WITNESS
AND EXPERT
SUPPORT UNIT
The Witness and Expert Support Unit (WESU) was established within the Court Management Section (CMS) to facilitate the appearance of witnesses, experts and civil parties before the Extraordinary Chambers. WESU supported witnesses at all stages of the judicial process including preliminary investigation, judicial investigation, trial and appeal.
The Unit was responsible for:
Ensuring a safe and secure environment for all witnesses in their interactions with the Extraordinary Chambers
Avoiding further harm and re-traumatization to witnesses, in particular civil parties who were direct or indirect victims of crimes
Informing witnesses about their rights
Providing psychosocial support and referral services
Working closely with the judicial offices and/or chambers, Court Management Section, Victims Support Section and Office of Administration to provide operational, logistical and administrative support to enable the appearance of witnesses
WESU assisted several types of witnesses who testified before the ECCC:
Fact witnesses
those who have knowledge about what happened and can testify about events. Fact witnesses may be victims who suffered direct or indirect harm
Insider witnesses
those who have a direct connection with the suspect, charged person, or accused person
Expert witnesses
those who can testify about matters within their field of expertise, for example, historical experts
SUPPORT SERVICES
Witnesses of atrocities are often traumatized by their experiences and reliving them through interviews or through testimony in a foreign environment such as a court can be a harrowing ordeal.
To avoid the risk of retraumatizing victims, WESU provided the following services to witnesses before, during and after their interactions with Extraordinary Chambers:
1
Witness support assistants
ECCC personnel trained in providing social support assisted witnesses at all stages of their interactions with the Extraordinary Chambers. Examples of services offered by witness support assistants include:
- Providing 24-hour standby support and assistance to witnesses during their stay in Phnom Penh, including at their accommodation locations and at the ECCC
- Accompanying witnesses to and from their homes to interview locations and/or the ECCC
- Providing witnesses with information about their rights and entitlements
- Arranging wellness debriefings prior to witnesses’ return home
- Follow-up visits and check-ins after interviews and/or testimony to gauge wellbeing after interaction with the ECCC
2
Referral to the Transcultural Psychosocial
Organisation (TPO)
A formal memorandum of understanding between WESU and TPO was established in 2007 to provide information and treatment to witnesses experiencing stress and trauma symptoms as a result of their experience under the Khmer Rouge regime and/or appearance before the Extraordinary Chambers. This service was available during and after all stages of the judicial process and in all areas of Cambodia.
3
Support person
In circumstances where a witness wishes to be accompanied by a support person, WESU undertook responsibility for the arrangements and costs of transportation, accommodation and meals for that person.
4
Protection and protective measures
WESU coordinated with Extraordinary Chambers Security Commission and local authorities to ensure the safety and protection of witnesses before, during and after their appearance at the ECCC.
WESU personnel were also consulted by the judicial offices, defence and/or chambers about the appropriateness of protective measures, particularly for threatened witnesses.
RIGHTS OF WITNESSES
1
Access to a lawyer
Witnesses may object to making any statement that might incriminate them. The right against self-incrimination applies at all stages of proceedings, and under Internal Rule 28(9), the ECCC provided witnesses with a lawyer to support them. WESU maintains a roster of duty counsel comprising suitably qualified Cambodian lawyers to advise witnesses as required.
2
Lost wage entitlement and meal allowances
To minimize the financial burden on witnesses brought to the ECCC, WESU provided an allowance for meals and lost wages. The entitlement was reflective of the average gross domestic product and was designed as a reasonable compensation for lost wages, economical loss, and the expenses at a witness’s home for the time they were away.
3
Subsistence allowance
Witnesses who were required to travel internationally to be interviewed or to provide testimony before the Extraordinary Chambers were entitled to a daily subsistence allowance (DSA) to cover personal expenses including accommodation, meals, and incidental costs.
PROTECTIVE MEASURES
AT THE PLACE OF RESIDENCE
Protective measures where witnesses reside aim to limit the witness’s exposure to threats or provide an appropriate response to an identified threat. When there are multiple and suitable and available options for protective measures, the least intrusive option on the witness’s wellbeing is selected. Such measures include local protection measures.
IN THE COURTROOM
The Chamber can order certain protective measures that apply while the witness testifies in order to protect the witness’s identity and whereabouts. Such measures have included:
Withholding a witness’s name, address, whereabouts, and other information which may identify the witness (non-publication and non-disclosure orders)
Assigning a pseudonym by which the witness is referred, instead of their name
Removing the witness’s name from court documents, and sealing or redacting such information from public records
Distorting the witness’s voice and/or physical features on court television screens and/or placing screens around the witness to prevent the public seated in the courtroom gallery from recognizing the witness
Conducting proceedings in closed session, i.e. behind closed doors
