VICTIMS
SUPPORT
SECTION
The Unit was initially called the Victims Unit (VU). VSS is the primary contact point between the victims (or their representatives) and the ECCC. VSS ensures that victims have access to legal representation and also provides legal and administrative support to civil party lawyers. VSS serves as a meeting place where all the actors involved in proceedings (including victims, lawyers, intermediary organizations and ECCC personnel) can gather and share their views on efficient representation of the victims’ interests.
THE GUIDING PRINCIPLES OF VSS ARE:
Direct victim participation
VSS supports victims’ pursuit of justice and redress through legal representation and participation in judicial processes at the ECCC.
Empowerment of victims
VSS supports victim engagement with justice and reconciliation processes, and provides information to enable victims to make informed decisions.
Meaningful redress and rehabilitation
VSS recognizes the importance of reparations as a remedial measure for victims of mass atrocities. The Section helps victims seek collective and moral reparations at the ECCC to acknowledge victim suffering and help restore dignity and wellbeing.
THE VICTIMS SUPPORT SECTION (VSS)
WAS ESTABLISHED UNDER
THE INTERNAL RULES TO: 1
Help victims to lodge complaints to the Extraordinary Chambers
Assist victims to submit applications to become civil parties to proceedings
Receive and review applications by Cambodian and foreign lawyers to represent victims, victims’ associations and civil parties before the ECCC
Maintain a list of Cambodian and foreign lawyers registered with Cambodian Bar Association
Provide general information to victims and civil parties
Undertake outreach activities related to victims
Adopt and apply administrative regulations related to criteria for recognition and assignment of lawyers representing victims and civil parties
In cooperation with stakeholders, endeavour to identify, design and later implement the reparation and non-judicial measure projects.
VICTIMS' RIGHTS
WHO ARE VICTIMS?
At the Extraordinary Chambers, a victim is any person who has suffered from physical, psychological, or material harm as a direct consequence of the crimes committed in Cambodia between 17 April 1975 and 6 January 1979 that are under the jurisdiction of the ECCC.
For example: if you were detained or tortured, if you suffered from forced starvation, if you were forced to leave your home and forced to work against your will; if your parents, grandparents, or other family members were killed, abducted, detained, or tortured; if you lost your house, your rice fields, your animals, or other property, you may be considered a victim.
HOW DO VICTIMS PARTICIPATE AT THE ECCC?
There are three ways victims participate at the Extraordinary Chambers:
AS COMPLAINANTS
Victims submit complaints to the Co-Prosecutors or Co-Investigating Judges, with the help of VSS in filling out the Victim Information Form. Complaints provide information about alleged crimes of the Khmer Rouge, and may help investigations. Therefore, complainants may be interviewed by the Office of Co-Prosecutors or the Office of Co-Investigating Judges. Complainants do not participate as parties to the judicial process and are not entitled to request reparations. However, they may be requested to testify as witnesses.
In total, VSS assisted
4,208
complainants to file victim information forms.
AS CIVIL
PARTIES
Victims who have filed complaints to the Co-Prosecutors or to the Co-Investigating Judges may request to become parties to judicial proceedings. This is a right provided for all victims under Cambodian law and the ECCC’s Internal Rules. Civil parties may take an active role in proceedings including challenges against defendants. Civil parties are entitled to request collective and moral reparations if a defendant is convicted.
AS WITNESSES
Witnesses include victims who can give first-hand or factual accounts of crimes considered by the Extraordinary Chambers. They need not have filed complaints to the Co-Prosecutors or Co-Investigating Judges. Witnesses may be summonsed by the Trial Chamber or Supreme Court Chamber to testify in the ECCC Courtroom.
VICTIMS’ ASSOCIATIONS
A victims’ association is a group of victims which collectively organizes their civil party action. These associations:
Assist civil parties, but are not themselves parties to the proceedings
Are supported by VSS
- May file complaints on behalf of their members2
- Receive summonses and notifications relating to their members3
Two victims’ associations were recognized at the Extraordinary Chambers.