ECCC, Case 002/01, Issue 3

Case 002/01

ECCC

Cambodia

English

In a Memorandum dated 23 September 2011, the Trial Chamber made several observations about inadequacies in the reparations awards requested by the CPLCL at the Initial Hearing on 29 June 2011. The Court decided to schedule a special hearing to address the specification of civil party reparations claims, and to provide the CPLCL the opportunity “to supplement, update and, where necessary, remedy the initial specifications they provided at the Initial Hearing” in accordance with Internal Rules 80bis and 23quinquies. The Chamber allocated three hours for the CPLCL to present their reparations submissions and gave the other parties sufficient opportunity to respond. This report summarizes and provides commentary on the special hearing on specifications of reparations claims of Civil Parties held on 19 October 2011.

The CPLCL, as well as a number of Civil Party Lawyers, submitted that the Chamber has failed to provide adequately clear definitions or standards relating to its requirements for specificity in the reparations proposals. Citing previous reparations awards in other jurisdictions, the Parties claimed that the Chamber has adopted an unduly restrictive requirement for specificity. They explained that crafting reparations plans is a concerted effort that necessitates time-consuming consultations with the nearly 4,000 Civil Parties in this case. Despite their concerns, the Counsels for the Civil Parties nevertheless presented several particularized reparations proposals at the hearing.