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Bridges Concludes “Khmer Rouge on Trial” Training Course with ECCC Mock Trial The Bridges Across Borders (BAB) training course on the Extraordinary Chambers in the Courts of Cambodia (ECCC) for staff members from the local organization Youth for Peace (YFP) culminated on August 13th with a day-long role play of an ECCC trial of a former Khmer Rouge prison commander being charged with crimes against humanity. Cambodian law students from the Royal University of Law and Economics (RULE) also participated in the mock trial as judges and legal advisors for the defence and prosecution. The mock trial was designed to give the participants an opportunity to apply the knowledge they gained during BAB’s three month course entitled The Khmer Rouge on Trial. The course aim was to improve understanding of the crimes of the Democratic Kampuchea regime and the basic structure and purpose of the ECCC, while providing Cambodian educators and facilitators dealing with the subjects of history, justice and reconciliation with new educational tools and ideas for exploring these topics. YFP requested the training in order to build the capacity of their staff, who are conducting outreach to Cambodian high school students on the history of Democratic Kampuchea and the ECCC. Participants in the mock trial were given character roles, including defence lawyers, international and Cambodian trial judges, investigating judges and prosecutors, witnesses and the accused. Witnesses included a former prison doctor, guard and surviving prisoner. Evidence was based upon witness testimony collected prior to the trial by the Co-Investigating Judges. The investigation stage featured a disagreement between the two Co-Investigating Judges over whether the accused was indeed “a senior leader or most responsible” for the crimes committed during the Democratic Kampuchea period and thus eligible for prosecution by the ECCC. The dispute was settled by a mock public hearing of the Pre-Trial Chamber, in which the judges failed to reach the supermajority needed to block the case from moving to trial. The mock trial began with the Co-Prosecutors and Defence teams each making impassioned opening remarks, after which the witnesses were called in turn and questioned by the Defence team and Co-Prosecutors. During the prosecution of the former prison doctor, one of co-prosecutors asked, “When you treated a patient, was it so that he would get better in order to have a new life?” The participant playing the doctor responded, “No, it was not to get a new life, but for the patient to feel better so we could continue the interrogation.” The character playing the accused defied his defence lawyers’ advice and took to the stand. While he invoked his right to remain silent throughout much of the questioning, his testimony still clearly had a negative impact on his defence. Based on the evidence presented during the hearing, the panel of trial judges came to a 4-1 supermajority verdict of “guilty.” The President of the Trial Chamber explained the reasoning behind the ruling, while the lone dissenting judge explained why he thought the Prosecution failed to prove individual responsibility for the crimes beyond a reasonable doubt. “The mock trial was a huge success,” said BAB Cambodia Country Director David Pred, who led the three month training and served as an international judge in the mock trial. “The participants demonstrated their understanding of the historical issues, as well as the tribunal process and important concepts of international criminal law, such as the elements of crimes against humanity, individual and superior responsibility, and fair trial principles. I think this course, and particularly the mock trial exercise, will help to make the participants better at teaching others about the ECCC.” The mock trial materials were designed and drafted by the BAB Cambodia team in collaboration with local and international law students who participated in the 2007 BAB Community Legal Education International Legal Studies Internship Program. "Bringing people together from different cultures and systems and having them learn and work together to achieve such results is one of the central focuses of our organization," said BAB Community Legal Education Initiatives Director Bruce Lasky. "We were all incredibly pleased with the result of this summer's program."

Bridges Concludes “Khmer Rouge on Trial” Training Course with ECCC Mock Trial

The Bridges Across Borders (BAB) training course on the Extraordinary Chambers in the Courts of Cambodia (ECCC) for staff members from the local organization Youth for Peace (YFP) culminated on August 13th with a day-long role play of an ECCC trial of a former Khmer Rouge prison commander being charged with crimes against humanity. Cambodian law students from the Royal University of Law and Economics (RULE) also participated in the mock trial as judges and legal advisors for the defence and prosecution.

The mock trial was designed to give the participants an opportunity to apply the knowledge they gained during BAB’s three month course entitled The Khmer Rouge on Trial. The course aim was to improve understanding of the crimes of the Democratic Kampuchea regime and the basic structure and purpose of the ECCC, while providing Cambodian educators and facilitators dealing with the subjects of history, justice and reconciliation with new educational tools and ideas for exploring these topics. YFP requested the training in order to build the capacity of their staff, who are conducting outreach to Cambodian high school students on the history of Democratic Kampuchea and the ECCC.

Participants in the mock trial were given character roles, including defence lawyers, international and Cambodian trial judges, investigating judges and prosecutors, witnesses and the accused. Witnesses included a former prison doctor, guard and surviving prisoner. Evidence was based upon witness testimony collected prior to the trial by the Co-Investigating Judges.

The investigation stage featured a disagreement between the two Co-Investigating Judges over whether the accused was indeed “a senior leader or most responsible” for the crimes committed during the Democratic Kampuchea period and thus eligible for prosecution by the ECCC. The dispute was settled by a mock public hearing of the Pre-Trial Chamber, in which the judges failed to reach the supermajority needed to block the case from moving to trial.

The mock trial began with the Co-Prosecutors and Defence teams each making impassioned opening remarks, after which the witnesses were called in turn and questioned by the Defence team and Co-Prosecutors.

During the prosecution of the former prison doctor, one of co-prosecutors asked, “When you treated a patient, was it so that he would get better in order to have a new life?” The participant playing the doctor responded, “No, it was not to get a new life, but for the patient to feel better so we could continue the interrogation.”

The character playing the accused defied his defence lawyers’ advice and took to the stand. While he invoked his right to remain silent throughout much of the questioning, his testimony still clearly had a negative impact on his defence.

Based on the evidence presented during the hearing, the panel of trial judges came to a 4-1 supermajority verdict of “guilty.” The President of the Trial Chamber explained the reasoning behind the ruling, while the lone dissenting judge explained why he thought the Prosecution failed to prove individual responsibility for the crimes beyond a reasonable doubt.

“The mock trial was a huge success,” said BAB Cambodia Country Director David Pred, who led the three month training and served as an international judge in the mock trial. “The participants demonstrated their understanding of the historical issues, as well as the tribunal process and important concepts of international criminal law, such as the elements of crimes against humanity, individual and superior responsibility, and fair trial principles. I think this course, and particularly the mock trial exercise, will help to make the participants better at teaching others about the ECCC.”

The mock trial materials were designed and drafted by the BAB Cambodia team in collaboration with local and international law students who participated in the 2007 BAB Community Legal Education International Legal Studies Internship Program. "Bringing people together from different cultures and systems and having them learn and work together to achieve such results is one of the central focuses of our organization," said BAB Community Legal Education Initiatives Director Bruce Lasky. "We were all incredibly pleased with the result of this summer's program."