Judge Silvia Cartwright was an international Judge in the Trial Chamber from the inception of teh ECCC until 1 September 2014. Judge Cartwright graduated with a Bachelor of Laws from Otago University in 1967.
After several years in private practice, she embarked on a judicial career which culminated in her appointment as the first woman in New Zealand to the High Court.
Internationally, Dame Silvia contributed as a member of the UN committee monitoring compliance with the UN Convention to Eliminate All Forms of Discrimination Against Women. She was made a Dame Commander of the Order of the British Empire in 1989 and Principal Companion of the New Zealand Order of Merit in 2001.
La représentante spéciale du Secrétaire général de l’ONU chargée de la question des violences sexuelles commises en période de conflit, Margot Wallström, a récemment invité le Gouvernement cambodgien et les CETC à mettre en œuvre tous les moyens dont ils disposent, en toute indépendance, pour rendre hommage au courage des victimes de violences sexuelles commises à l’époque des Khmers rouges et pour attester du sacrifice des victimes et des survivants.
Cette page comporte des documents et informations générales qui pourraient intéresser les représentants des médias couvrant les déclarations liminaires ainsi que l’ouverture des audiences consacrées à l’examen des éléments de preuve dans le cadre du dossier no 002 concernant Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith.
On this page we have collected documents and background information which may be useful for media representatives covering the opening statements and the start of hearing of evidence in Case 002 against Khieu Samphan, Nuon Chea, Ieng Sary and Ieng Thirith.
The Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has announced that the initial hearing in Case 002 will commence on Monday 27 June 2011 and continue on Tuesday, Wednesday and Thursday 28-30 June 2011, if required. The indicted persons in Case 002 are former Head of State Mr. Khieu Samphan, former Deputy Prime Minister in Charge of Foreign Affairs Mr. Ieng Sary, former Deputy Secretary of the Communist Party of Kampuchea Mr. Nuon Chea and former Minister of Social Affairs Mrs. Ieng Thirith.
The Judges of the Extraordinary Chambers in the Courts of Cambodia (ECCC) convened together for the opening on the 9th session of the ECCC Plenary on 21 February 2010.In his opening speech Judge Kong Srim, the President of the ECCC Plenary, said that the purpose of the 9th session of the ECCC Plenary session was to consider amendments to the ECCC Internal Rules “relating to the further streamlining of proceedings”. “One of the significant amendments would allow for an efficient procedure in immediate appeals before the Supreme Court Chamber”, Judge Kong said.All the Judges of the ECCC comprises the Plenary. The ECCC Plenary can amend the Internal Rules of the Court, which lays out the procedural rules for the judicial proceedings. Opening speech by Judge Kong Srim, President of the ECCC PlanaryOpening speech by Judge Silvia Cartwright, Vice-President of the ECCC Plenary
In a decision rendered on 16 February 2011, the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia rejected Defence applications seeking the immediate release of the Accused Persons Nuon Chea, Khieu Samphan and Ieng Thirith.
On this page we have have assembled practical information as well as background information for media representatives coming to cover the pronouncement of the verdict in the "Duch"-trial on 26 July 2010. Press kit Press kit with background information and facts about the trial of Kaing Guek Eav alias Duch:http://www.eccc.gov.kh/english/cabinet/fileUpload/166/ECCC-26JulyPressKit.pdf Case information sheet:http://www.eccc.gov.kh/english/cabinet/files/Case_Info_DUCH_EN.pdf Biographies of judges and lawyers: http://www.eccc.gov.kh/english/cabinet/fileUpload/167/Bios.pdf Schedule for 26 July 2010Media representatives can access the ECCC compound from 07:00 am. We recommend that you arrive early in order to avoid queue. The judgment hearing will commence at 10:00 am and it is not expected to extend beyond lunchtime. 30 minutes after the conclusion of the hearing, there will be a press conference in the public gallery of the courtroom with court spokespersons, Co-Prosecutors, Civil Party lawyers and Defence counsel.Simultaneous interpretation between Khmer, English and French will be available at the press conference. Accreditation cardsAccreditation cards can be picked up at ECCC at the following times:Thursday 22 July and Friday 23 July 09:00-16:00Saturday 24 July and Sunday 25 July 10:00-16:00Please contact Mr. Sok Heng NHET on phone 012 486 904 before you come to pick up your card.In case you are unable to pick up your accreditation card on any of these days, you may also pick it up on the morning of 26 July. We do however strongly recommend that you pick up your card before the 26 July in order to avoid queue.Opening hours during the weekendThe ECCC will be open on Saturday 24 and Sunday 25 July from 10:00-16:00. During this times it will be possible to pre-install equipment, test audio and video feeds and to inspect available facilities.Seats reserved for media in the public galleryAll media representatives who have been allocated a seat inside the public gallery must be in their seats at the latest by 09:30 on 26 July. No cameras, laptops, cell phones or recording devices will be permitted in the court. Cell phones can be stored in room C108 located at the front of the court building.PhotographyECCC will provide still photos taken inside the courtroom at the start of the hearing. AudioAudio feeds of the proceeding will be provided to media though a PHONO connection. This feed can be accessed in the pressroom located at the front of the court building using one of 24 audio connections. Feeds in English, French and Khmer will be provided. Additional audio hookups are possible from a recorder to recorder if the users bring the required cables. No audio recording will be permitted inside the courtroom. Video Video feeds of the proceedings will be provided though a PHONO connection. This feed can be accessed in the pressroom located at the front of the court building using one of 23 output connections. Additional audio hookups are possible from a recorder to recorder if the users bring the required cables. No video recording will be allowed inside the courtroom. The ECCC will provide video footage from the public gallery from the first 5 minutes of the hearing.Stand-Up LocationsTwo locations have been allocated outside the court building for use in video ‘stand-ups’. One is located at the front of the court with a view of the buildings and official flags, the other is located near the Court's guardian spirit statue. No other locations for stand-ups will be permitted. Internet connection:The Press Work Room (C108) has a quiet space for working and a number of computers with internet connection, and is available on a first come first served basis. Private laptops may be used but will not be permitted to access the ECCC network or the ECCC internet connection.SpokespersonsThe following persons are authorised to give statements to the media on behalf of ECCC:Sambath Reach, Chief Public Affairs Mobile phone:012 488 156 Lars Olsen , Legal Communications Officer Mobile phone:012 488 023Sovannarom Dim, Press Officer Mobile phone:012 488 094Yuko Maeda, Public Affairs Officer Mobile phone:012 488 319 How to get to the courtThe Extraordinary Chambers in the Courts of Cambodia are situated in Chaom Chau, 16 kilometers from downtown Phnom Penh, on the left hand side of National Road 4. Public and media please enter from the Visitors Gate at the eastern end of the compound. Follow the road to Phnom Penh International Airport and continue on National Road 4 for an additional 4 kilometers. No public transportation is available, so visitors without own transportation need to take a taxi or tuk tuk.
"Although trial of Case File 001 completed with significant success, many challenges remain including maintaining the agreed timelines. The timelines were projected in consultation with all judicial offices. Now is the time to deliver", said H.E. Kong Srim, the President of the Plenary during the opening of the 7th Plenary Session of the ECCC. President of the Plenary, H.E. Kong Srim and International Vice-President Judge Silvia Cartwright during the opening of the 7th ECCC Plenary Session. Opening speech by H.E. President Kong Srim at ECCC Plenary Session 2 February 2010 Opening Speech by International Vice President, Judge Silvia Cartwright ECCC 7th Plenary Session, 2 February 2010.
In a majority decision rendered orally on 27 August 2009, with Judge Jean-Marc Lavergne partly dissenting, the Trial Chamber barred Civil Parties from making submissions regarding the sentencing of the Accused. Furthermore, it was decided that the Civil Parties were not allowed to participate in the questioning of the Accused, of witnesses or of experts when they testify about the character of the Accused. A written decision explaining the Trial Chamber’s reasoning was issued on 9 October 2009. The Trial Chamber’s majority (judges Nil Nonn, Silvia Cartwright, Ya Sokhan and Thou Mony) notes that while certain provisions in the Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia (“ECCC Law) contain references to victims, “the ECCC Law did not envisage victim participation by means of a Civil party Procedure”. The Majority also notes that neither the Agreement between the Royal Government of Cambodia and the United Nations nor the ECCC Law “provide for the Trial Chamber to award reparations against the convicted person”. Furthermore, even though the Civil Party model in the ECCC Internal Rules is based upon Cambodian criminal procedure, it is not identical with such procedure, and the model must remain consistent with the specific nature of criminal proceedings before the ECCC. The Majority finds that the ECCC Law and the nature of the criminal proceedings before the ECCC are limitations that must be acknowledged, and therefore “a restrictive interpretation of rights of Civil Parties in proceedings before the ECCC is required”. When discussing the different roles of the Co-Prosecutors and the Civil Parties, the Majority notes that a prosecutor represents the community and public interest, but not “individual or sectional interests, such as those related to claims for reparations”. It is therefore the role of the Co-Prosecutors to prove the guilt of the Accused. On the other hand, the role and interest of a Civil Party is mainly to seek reparation. Since criminal conviction is a prerequisite for being awarded reparations, the ECCC Internal Rules allow the Civil Parties to support the prosecution in proving the guilt of the Accused and to establish the truth. A conviction will create the foundation for a Civil Party claim for reparations. The roles of the Co-Prosecutors and Civil Parties must diverge with respect to sentencing, where the Majority finds that:“The Co-Prosecutors’ responsibility is to ensure an appropriate sentence and the Civil Parties’ is to seek reparation as provided in the Internal Rules. The Co-Prosecutors have no role in seeking reparation, and the Civil Parties none in relation to sentencing. The latter is the sole preserve of the prosecution, in the public interest and in the interests of justice.”With regards to the testimonies related to the character of the Accused, the Majority finds that “these are considerations for determining aggravating or mitigating circumstances in relation to any eventual sentence, and have no bearing on the guilt or innocence of the Accused”. Consequently, the Civil Parties are barred from questioning the Accused about his character, as well as questioning experts and witnesses who were called to testify exclusively on the character issue.In his dissenting opinion, Judge Jean-Marc Lavergne writes that, fundamentally, his disagreement “pertains to the role of the Civil Parties, to the possibility for them to participate in the proceedings concerning the character of the Accused…”. He notes that the ECCC law explicitly offers the victims a possibility to participate in the ECCC proceedings and that:“…being joined as a Civil Party is, legally speaking, still the only means for victims to participate in the proceedings. In order to ensure respect for the rights of the victims, the Chamber must therefore, inter alia, ensure effective exercise of the rights afforded to the Civil Parties by virtue of their status, as well as fair and adversarial proceedings for all the parties without exception.”Judge Lavergne further notes that the Internal Rules of the ECCC awards rights to the Civil Parties at the different stages of the proceedings, either by explicitly mentioning Civil Parties, or by referring to “parties” without distinction. It must therefore be assumed that, unless a certain provision in the Internal Rules explicitly excludes Civil Parties from participating or restricting their rights, they have the same rights and obligations as all other parties. Neither the Cambodian Criminal Procedure Code nor the ECCC Internal Rules make any distinction between adversarial hearing of evidence related to proving guilt and evidence related to the character of the Accused. Furthermore, Judge Lavergne argues that testimonies related to the character of the Accused are not only relevant for determining appropriate sentencing. Assessments of the personality of the accused and his possible motivations, character traits or psychological features are all important factors in ascertaining the truth and for understanding why crimes where committed. Victims have a clear interest in this.Finally, Judge Lavergne also notes his concerns about what he sees as an inconsistency from the Trial Chamber, as the Civil Parties on numerous occasions had been allowed to pose questions about character both to the Accused and to witnesses and experts who had appeared prior to 27 August 2009.Related documents:Decision on Civil Party Co-lawyers’ joint request for a ruling on the standing of Civil Party lawyers to make submissions on sentencing and directions concerning the questioning of the accused, experts and witnesses testifying on character