Briefing Note: Case 002 Opening Week at the ECCC

Last week marked the beginning of substantive hearings in Case 002 at the Extraordinary Chambers in the Courts of Cambodia (ECCC), with opening statements from the co-prosecutors and the defence team. In this historic case three accused stand charged for their senior roles in the Khmer Rouge regime, during which approximately 1.7 million, almost one quarter of the population, were killed or died due to starvation or disease. Mr. Nuon Chea, “Brother Number Two”, chief ideologist and Pol Pot’s right-hand man; Mr. Ieng Sary, former Foreign Minister and Deputy Prime Minister; and Mr. Khieu Samphan, former head of State, are accused of crimes against humanity (including extermination, enslavement, torture, persecution)

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Brief Update on Case of Pen Bunna and Chhay Thy, ADHOC Human Rights Defenders

On 16 November 2011, Mr. Loch Loa, investigating judge at Rattanakiri Provincial Court, pronounced the termination of the judicial investigation of Mr. Pen Bunna and Mr. Chhay Thy, provincial staff of Cambodian Human Rights and Development Association (ADHOC).

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Human Rights Program’s Objectives

The systemic lack of protection of human rights in Cambodia arises from long-standing impunity for human rights violations, very serious shortcomings in the rule of law and slow legal and judicial reform, with dramatic setbacks in press freedom, misuse of the judiciary to silence government critics, and imposition of strict new restrictions on peaceful protests. In a major step backwards, a new law on demonstrations passed in October 2009 bans public protests of more than 200 people, citing the need to safeguard “public order and security.” It also requires protest organizers to seek advance permission and bans protests in front of or inside government buildings and factories.

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International Conference on Micro-justice co-organised by ADHOC in Phnom Penh

On the 24th-26th of October 2011 ADHOC and TISCO University co-hosted a conference on the micro-justice toolkit at the Sunway Hotel in Phnom Penh. There was great diversity among the participants with representatives from organizations based in the Netherlands, Indonesia, Egypt, Somalia, Rwanda, Kenya, Thailand, Burma and Azerbaijan. Representatives from the Cambodian based organizations Cord, YRDP and Peace Bridges took part in the conference along with students from the Phnom Penh Royal University.

Micro-justice, which often takes the form of mediation, has been used to solve conflicts in Cambodia for centuries. However, no official records have been kept and so far no set of tools for dispute resolution outside the courts has been developed in a national context. The need for alternative ways of achieving justice in the Cambodian society has not changed and therefore ADHOC is collaborating with TISCO University to develop a micro-justice facilitator toolkit in the form of guidelines for effective dispute resolution.

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