What is a Victims’ Association?
A Victims’ Association is an association made up solely of Victims coming within the jurisdiction of the ECCC, which is validly registered in the country in which it is carrying on activities at the time of its intervention before the ECCC, and has been validly authorised to take action on behalf of its members.
What part do Victims’ Associations play in the ECCC?
Victims’ Associations facilitate the collective organisation of Civil Party Action. Victims’ Associations may assist Civil Parties, but they are not themselves Civil Parties to the proceedings. Civil Parties who are members of the Victims’ Association are represented by the lawyers of the association. Summonses and notifications concerning its members are served via the association.
Are Victims’ Associations authorised to lodge complaints?
Victims’ Associations are authorised to lodge complaints with the Co-Prosecutors on behalf of a Victim. Just like complaints submitted by individuals, such complaints should be submitted to the Victims Support Section (VSS), which files them with the Co-Prosecutors. They do not automatically initiate criminal prosecution. The Co-Prosecutors decide whether to reject the complaint, include the complaint in an ongoing preliminary investigation, conduct a new preliminary investigation or forward the complaint directly to the Co-Investigating Judges.
When is a Victims’ Association authorised to act on behalf of its members?
In order for a Victims’ Association to be authorised to act on behalf of its members it must be admitted to the list of Victims’ Associations approved to act on behalf of Civil Parties before the ECCC. This list is drawn up and maintained by the VSS.
How can Victims’ Associations apply to be admitted to the list drawn up by the VSS?
In order to be included in the list of Victims’ Association, such Association has to provide the VSS with documentation showing that it is validly registered or established in the country in which it is carrying out its activities and that it is authorised to act on behalf of its members. A Victims’ Association carrying on its activities in Cambodia has to register with the Ministry of Interior of the Kingdom of Cambodia pursuant to the applicable procedure. The sole fact that a foreign registered Victims’ Association represents victims residing abroad before the ECCC will not be construed as carrying out activities in Cambodia for this purpose. For further information, please contact:
Ministry of Interior
#275, Blvd. Norodom, Phnom Penh, Cambodia
What if the application of the Victims’ Association is refused?
Any Victims’ Association whose application for admission to the list of Victims’ Associations is refused or has not been examined within 30 (thirty) days of receipt by the VSS, or which is excluded from the list, may appeal to the Pre-Trial Chamber within 15 (fifteen) days of receiving notification of the decision of the Chief of the VSS or the end of the 30 (thirty) day period, as appropriate.
APPLICATION FORM – ADMISSION TO LIST OF VICTIMS’ ASSOCIATIONS
For further details, please see Rule 23quater of the Internal Rules and Article 5 of the Practice Direction on Victim Participation.
Website : http://ksemksan.org/