Internal Rule 29

<div><strong>Rule 29. Protective Measures</strong></div><div><em>(Amended on 1 February 2008, 5 September 2008, 6 March 2009, 11 September 2009 and 17 September 2010)</em></div><div>&nbsp;</div><div>1.<span class="Apple-tab-span" style="white-space: pre;"> </span>The ECCC shall ensure the protection of Victims who participate in the proceedings, whether as complainants, or Civil Parties, and witnesses, as provided in the supplementary agreement on security and safety and the relevant <a href="… Directions.</a></div><div><a href="… class="Apple-tab-span" style="white-space: pre;"> </span>When the Co-Investigating Judges or the Chambers issue an order or when other offices within the ECCC fulfil their duties, they shall take account of the needs of victims and witnesses. In particular, whenever such offices must communicate with victims, witnesses, complainants, or Civil Parties, they may communicate with their lawyers or Victims’ Association, as appropriate, where direct communication could place the life or well being of that person in danger.</div><div>&nbsp;</div><div>3.<span class="Apple-tab-span" style="white-space: pre;"> </span>The Co-Investigating Judges and the Chambers may, on their own motion or on request, and after having consulted with the Victims Support Section or the Witnesses/Experts Support Unit, order appropriate measures to protect victims and witnesses whose appearance before them is liable to place their life or health or that of their family members or close relatives in serious danger. The Co-Investigating Judges or the Chambers may issue such an order on their own motion where there are indications in the case file of such risk. Protective measures for victims shall be requested no later than 15 days after the indictment becomes final. Protective measures for witnesses shall be requested no later than the date for the filing of the witness list referred to in Rule 80. On an exceptional basis, later applications may be considered by the Chamber.</div><div>&nbsp;</div><div>4. In this respect, the Co-Investigating Judges and the Chambers may make a reasoned order adopting measures to protect the identity of such persons, including:</div><div>a)<span class="Apple-tab-span" style="white-space: pre;"> </span>declaring their contact address to be that of their lawyers or their Victims’ Association, as appropriate, or of the ECCC;</div><div>b) using a pseudonym when referring to the protected person; <br>c)<span class="Apple-tab-span" style="white-space: pre;"> </span>authorising recording of the person's statements without his or her identity appearing inthe case file;</div><div>d) where a Charged Person or Accused requests to be confronted with such a person, technical means may be used that allow remote participation or distortion of the person’s voice and or physical features;</div><div>e)<span class="Apple-tab-span" style="white-space: pre;"> </span>as an exception to the principle of public hearings, that the Chambers may conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means.</div><div>&nbsp;</div><div>5. In such cases, the person’s request and identity shall be recorded in a classified register separate from the case file. Disclosure of the identity or the address of a person who has benefited from the provisions of this Rule may be punished in accordance with Cambodian Law.</div><div>&nbsp;</div><div>6. No conviction may be pronounced against the Accused on the sole basis of statements taken under the conditions set out in sub-rule 29(4)(c) above.</div><div>&nbsp;</div><div>7. Where necessary, the Co-Investigating Judges and the Chambers may order appropriate judicial guarantees as provided in these Internal Rules and/or the physical protection of a Victim or witness in safe residence in Cambodia or abroad.</div><div>&nbsp;</div><div>8.<span class="Apple-tab-span" style="white-space: pre;"> </span>Decisions issued by the Co-Investigating Judges under sub-rule 4 of this Rule shall be subject to appeal to the Pre-Trial Chamber as provided in Rule 74. Decisions issued by the Trial Chamber shall be subject to appeal to the Supreme Court Chamber, as provided in Rule 104(4).</div><div>&nbsp;</div><div>9. Appeals against decisions relating to protective measures provided for in this Rule do not have suspensive effect, except on decisions lifting such measures.</div><div>&nbsp;</div><div><strong><em>You can also read the Practive Direction on Protective Measures:</em></strong></div><div><a href="…;