Diana Ellis, International Co-Lawyer of Defense Support Unit (Ieng Thirith’s Case)

Primary Interview Questions

  1. Could you tell us your name, your position at the ECCC, and a brief summary of your responsibilities?
  2. What challenges did you, and the defence counsel more generally, face at the ECCC?
  3. Were there areas of the court’s makeup, procedure, rules, or practices that you found frustrating, inefficient, or requiring improvement? Can you offer a personal anecdote on this?
  4. Can you provide any opinion on areas where you found the court’s business practices or structure to be surprisingly efficient, successful, or supportive of your role? In other words, what part of the court (process, function, or entity) seemed to work well in supporting the defense?
  5. Did you observe best practices at the ECCC that might be helpful for future international tribunals? What about lessons learned or recommendations for future courts? Any anecdotes to illustrate these?
  6. Did you feel that the prosecution and defence were treated equally at the ECCC?
  7. While representing Ieng Thirith, you advocated that charges against her be dropped because her mental state (dementia) made her unfit to stand trial. The Trial Chamber ultimately agreed, and upon her death in 2015, ended all proceedings against her. Many have said that the amount of time that passed between the events of the Khmer Rouge era and the beginning of the trials made the trial process challenging. Tell us about this from your perspective. What was it like to represent someone that you felt was unable to contribute to their own defence? (And how were the ECCC’s mental health services?)
  8. You previously defended Fer­dinand Nahimana at the In­ter­national Criminal Tribunal for Rwanda. Were there significant differences between the ICTR and the ECCC that affected how you were able to defend your clients?
  9. What do you see to be significant challenges for future courts handling mass atrocities based on your work at the ECCC?
  10. Can you recall any experiences at the ECCC that changed your perspective, opinion, or practice?
  11. What do you think the major impacts of the ECCC will be for Cambodian society? Both today and twenty years from now?
    (July 11, 2019)

Diana Ellis, International Co-Lawyer of Defense Support Unit (Ieng Thirith’s Case)

Wendy Lobwein, Chief of Witness and Experts Support Unit

Mahdev Mohan, International Lawyer of Civil Party

Vinita Ramani, International Lawyer of Civil Party

Neary Ouk, Civil Party

Silvia Cartwright, International Judge of Trial Chamber

Polycarp Ambe Niba, International Interpreter and Translator

Silke Studzinsky, International Lawyer/Senior Legal Advisor of Civil Party Unit

Baily Gilarowski, International Investigator of Office of Co-Investigating Judges

Susan Lamb, Senior Court Coordinator and Legal Officer of Trial Chamber

Karim KHAN, International Attorney of Civil Party Unit for Case 001

Alain Werner, International Lawyer of Civil Party Unit

Russell Hopkins, International Senior Legal Officer of Trial Chamber

Daniel McLaughlin, International Senior Legal Officer of Trial Chamber

Elisabeth Simonneau, International Lead Co-Lawyer of Civil Party Unit

CHET Vanly (ជេត វណ្ណលី), National Co-Lawyer of Civil Party Unit for Case 002/004

Tarik Abdulhak, International Senior Assistant of Office of Co-Prosecutors

Priyanka Chirimar, International Investigator and Legal Officer of Office of Co-Investigating Judges

Michael G. Karnavas, International Co-Lawyer of Defense Support Unit

Richard Rogers, International Co-Lawyer of Defense Support Unit

Dale Lysak, International Senior Prosecution Trial Manager of Office of Co-Prosecutors

KIM Meng Khy (គឹម ម៉េងឃី), National Co-lawyer of Civil Party Unit for Case 001/002

Claudia Fenz, International Judge of Trial Chamber

NOL Dara (ណុល ដារ៉ា ), National Staff of Transcriber and Transcript Reviser Unit

Coman Kenny, International Prosecutor Assistant of Office of Co-Prosecutors

Roger Phillips, Legal Officer and Griffier of Trial Chamber

LY Nimol (លី និមល) National Assistant to Witness and Expert Support Unit

Vincent De Wilde d’Estmael, International Senior Prosecutor Assistant of Office of Co-Prosecutors

Scott Bywater, International Supervisor of Transcription Unit

NOU Soty (នូ សុទី), National Driver of Drivers Section

Ry Noyel (រី ណូយែល), National Senior Legal Consultant, (Case 004/1) Defense Support Unit

VAT Somao (វ៉ាត សុម៉ៅ), National Staff of Transcription Unit

TEK Vitra (តឹក វិត្រា) National Administrative Assistant to International Investigating Judge

PRUM Phalla (ព្រំ ផល្លា), National Senior Evidence Analyst, Defense Support Section

Neuv Socheata (នៅ សុជាតា), National Legal Officer of Office of Co-Investigating Judges

SAN Kiri (សាន គីរី), National Staff, Transcription Unit

William Smith, International Deputy Prosecutor of Office of Co-Prosecutors

Julie Bardeche, International Legal Officer of Office of Co-Investigating Judges

Khim Chanthoeun (ឃឹម ចាន់ធឿន), National Analyst and Research Assistant of Office of Co-Investigating Judges

Andrew Boyle, International Associate Prosecutor of Office of Co-Prosecutors

Nivedha Thiru, International Legal Consultant of Office of Co-Investigating Judges

Isobel Granger, International Investigator of Office of Co-Investigating Judges

Phillip L. Weiner, International Legal Officer Team Leader of Office of Co-Investigating Judges

Hiroto Fujiwara, International Analyst Team Leader of Office of Co-Investigating Judges

SAUR Sokhalay (សូរ សុខាល័យ), National Translator/Interpreter

KEUT Sokha (កើត សុខា), National Officer of Witness and Expert Support Unit

LEOUNG Sophal (ឡឹង សុផល), National Outreach Facilitator of Victims Support Unit

Dr. MEAS Bora (មាស បូរ៉ា), National Legal Officer Team Leader of Office of Co-Investigating Judges

HUOT Vichheka (ហ៊ួត វិច្ឆិកា), National Translator/Interpreter

Nicholas Koumjian, International Prosecutor of Office of Co-Prosecutors

I have dedicated over twenty years of my life to the pursuit of justice for Khmer Rouge victims and survivors, and my work with the Khmer Rouge Tribunal (otherwise known as the Extraordinary Chambers in the Courts of Cambodia (ECCC)) has given me a diverse spectrum of professional skills and experiences that make me well-qualified to be a team leader at the Documentation Center of Cambodia (DC-Cam). Between 1998 and 2007 (10 years) I worked for DC-Cam and between 2007 through 2018 (11 years) I worked for the ECCC, before returning to DC-Cam on 1 January 2019 as Director for Documentation and Democracy project. I am a child survivor and I have lost the majority of my close family members to the Khmer Rouge. My mother was executed during the Khmer Rouge regime and my brother disappeared. To this day, I have little information on what happened to my brother. In addition, both my father and sister died from malaria during the Khmer Rouge period, so in many ways it is my life’s work to give back to victims and survivors so their memory lives on. While I have worked predominantly in the fields of case analysis, data coding, and research in support of the ECCC and DC-Cam, I have been involved in a wide variety of grassroots projects and I have extensive experience in oral history research. While employed with DC-Cam, I interviewed over a hundred Cambodian and Cham victims, survivors, and Khmer Rouge cadres. I appreciate the importance of education, particularly because it is what gives teams and organizations the core competencies that are crucial to successful communication, learning, and future professional development. I have a Bachelor of Arts degree in English Literature and Education and a Master of Law and Political Science degree from the University of Build Bright (BBU), Phnom Penh, Cambodia. To me, leading teams means creating leaders on my team who understand the importance of our collective work. Ultimately, while the desired end state in projects must be measurable and documented for the public and the project’s supporters to see the progress in victims, survivors, and society, it is those small, intimate connections with the people we serve that really makes the value of our service tangible, as well as personally rewarding. I aspire to be the kind of team leader that not only can push teams to exceed the targets for projects but also see the tangible improvements to the individuals we serve.

Summary

Victims of large-scale human rights violations have a fundamental right to reparations grounded in the Universal Declaration of Human Rights and international human rights treaties such as the International Covenant on Civil and Political Rights. Unfortunately, rarely, if ever, are mechanisms adopted and implemented that would meaningfully redress the victims. The Cambodian victims of the violations of human rights committed during the Democratic Kampuchea period of 1975 to 1979 – many of whom were admitted as Civil Parties participating in proceedings at the Extraordinary Chambers in the Courts of Cambodia (“ECCC”) – are no different.

Although virtually the entire population was severely traumatized during the Democratic Kampuchea period, formal mental healthcare services for the survivors, as well as others, have been either lacking or woefully inadequate to meet demand. The ECCC – which was established by an Agreement between the United Nations and the Royal Government of Cambodia to “brin[g] to trial senior leaders of Democratic Kampuchea and those who were most responsible for the crimes and serious violations” in Cambodia between 17 April 1975 and 6 January 1979 – can only award non-compensatory and symbolic reparations.

Full Text

Part I: March 1997- March 1999
by Ambassador Thomas Hammarberg

During my first mission to Cambodia (June 1996) it immediately became clear to me that the Khmer Rouge crimes in the 1970’s still cast a paralysing shadow over Cambodian society. The killings of educated professionals had left gaps that still crippled the judiciary, the government administration, including the health and education structures. The moral impact was even more profound. The fact that no one had been held accountable for the mass killings and other atrocities had clearly contributed to the culture of impunity which was still pervasive in Cambodia.

Wherever I went in Phnom Penh or in the provinces I made a point of discussing the Khmer Rouge legacy and what ought to be done. One message became clear: the crimes were not forgotten. Almost everyone I met was personally affected, had suffered badly and/or had close relatives who died. Even now, more than two decades later, the overwhelming majority wanted those responsible to be tried and punished. The only argument against arrests and trials was the risk of further unrest and civil war. However, I heard many voices saying that not even that should be accepted as a reason to avoid seeking justice.

Full Text