Reparation

The ECCC Internal Rule (Revision 8, 3 August 2011, available here) governs the legal and procedural aspects of the conduct of cases 002 and beyond before the ECCC.  In case 001 reparation were rather differently governed (for more detail on case 001, please see the Cambodia Trial Monitor’s Blogs).  Now, Internal Rule 23 provides that “[T]he purpose of Civil Party action before the ECCC is to (a) Participate in criminal proceedings against those responsible for crimes within the jurisdiction of the ECCC by supporting the prosecution; and (b) Seek collective and moral reparations, as provided in Rule 23quinquies”.

Internal Rule 23quinquies(1) provides that “If an Accused is convicted, the Chambers may award only collective and moral reparations to Civil Parties.  Collective and moral reparations for the purposes of these Rules are measures that:  (a) acknowledge the harm suffered by Civil Parties as a result of the commission of the crimes for which an Accused is convicted and (b) provide benefits to the Civil Parties which address this harm.

Relevant Reparation Documents

  • Cambodia’s Anti-Vietnam Obsession Anti-Vietnamese sentiment dominates Cambodia, even among otherwise progressive NGOs and political groups. By Tim Frewer September 06, 2016 originally published in the Diplomat On June 21, 2015 a mixed contingent of soldiers and police descended upon Areyksat village in Kandal province to forcibly remove 55 houseboats and 10 houses on the river banks. Unlike other violent evictions — which ...
  • New Hearings Begin Stuart White, Phnom Penh Post, 31 July 2014 Former Khmer Rouge head of state Khieu Samphan (centre) talks to his lawyer in the courtroom at the ECCC in Phnom Penh yesterday. Evidentiary hearings in the Khmer Rouge tribunal’s Case 002/02 could come hot on the heels of the August 7 verdict in Case 002/01, starting as early ...
  • Second Phase of KRT Case Set S-21 survivor Chum Mey (right) attends a civil party discussion yesterday in Phnom Penh.   Thu, 12 June 2014 – Stuart White – Phnom Penh Post The Khmer Rouge tribunal yesterday set a date for the first hearing in upcoming Case 002/02, instructing parties to appear in court on July 30 to begin hammering out the particulars of ...
  • Ethnic Vietnamese in Cambodia face discrimination Photo: Denise Hruby/IRIN Liv Yang Bin is no stranger to discrimination   PHNOM PENH, 19 September 2013 (IRIN) – Denise Hruby – That he speaks, thinks and dreams in Khmer, the official language of Cambodia, is nothing unusual for Liv Yang Bin, an ethnic Vietnamese man whose great-grandparents settled generations earlier in the Trouy Sla commune, about 50km south ...
  • Monitor slams court for reparation plans Phnom Penh Post – Thu, 12 September 2013 Stuart White – The Khmer Rouge tribunal has been “negligent” in its treatment of civil party reparations, the Open Society Justice Initiative argued in a paper released yesterday. The court’s trial chamber has said that it “may only endorse reparation measures … where sufficient funding has been secured,” and that ...
  • A Boat Without Anchors – Khmer Version Please find the Khmer translation of “A Boat Without Anchors:  A Report on the Legal Status of Ethnic Vietnamese Minority Populations in Cambodia under Domestic and International Laws Governing Nationality and Statelessness” and the corresponding Khmer Annex of Laws referred to in the Legal Report. The English version of the Report and full Annex of Laws ...
  • Comment from Former International Civil Party Counsel, Silke Studzinsky: Having formerly represented a large number of clients from the NGO ADHOC,  I have listened to ADHOC clients (numbering nearly 1800), represented by Civil Party Representatives. A large majority of them opposed having 20 May as a commemoration day .  Accordingly,  I informed the ...
  • Comment from International Civil Party Counsel, Lyma Nguyen It is certainly an encouraging sign that the Cambodian government – for the first time – has indicated that it wants to take responsibility for some restorative justice measures to the victims of the Khmer Rouge. The ECCC’s reparations mandate is in many ways unique, and only paralleled by the International Criminal Court in The Hague, in ...
  • Reparation Measures for Khmer Rouge Victims Approved Sok Khemara, VOA Khmer, 22 June 2013 WASHINGTON DC – The Cambodian government has approved collective reparations for victims of the Khmer Rouge who have taken part in atrocity crimes trials at UN-backed tribunal.Reparations will include a national commemoration day, the preservation of crime sites, and the construction of a museum, library and monument, according to ...
  • Reparations approved for victims of the KR   Phnom Penh Post, 24 June 2013, page 3, by Stuart White The Cambodian government has responded to a request by civil party lawyers at the Khmer Rouge tribunal, approving the first reparations projects to be offered to victims since the court began trying the regime’s senior leaders. In a June 11 letter to civil party lead co-lawyers ...
 

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