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Organisation
Victim and Witness Support
Witness and expert support unit

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

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

Insider witnesses

those who have a direct connection with the suspect, charged person, or accused person

Expert witnesses

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
Witness support assistants

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.

RIGHTS OF WITNESSES

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

PROTECTIVE MEASURES

LEGAL FRAMEWORK

  1. UN-RGC Agreement
    1. Article 13: Rights of the accused or his/her lawyer to examine witnesses
    2. Article 17: Travel of witnesses from within Cambodia and from abroad
    3. Article 22: Witnesses and experts
    4. Article 23 Protection of victims and witnesses
  2. ECCC Law
    1. Article 23 new: Hearing of witnesses by the co-investigating judges
    2. Article 33 new: Protection of witnesses and protective measures
  3. Internal Rules
    1. Rule 24: Witnesses
    2. Rule 26: Live testimony of witnesses or experts
    3. Rule 28: Right against self-incrimination
    4. Rule 29: Protective measures
    5. Rule 31: Experts
    6. Rule 35(1)(d): Interference with witnesses or potential witnesses
    7. Rule 41: Summonses
    8. Rule 55(5): Investigative action by co-investigating judges
    9. Rule 60: Interview of witnesses
    10. Rule 84: Appearance of witnesses and experts generally
    11. Rule 88(2): Appearances before the Trial Chamber
    12. Rule 91: Hearing of witnesses
    13. Rule 93(2)(b): Right of the Trial Chamber to interview witnesses

RELATED DOCUMENTS

Filings
Language
WESU judicial filingsខ្មែរ | English | Français
Key documents
Case 001 witness decisionsE92ខ្មែរ | English | FrançaisE138ខ្មែរ | English | FrançaisCase 002/01 witness decision (trial)E312ខ្មែរ | English | FrançaisCase 002/01 witness decision (appeal)F2/5ខ្មែរ | English | FrançaisCase 002/02 witness decisionE459ខ្មែរ | English | FrançaisWitnesses, experts and civil parties who testified in Case 001ខ្មែរ | English | FrançaisWitnesses, experts and civil parties who testified in Case 002/01ខ្មែរ | English | FrançaisWitnesses, experts and civil parties who testified in Case 002/02ខ្មែរ | English | FrançaisWitnesses, experts and civil parties who testified in Case 002ខ្មែរ | English | FrançaisMemorandum of Understanding with TPOខ្មែរ | English | FrançaisTranscultural Psychosocial OrganizationEnglish