Dear Susan Lamb [Senior Legal Officer at ECCC Trial Chamber]
To avoid any misunderstanding, this email contains a formal request, which I first raised in writing on 24 April 2012 and later in Court on 13 June 2012.
I would still like the Trial Chamber to provide our team with a list of publications by all of the judges. I am specifically interested in Judge Nil Nonn’s ‘many publications’, mentioned in his short biography on the official ECCC website. As I explained in my earlier email, we spent a considerable amount of time trying to find these publications but could not find any.
Of course, we agree that the Chamber’s time is valuable. A simple list of publications will therefore suffice. We imagine such a list can be easily provided and would not require any ‘research’ by the Chamber (or its staff) on our behalf. We do not require copies of the actual publications, unless the publications are not in the public domain. In case they are not, we would appreciate a copy of the publication itself.
In addition to this list of publications, we would also like to know whether any of the national judges are or have been members of the Cambodian People’s Party, and if so, what position they occupy or occupied within it.
Both requests are, of course, legally relevant. Specifically, we would like to know whether any of the judges of the Chamber have written articles or books containing personal views which could lead independent observers to doubt their independence or impartiality, and therefor their ability to fairly judge our client. As you know, the Special Court for Sierra Leone disqualified one of its judges, Justice Robertson, for opinions expressed in a book he had published before his appointment to the Special Court.
For the same reason, it is relevant to know whether any of the judges belong to a party, or its predecessor, which used to be in (armed) conflict with the Khmer Rouge. As you know, there is ample jurisprudence from various international human-rights bodies highlighting the undesirability of such historical ‘context’.
In the interest of transparency, and a truly public trial, this email has been copied to the parties in the trial and to various members of the national and international press.
Regards,
Michiel Pestman [senior defense lawyer for Nuon Chea]
-----Susan Lamb/UNAKRT wrote: -----
To: Michiel Pestman/UNAKRT@UNAKRT
From: Susan Lamb/UNAKRT
Date: 06/14/2012 04:03PM
Cc: Andrew CAYLEY/UNAKRT@UNAKRT, Andrew Ianuzzi/UNAKRT@UNAKRT, antaguisse@yahoo.fr, Arun Son/UNAKRT@UNAKRT, a.vercken.cetc@gmail.com, CHAN.Dararasmey@eccc.gov.kh, Dale Lysak/UNAKRT@UNAKRT, diablenoir@wanadoo.fr, Diana Ellis/UNAKRT@UNAKRT, dianaellis100@yahoo.com, FERNANDEZ.Eleonor@eccc.gov.kh, HYMAN.Maxwell@eccc.gov.kh, Jasper PAUW/UNAKRT@UNAKRT, Marie CAPOTORTO/UNAKRT@UNAKRT, Michael Karnavas/UNAKRT@UNAKRT, Michiel Pestman/UNAKRT@UNAKRT, Mosseny So/UNAKRT@UNAKRT, Neville SORAB/UNAKRT@UNAKRT, Phalla Prum/UNAKRT@UNAKRT, PHANG.Vichet@eccc.gov.kh, PICH.Ang@eccc.gov.kh, Pich.Sambath@eccc.gov.kh, samonnk@yahoo.com, Seng.Bunkheang@eccc.gov.kh, Sheherazade BOUARFA/UNAKRT@UNAKRT, SIMONNEAU-FORT.Elisabeth@eccc.
Subject: Your enquiry concerning list of publications of Trial Chamber Judges
Dear Mr. Pestman,
Reference is made to your mention in court on 13 June 2012 of the below email sent by you to me on 24 April 2012 requiring that all members of the Trial Chamber bench disclose to you a list of their prior publications. This mail had been duly forwarded to the Trial Chamber judges upon your request. In court on 13 June 2012, you demanded that a response be provided to your earlier mail. The Trial Chamber judges have requested that I respond as follows.
The Chamber notes that this request, which was of an informal nature, was unaccompanied by any legally relevant reason for why this list was required, still less why it might be needed urgently. As the request is for disclosure of publications (ie. material in the public domain), the request is also unusual in that it appears to be a request that the Chamber conduct research on your behalf. To avoid further wastage of in-court time on this issue, the Chamber wished to clarify the reasons for why no response has to date been forthcoming, copied to all parties in the interests of transparency.
Best regards,
Susan Lamb
![Inactive hide details for Fw: list of publications TC Judges]()
Fw: list of publications TC Judges
-----Forwarded by Michiel Pestman/UNAKRT on 06/13/2012 09:27AM -----
To: Susan Lamb/UNAKRT@UNAKRT
From: Michiel Pestman/UNAKRT
Date: 04/24/2012 02:25PM
Cc: Arun Son/UNAKRT@UNAKRT, Jasper PAUW/UNAKRT@UNAKRT, Andrew Ianuzzi/UNAKRT@UNAKRT
Subject: list of publications TC Judges
Susan,
Any news on the publications?
Michiel
Dear Susan,
Could you please provide us with a list of publications for all judges in the Trial Chamber?
We are particularly interested in Judge NIL Nonn's publications. According to his resume on the ECCC website, he has "published many publications in the field of criminal law". We have, however, not been able to locate any of them.
Could you help us out?
Thank you,
Michiel
From: Susan Lamb/UNAKRT
Date: 06/14/2012 04:03PM
Cc: Andrew CAYLEY/UNAKRT@UNAKRT, Andrew Ianuzzi/UNAKRT@UNAKRT, antaguisse@yahoo.fr, Arun Son/UNAKRT@UNAKRT, a.vercken.cetc@gmail.com, CHAN.Dararasmey@eccc.gov.kh, Dale Lysak/UNAKRT@UNAKRT, diablenoir@wanadoo.fr, Diana Ellis/UNAKRT@UNAKRT, dianaellis100@yahoo.com, FERNANDEZ.Eleonor@eccc.gov.kh, HYMAN.Maxwell@eccc.gov.kh, Jasper PAUW/UNAKRT@UNAKRT, Marie CAPOTORTO/UNAKRT@UNAKRT, Michael Karnavas/UNAKRT@UNAKRT, Michiel Pestman/UNAKRT@UNAKRT, Mosseny So/UNAKRT@UNAKRT, Neville SORAB/UNAKRT@UNAKRT, Phalla Prum/UNAKRT@UNAKRT, PHANG.Vichet@eccc.gov.kh, PICH.Ang@eccc.gov.kh, Pich.Sambath@eccc.gov.kh, samonnk@yahoo.com, Seng.Bunkheang@eccc.gov.kh, Sheherazade BOUARFA/UNAKRT@UNAKRT, SIMONNEAU-FORT.Elisabeth@eccc.
Subject: Your enquiry concerning list of publications of Trial Chamber Judges
Dear Mr. Pestman,
Reference is made to your mention in court on 13 June 2012 of the below email sent by you to me on 24 April 2012 requiring that all members of the Trial Chamber bench disclose to you a list of their prior publications. This mail had been duly forwarded to the Trial Chamber judges upon your request. In court on 13 June 2012, you demanded that a response be provided to your earlier mail. The Trial Chamber judges have requested that I respond as follows.
The Chamber notes that this request, which was of an informal nature, was unaccompanied by any legally relevant reason for why this list was required, still less why it might be needed urgently. As the request is for disclosure of publications (ie. material in the public domain), the request is also unusual in that it appears to be a request that the Chamber conduct research on your behalf. To avoid further wastage of in-court time on this issue, the Chamber wished to clarify the reasons for why no response has to date been forthcoming, copied to all parties in the interests of transparency.
Best regards,
Susan Lamb
|
-----Forwarded by Michiel Pestman/UNAKRT on 06/13/2012 09:27AM -----
To: Susan Lamb/UNAKRT@UNAKRT
From: Michiel Pestman/UNAKRT
Date: 04/24/2012 02:25PM
Cc: Arun Son/UNAKRT@UNAKRT, Jasper PAUW/UNAKRT@UNAKRT, Andrew Ianuzzi/UNAKRT@UNAKRT
Subject: list of publications TC Judges
Susan,
Any news on the publications?
Michiel
Dear Susan,
Could you please provide us with a list of publications for all judges in the Trial Chamber?
We are particularly interested in Judge NIL Nonn's publications. According to his resume on the ECCC website, he has "published many publications in the field of criminal law". We have, however, not been able to locate any of them.
Could you help us out?
Thank you,
Michiel
2 comments:
CPP judges and officials: Expert in everything without spending a single day in school!
he is quilifiert in hanoi.
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