Victim Participation Project

Civil Party Meeting

16 – 18 December 2008

Documentation Center of Cambodia

Purpose

With the upcoming trial of Duch (“Kaing Guek Eav”) set to begin in March, the Victim Participation Project (VPA) at the Documentation Center of Cambodia organized a meeting from December 16 – 18, 2008, at which civil parties and civil party applicants had the opportunity to meet each other and their lawyers.  The meeting’s program spanned three days with the main event - a meeting of all civil parties, applicants and lawyers – took place on December 17.

As of December 17, the VPA has 30 potential and recognized civil parties from both Cambodia and overseas. The Project anticipates that it could assist more victims in participating in the upcoming trials. Generally speaking, DC-Cam-assisted civil parties are primarily relatives of detainees at Tuol Sleng, with the exception of one survivor who barely escaped death and was ultimately released after going through unthinkable torture in the Tuol Sleng interrogation chamber. 

The meeting was held for a number of reasons. First, it is the Project's hope that, by bringing the civil parties together, they will feel more comfortable participating in the proceedings against Duch.  By meeting with other civil parties, they have learnt they are not alone and, thus, their level of anxiety has been reduced. By taking this opportunity, civil parties have had a chance to meet and to share their story and grief.  We believe that this process contributes to emotional healing. We found that, in fact, some civil parties are from the same geographic area.

Second, the Project sought to inform civil parties of recent developments at the Extraordinary Chambers in the Courts of Cambodia (ECCC) and in particular, about Duch's case in order to improve their understanding of the proceedings and to prepare them for the start of the trial. 

Finally, and most importantly, the meeting was sought to bring civil parties in contact with a team of lawyers (both national and international) willing to represent civil parties on a pro bono basis. After a thorough inquiry into the qualifications and commitment of the team, the Project chose to recommend the services of this team to all DC-Cam-assisted civil parties. We expected that most, if not all, DC-Cam-assisted civil parties will choose this team to represent their interests.

Legal Representation

Although not required by Rule 23 (as amended on 5 September 2008) of the ECCC Internal Rules, civil parties have the right to legal representation. It is the Project's view that, in order to properly exercise their rights before the Trial Chamber, civil parties should have representation. As such, the Project approached an experienced team of lawyers (comprising both local and international counsel) willing to work on a pro-bono basis.

The team’s lawyers are Cambodian, British, Swiss and American. Mr. Karim A. A. Khan, an experienced British barrister, leads the team.  He has extensive experience before both hybrid and international tribunals. The team is supported by a national lawyer, Ty Srinna, and two experienced international lawyers, Alain Werner from Switzerland and Brianne McGonigle from the United States.

In order to attend the December 17 meeting and to facilitate his recognition by the Bar Association of the Kingdom of Cambodia, Alain Werner traveled to Cambodia to make a presentation on behalf of the team to DC-Cam-assisted civil parties.  He emphasized the importance of civil party participation before the ECCC. Together with the National Co-Lawyer, Ms. Ty, he explained the unique opportunity before the ECCC for victims to participate as full parties.  In this capacity, victims may introduce evidence, question witnesses (and the accused, if he chooses to take the stand) and to tell their stories to judges. The legal team will ensure that victims' rights are properly respected.

On 19 December, Alain Werner and the Project team leader, Terith Chy, attended a meeting with Secretary General of the Bar Association in an attempt to expedite the recognition of Mr. Werner and Ms. McGonigle. Finally, in the second week of January, the Bar Association approved Mr. Werner and Ms. McGonigle and the Victims Unit added their names to the list of lawyers admitted to practice before the ECCC. 

At the meeting of 17 December, fifteen civil parties and applicants chose to sign powers of attorney (PoA) appointing Ms. Ty Srinna and the legal team to represent them. On the same day, all fifteen PoAs were delivered to the Victims Unit in order that Ms. Ty gain access to the case file. The team required case file access in order to commence their representation.

As certain civil parties and applicants were unable to attend the meeting, the Project sought to meet with them in their home villages. On 18 December 2008, the Project traveled to meet with a potential applicant in Phnom Penh. Between 23-25 December, VPA staff members conducted field trips to meet with the remaining civil parties and applicants in order to complete PoAs. The team traveled to three provinces: Kandal, Kampong Thom, and Kampong Cham and succeed in collecting a further thirteen PoAs.

On 5 January 2009, the Project submitted 29 PoAs to the Victims Unit, together with a letter requesting the recognition of Ms. Ty. On 6 January, the Trial Chamber recognized Ms. Ty.

Visit to Tuol Sleng

As most civil parties reside in the provinces, many had never had the opportunity to visit Phnom Penh for financial and other reasons. The Project arranged a visit to Tuol Sleng in order that civil parties would gain a sense of the place in which they and/or their loved ones were detained and tortured.

At S-21, many attendees were extremely emotional. Some found pictures of their relatives, while some others simply broke down upon seeing the conditions in which their loved ones were detained. Most expressed gratitude to the Project for taking them.

Outcome

The meeting was successful and informative. The Project succeeded in collecting 15 Powers of Attorney, which have allowed Ms. Ty to gain access to the case file. On 6 January, Ms. Ty was officially recognized as civil party lawyer by the Trial Chamber and has since been allowed full access to the case file. On 16 December, one DC-Cam-assisted civil party visited Phnom Penh to attend a meeting with the ECCC's Witness and Expert Support Section in order to assess his request for protective measures.