosecution
.
Effective representation of defendants by ensuring provision of resources which are reasonable and necessary
.
Transparency in payment schemes and expectations, to avoid fee disputes
Key features of the regulations include:
.Two co-lawyers. Each indigent defendant may be represented by one Cambodian lawyer and one foreign lawyer, both
Two co-lawyers. Each indigent defendant may be represented by one Cambodian lawyer and one foreign lawyer, both
of whom are of equal status.
.Legal support. Recognizing that co-lawyers may require additional support at different stages of proceedings,
Legal support. Recognizing that co-lawyers may require additional support at different stages of proceedings,
provision is made for them to be assisted by legal consultants and case managers.
.Flexibility. The working time of lawyers and number of support personnel may be contoured to reflect judicial
Flexibility. The working time of lawyers and number of support personnel may be contoured to reflect judicial
demands at the different stages of proceedings.
.Practical considerations. Provisions for a subsistence allowance, travel arrangements, office costs, uplifts, and
Practical considerations. Provisions for a subsistence allowance, travel arrangements, office costs, uplifts, and
interpretation resources are included in the regulations.
.Financial matters. The regulations include guidelines on budget ceilings, applicable rates, action plans, time sheets,
Financial matters. The regulations include guidelines on budget ceilings, applicable rates, action plans, time sheets,
fee claims, and disputes.
Click here to view the administrative regulations.
Related Documents
Click below to see filings and resources related to the Defence Support Section:
Administrative regulations
Language
DSS Administrative Regulationsខ្មែរ | English | FrançaisLegal Assistance Schemeខ្មែរ | English | Français
Lists of lawyers
List of eligible and assigned lawyersខ្មែរ | English | Français
Judicial decisions pertaining to resourcing
PTC decision on Yim Tith’s urgent request for dismissal of the defence support section’s action plan decisionD381/42, D382/41EnglishPTC decision on Ao An’s urgent request for continuation of Ao An’s defence team budgetD360/26EnglishSCC decision on response to request to reinstate Nuon Chea Defence TeamF46/5EnglishOCIJ combined decision on the impact of the budgetary situation on Case 003, 004 and 004/02 and related submissions by the Defence for Yim TithF46/5EnglishOCIJ further decision on the urgent request on remote workingD321/4EnglishOCIJ decision on the urgent request to remote working decision on Ao An’s urgent request for continued provision of necessary resourcesD321/1EnglishOCIJ decision on Ao An’s urgent request for continued provision of necessary resourcesD304/11EnglishOCIJ second decision on Yim Tith’s urgent request concerning defence’s resourcesD312/4EnglishOCIJ decision on Yim Tith’s urgent request concerning defence’s resourcesD312/1EnglishOCIJ decision on resources to be provided to the Ao An defenceD304/7EnglishOCIJ further decision on Ao An’s request to order DSS to provide additional resourcesD304/4EnglishOCIJ decision on Ao An’s request to order DSS to provide additional resourcesD304/1EnglishPTC decision on Ao An’s urgent request for continuation of Ao An’s defence team budgetD360/26EnglishOCIJ decision on Meas Muth’s request to obtain English translationsD191/16/1English
Decisions on fee and non-fee claim disputes before the UN Administrative Judge
Appeal against fee claim decisions (31 May 2021)Before Judge FenzAppeal against DSS decision refusing recruitment of an international legal consultant (30 December 2019)Before Judge RapozaApplication for judicial review of an administrative decision concerning a request for payment of translation expenses (31 October 2016)Before Judge MumbaAppeals against DSS fee claims decisions (3 June 2016)Before Judge KaropkinAppeal against DSS fee claim decision (27 October 2015)Before Judge MilartApplication requesting appointment of a case manager (2 May 2014)Before Judge MilartDecision relating to withdrawal of administrative appeal (4 February 2014)Before Judge JayasingheAppeal against reconsideration decision relating to legal consultant’s flight (13 December 2013)Before Judge DowningMotion requesting order for reimbursement of costs related to site visit (23 May 2013)Before Judge JayasingheApplication requesting funding for legal consultant's flight (25 June 2013)Before Judge Downing