The ECCC, Victim Participation and Japanese Experiences of Mass Plaintiff Cases
Human Rights Now (HRN) reiterates the importance of victims’ participation in the Extraordinary Chambers in the Courts of Cambodia (ECCC), appointed with the responsibility for trial of senior members of the Khmer Rouge for serious crimes, to aid peace building and national reconciliation.
HRN has published a proposal entitled ‘Mass Victims Litigation Practices: Suggestions for Victim Participation at the ECCC‘. The proposal regards the ECCC approved systems of victim participation, and includes a report on Japanese experiences in mass plaintiff cases. Created as a source of reference, the report calls on the ECCC and those concerned to confirm the fundamental principles of victims’ rights, including the right of access to justice through participation in the legal process and the right to reparations.
The ECCC adapted its Internal Rules in June 2007, incorporating processes for victim participation as civil parties and the system of reparations, along with provisions for the establishment of a Victims Unit, all of which were recommended in our paper referred to above.
Recent events have seen victims actually begin to participate in the ECCC process and that Victims Unit has initiated its operations. We emphasize again the importance of victims’ voices and the recognition of victims’ rights as fundamental for improved administration of the ECCC and ultimately for Cambodia as a whole, as a part of the process of national reconciliation.
At the same time, concerns have been expressed that the participation of too many victims might delay or disrupt the proceedings.
It is certain that the establishment of efficient systems for the participation of mass numbers of victims is among several crucial factors that will ensure the success of this tribunal. This report is prepared with the hope of contributing to addressing at least some of these concerns about the participation of large numbers of victims in the ECCC. Introduced here are practical experiences of mass-injury litigation in Japan, which were established in the 1970s and have evolved since.
Mass_Victims_Litigation_Practices Suggestions for Victims Participation at the ECCC (HRN) PDF