The Cambodian Human Rights Action Committee, including FORUM-ASIA member Cambodian Human Rights and Development Association (ADHOC), issued a statement on 23 March 2009, which called on the Extraordinary Chamber of the Cambodian Court to fully uphold victims' rights to participate in the trial.
The Cambodian Human Rights Action Committee, including
FORUM-ASIA member Cambodian Human Rights and Development Association (ADHOC), issued a statement on 23 March 2009, which called on the Extraordinary Chamber of the Cambodian Court to fully uphold victims' rights to participate in the trial.

The Cambodian Human Rights Action Committee, a coalition of 21 non-governmental organisations, has formed a subcommittee on the Khmer Rouge trials to assist the victims of the Khmer Rouge to participate in the trials.

We, the Cambodian Human Rights Action Committee (CHRAC), wish to express our concern about the failure of the Extraordinary Chamber of the Cambodian Court (ECCC) to fully uphold the right of victims to participate in the trial process in their revision of the court's Internal Rules during 5th Plenary Session of the court. While there has been some positive development of these rules we are again compelled to highlight the failure of the tribunal to address flaws in the Internal Rules and note the inclusion of amendments that appear to reduce the rights of Civil Parties to participate in proceedings.

There are some positive revisions to the Internal Rules. We applaud the Plenary for working hard to make the proceedings of the ECCC as fair and as efficient as possible as this is in the interests of all parties to the trial, and the wider community. We are particularly glad to see that the ECCC has clarified the rules, at Internal Rule 23 (4), to make it explicit that Victims whose civil party applications are refused by the Trial Chamber can appeal this decision to the Supreme Court Chamber, as this is what we called for in our statement of 19th September 2008. It is however concerning that the ECCC continues to reduce the rights of Civil Parties in the trial chamber in the perceived interests of efficiency whilst failing to institute measures that will ensure the full and active participation of victims in the ECCC process.

A new addition to the Internal Rules leaves Civil Parties who have lawyers without the right to address the court, at Rule 23 (7. i). Whilst it is clear that it would be impractical to have all Civil Parties making individual interventions during the trial process we consider this new blanket ban as an unnecessary infringement on the rights of victims, and an equally unnecessary limitation of trial judge's powers to conduct the hearings they preside over. It should be for the trial judges to determine, on the individual facts, whether or not the contribution of a Civil Party during proceedings would serve the interests of justice, as is the case in domestic law.

We also consider it inconsistent that Civil Parties and their lawyers are denied the right enjoyed by the Co-Prosecutors and the Accused, or his lawyers, to make opening statements at the start of the trial (Internal Rule 89 bis). We also note that Civil Party rights are curbed in that they are unable to appeal the court's Trial Chambers decision in regard to their civil interests unless the Co-Prosecutors make an appeal (Internal Rule 105.1) despite this right of appeal being an unconditional right in Cambodian law (CPC Article 375).

A further concern is that the Plenary Session of the ECCC has failed to address the flaws inherent in the revised Internal Rules adopted in September 2008 which saw the ECCC impose a restrictive timeframe for the lodging of civil party applications, the 10 day deadline set in Internal Rule 23 (4), and further limiting the rights of civil parties to choose their own lawyers and organise their representation Rule 23 (8).

As a consequence of these rule changes we have already seen the rejection by the ECCC of a civil party application for the "Duch" trial made by Norng Chanphal, a surviving victim of the torture centre Toul Sleng / S-21. This rejection was due to the ECCC's imposition of the 10 day deadline for applications, a deadline that does not appear in Cambodian law. We understand that this refusal to accept this application has been upheld by the Trial Chamber. We view this rule and decision as an unacceptable infringement on the rights of victims in Cambodian law by the ECCC so it is with regret that we see that new version of the Internal Rules fails to remove the 10 day deadline.

Our fear remains that further victims may be denied their rights to participate in these trials, that the court may act to break long existing lawyer and civil party arrangements, and that Civil Parties will not enjoy the equality of rights, as parties, that they are entitled to. The victims of the Khmer Rouge wishing to participate in the trials deserve to have their rights fully respected and protected by the ECCC which makes it unfortunate that the Plenary has failed to fully seize the opportunity of demonstrating the courts commitment to these rights.

To read the complete statement, please click here (.pdf).