Internal Rule 63

<div><b>Rule 63. Provisional Detention</b></div><div>(Amended on 1 February 2008)</div><div><br></div><div>1.&nbsp;a)<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Investigating Judges may order the Provisional Detention of a Charged Person after an adversarial hearing. If the Charged Person does not yet have the assistance of a lawyer, he or she shall be advised of the right to a lawyer as provided by Rule 21(1)(d). The Charged Person has the right to a reasonable period in order to prepare his or her defence. During the hearing, the Co-Investigating Judges shall hear the Co-Prosecutors, the Charged Person and his or her lawyer. At the end of the hearing the Co-Investigating Judges shall decide on Provisional Detention. If Provisional Detention is not ordered, the Charged Person shall be released. If the Co-Investigating Judges decide to order Provisional Detention they shall issue a Detention Order.</div><div><br></div><div>&nbsp;b)<span class="Apple-tab-span" style="white-space:pre"> </span>However, where the Charged Person or his/her lawyer requests a period to prepare his/ her defence, the Co-Investigating Judges shall not order immediate provisional detention. In that case, the Co-Investigating Judges may, by reasoned order, decide to detain the Charged Person for a limited period of time, which shall in no case exceed 7 (seven) days. Within that time period, the Charged Person shall be brought before the Co-Investigating Judges again, who shall proceed as provided above, whether or not the Charged Person has the assistance of a lawyer. Any temporary period of detention ordered under this sub-rule shall be taken into account for the length of provisional detention under sub-rules 6, 7 and 8 of this Rule.</div><div>&nbsp;</div><div>&nbsp;c)<span class="Apple-tab-span" style="white-space:pre"> </span>Where the lawyer of the Charged Person is not available or if he or she is absent at the scheduled date and time, the Co-Investigating Judges shall, where the Charged Person asks for the assistance of a lawyer, request the Defence Support Section to temporarily assign him or her a lawyer, from the lists mentioned at Rule 11.</div><div><br></div><div>2. An order for Provisional Detention shall:</div><div>a)<span class="Apple-tab-span" style="white-space:pre"> </span>set out the legal grounds and factual basis for detention, based on sub-rule 3 below;&nbsp;</div><div>b)<span class="Apple-tab-span" style="white-space:pre"> </span>specify the maximum initial period of provisional detention possible; and&nbsp;</div><div>c)<span class="Apple-tab-span" style="white-space:pre"> </span>when served on the Charged Person, shall be accompanied by a statement of his or he&nbsp;rights.</div><div><span class="Apple-tab-span" style="white-space:pre"><br></span></div><div><span class="Apple-tab-span" style="white-space:pre"><br></span></div><div>3.&nbsp;The Co-Investigating Judges may order the Provisional Detention of the Charged Person only where the following conditions are met:</div><div>a)<span class="Apple-tab-span" style="white-space:pre"> </span>There is well founded reason to believe that the person may have committed the crime or crimes specified in the Introductory or Supplementary Submission; and</div><div>b)<span class="Apple-tab-span" style="white-space:pre"> </span>The Co-Investigating Judges consider Provisional Detention to be a necessary measure to:</div><div>i)<span class="Apple-tab-span" style="white-space:pre"> </span>prevent the Charged Person from exerting pressure on any witnesses or Victims, or prevent any collusion between the Charged Person and accomplices of crimes falling within the jurisdiction of the ECCC;</div><div>ii) preserveevidenceorpreventthedestructionofanyevidence;&nbsp;</div><div>iii) ensure the presence of the Charged Person during the proceedings;&nbsp;</div><div>iv) protect the security of the Charged Person; or&nbsp;</div><div>v)<span class="Apple-tab-span" style="white-space:pre"> </span>preserve public order.</div><div><br></div><div>4. The Charged Person may appeal against an order for Provisional Detention to the Pre-Trial Chamber.</div><div><br></div><div>5. The Greffier of the Co-Investigating Judges shall immediately serve copies of an order for Provisional Detention on the Charged Person and his or her lawyer, and to the Co-Prosecutors and the Office of Administration.</div><div><br></div><div>6.Provisional Detention may be ordered as follows:</div><div>a) for genocide, war crimes and crimes against humanity, for a period not exceeding 1 (one) year. However, the Co-Investigating Judges may extend the Provisional Detention for further 1 (one) year periods; and</div><div>b)<span class="Apple-tab-span" style="white-space:pre"> </span>for all other crimes coming within ECCC jurisdiction, for a period not exceeding 6 (six) months. However, the Co-Investigating Judges may extend the Provisional Detention for further 6 (six) month periods.</div><div><br></div><div>7. Any decision by the Co-Investigating Judges concerning extension of Provisional Detention shall be in writing and shall set out the reasons for such extension. An extension shall be made only after the Co-Investigating Judges notify the Charged Person and his or her lawyer and give them 15 (fifteen) days to submit objections to the Co-Investigating Judges. No more than 2 (two) such extensions may be ordered. All such orders are open to appeal.</div><div><br></div><div>8.&nbsp;In all cases, a Charged Person in Provisional Detention shall be personally brought before the Co-Investigating Judges at least every 4 (four) months. The Co-Investigating Judges shall offer the Suspect an opportunity to discuss his or her treatment and conditions during Provisional Detention. Where any action is required, the Co-Investigating Judges may issue appropriate orders. A written record of the interview shall be placed on the case file.</div>