By Erik Wasson
THE CAMBODIA DAILY
The Khmer Rouge tribunal has released a draft of its internal rules for the public to consult and plans to have the legislation—needed for indictments and investigations to proceed—in place by Nov 25.
The draft rules define the roles of judges, prosecutors, defense attorneys, suspects, witnesses and victims appearing in the Extraordinary Chambers in the Courts of Cambodia.
The accused have the right to choose their lawyers, but must choose from a list approved by the ECCC, according to the draft.
Proposed witness protection measures include distorting voices and concealing physical features if the accused demands to confront a witness who does not want to be identified. Disclosure of the identity of a witness will be punishable by a $10,000 fine. The chambers may also order the physical protection of witnesses in safe houses or overseas. Inside Cambodia, physical protection of witnesses is the responsibility of the police, according to the draft.
The draft would also allow individual victims to appear before the court as civil parties and claim monetary damages. Victims may petition the court to be classified as civil parties any time after the co-investigating judges begin investigating. To qualify, the victim must have physical or psychological injury as the direct consequence of an offence committed by the accused, and still have that injury.
There are no limits to the number of victims who may apply to be civil parties, according to the draft. But there is currently no budget for finding and encouraging impoverished victims from the countryside to come forward.
Technical problems with the ECCC Web site, www.eccc.gov.kh, meant that the rules had not gone online as promised by Friday evening. The public is invited to download the rules once they are, and submit comments by Nov 17.
The rules are slated to be approved by judges and prosecutors between Nov 20 and Nov 25, tribunal spokesman Reach Sambath said.
The draft rules define the roles of judges, prosecutors, defense attorneys, suspects, witnesses and victims appearing in the Extraordinary Chambers in the Courts of Cambodia.
The accused have the right to choose their lawyers, but must choose from a list approved by the ECCC, according to the draft.
Proposed witness protection measures include distorting voices and concealing physical features if the accused demands to confront a witness who does not want to be identified. Disclosure of the identity of a witness will be punishable by a $10,000 fine. The chambers may also order the physical protection of witnesses in safe houses or overseas. Inside Cambodia, physical protection of witnesses is the responsibility of the police, according to the draft.
The draft would also allow individual victims to appear before the court as civil parties and claim monetary damages. Victims may petition the court to be classified as civil parties any time after the co-investigating judges begin investigating. To qualify, the victim must have physical or psychological injury as the direct consequence of an offence committed by the accused, and still have that injury.
There are no limits to the number of victims who may apply to be civil parties, according to the draft. But there is currently no budget for finding and encouraging impoverished victims from the countryside to come forward.
Technical problems with the ECCC Web site, www.eccc.gov.kh, meant that the rules had not gone online as promised by Friday evening. The public is invited to download the rules once they are, and submit comments by Nov 17.
The rules are slated to be approved by judges and prosecutors between Nov 20 and Nov 25, tribunal spokesman Reach Sambath said.
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