Civil Parties

Civil parties

Victims who are admitted as parties to judicial proceedings are called civil parties.

Civil parties are entitled to:

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1. Be represented by a lawyer¹

2. Participate actively in criminal proceedings²

3. Request collective and moral reparations³

4. Organize victims associations⁴

5. Request measures to protect their safety, wellbeing, and privacy

Recognition of victims as parties in a case

To be recognized as parties to criminal proceedings before the ECCC, victims in their civil party applications must:⁵

1. Be clearly identified

2. Demonstrate that they suffered physical, material or psychological injury as a direct consequence of a crime alleged against a defendant

6,422

applications were received in the cases before the

ECCC:

Case 001

Case 002

4,128

Case 003

646

Case 004

2,014

Case 004/01

1,842

Case 004/02

1,920

civil parties were

recognised in case 001

3,869

in case 002.

Civil parties’ voices

Civil party testimony is an important source of information and for establishing the historical record, especially as it concerns the atrocities of the Khmer Rouge regime.

Civil parties attended ECCC hearings to provide testimony and statements of harm.

Civil parties were called to testify:

in case 001

in case 002/01

in case 002/02

Legal representation

Civil parties are represented by civil party lawyers at the pre-trial stage. They may be individually represented or may form groups with other civil parties to be represented by a common lawyer.⁶

Civil parties are entitled choose from Cambodian and foreign lawyers who are registered with the Bar Association of the Kingdom of Cambodia (BAKC).⁷ The Victims Support Section maintains a list of lawyers eligible to represent victims and civil parties.⁸

Legal representation was provided for all civil parties in cases 001, 002, 003 and 004. Lawyers cooperated closely with the reparations and non-judicial measures to address civil parties’ expectations in redressing harm suffered.

In total,

Cambodian and foreign lawyers were recognized by the ECCC to represent civil parties.

Lead Co-Lawyers

The legal interests of civil parties are represented by civil party lead co-lawyers at the trial stage and beyond. The lead co-lawyers comprise one Cambodian and one foreign lawyer, selected by the Office of Administration from the list of eligible lawyers maintained by VSS.

The lead co-lawyers represent victim interests in a single, consolidated group before the Extraordinary Chambers. The lead co-lawyers have the ultimate responsibility for advocacy, strategy and in-court presentation of civil party rights at the trial stage and beyond.⁹

The lead co-lawyers are supported by the civil party lawyers, who continue to be consulted on the coordinated representation of victims, and provide support to the lead co-lawyers.¹⁰

Five lead co-lawyers were appointed in case 002:

. Mr. PICH Ang (Cambodia, 2011-present)
. Ms. Elisabeth SIMONNEAU FORT (France, 2011-2014)
. Ms. Marie GUIRAUD (France, 2014-2019)
. Ms. Megan HIRST (Austalia, 2019-2022)
. Mr. Falguni DEBNATH (Canada, 2022-present)