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TRIBUNAL RESPONSE TEAM |
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So Vanna alias So
Phim (center, in black) and Khmer Rouge troops visiting a unit of
volunteer Vietnamese communist fighters, 1973. The photo was taken
shortly before the allied guerillas launched an attack on the Krabao
military base in Kampong Cham province as part of the civil war
against the Khmer Republic government led by Marshal Lon Nol. So Phim
later became the Secretary of the CPK for the Eastern Zone of
Democratic Kampuchea. He committed suicide on June 3, 1978. Source:
Documentation Center of Cambodia Archives/VNA. |
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A
Response Team for the Khmer Rouge Tribunal |
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Background
The
archives of the Documentation Center of Cambodia (DC-Cam)
comprise the world’s largest collection of primary documents
on Democratic Kampuchea. The Center is thus poised to play a
pivotal role in the upcoming tribunal of senior Khmer Rouge
leaders (the Extraordinary Chambers in the Courts of
Cambodia, or ECCC).
We are
requesting support for a three-year project (2007-2009, to
coincide with the trials). The DRL’s support will allow our
Legal Response Team to assist the ECCC in accessing DC-Cam’s
collection, provide outreach services to Cambodian society
and the international community in connection with the ECCC,
and work to ensure that victims and witnesses have adequate
support as they participate in tribunal proceedings.
The Legal
Response Team began operating informally in October 2005 and
officially in February 2006, without funding. Some of its
activities to date include:
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Compiling and translating relevant Communist Party of
Kampuchea telegrams and other communication documents,
as well as legal materials |
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Locating potential informants for the tribunal, as well
as undisturbed mass graves |
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Identifying cadre names to establish chains of command
and identify potential witnesses |
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Compiling lists of actions considered to be possible
crimes/abuses |
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Responding to requests
from UNKART (United Nations Assistance to the Khmer
Rouge Tribunal) and ECCC staff; to date, we have
provided them with databases containing over 50,000
documents held at DC-Cam, 400,000 pages of document
copies, and 19,000 pages of interviews, as well as
materials in response to specific requests |
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Training Judicial Police staff on conducting on-site
investigations at mass graves, taking statements, and
the protection of both witnesses and accused persons |
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Providing the Center’s glossary of Khmer Rouge terms to
such organizations as the Voice of America |
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Conducting a study to understand the attitudes of people toward witnesses at the Tribunal, assessing the threats they might face, and devising ways to respond to their needs. |
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Program
Planning/Ability to Achieve Objectives
DC-Cam
began planning for the Legal Response Team in 2003, and our
staff is well prepared to meet the project’s goals. First,
they have been working with and conducting research on
DC-Cam’s archival documents for nearly 10 years, and so are
very familiar with both their contents and the
sometimes-arcane use of terms the Khmer Rouge employed.
Second, using such primary documents as biographies written
during the regime, members of the team have been tracing and
interviewing former cadres, who may be in a position to
provide valuable evidence or testimony at the ECCC. Third,
we have been able to send over 20 of our staff members
abroad for advanced degrees in such fields as law and peace
and reconciliation, giving them a good grounding for their
work on the Legal Response Team (three of our staff members
have already been seconded to the ECCC).
The Center
has several programs in place that will support the Team. In
the legal arena, these include our Documentation Team (which
is the steward of our archives and enters our documents into
publicly available databases) and Promoting Accountability
Project (which interviews former cadres and victims in the
provinces). We also have a variety of projects that help the
Cambodian public better understand the modern history of
their country as well as the impending legal proceedings,
such as the Living Documents Project (which brings about 500
villagers a month for tours of the ECCC and genocide sites)
and public outreach projects (magazine, film, radio, Public
Information Room). Last, the Center’s Victims of Torture
Project identifies and counsels Cambodians suffering from
post-traumatic stress disorder, and will play an important
role in supporting victims and witnesses.
We have also enjoyed the support
of the Royal Government of Cambodia for our activities. This
includes permissions to allow our staff and volunteers to
distribute documents on the Tribunal throughout Cambodia, to
work with nearly 400 mosques nationwide on documenting the
history of Muslims during the regime, and to liaise with
1700 commune offices on our Living Documents Project. By
maintaining neutrality and objectivity, we enjoy a degree of
latitude that few other NGOs in Cambodia have to implement
projects without government interference.
Project Functions
The
Response Team will not provide formal legal advice to any
ECCC personnel; however, it will be made constantly
available to assist with searching for and providing
documents, and helping the ECCC to understand and interpret
the documentary record left by the Khmer Rouge. In its
outreach capacity, the Team will focus on using the ECCC
proceedings to enhance the legal literacy of the Cambodian
public through a monthly newsletter and the distribution of
other publications. The Team will also assist potential
witnesses and members of the general public through such
services as counseling (we note that the Tribunal may, by
necessity, force many people to re-live the traumas they
experienced during Democratic Kampuchea). In this vein, we
plan to build the capacity of our own staff to provide
counseling and other services in the long term.
Project Team
The
Response Team will consist of both Cambodian and foreign
experts. Most will be drawn from DC-Cam’s staff and be based
permanently at the Center; others will consult from abroad
and travel to Cambodia to work with the Response Team on an
as-needed basis. (Please note, the titles for our team
members have changed somewhat since our statement of
interest was submitted.)
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Position |
Main
Responsibilities |
Individuals
Assigned |
Chief of Response Team (International Attorney) |
Overall responsibility for legal aspects of the
project, reports to DC-Cam’s director |
John Ciorciari, JD, Harvard, senior advisor to the
Under and Assistant Secretaries for International
Affairs, U.S. Department of the Treasury.
(Note: Mr. Ciorciari will participate in the project
on a voluntary basis.) |
Response Team Coordinator (Cambodian) |
Day-to-day administrative management of Cambodian
staff and interns, point of contact with ECCC,
liaison with press and Cambodian public |
Dara P. Vanthan, LLM, Notre Dame, deputy director of
DC-Cam, acting head of the Response Team. Earlier
directed the Living Documents (tribunal outreach)
Project. |
Response Team Coordinator (Expatriate) |
Day-to-day work with the Response Team chief and
Cambodian coordinator on legal and administrative
matters, point of contact with ECCC, liaison with
English speakers |
Candidates include: Julia Fromholtz, JD, University
of California, Berkeley, former law clerk, US Court
of Appeals, and Kevin Osborn, JD, Santa Clara
(2007), DC-Cam legal intern, 2005. |
Public Affairs Officer |
Manage the Team’s public affairs functions and
external tribunal outreach program, publicize the
work of the tribunal in Cambodia and abroad |
Dacil Q. Keo, MA, political science, University of
Wisconsin-Madison, and legal intern. In 2007, will
leave DC-Cam to begin pursuing a PhD. |
Kok-Thay Eng, director of research (currently a PhD
candidate in global affairs at Rutgers and Fulbright
scholar), will replace Ms. Keo in 2007. |
Legal Officer |
Coordinate and manage formal inquiries concerning
ECCC legal or related matters |
Terith Chy, LLM, Hong Kong University, field
investigator, Legal Response Team, translator. |
Historical Officer (2) |
Produce public documents concerning historical
events relevant to the tribunal, manage historical
analyses for public consumption |
Phalla Prum, MA, peace and reconciliation, Coventry
University, member Promoting Accountability Team,
researcher on Buddhism. |
Kheang Ly Sok, MA, peace and reconciliation,
Coventry University, member Promoting Accountability
Team, legal translator. |
Research Assistant |
Assist historical officers |
Rasy Pheng Pong, BA, English, Build Bright
University (Phnom Penh), 2007. Led DC-Cam mass grave
mapping work, field investigator on Response Team. |
Web Designer/Technician |
Maintain website dedicated to daily reporting on
ECCC, improve search engine, add Khmer fonts |
Chhayran Ra, BA, MIS, National Institute of
Management (Phnom Penh), Promoting Accountability
Team, DC-Cam website designer. |
Technicians/Database Specialists (2) |
Monitor and update DC-Cam’s databases; assist with
Khmer website |
To be
determined. |
International Legal Advisors
(all of the individuals nominated are currently
advisors to DC-Cam; one or more will serve depending
on availability) |
Provide strategic, legal, research and other advice
to the team as needed |
Elizabeth
Van Schaack, JD, Yale, assistant professor of law,
Santa Clara University, former law clerk, ICTY. |
Ronald
Slye, JD, Yale, professor, Seattle University,
member, Desmond Tutu Peace Foundation. |
Jaya Ramji
Nogales, JD, Yale, assistant professor of law,
Temple University. |
Legal Advisor |
Same as that of the international legal advisors |
Chey Entero, JD, Pacific Coast University, CA,
member, Cambodian and Asia Pacific Bar Associations.
Currently member of the Council of Jurists,
Cambodia, where he writes and reviews draft laws. |
Counseling Specialist
(Expatriate) |
Coordinate the provision of support services to
victims and witnesses participating in the ECCC;
organize trainings for Cambodians involved in
outreach to KR victims; coordinate referrals to
social services. |
Gerald Gray, MPH, University of California at
Berkeley. Licensed psychotherapist for 23 years; has
treated survivors of torture for 16. First director
of a torture treatment center: the Asian Americans
for Community Involvement Center in San Jose, CA.
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Head Documentarian |
Help ECCC navigate DC-Cam’s archives, provide
informal translation services and summarize key
documents |
Sampeou Ros, BE, education, Build Bright University.
Manager of DC-Cam’s Database Team, which archives
documents at the Center. |
Documentarian (4) |
Assist Head Documentarian |
Volunteers at DC-Cam. |
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Detailed Work Plan including Target Dates for Completion of
Proposed Activities
We have
divided our Work Plan into three basic components. We note
that much of the Team’s work, particularly its assistance to
the ECCC, will be in response to requests from that body,
and will require flexibility and quick response. Thus, most
of the Team’s work will be continual throughout the
three-year project period. In addition, due to staffing
limitations, it will also rely partially on interviews
conducted by other DC-Cam teams (e.g., Promoting
Accountability to help establish chains of command). In this
vein, the Legal Response Team will work in a review and
analytic capacity.
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Assistance to the ECCC |
Year 1
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Year 2 |
Year 3 |
Provide documents, maps, photographs and other
materials; translations; interpretations; and
analyses to the ECCC on request. (We anticipate that
the need for translation will be minimal, as the
ECCC has its own translators and our Team does not
have the capacity to provide these services on a
continual basis.) |
Assist NGOs, the press, and members of the public
with research on Democratic Kampuchea, the Tribunal,
and relevant legal matters. Attend meetings and
forums of other NGOs on Tribunal-related matters. |
Locate and interview
potential informants/witnesses for the tribunal and
use these interviews in conjunction with documents
to establish chains of command, both at the request
of the ECCC and for the purposes of the historical
record on Democratic Kampuchea. |
Catalog interviews
conducted by the Promoting Accountability Team and
correlate them against mass grave, prison and
memorial sites. |
Respond to requests for training from the ECCC,
Cambodian government, or NGOs. For example, in 2006,
the judicial police asked DC-Cam to provide training
on witness security; after the course was completed,
they asked for additional training. Other topics
could include legal investigations and research
techniques, and monitoring the ECCC. It will likely
be necessary to bring in outside experts for this
work, due to staff limitations, so the number of
trainings will depend on the funding available. |
Locate Communist Party of Kampuchea officials –
particularly those likely to stand trial or serve as
witnesses – whose names appear on Khmer Rouge
communication documents. Confirm their current
status (alive, dead, missing) and publish the list
on the center’s website. |
Continue searching for
undisturbed mass graves for forensic analysis and
translate mapping reports and Promoting
Accountability interviews most relevant to senior
leaders of the Communist Party of Kampuchea
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Produce monograph on mass graves from Democratic
Kampuchea with particular attention to undisturbed
graves (January). |
Database evaluation and upgrade plan completed
(September), database updated continually.
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Database updates continue; improved search engine
and instructions added to site (February). |
If
Khmer fonts are available, they are added to the
site before June. |
Public
Education/Awareness |
Work with the Center’s Living Documents and Public
Information Room Projects to compile lists of
questions that villagers ask about the tribunal.
Write brief, easy-to-understand answers to these
questions and disseminate them through pamphlets,
DC-Cam’s magazine, and radio.
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Travel to selected villages, giving training them on
how to monitor the trials, film the sessions, and
show the films through other projects. |
Prepare articles for local newspapers, radio
stations and DC-Cam’s magazine to update the public
on the work of the ECCC and the tribunals, once they
begin. Participate in local radio shows and air
DC-Cam radio programs (interviews with victims and
perpetrators, as well as ECCC officials, call-in
question and answer sessions, etc.). |
Each year, produce an assessment on the transparency
of the ECCC proceedings. Initially, this report will
be prepared for DRL, but we will need its feedback
on whether it is made public. |
Work with ECCC and Cambodian Government officials to
ensure that materials and statements are easy for
the public to understand (for example, create a
simple glossary of legal terms) and cooperate with
the ECCC in delivering materials to the provinces. |
Work with the NGO community in Cambodia to ensure
that materials distributed to the public are as
accurate as possible and not duplicative. |
Produce documents for the public concerning
historical events relevant to the tribunal (from
both Cambodia and abroad); write articles for
magazines and newspapers to educate the public on
Democratic Kampuchea; update the chronology of the
regime on the Center’s Website. |
Prepare quarterly reports for DRL on the progress of
the project. |
Develop a website devoted to the ECCC with news
postings daily; if Khmer fonts are available, the
site will be in English and Khmer. |
Website becomes operational shortly before the
trials begin (because of potential content problems,
blogs will not be allowed, but the site will publish
letters from readers).
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Website remains active until the trials end |
Witness/Victim Support
Note: Much of this work
would be conducted by DC-Cam’s Victims of Torture
(VOT) Project, with the Legal Response Team taking
action in the event it is called to assist potential
witnesses at the Tribunal. |
Through the VOT Project and other means (e.g.,
people contacting DC-Cam), report to the ECCC
Victims’ Unit threats to potential witnesses, the
accused, or victims of the regime. |
Work with the Transcultural Psychosocial
Organization (DC-Cam’s partner on the VOT Project)
to counsel survivors of the regime on what they can
expect if they are called to the witness stand and
simple ways to cope with any anxiety they may feel
(e.g., Buddhist breathing exercises). |
On
request, organize trainings and simple publications
for Cambodian and international NGOs involved in
outreach and the provision of services to Khmer
Rouge victims on such subjects as legal rights and
giving testimony. |
With other NGOs and the Cambodian Government
(primarily mental health clinics), coordinate the
provision of referral and support services to
victims and witnesses participating in the ECCC.
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Prepare a short pamphlet for the public to help them
recognize post-traumatic stress disorder and what
they can do to help themselves (e.g., seeking help
from health clinics, religious and community
leaders; Buddhist breathing exercises). |
As
the number of service providers rises, update and
republish the pamphlet periodically. |
Through the VOT Project, begin identifying potential
subjects who would volunteer to be filmed. |
Prepare a short educational film on a few subjects
who tell their stories from the regime and their
experiences in giving testimony/serving as
witnesses. |
Please note: This activity will take place only if
the VOT Project works with witnesses. |
If
requested to do so by the ECCC, the Team would meet
various ad-hoc requests, such as locating women who
would testify about rape during Democratic
Kampuchea. |
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