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.
OUTREACH AND
DISSEMINATION
VSS is mandated to disseminate information, in collaboration with stakeholders, and inform victims (who are all potential complainants and civil parties) of their rights to participate in the proceedings before the ECCC. VSS disseminate information to victims through all available means including radio, television, publication (online and in print). These initiatives are crucial to breaking the silence of victim-survivors.
INTERMEDIARY
ORGANIZATIONS
These organizations collaborate in technical, financial, or other aspects to support the work of VSS in judicial and non-judicial measures. These include but not limited to collection of victim information forms, identification of lawyers, implementation of reparation projects, and activities and events such as forums.
HelpAge Cambodia (Help Age)
Bophana Audiovisual Resource Center (Bophana)
Cambodian Human Rights Action Committee (CHRAC)
Khmer Art Academy
Transcultural Psychosocial Organization of Cambodia (TPO)
Youth for Peace (YfP)
Peace Institute of Cambodia (PIC)
Kdei Karuna (KdK)
Youth Resource Development Program (YRDP)
Cambodian-German Cultural Association (Meta House)
Documentation of Cambodia (DC-Cam)
Cambodian Living Arts
ECCC-Funded Civil Party Lawyers
LEGAL FRAMEWORK
- UN-RGC Agreement
- Article 23: Protection of victims
- Article 12 (1): The procedure shall be in accordance with Cambodian law.
- Law on the Bar dated 15 June 1995
- Article 2: The lawyer may represent civil parties with their agreement in adjudicatory bodies and in all stages of judicial proceedings.
- ECCC Law
- Article 23 new: Hearing of victims by the co-investigating judges
- Article 33 new: Protection of victims and protective measures
- Article 36 new: Appeals by victims
- Internal Rules
- Rule 12: Organization of victims participation
- Rule 12 bis: Victims Support Section
- Rule 12 ter: Civil Party Lead Co-Lawyers
- Rule 21(1)(c): Responsibility to keep victims informed respect rights
- Rule 23: General principles of victim participation as civil parties
- Rule 23 bis: Application and admission of civil parties
- Rule 23 ter: Representation of civil parties
- Rule 23 quater: Victims associations
- Rule 23 quinquies: Civil party claims
- Rule 29: Protective measures
- Rule 41(1), (4): Summonses to civil parties
- Rule 49: Victim complaints to co-prosecutors
- Rule 54: Public information by prosecutors
- Rule 55(5)(a): Summonsing and interviewing of victims by co-investigating judges
- Rule 55(10): Investigative action requests by civil parties
- Rule 59: Interview of civil parties by co-investigating judges
- Rule 67(5): Notifications of closing orders to civil parties
- Rule 74(4): Appeals by civil parties to the Pre-Trial Chamber
- Rule 75(1): Notice of appeal by civil parties before the Pre-Trial Chamber
- Rule 88(1): Appearance before the Trial Chamber
- Rule 89 quater(4): Effect of reduction of the scope of a trial on civil parties
- Rule 94(1)(a), (2): Closing statements by civil parties before the Trial Chamber
- Rule 100: Judgement on civil party claims
- Rule 105(1)(c): Appeal of decisions on reparations and verdicts before the Supreme Court Chamber
- Rule 106(3): Representation of the civil parties before the Supreme Court Chamber
- Rule 110(5): Introduction of new claims before the Supreme Court Chamber
- Rule 113: Enforcement of sentences and civil party reparations
- Practice Direction on Victims ParticipationThis Direction sets out the applicable procedure for civil party applications and representation. Click here to read full text.
- Practice Direction on Protective MeasuresThis Direction sets out applicable procedures, scope, and variations of protective measures. Click here to read full text.
