Internal Rule 35

<div><b>Rule 35. Interference with the Administration of Justice</b></div><div><i>(Amended on 6 March 2009)</i></div><div>1. The ECCC may sanction or refer to the appropriate authorities, any person who knowingly and wilfully interferes with the administration of justice, including any person who:</div><div>a)&nbsp;discloses confidential information in violation of an order of the Co-Investigating Judges or the Chambers;&nbsp;</div><div>b) without just excuse, fails to comply with an order to attend, or produce documents or other evidence before the Co-Investigating Judges or the Chambers;</div><div>c)&nbsp;destroys or otherwise tampers in any way with any documents, exhibits or other evidence in a case before the ECCC;&nbsp;</div><div>d) threatens, intimidates, causes any injury or offers a bribe to, or otherwise interferes with a witness, or potential witness, who is giving, has given, or may give evidence in proceedings before the Co-Investigating Judges or a Chamber;</div><div>e) threatens, intimidates, offers a bribe to, or otherwise seeks to coerce any other person, with the intention of preventing that other person from complying with an order of the Co-Investigating Judges or the Chambers;&nbsp;</div><div>f) knowingly assists a Charged Person or Accused to evade the jurisdiction of the ECCC; or</div><div>g) incites or attempts to commit any of the acts set out above.</div><div><br></div><div>2. When the Co-Investigating Judges or the Chambers have reason to believe that a person may have&nbsp;&nbsp;committed any of the acts set out in sub-rule 1 above, they may:</div><div>a)<span class="Apple-tab-span" style="white-space:pre"> </span>deal with the matter summarily;&nbsp;</div><div>b) conduct further investigations to ascertain whether there are sufficient grounds for&nbsp;instigating proceedings; or&nbsp;</div><div>c) refer the matter to the appropriate authorities of the Kingdom of Cambodia or theUnited Nations.</div><div><br></div><div>3. Any person subject to proceedings under this Rule shall be entitled to legal assistance as provided in Rule 11 and the Defence Support Section administrative regulations.</div><div><br></div><div>4. Cambodian Law shall apply in respect of sanctions imposed on a person found to have committed any act set out in sub-rule 1.</div><div><br></div><div>5. If a lawyer is found to have committed any act set out in sub-rule 1, the Co-Investigating Judges or the Chambers making such finding may also determine that such conduct amounts to misconduct of a lawyer pursuant to Rule 38.</div><div><br></div><div>6. Any decision under this Rule shall be subject to appeal before the Pre-Trial Chamber or the Supreme Court Chamber as appropriate. A notice of appeal to the Pre-Trial Chamber shall be filed within 15 (fifteen) days of the date of decision or of its notification, as appropriate. An appeal to the Supreme Court Chamber shall be filed in compliance with Rules 105(2) and 107(1).</div>