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.
Michiel Pestman [senior defense lawyer for Nuon Chea]
-----Susan Lamb/UNAKRT wrote: -----