APPLICATION FORM – FOREIGN CO-LAWYERS

9 July 2007

List of Lawyers

Pursuant to Rule 11 of the Internal Rules of the ECCC adopted on 12 June 2007 and the Administrative Regulations of the DSS adopted on 9 July 2007, lawyers wishing to represent an accused before the ECCC must apply to be included in the List of Lawyers.

Co-Lawyers

Each accused may be represented by two Co-Lawyers, one Cambodian and one foreign. They will choose their representation from the List of Lawyers.

Criteria

All foreign lawyers must meet certain criteria in order to be included in the List of Lawyers for payment by the ECCC. Those criteria are as follows:

·  To be a current member in good standing of a recognized association of lawyers of a UN member state.

·  To have a degree in law or an equivalent legal or professional qualification.

·  To have at least ten years working experience in criminal proceedings, as a lawyer, judge or prosecutor, or in some other capacity.

·  To be fluent in Khmer, French or English.

·  To have established competence in criminal law and procedure at the international or national level.

Registration

In addition, foreign Co-Lawyers must register with the Bar Association of the Kingdom of Cambodia and must pay a fee to the Bar Association of US$500 in order to be included in the list.

The registration is done through the DSS, who will translate all documents. Once we have confirmed that all documents have been received and that they have been translated, we will write to you and seek your specific instructions to forward your application to the Bar Association. At that time you will be informed as to how to pay the $500 fee directly to the Bar Association.

Application procedure

Please complete the attached application form.

·  Section 1 requires basic and statistical information.

·  Section 2 requires information about your professional qualifications and experience.

·  Section 3 requires information that will be provided to the suspect or accused in order to assist them to choose a lawyer.

·  Application for Registration with the Bar Association.

Candidates not seeking payment by the ECCC (such as those seeking to be privately paid or to act pro bono) need only complete the Application for Registration with the Bar Association.

Completed forms together with supporting documentation should be posted to either of the two following addresses. Emailed applications will NOT be accepted.

Defence Support Section Defence Support Section

c/o UNAKRT/ECCC (Cambodia) ECCC

PO Box 4678 National Road 4

Grand Central Station Chaom Chau, Dangkao

New York Phnom Penh

NY 10017, USA Cambodia

(Do not use courier for this address) (Courier recommended)

Document Checklist

Please provide in English or French:

Two passport sized photographs. Scanned photographs not acceptable.
Copy of photograph page of passport or identity document.
Original registration document. Original or certified copy required.
Current registration document (practising certificate). Original or certified copy required.
Current certificate of good standing (dated within the last 6 months). Original Required.
Code of Ethics.
Curriculum Vitae (optional).
SECTION 1 - PERSONAL INFORMATION
1.1 Given Name: / Family Name: / 1.2 Sex:
Male
Female / 1.3 Date and place of birth: / 1.4 Nationality:
1.5 Professional Address:
1.6 Office Telephone: / 1.7 Home Telephone: / 1.8 Mobile: / 1.9 E-mail Address:
1.10 Legal Assistance
Are you willing to accept cases and be paid by the ECCC in accordance with the provisions of the ECCC Legal Assistance Scheme?
YES NO
Do you wish to be included on the list of lawyers for the accused only or for both accused and victims? N.B. ECCC funds are available only for representation of the accused.
Accused only Both Victims and Accused
1.11 Availability
Please indicate any substantial previous professional commitments in the next 12 months that might limit your ability to be assigned to a case.
Previous Commitment / Start Date / End Date
1.12 Conflicts
Do you have any financial or family connection with a staff member of the ECCC?
NO YES (Please provide details)
Do you have any financial or family connection with a person seeking legal assistance from the ECCC?
NO YES (Please provide details)
SECTION 2 - PROFESSIONAL QUALIFICATIONS AND EXPERIENCE

2.1 LEGAL EDUCATION AND TRAINING

Please indicate your legal education and details of any subsequent training relevant to the ECCC. Please give the exact title of any qualification obtained.
Dates / Institution attended / Degree or qualification obtained
From / To
Date/Period of Course / Title of Training Course / Provider of Training

2.2 CURRENT BAR MEMBERSHIP AND GOOD STANDING

Candidates must be a current member in good standing of a recognized association of lawyers in a UN member state.
Please complete the relevant sections of the Application for Registration with the Bar Association and the additional questions below. Supporting documentation must be included with this application.
Please attach a copy of the code of ethics or professional conduct by which you are bound. / Copy attached?
YES NO
Are you on the list of lawyers for any of the following courts? / ICC ICTY
ICTR SCSL
2.3 LANGUAGES
Candidates must speak one of the official languages of the ECCC, either the Khmer language, English or French. Please indicate your ability in these languages. This information may be subject to verification at a later date
Mother tongue:
Level of knowledge: / Reading /
Writing
/ Speaking / Do you need an interpreter?
Easily / Not easily / Easily / Not easily / Easily / Not easily / Yes / No
English
French
Khmer
2.4 EXPERIENCE
All candidates must have at least 10 years relevant experience in criminal proceedings, as a lawyer, judge or prosecutor, or in some other similar capacity.
Please fill in the most recent position first, and work backwards.
Dates / Title and type of work / Place of employment
From / To
SECTION 3 – INFORMATION FOR SUSPECTS OR ACCUSED
Candidates are invited in Section 3 to provide information that might be provided in order to assist with the selection of lawyers. This part of the form will be translated into the Khmer language.
This information will also be used to assess whether you fulfill the requirement of ‘established competence in criminal law and procedure at the international or national level’.
Candidates may also attach a curriculum vitae if they wish.
3.1 KNOWLEDGE
Please provide an explanation of your knowledge and experience in different areas of law relevant for cases before the ECCC. Please include any teaching experience.
What is your level of knowledge of:
The Civil Law system?
Excellent Good Quite good Basic
Please provide details:
Cambodian Law?
Excellent Good Quite good Basic
Please provide details:
Criminal law and procedure?
Excellent Good Quite good Basic
Please provide details:
International criminal law and procedure?
Excellent Good Quite good Basic
Please provide details:
International human rights law?
Excellent Good Quite good Basic
Please provide details:
3.2 PREVIOUS CASES
Please give details of up to 5 cases which will allow the client to assess your abilities and make an informed choice as to the selection of a lawyer. They should be the most serious cases that you have been involved in at an international or domestic level.
Name of Case / Court / Date / Offence
Please provide a short summary of the case and your role in it. Please use no more than 200 words.
Name of Case / Court / Date / Offence
Please provide a short summary of the case and your role in it. Please use no more than 200 words.
Name of Case / Court / Date / Offence
Please provide a short summary of the case and your role in it. Please use no more than 200 words.
Name of Case / Court / Date / Offence
Please provide a short summary of the case and your role in it. Please use no more than 200 words.
Name of Case / Court / Date / Offence
Please provide a short summary of the case and your role in it. Please use no more than 200 words.
3.3 SUMMARY OF ACHIEVEMENTS
Candidates are invited to provide any further information which might be useful for the accused in choosing a lawyer in no more than 500 words.
4. DECLARATION
Please note that information contained in this document is subject to verification.
I certify that the statements made by me in answer to the foregoing questions are true, complete and correct to the best of my knowledge and belief. I understand that any misrepresentation or material omission made on this Application Form or on any other document requested as part of this application may lead to my exclusion from the list of lawyers and/or removal as an assigned lawyer.
Signature: / Date: / Place:

APPLICATION FOR REGISTRATION

FOR FOREIGN LAWYERS WISHING TO APPEAR BEFORE THE ECCC

Given Name: / Family Name: / Sex: Male
Female / Date and place of Birth: / Nationality:
Professional Address: / Email: / Phone Number:
I wish to appear on behalf of: Accused Victims
Which Bar Association are you currently a member of?
Address:
Telephone Number:
On what date did you join?
Supporting Documentation. Candidates are required to produce documents demonstrating the date of initial registration with a professional association, and demonstrating current membership and good standing. Sometimes this information is contained in only one or two documents, depending on the procedure of your Bar Association.
Initial registration. This is normally a registration document, or the date of original registration might be included in the current practising certificate. An original or certified copy is required. / Original or certified copy attached?
YES NO
Current registration. This is normally a current practising certificate, which must cover the date of this application. An original or certified copy is required. / Original or certified copy attached?
YES NO
Current good standing. This is normally a certificate of good standing, which must be dated within the last 6 months. An original document is required. / Original attached?
YES NO
Have you ever been arrested, indicted, or summoned into court as a defendant in a criminal proceeding, or convicted, fined or imprisoned for the violation of any law (excluding minor traffic violations)?
Are there any criminal proceedings currently being brought against you?
If YES: Please provide full details below. / YES NO
YES NO
Have you ever had any professional disciplinary findings against you, in any domestic or international jurisdiction?
Are there any disciplinary complaints or proceedings outstanding against you?
If YES: Please provide full details below / YES NO
YES NO
I certify that the statements made by me in answer to the foregoing questions are true, complete and correct to the best of my knowledge and belief. I understand that any misrepresentation or material omission made on this Application Form or on any other document requested as part of this application may lead to my exclusion from the list of lawyers and/or removal as an assigned lawyer.
Signature / Date / Place