Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
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.
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.