Cambodian Graduate Student on Reparations

CAMBODIA FROM KILLING FIELDS TOA COURT OF JUSTICE:
CHALLENGES AHEAD
By
Chheang Vananrith

Excerpts (Selected by the Moderator of This Blog)


6.3. Reparations

Reparation, rehabilitation, and compensation are necessary to pay respect to
the dignity of the victims in line with general notions of justice. Reparation can
include “the acknowledgement of the atrocity as well as the dignity of the victims”.
Reparation can occur through “commemorations, medical care and formal public
recognition by the state of its responsibility for atrocities.”61
The right to reparation, according to Theo van Boven, involves both
“individual measures and general, collective measures”62.At the individual level,
Victims - including relatives and dependants - must have an
effective remedy. The procedures applicable must be publicized as
widely as possible. The right to reparation should cover all
injuries suffered by victims. This right embraces three kinds of
action: (a) Restitution (seeking to restore victims to their previous
state); (b) Compensation (for physical or mental injury, including
lost opportunities, physical damage, defamation and legal aid
costs); and (c) Rehabilitation (medical care, including
psychological and psychiatric treatment)

[...]

Psychological treatment, one of the important elements of reparations for
the victims, must be provided to victims of the Khmer Rouge regime, especially
those who participate in the court as witnesses. Such assistance is stated in the
United Nations Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power that “Victims should receive the necessary material, medical,
psychological and social assistance through governmental, voluntary,
community-based and indigenous means

The full text of this document is available at www.rfa.org/english/background/khmer/2006/08/22/tribunal_challenges.pdf