Reparations
Reparations
- Acknowledge the harm suffered by civil parties as a result of crimes for which the defendant is convicted
- Provide benefits to the civil parties which address this harm
Reparations are “collective” because they benefit civil parties as a group of victims, or Cambodian society more broadly. “Moral” reparations are symbolic measures rather than material or financial ones.
This reparations framework recognises that certain projects can contribute to victims’ rehabilitation, reintegration and restoration of their dignity where national or international authorities, non-governmental organisations or other donors provide financial support and other forms of assistance to show solidarity with the victims of Khmer Rouge crimes.
Case 001
Civil parties in Case 001 submitted the following requests for reparations:
1
Publication of statements of apology made by Duch throughout the trial.
This request was endorsed by the Trial Chamber.1
2
Inclusion of names of all civil parties in the final judgment
including publication and dissemination of the judgment.
These requests were honoured by the Trial Chamber and implemented by the ECCC2
3
Access to free medical care
including psychological care, physical care and transportation to medical facilities.
4
Funding of educational programs
both in schools and museums, that inform Cambodians of crimes that took place under the Khmer Rouge and at S-21 in particular.
5
Constructing memorials and pagoda fences, and preserving property at S-21, Choeung Ek, and Prey Sar
as well as in the local communities of civil parities.
CASE 002/01
Civil parties in Case 002/01 submitted the following requests for reparations:
1
National Day of Remembrance
to officially honour victims and survivors of the Khmer Rouge in Cambodia.
This project was endorsed by the Trial Chamber.4
2
Construction of a memorial in Phnom Penh
to remember events which affected the population of Phnom Penh in April 1975 when the city’s inhabitants were forced to abandon their homes.
This project was endorsed by the Trial Chamber.5
3
Providing testimonial therapy to civil parties
allowing them to talk about their experiences with the support and assistance of mental health professionals and read portions of their experiences in a public ceremony held in accordance with their religious or spiritual beliefs and cultural practices.
This project was endorsed by the Trial Chamber.6
4
Creating self-help groups for rehabilitation
in local communities which are professionally facilitated, voluntary associations of people that meet to improve well-being, develop coping skills, and overcome traumatic suffering together.
This project was endorsed by the Trial Chamber.7
5
Permanent exhibition on forced transfer
in five provincial museums in Battambang, Banteay Meanchey, Kampong Thom, Takeo, and Svay Rieng.
This project was endorsed by the Trial Chamber.8
6
Mobile exhibition on Khmer Rouge history and the ECCC
to promote education and personal experiences of Civil Parties, especially who suffered forced transfers, through a multimedia exhibition.
This project was endorsed by the Trial Chamber.9
7
Including a new chapter on forced transfer and Tuol Po Chrey in Teacher’s Guidebook
“The Teaching of a History of Democratic Kampuchea (1975-1979)”, which is used in genocide education programs.
This project was endorsed by the Trial Chamber.10
8
Construction of Community Peace Learning Centre
in Samrong Khnong village, Battambang province, where mass killings of the Khmer Rouge occurred, to transform the site’s negative past into a positive place of commemoration, remembrance, dialogue, and education.
This project was endorsed by the Trial Chamber.11
9
Illustrated booklet on Case 002/01 facts and Civil Party participation
to transform civil party voices into written narrations and illustrative artworks.
This project was endorsed by the Trial Chamber.12
10
Publication and distribution of the Case 002/01 Judgment
to civil parties in its full text as well as a summary version.
This project was endorsed by the Trial Chamber.13
11
Publication of Civil Party names on the ECCC website
in recognition of the harm they suffered and acknowledgement of their participation in the proceedings.
This project was endorsed by the Trial Chamber.14
12
Construction of public memorials
alongside related truth-telling and educational activities through a consultative process with Civil Parties, local communities, and other stakeholders at sites across Cambodia.
13
Construction of a memorial to Cambodian victims living in France
at the Great Pagoda of Vincennes in Paris to provide a space where victim-survivors and relatives can hold ceremonies and honour the memory of those lost.
CASE 002/02
Civil parties in Case 002/02 submitted the following requests for reparations:
1
App-learning on Khmer Rouge history
incorporating contemporaneous audiovisual materials and Civil Party accounts.
This project was endorsed by the Trial Chamber.16
2
Khmer Rouge history education through teacher and university lecturer training and workshops
to educate young people about Khmer Rouge history and experiences of Civil Parties.
This project was endorsed by the Trial Chamber.17
3
Cross-media project “The Courageous Turtle”
promoting historical awareness and Civil Party courage by educating students and encouraging intergenerational dialogue between youth and Civil Parties.
This project was endorsed by the Trial Chamber.18
4
Community media project about the Cham under the Khmer Rouge
comprising films, multimedia, an exhibition, a website and blog.
This project was endorsed by the Trial Chamber.19
5
Phka Sla Kraom Angkar: classical dance production and exhibition
about forced marriages, promoting public awareness, understanding and discussion on the regulation of marriage under the Khmer Rouge.
This project was endorsed by the Trial Chamber.20
6
Promoting public awareness about the treatment of ethnic Vietnamese and Cham during the Khmer Rouge Regime
through forums, exhibitions and illustrated novels, to provide opportunities for Civil Parties to discuss and document their experiences under the Khmer Rouge regime and enhance public awareness of the causes and consequences of ethnic violence and discrimination, address stereotypes, and promote anti-discrimination.
This project was endorsed by the Trial Chamber.21
7
Publishing the unheard stories of civil parties in Case 002/02
who did not have an opportunity to give statements before the Trial Chamber offering an opportunity to document and disseminate their experiences, recognize their victimhood, and acknowledge their suffering.
This project was endorsed by the Trial Chamber.22
8
A Time to Remember: Songwriting Contest 2016, involving youth in the creation of Cambodia’s Remembrance Song
combining songwriting and performance with intergenerational dialogue between youth and Civil Parties.
This project was endorsed by the Trial Chamber.23
9
Memory sketches of Kraing Ta Chan Security Centre
by university students, using survivor accounts to create an exhibition accompanied by a booklet commemorating the process of making the memory sketches.
This project was endorsed by the Trial Chamber.24
10
Free and public access to judicial records and Civil Party materials
through a public institution.
This project was endorsed by the Trial Chamber.25
11
Providing healing and reconciliation to survivors through psychosocial interventions
by providing access to mental health services, truth-telling and reconciliation, and capacity development for project staff in each target community.
This project was endorsed by the Trial Chamber.26
12
Legal and civic education for minority ethnic Vietnamese Civil Parties
through community consultation, outreach, education workshops and production of outreach materials to allow Civil Parties to better understand their legal status under Cambodian law.
This project was endorsed by the Trial Chamber.27
13
Improving health and mental wellbeing and of Civil Parties and other vulnerable older people in Cambodia
by assisting ageing Civil Parties to access healthcare services including primary healthcare, check-ups, providing mental health education at the community level, and livelihood support.
This project was partly endorsed by the Trial Chamber.28
14
Community media project about indigenous peoples under the Khmer Rouge
through production of documentaries and video testimonials of indigenous minority Civil Parties about their experiences under the Khmer Rouge regime.