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The 2005 Legal Training Project on
Criminal Defense before the Upcoming Khmer Rouge Tribunal
Report on the Legal Training of July 2005
This report describes the Legal Training, which took place at the
DC-cam’s office from 11 to 22 July 2005.
I. The legal training’s sessions
1. Overview
The legal training’s sessions focused on “Criminal defense before the
upcoming Khmer Rouge tribunal (KRT)”.
The topics presented during the legal training were the following
ones:
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An introduction to the upcoming KRT.
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The rights of the defendant.
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The role of the defense counsel before the KRT.
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Potential challenges for defense counsel before the KRT.
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Rights and duties of defense counsel before the KRT.
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Types of defenses.
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Defense’s motion and closing
arguments.
Those topics were presented in different fashions (see the July legal
training’s agenda).
: lectures; presentation and screening of a video on a hearing before
the ICTY; visit to a courtroom and monitoring of a criminal trial;
workshops; wrap up exercises (including questions and answers sessions
and drafting of essays).
The majority of the trainees present during the lectures seemed
utterly interested in the topics presented. The participation of the
trainees during the lectures and other activities was very active. The
trainees asked the guest lecturers and the legal training team
numerous questions in relation with the theme of the training, i.e.
criminal defense before the KRT. Some of the trainees with experience
related to criminal trials or defense also took advantage of this
training to share their knowledge and experience with the other
participants.
2. Comments made by some of the trainees on the topics and forms of
the legal training sessions
On the legal training’s topics:
“It's a great opportunity for all the participants to know more about
the vital role of defense counsel and what it means as general.”
“All the topic in the legal training are very interesting and useful
before the KRT.”
“These topics are very interesting”
“should extent more story.”
“I still feel I got to know [about] introduction [to the krt]... not
so much like what I expect. Sometimes I feel it [is a] great lesson
but sometimes it is not. So it would be fruitful if we handed some
document of other country (like US) to compare what do they do in
Cambodia right of defendants.”
On the way the training was proceeding (lectures, workshops, etc…):
“It gives time to all participants to distribute their thinking
regarding the topics.”
“I think that it's very good in order to share some knowledge and
information to participants.”
“we have learned a lot from the above activities. Through those
activities we can learn more as well as share some knowledge and
experiences from one to other participants.”
“I find the course so interesting, yet there should be workshop more
than this. Workshop would be conducted in the afternoon session only
because it helps to release trainees' stress and provoke them learn
more.”
“But have to make sure that all lecturers have to provide extra
materials to students so they will clarify and can compare to other
document and have a lot of idea.”
II. Involvement of the Summer Legal Associates in the legal training
Karen Yookyung Choi (University of Toronto, Faculty of Law, Canada),
Janet Lee (Rutgers-Newark Law School, USA), Gabriel Kuris (Harvard Law
School, USA) and Kevin Osborne (Santa Clara Law School, USA) were
present during all the legal training. Devon Chaffee (Georgetown
University Law Center, USA) took part in the preparation of the
training manual and legal training’s sessions, but was back to the US
when the training started.
Karen and Janet made a presentation on the “Introduction to the KRT”
in the morning session of day 1 of the training. Gabriel and Kevin
facilitated the presentation and screening of a video-tape on an ICTY
trial hearing in the Milosevic case on day 1 of the training
(afternoon session). All of them made excellent presentations.
In addition, when the trainees were split into groups either during
the lectures (example: a guest lecturer asked for the trainees to be
split into 4 groups during his lecture for them to study some
materials) or workshops and wrap up exercises, each of the legal
interns joined a group and assisted and directed the trainees in their
task.
III. Involvement of the foreign and Cambodian guest lecturers
Foreign guest lecturer I:
Alexander Bates, UK Barrister and former international prosecutor
before Kosovo mixed tribunal, dealt with “the rights of the
defendants” and, more particularly, with the presumption of innocence,
the right to have a defense counsel, the right to have adequate time
and facilities for the preparation of the defense, and the right to
examine and cross-examine witnesses. He took part to four days of the
legal training (days 2 to 5).
Alex Bates provided the trainees with two types of outlines for each
presentation: one being more detailed than the other one. Each of his
presentations was split into three parts: 1. the lecture, 2. time
given to the trainees for preparing answers to specific questions put
forward by him (based on the more detailed outline), 3. oral
presentations by the trainees of the answers to the questions. Alex
Bates also designed the workshop of the first week and facilitated
most of this workshop.
Foreign guest lecturer II:
Judge Nancy Gertner, USA District of Massachusetts, District Court,
dealt with “the role of the defense counsel before the KRT” and
“rights and duties of defense counsel before the KRT”. Judge Gertner
also presented one topic “the potential challenges for defense counsel
before the KRT” jointly with Mr. Bun Honn (see below). She was present
during two days of the training (days 6 and 7).
Judge Gertner’s presentations followed outlines that she had prepared
and which had been distributed to the trainees beforehand. During her
presentations, Judge Gertner made numerous references to her practice
as a defense counsel and judge in the US.
Foreign guest lecturer III:
Professor George Harris, University of the Pacific, McGeorge law
school, Sacramento, California, USA, dealt with “types of defenses”
and “defense’s motion and closing arguments” and took part in the last
three days of the training (days 8 to 10).
Pr. Harris provided detailed outlines on those two above topics and
delivered very comprehensive lectures, notably on affirmative and
failure of proof defenses. Pr. Harris also facilitated a workshop
designed by the legal training team with his advise. In addition, he
also took part in the wrap up exercise of the last day of the training
session.
Cambodian guest lecturer:
Mr. Bun Honn, a trial attorney and
Secretary General of the Lawyers Training Center,
dealt with “the rights of the defendants in practice in Cambodia” and
“the potential challenges for defense counsel before the KRT”. He took
part in two afternoon sessions (on days 3 and 6).
Mr. Bun Honn gave detailed presentations on the way defense counsel
practice in Cambodia before criminal courts. He also provided the
trainees with outlines of his presentations in advance.
IV. Legal training’s materials
1. Overview
The legal training team prepared two volumes of course materials on
“criminal defense before the upcoming KRT”.
The first volume contains 6 Chapters entitled as follows:
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Chapter
One: Introduction to the Khmer Rouge Tribunal
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Chapter
Two: The Rights of the Defendant
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Chapter
Three: Role of Defense Counsel and Potential Challenges faced by
Defense Counsel Before the Khmer Rouge tribunal
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Chapter
Four: Rights and Duties of Defense Counsel
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Chapter
Five: Types of Defenses
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Chapter
Six: Defense Motions, Closing-Arguments, and Appeal Briefs.
The total
length of those Chapters is 56 pages.
In addition, each chapter is illustrated by supplemental readings,
such as, for instance, excerpts of scholars’ books or decisions
delivered by international criminal tribunals or the UN Human Rights
Committee.
The second volume contains: a tables of relevant laws for criminal
defense before the KRT; an introduction to those laws; and the texts
of those laws in Khmer.
Both documents were distributed and presented to the trainees on 6
July 2005 and on subsequent days. In the course of the training, the
legal training team regularly informed the trainees about where in the
course materials they could find some specific information (example:
the definition and the key elements of crimes against humanity), or
answers to some of the issues discussed during the presentations
(example of question: whether or not in Cambodia defendants have the
right to be assisted by defense counsel during their examination by
the investigative judge – answer: reference was made to the relevant
Chapter of the course material dealing with this issue, as well as to
the relevant Articles of the law on criminal procedure).
2. Comments made by some of the trainees on the training materials
“Volume II is okay because all mentions on rule. But volume I, I feel
not so much satisfied with it because some lessons have not enough
points in detail, which make readers lack of information when they
read. Moreover, sometimes organizing the text is complicated.”
“Not much I can do as the materials are too long and we have not
enough time to go through them. Anyway we can review them later as
time is available for us.”
3. The trainees’ attendance
The training session had a total of 18 morning and afternoon sessions.
The trainees were all members of NGOs dealing with human rights or
legal issues. 9 DC-Cam’s employees also attended the training session.
Out of the 19 persons selected for the July training session, 5 did
not attend any of the training sessions. Regarding the remaining 14
participants, the majority of them attended more than half of those
sessions, but none of them managed to attend all 18 sessions. In
addition, most of the DC-Cam’s employees were present at each training
session.
Prepared by Héleyn Uñac
heleynunac@hotmail.com
and
Dara
P.
Vanthan
truthpdara@dccam.org
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