Internal Rule 23 bis

<p><strong>Rule 23 bis . </strong></p><p><em>Application and admission of Civil Parties (Adopted on 9 February 2010)</em></p><p><em>1. In order for Civil Party action to be admissible, the Civil Party applicant shall:<br></em>a) be clearly identified; and<br><br>b) demonstrate as a direct consequence of at least one of the crimes alleged against the Charged Person, that he or she has in fact<br>suffered physical, material or psychologicalinjury upon which a claim of collective and moral reparation might be based<em><br></em></p><p>2. A Victim who wishes to be joined as a Civil Party shall submit such a pplication in writing no later than fifteen (15) days afte r the Co-Investigating Judges notify the parties of the conclusion of the judicial investigation pursuant to IR 66(1). Subject to the provisions in thes e IRs relating to the protection of Victims, the Co-Investigating Judges must notify the Co-Prosecutors and the Charged Person. The Co-Investigating Judges may reject Civ il Party applications at any time until the date of the Closing Order. Such orders shall be open to expedited appeal to the Pre-Trial Chamber by the Civil Party applicant as prescribed by Prac tice Direction. Such app eals shall not stay the proceedings. Unless and until rejected, Civil Party applicants may exercise Civil Party rights.</p><p>3. When issuing the Closing Order, the Co-Investigating Judges shall decide on the admissibility of all remaining Civil Party applications by a separate order. This order shall be open to expedited appeal by the parties or the Civil Party applicants as provided in Rule 77bis. Such appeals shall not stay the proceedings. All Civil Parties admitted by the Co-Investigating Judges or by the Pre-Trial Chamber upon the expedited appeal described in this Rule shall form a single, consolidated groupat the trial stage and beyond, pursuant to IR 23(5). Where,<br>after the Trial Chamber is seised with the case, the Pre-Trial Chamber declares the application of an individual Civil Party inadmissible,<br>that individual shall no longer be part of the single, consolidated group.</p><p>4. All Civil Party applications must contain sufficient information to allow verification of their compliance with these IRs. In particular, the application must provide details of the status as aVictim, specify the alleged crime and attach any evidence of theinjury suffered, or tending to show the guilt of the alleged perpetrator. With a view to service and notifications, the domicile ofthe Victim, the registered office of the Victims’ Association of which he or she is a member, or theaddress of the lawyer, as appropriate, must also<br>be stated. Where this address is outside of Cambodia, an address in Cambodia shall be provided.</p><p>5. At any time during the pre-trial stage, a Civil Party may expressly waive the right to request reparation, and abandon a Civil Party action. The waiver of the right or abandonment of the action shall not stop or suspend the criminal prosecution. At any time during the trial stage and beyond, a Civil Party may withdraw from the consolidated group.</p><p>6. Civil Party proceedings before the ECCC against a Charged Person or an Accused shall end on the death of that person.<br><br></p>