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Victim Participation Project: Meaningful Participation
Monday, March 22, 2010 3:24 AM
From:
"Youk Chhang"
View contact details
To:
"Brigitte Sion"
Victim Participation Project: Meaningful Participation
By Suyheang Kry
The Extraordinary Chambers in the Courts of Cambodia (ECCC), known to most
people as the Khmer Rouge Tribunal, is now moving toward trial proceedings
in Case 002, in which the four senior living Khmer Rouge leaders will be
judged for the atrocities that occurred during their Democratic Kampuchea
Regime. This heinous period of three years, eight months, and twenty days
claimed a gory death toll of more than 1.7 million Cambodian people.
Disappointingly, the court only came into existence only thirty years after
the murderous acts transpired. Even so, the ECCC is an opportunity for
justice to be finally offered to all Khmer Rouge survivors. However, this
arduous process will be in vain if there is no real meaningful participation
from the survivors who have eagerly waited for so long for justice that they
have nearly lost hope.
In order to promote meaningful and close participation by the Cambodian
people in the Khmer Rouge Tribunal's proceedings, the Documentation Center
of Cambodia (DC-Cam) has been reaching out to villagers to enhance their
interest in the Court's work and to disseminate Khmer Rouge-related
information to them. In support of these efforts, the Victim Participation
Project (hereinafter VPA) has initiated various activities, the most recent
of which is assisting Civil Parties to select legal representation.
Recognizing the importance of the upcoming proceedings, from March 17-19
2010, VPA held its very first meeting with persons it assisted in becoming
Civil Parties in Case 002. In total there were 47 Civil Parties in
attendance from Kandal, Kampong Cham, Takeo, Siem Reap, Banteay Meanchey and
Phnom Penh. The meeting was held to inform these Civil Parties about the
background and qualifications of all groups offering legal representation in
Case 002 so that they could make informed decisions when selecting a team
of lawyers. Selecting a lawyer is a crucial decision for all Civil Parties
because throughout the proceedings their appointed attorneys will defend
their interests and control the scope and quality of their participation in
the trial.
The meeting opened with a speech by the director of the DC-Cam, Mr. Youk
Chhang. To encourage the Civil Parties' participation in the meeting, he
spoke about the importance of Criminal Case 002, illustrating his remarks
with a new brochure by DC-Cam that provides information about and
photographs of the four Khmer Rouge leaders who will be tried in that case.
After he spoke, Civil Parties asked him questions and shared their views.
This moment was followed by a substantial presentation on the qualifications
of the Civil Party legal teams in Case 002, presided over by Mr. Terith Chy,
VPA team leader.
Mr. Chy provided background information on each of the legal teams,
including their experience in criminal law, source of funding, and the
victim focus of each group. After the presentation, fearing that the Civil
Parties wouldn't be able to adequately sort through all this information so
quickly, VPA divided them into three small groups to give them additional
time to review the issues before making a decision. Each small group had a
VPA member available to facilitate discussion if necessary. Some Civil
Parties were considering two legal groups but were indecisive about which
group they would choose, while others had already made a decision. Once they
made their final decisions, they signed powers of attorney for their chosen
representatives.
A few Civil Parties who were already represented by counsel asked to change
lawyers due to the fact that when they initially agreed to their
representation they didn't have any information about the lawyers. Now
having substantial background information they felt that they had the right
and ability to choose a different lawyer with confidence.
Though executing the powers of attorney took most of the day, VPA also
showed three documentary films to the Civil Parties: "Vietnam Delegation
Visit to DK in 1975," "Phnom Penh in 1979," and "Duch's apology and People's
reaction." The Civil Parties enjoyed the films, especially the third one to
which they reacted strongly. While everyone was watching, an older Civil
Party burst out, "[I] hate listening to [Duch's] apology." Some turned to
discuss what they had seen with their neighbors, and almost without
exception most expressed disapproval through both facial and verbal
expression.
As soon as the films were finished, the Civil Parties started sharing their
personal opinions with each other. For example, a Cham Muslim Civil Party
stood up and said that he has harbored such feelings of grievance that he
would stay true to the idea of "an eye for an eye" if only he didn't live
"under the law." For him it was of no use to apologize. Another old Civil
Party agreed, saying that because of the law he remains patient despite the
long suffering he has endured. An old lady energetically added that it's
nonsense for one who committed such heinous crimes to later ask for
forgiveness from God or people. Forgiveness was not possible either mentally
or emotionally.
Another Civil Party commented that the trial should go faster and stop being
delayed before it's too late since both the accused and survivors are in old
age. Mr. Terith responded that the court understood the challenge but
everything needed to be done in accordance with the tribunal procedures or
it will become a "sham trial."
One Civil Party from Kandal province said that the meeting encouraged her to
be more confident about her participation and that she has faith she will
obtain justice though it's too long overdue since, she believes, she hasn't
been forgotten. In addition to the work by the ECCC, she feels that her
sufferings as well as Cambodian peoples' miseries during DK regime are being
formally acknowledged worldwide, which gives her a great deal to be joyful
about.
The Khmer Rouge's tragic wrongdoings are impossible to compensate since they
cut a deep wound in every Cambodian person. Thirty years later Cambodia is
physically recovered but still emotionally handicapped. Whenever survivors
think of that time, it's as vivid as if it had recently taken place. As a
result, only through meaningful participation will they be able to grapple
with the past, a painful past that never ends, and transform it into a
universal historic memory for all humanity.
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