The Victims Support Section (VSS) of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has begun taking necessary steps in order to prepare for the participation of a large number of victims, in particular Civil Parties, in the upcoming second trial before the Court.
Recent developments at the VSS indicate that the VSS is well prepared to fulfill its mission in time for the second trial:
Personnel, Resources and Strategy
The Head of the VSS, who served as the Officer-in-Charge for a short period, now holds his position in full capacity. In addition, the newly recruited Outreach Coordinator began work on 1 September 2010. Together with the existing VSS staff, the new team is expected to enhance the degree of victims’ participation while the Court prepares to enter a new stage of the legal proceedings in Case 002 following the Closing Order of the Co-Investigating Judges. To assure positive results and impacts of the Section’s work, the VSS has received financial support from the donors respectively to assist this Section fulfills its mandate.
The VSS has recently developed its 3-year Strategic Plan 2011 -2013 to serve as a road map for directing its activities in order to prepare to cope with potential challenges and newly emerging trends, including mass participation of victims in the legal proceedings, outreach activities, reparations, and non-judicial measures. The Section is now in the process of consultation with relevant stakeholders in order to harmonize activity plans. This consultative and integrated direction will also guide the Section’s activities, and the collaboration with its partners, including other Sections of the ECCC, lawyers and civil society.
Victim Participation and Outreach
Out of 3,988 Civil Parties seeking participation in Case 002, the Co-Investigating Judges declared 2,124 admissible and approximately 1670 appeals were filed, pending the decisions of the Pre-Trial Chamber. This together with others will make Case 002, in terms of victim participation, one of the most significant cases in international criminal justice to date. The challenges regarding accessibility to proceedings and the management of expectations are enormous. The VSS, in close collaboration with lawyers and civil society partners, is committed to maximizing its resources to reach out to those victims, in particular Civil Parties, and to make their participation meaningful. In order to deal with recent inadmissibility issues in Case 002, an upcoming public forum is scheduled to be held in the middle of November 2010. This will allow inadmissible Civil Party applicants to have direct and outreach-sensitive dialogues with the Court, including Co-Investigating Judges, VSS, and their lawyers.
Legal Representation
Following amendments to the ECCC’s Internal Rules at the 7th Plenary Session in February and at the 8th Plenary Session in mid-September, the Office of Administration shall establish a new Civil Party Lead Co-Lawyers Section to ensure the effective organization of Civil Party representation during the trial stage and beyond. The position of the national Civil Party Lead Co-Lawyer was filled by a former Court-funded Civil Party lawyer on 1 October 2010 and a replacement for his former position has already been found, while the UNAKRT is in the process of recruiting an international Civil Party Lead Co-Lawyer. In support of the two Lead Co-Lawyers and Civil Party lawyers, two national Case Managers have now been taken on board. The VSS will continue assisting Lead Co-Lawyers and Civil Party lawyers in line with its mandates as stipulated in the Internal Rules.
Non-Judicial Measures and Collective and Moral Reparations
Following further amendments to the ECCC Internal Rules at the 7th and 8th Plenary Sessions, the mandate of the VSS has been further extended in two areas: (1) The VSS has been entrusted with the development and implementation of non-judicial programs and measures which address the broader interests of victims. Such programs may be developed and implemented in collaboration with organizations external to the ECCC. In addition,
(2) The new rules allow the Civil Party Lead Co-Lawyers to seek specific moral and collective reparation measures to be designed or identified in collaboration with the VSS, and implemented with external funding. Any projects to be developed will be done in collaboration with governmental and non-governmental organizations. The new reparation schemes will be applied to the proceedings in Case 002 and beyond. The VSS is also currently recruiting a new national Project Manager who, along with an International Advisor will provide the Section with an initial capacity to begin the implementation of both of these mandates.
All these recent developments at the VSS outlined above lead the momentum of the VSS to pursue both justice for the victims, and genuine participation from the victims through judicial and non-judicial measures and programs, both during the court proceedings and beyond.
Victims Support Section prepares for the ECCC’s second trial
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