Supreme Court Chamber Judges:

Transcription

1 PROFILES OF THE JUDGES, PROSECUTORS, DEFENSE COUNSEL AND CIVIL PARTY LAWYERS FOR THE PRONOUNCEMENT OF THE APPEAL JUDGMENT CONCERNING ACCUSED KAING GUEK EAV ALIAS DUCH IN THE SUPREME COURT CHAMBER ON 3 FEBRUARY 2012 Supreme Court Chamber Judges: His Excellency Mr. KONG Srim (Cambodia) was appointed as the President of the Supreme Court Chamber and a National Resident Judge to the ECCC by the Royal Decree on 7 May Prior to this, he held numerous positions including Deputy President of the Supreme Court of the Kingdom of Cambodia, Deputy General Prosecutor of the Office of the General Prosecutor attached to the Court of Appeal, and Deputy Chief of the Prosecution Office, Department of Criminal and Civil Affairs of the Ministry of Justice, and Officer of the Ministry of Justice. He has also been a Law Lecturer at Phnom Penh universities. He holds a Bachelor s degree in Law from Faculty of Law, Ho Chi Minh City University in Vietnam. Mr. Motoo Noguchi (Japan) has more than 25 years of career as a jurist including: prosecutor in Japan; professor at Research and Training Institute of Justice Ministry; counsel at Asian Development Bank; professor of United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders; senior attorney at Foreign Affairs Ministry International Legal Affairs Bureau; visiting professor at University of Tokyo, graduate program. He obtained a B.A. in law from the same university in He was affiliated with the University of Washington, Law School in , the International Criminal Court in 2005, Yale Law School Schell Center for International Human Rights in He has written and lectured extensively on international criminal law in Japan and abroad. Ms. Agnieszka Klonowiecka-Milart (Poland) began her legal career by teaching criminal law and procedure at the Law Faculty in Lublin, Poland. She joined the judiciary in 1991 and since was several times seconded to the Department of International Cooperation and European Law in the Polish Ministry of Justice, where she participated in the law revision and law reform for conformity with international standards. From 1998 she has been engaged in legal and judicial reforms in transitional countries: Bosnia, Kosovo and Afghanistan. In the period she served as the most senior international judge in the United Nations Interim Administration Mission in Kosovo, appointed to the Supreme Court, where, together with 1

2 members of the national judiciary, she adjudicated war crimes, crimes against humanity, terrorism and other serious crimes. Mr. Chandra Nihal Jayasinghe (Sri Lanka) is the former Sri Lanka High Commissioner to the United Kingdom and Ambassador to the Republic of Ireland. He served as a senior Presiding Judge and Acting Chief Justice on a number of occasions in the Supreme Court of Sri Lanka. He was also President of the Court of Appeals. He served 22 years in the Attorney General s Department, mostly in criminal work, where he was Senior State Counsel and eventually Deputy Solicitor General in Mr. Jayasinghe was awarded a Bachelor of Laws Degree from the University of Colombo, was a visiting scholar at the University of Illinois, Chicago, and received a Diploma in Human Rights from the University of Lund, Sweden. Mr. Som Sereyvuth (Cambodia) has 22 years of judicial experience. He has been a Judge of the Supreme Court of Cambodia since Prior to that, he was an Officer of the Supreme Court from 1986 to 1988, and acting President of the Cabinet of the Ministry of Interior from 1979 to He attended seminars in Japan, Switzerland and Paris and has worked as trainer at the Royal Academy for Judicial Professions. In 2005, he became a member of a team drafting the Civil Code and Civil Procedure Code for Cambodia. Dr. Sin Rith (Cambodia) has been Deputy General Prosecutor of the Office of the General Prosecutor attached to the Court of Appeal. He studied law for 10 years in the Republic of Kazakhstan and received his PhD in law in 1997 from Kazakhstan National University. He was appointed to the Judiciary in 2001 as the Deputy Prosecutor to the Battambang Court, and in 2005 he was appointed to the Supreme Court as the Lead Prosecutor. He was a member of a team drafting the Civil Code and Civil Procedure Code for Cambodia. He lectures on International Criminal Law at the Royal Academy for the Judicial Professions and the Royal University of Law and Economics. Dr. Ya Narin (Cambodia) is currently the President of the Mondulkiri Court. He first took judicial office in 2001, was appointed as a judge of the Rattanakiri Court in 2002 and was promoted to President of the same court in Prior to these posts, he was an official in Secretariat of the Law Council in the Council of Ministers, where he was responsible for studying draft laws and regulations proposed by the Ministries. He began his legal studies at Kazakh State University and obtained his PhD from the State and Law Institute of Kazakhstan in 1998, specialising in criminology. Reserve Judges: Mr. Mong Monichariya (Cambodia) has been a Chief Judge of the Preah Sihanouk Provincial Court since He was appointed as a Judge of the Supreme Court in 2002, and had served as a Judge of Phnom Penh Court since For the last 10 years he has been a member of Cambodian team drafting Civil Code and Civil Procedure Code, and since 2004 a Trainer at the Royal School for Judges and at the Lawyer s Training Centre. He obtained a Master s degree in Law from the Kazakhstan National University in 1993 and was a PhD research student in law at 2

3 Build Bright University. In 1995, he received a Certificate on Judicial Profession. He has also attended the Course on International Criminal Court organised by the Office of the Council of Ministers in cooperation with the Centre for Restorative Justice in Asia and the UNDP Course at Royal School for Judges and Prosecutors. Ms. Florence Ndepele Mwachande Mumba (Zambia) has been a Supreme Court Judge in Zambia since She was the first woman High Court Judge ( ) and Investigator General ( ). She recently chaired the Electoral Commission of Zambia ( ). In the international arena, she served on the UN Commission on the Status of Women ( ), was elected a Judge of the International Criminal Tribunal for the former Yugoslavia in 1997 and served as Vice-President of the ICTY ( ). She also served as a Judge of the Appeals Chamber in the ICTY and International Criminal Tribunal for Rwanda ( ). As a distinguished lawyer and women s rights activist, Ms. Mumba has travelled extensively presenting papers and lectures and has defended the rule of law in governance. Co-Prosecutors CHEA Leang (Cambodia) received her Master of Arts in Law from Martin Luther University in Germany in She began her legal career at the Ministry of Justice in 1996 and became Deputy in the Training Office in She joined the Cambodian judiciary as a Prosecutor in the Appeals Court in 2002, taking part in trial at the Court of Appeals and inspecting prosecutors work at provincial level. She received additional training on human rights in Denmark, on legal and judicial cooperation in Japan and on international criminal investigations in The Hague. Andrew CAYLEY (United Kingdom) was appointed as international Co- Prosecutor of the ECCC in December 2009 to replace predecessor Mr. Robert Petit. Mr. Calyley previously served as Senior Prosecuting Counsel at the International Criminal Court and was responsible for the first Darfur case. He also served as Senior Prosecuting Counsel at the International Criminal Tribunal for the former Yugoslavia. Prior to that, he served as Prosecuting Counsel at ICTY. He is a Barrister of the Inner Temple and holds an LL.B and an LL.M from University College London. He is also a professional officer graduate of the Royal Military Academy Sandhurst. Deputy Co-Prosecutors YET Chakriya (Cambodia) began his legal career as court clerk in the Phnom Penh Municipal Court in 1980 and was promoted to Deputy Prosecutor there in In 2006, he was appointed to serve as Deputy Prosecutor in Banteay Meanchey Court. He has experience with investigation and trial work in criminal cases. Mr. Yet obtained a Master degree in Law from Chamroeun University of 3

4 Poly-Technology. He has received additional training in Thailand and the US on judicial procedure and criminal law. William SMITH (Australia) was a trial attorney, legal advisor and analyst at the International Criminal Tribunal for the former Yugoslavia for 10 years before joining the ECCC. Previously he was a police prosecutor in the South Australian Police Force for 7 years. He graduated from Adelaide University in 1993 whilst working at the South Australian Director of Public Prosecutions, and then worked as a criminal law barrister and solicitor in Adelaide. In 1999, he received a Masters in International Law at Leiden University. In 2000, he was seconded to the UN in East Timor as a human rights officer and Acting District Administrator. Defence Counsel KAR Savuth (Cambodia) has practised criminal law since 1982 and is one of the first lawyers to be admitted to the Bar Association of the Kingdom of Cambodia. He has represented persons accused of serious crimes, including former Khmer Rouge members. Mr. Kar has been the legal advisor to the General Secretariat of the National Assembly. KANG Ritheary (Cambodia) has practised criminal law since he was admitted to the Bar Association of the Kingdom of Cambodia in He has been the President of the ASEAN INTERNATIONAL LAW GROUP since Mr. Kang holds a PhD in Law and has worked as a law professor since Civil Party Lawyers Karim A. A. KHAN (Great-Britain) has over 16 years experience as a barrister in both national and international courts. He served as a Senior Crown Prosecutor at the Law Commission of England and Wales, and worked at the International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Courts in East Timor, the Special Court for Sierra Leone and the International Criminal Court. He is co-author of Archbold International Criminal Courts. TY Srinna (Cambodia) completed an LL.M at Pannasastra University partly in international law and criminal law. She was admitted to the Bar Association of the Kingdom of Cambodia in She has since been working at Legal Aid of Cambodia, Pana Asean Law Office, and Asia Pacific International Law Firm. 4

5 Alain WERNER (Switzerland) has been a member of the Geneva Bar Association since June He has been working directly with victims in his capacity as a Prosecutor for years in the Special Court for Sierra Leone. More recently, he has been part of a team under Human Rights Watch working in Chad to bring the former dictator of Chad, Hissene Habre, to justice in Senegal. His education includes an LL.M from Columbia University in international criminal law. Brianne McGONIGLE (USA) has been a member of the State Bar of Georgia since 2007 and specialises in international criminal law, international humanitarian law, human rights and victims rights. In addition to writing her PhD on victim participation in international criminal law, she has had experience working for a defence team at the International Criminal Tribunal for the former Yugoslavia and as a Visiting Professional at the International Criminal Court (Office of Public Counsel for Victims). Silke STUDZINSKY (Germany) has been working for 17 years as a criminal defense lawyer and as representative of co-plaintiffs before criminal courts in Germany. Since February 2008, she is working in the framework of the Civil Peace Service of the German Development Organization DED in Cambodia and represents Civil Parties in two cases before the Extraordinary Chambers in the Courts of Cambodia. HONG Kim Suon (Cambodia) has practised criminal law since He was admitted to the Bar Association of the Kingdom of Cambodia in 1999 and has been a member of the Bar Council of the Bar Association since In the same year, he was promoted to be Team Leader of lawyers for the Cambodia Defenders Project in Phnom Penh.. KONG Pisey (Cambodia) has practised criminal law since He was admitted to the Bar Association of the Kingdom of Cambodia in Presently, he is Chief of Technical Advocate of the Cambodian Defenders Project in Phnom Penh. YUNG Phanit (Cambodia) was sworn in as an attorney with the Bar Association of the Kingdom of Cambodia in Currently, he is working as Deputy of the National Prosecution Working Group of National Task Force Combating Human Trafficking. MOCH Sovannary (Cambodia) was admitted to the Bar Association of the Kingdom of Cambodia in She has practised law since In 2007, she became Legal Consultant for B.N.G-Avocats and Solicitors and joined Bunveng Law Office and Partner. In 2008, she became a lecturer in business law at Putisastra 5

6 University. Currently, she works as an Attorney at Law for Bunveng Law Office and Partner and Avocats Sans Frontières. KIM Mengkhy (Cambodia) began his career in law in 2005, and became Member of the Bar Association of the Kingdom of Cambodia in He was Legal Assistant and Researcher for Transparency International, Center for Social Development and EWMI as well as Legal Consultant for B.N.G-Avocats and Solicitors. He has taught at Angkor City Institute and other universities. In 2008, he joined Bunveng Law Office and Partner. Currently, he is President of Khydy Law Office and Lawyer of Avocats Sans Frontières.. Martine JACQUIN (France) has been a member of the Paris Bar Association since In 2004, she became the head officer of the programme Avocats Sans Frontières (ASF) in Cambodia. She participates directly in the training of young lawyers and has established a pro bono lawyers network to support poorer population in their access to the Cambodian courts. Presently, she is Head of the Defence office of civil parties, created by ASF France. Philippe CANONNE (France) was admitted to the Paris Bar Association in Having graduated at the Faculty of Law of Paris, he is an avocat specialised in civil rights. President of the Aurillac Bar Association and member of Avocats Sans Frontières France, he is today co-leader of the Cambodia group. He is a lecturer at the Training Center for Lawyers in Phnom Penh and works as a visiting professor at the School for Human Rights. Elisabeth-Joelle RABESANDRATANA (France-Madagascar) has been practising law in France since She specialises in criminal matters and is registered on the International Criminal Court s list of lawyers. She is also an active member of Avocats Sans Frontières (ASF). 6