Norma relacionada
Cambodia
Practice Relating to Rule 100. Fair Trial Guarantees
Cambodia’s Law on the Establishment of the ECCC (2001) provides:
The Extraordinary Chambers shall have the power to bring to trial all suspects who committed or ordered the commission of grave breaches of the Geneva Convention[s] of 12 August 1949 … which were committed during the period from 17 April 1975 to 6 January 1979. 
Cambodia, Law on the Establishment of the ECCC, 2001, Article 6.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its Article 6:
The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed or ordered the commission of grave breaches of the Geneva Conventions of 12 August 1949, such as the following acts against persons or property protected under provisions of these Conventions, and which were committed during the period 17 April 1975 to 6 January 1979:
• …
• wilfully depriving a prisoner of war or civilian the rights of fair and regular trial. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 6.
With regard to the Extraordinary Chambers’ own proceedings, Article 33 new of the Law provides:
The Extraordinary Chambers of the trial court shall ensure that trials are fair and expeditious and are conducted in accordance with existing procedures in force, with full respect for the rights of the accused and for the protection of victims and witnesses. If these existing procedure do not deal with a particular matter, or if there is uncertainty regarding their interpretation or application or if there is a question regarding their consistency with international standard, guidance may be sought in procedural rules established at the international level.
The Extraordinary Chambers of the trial court shall exercise their jurisdiction in accordance with international standards of justice, fairness and due process of law, as set out in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 33 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the appointment of judges:
The judges of the Extraordinary Chambers shall be appointed from among the currently practising judges or are additionally appointed in accordance with the existing procedures for appointment of judges; all of whom shall have high moral character, a spirit of impartiality and integrity, and experience …
Judges shall be independent in the performance of their functions, and shall not accept or seek any instructions from any government or any other source. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 10 new.
The Law’s chapter on investigations provides:
The Co-Investigating Judges shall be appointed from among the currently practising judges or are additionally appointed in accordance with the existing procedures for appointment of judges; all of whom shall have high moral character, a spirit of impartiality and integrity, and experience. They shall be independent in the performance of their functions and shall not accept or seek instructions from any government or any other source. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 25 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers: “The accused shall be presumed innocent as long as the court has not given its definitive judgment.” 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
a. to be informed promptly and in detail in a language that they understand of the nature and cause of the charge against them. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35(a) new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on investigations:
During the investigations, the Suspects shall be unconditionally entitled to assistance of counsel of their own choosing, and to have legal assistance assigned to them free of charge if they cannot afford it, as well as the right to interpretation, as necessary, into and from a language they speak and understand. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 24 new.
The Law’s chapter on the proceedings of the Extraordinary Chambers further provides:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
b. to have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;
d. to be tried in their own presence and to defend themselves in person or with the assistance of counsel of their own choosing, to be informed of this right and to have legal assistance assigned to them free of charge if they do not have sufficient means to pay for it. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
Article 33 new
The extraordinary Chambers of the trial court shall ensure that trials are fair and expeditious … , with full respect for the rights of the accused and for the protection of victims and witnesses …
Article 35 new
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights:
c. to be tried without delay. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Articles 33 new and 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
e. to examine evidence against them and obtain the presentation and examination of evidence on their behalf under the same conditions as evidence against them. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on investigations:
During the investigations, the Suspects shall be unconditionally entitled to assistance of counsel of their own choosing, … as well as the right to interpretation, as necessary, into and from a language they speak and understand. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 24 new.
In the Law’s chapter on the proceedings of the Extraordinary Chambers, it is further provided:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
f. to have the free assistance of an interpreter if the accused cannot understand or does not speak the language used in the court. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
d. to be tried in their own presence. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.
g. not to be compelled to testify against themselves or to confess guilt. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 35 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
Trials shall be public and open to representatives of foreign States, of the Secretary-General of the United Nations, of the media and of national and international non-government organizations unless in exceptional circumstances the Extraordinary Chambers decide to close the proceedings for good cause in accordance with existing procedures in force where publicity would prejudice the interests of justice. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 34 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
The Extraordinary Chamber of the Supreme Court shall decide appeals made by the accused, the victims, or the Co-Prosecutors against the decision of the Extraordinary Chamber of the trial court. In this case, the Supreme Court Chamber shall make final decisions on both issues of law and fact, and shall not return the case to the Extraordinary Chamber of the trial court. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 36 new.
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides in its chapter on the proceedings of the Extraordinary Chambers:
The Extraordinary Chambers of the … court shall exercise their jurisdiction in accordance with international standards of justice, fairness and due process of law, as set out in Articles 14 and 15 of the 1966 International Covenant on Civil and Political Rights. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 33 new.