The List of Lawyers

Human rights law guarantees an accused person the right to a lawyer who must be effective in their defence. This is even more important in complex cases involving allegations of genocide or crimes against humanity where a team of lawyers is necessary to prepare the case for the defence.
 
At the ECCC, the right of the accused to choose his/her own lawyer is guaranteed in the applicable law and Internal Rules. The DSS facilitates this process by providing the accused person with a List of Lawyers who are willing and able to represent them.   
 
The DSS will assess whether or not the accused person has the financial means to pay for lawyers. The ECCC will cover the cost of legal representation for those who cannot afford to pay.
 
An accused who does have the funds to pay for lawyers may engage a defence team directly. Lawyers may also represent a client ‘pro bono’, or for no charge.
 
The extent to which an accused may represent himself before the ECCC will probably have to be decided by the Court.     
 
Co-Lawyers
Each accused without the means to pay for lawyers is entitled to have two Co-Lawyers, one Cambodian and one foreign, in order to match the two Co-Prosecutors, who will be chosen from the List of Lawyers.
 
Co-Lawyers must meet certain criteria in order to be included in the List of Lawyers who may be paid by the ECCC. In addition, in order to be included in the list, foreign Co-Lawyers must register with the Bar Association of the Kingdom of Cambodia. The registration fee, which was determined by the Bar Association, is US$500.
 
Defence Teams
A great deal of preparation work has to be done in order to ensure that Defence Teams are ready for trial. Co-Lawyers may be assisted by Legal Consultants and Case Managers to assist on the case. This reflects the team of assistants that help the Co-Prosecutors. Co-Lawyers must select their Legal Consultants and Case Managers from the list of candidates pre-approved for payment by the ECCC, who will then work in the Defence Support Section offices.
 
Criteria – Cambodian Co-Lawyer
In order to be included in the list of Cambodian Co-Lawyers eligible to be paid by the ECCC, a candidate must fulfil the following criteria:
  • To be a member of the Bar Association of the Kingdom of Cambodia;
  • To have established competence in criminal law and procedure at the national or international level.
 
Criteria – Foreign Co-Lawyer
In order to be included in the list of Foreign Co-Lawyers eligible to be paid by the ECCC, a candidate must fulfil the following criteria:
  • To be a current member in good standing of a recognised association of lawyers in a United Nations member state.
  • To have a degree in law or an equivalent legal or professional qualification.
  • To have at least ten years of relevant working experience in criminal proceedings, as a lawyer, judge or prosecutor, or in some other capacity.
  • To have established competence in criminal law and procedure at the  international or national level.
  • To be fluent in Khmer, French or English.
  • To be authorised by the Bar Council of the Kingdom of Cambodia to practise before the ECCC.
 
Criteria – Legal Consultant
In order to be included in the list of Legal Consultants eligible to be paid by the ECCC when selected by Co-Lawyers, a candidate must fulfil the following criteria:
  • To have a degree in law or an equivalent legal or professional qualification.
  • To have at least five years of relevant working experience in criminal proceedings, as a lawyer, judge or prosecutor, or in some other similar capacity.
  • To have specific competence in international criminal law and procedure.
  • To be fluent in Khmer, French or English.
 
Candidates included in the list of Legal Consultants may also be considered for consultancies within the DSS or other offices of the ECCC.
 
Criteria – Case Managers
In order to be included in the list of Case Managers eligible to be paid by the ECCC when selected by Co-Lawyers, a candidate must fulfil the following criteria:
 
  • To have a degree in law or academic credentials relevant to the position.
  • To have completed legal professional training or to have equivalent professional legal experience of at least 2 years.
  • To have excellent computer skills.
  • To be fluent in Khmer.
  • To have French or English as a working language.
  • To have completed the Case Manager’s Course
Details of the Case Managers Course are available on the Training page of this website.
 
See Call for Interest
 
Application process
Applicants who are interested in working as Co-Lawyers to be paid by the ECCC should complete the relevant application form below. Completed application forms should be sent with supporting documentation by post to the address on the application form.
 
Applicants not seeking payment by the ECCC (such as those seeking to be privately paid or to act pro bono) need only complete the application for Registration which should also be sent with supporting documentation by post to the address on the registration form.
 
Applicants wishing to represent both victims and suspects should follow the same process as Co-Lawyers, and indicate their wish in the relevant section of the forms. The DSS will process the application for both lists, in coordination with the Victims Unit.
 
Applicants wishing to represent victims only should fill the registration form available at the web page of the Victims Unit.
 
Applicants who are interested in working as Legal Consultants or Case Managers should complete a P11 form and send a cover letter by email to defence@unakrt-online.org.
 
All applications will be considered by the DSS within 1 month of receipt of the completed applications.
 
Documents
 

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