Wednesday, July 6, 2011

ECCC Law

Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea

("ECCC Law")

the inclusion of amendments as promulgated on 27 October 2004

CHAPTER X

Article 35 new
The accused shall be presumed innocent as long as the court has not given its definitive judgment.
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;
b. to have adequate time and facilities for the preparation of their defence and to communicate with counsel of their own choosing;
c. to be tried without delay;
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 ;
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;
f. to have the free assistance of an interpreter if the accused cannot understand or does not speak the language used in the court;
g. not to be compelled to testify against themselves or to confess guilt.

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