Internal Rule 11

<div><b>Rule 11. The Defence Support Sectio</b>n</div><div><i>(Amended on 17 September 2010)</i></div><div><br></div><div>1. The Office of Administration shall establish a Defence Support Section, which shall only be autonomous with regard to the substantive defence matters set out in this Rule. The Defence Support Section shall be directed by the Head of the Defence Support Section, with a national and an international Deputy, and such other staff as necessary.</div><div><br></div><div>2.&nbsp;The Defence Support Section shall:</div><div>a) After consultations between the Defence Support Section and the BAKC, adopt administrative regulations, in accordance with Rule 4 of these IRs, which shall include:</div><div>i)<span class="Apple-tab-span" style="white-space:pre"> </span>the criteria and procedures for the inclusion of lawyers and other personnel in the lists referred to in paragraphs d) and i) below, in accordance with sub-rule 4;</div><div>ii) theprocedureforassignmentofdefencelawyers;and iii) the criteria for determining indigence and the remuneration of defence lawyers.</div><div><br></div><div>b) Receive, verify and translate applications by foreign lawyers to defend persons before the ECCC, and forward completed applications to the BAKC for registration in accordance with the procedure determined by the BAKC after consultation with the Defence Support Section.</div><div><br></div><div>c)<span class="Apple-tab-span" style="white-space:pre"> </span>Maintain a list of:</div><div>i)<span class="Apple-tab-span" style="white-space:pre"> </span>national lawyers registered by the BAKC; and&nbsp;</div><div>ii) foreign lawyers admitted to the bar in a United Nations Member State who have&nbsp;been registered by the BAKC for the purposes of defending persons before the ECCC, as set out in paragraph (b) above.</div><div><br></div><div>d) After consultations between the Defence Support Section and the BAKC, compile and maintain a sub-list of:</div><div>i) national lawyers registered by the BAKC who meet Defence Support Section criteria, as set out in its administrative regulations, for defending indigent persons before the ECCC; and</div><div>ii) foreign lawyers admitted to the bar in a United Nations Member State who have been registered by the BAKC and who meet Defence Support Section criteria, as set out in its administrative regulations, for defending indigent persons before the ECCC.</div><div><br></div><div>e) Under the supervision of the Co-Prosecutors, Co-Investigating Judges or the Chambers, as appropriate, present the lists of lawyers as provided in sub-rules 2(c) and 2(d) to persons entitled to a defence lawyer under these IRs;</div><div><br></div><div>f) Upon request for supplementary information, provide persons entitled to a defence lawyer under these IRs with information on lawyers as referred to in sub-rules 2(c) and 2(d);</div><div><br></div><div>g) Enter into contracts with defence lawyers for any indigent Suspects, Charged Persons, Accused or other persons entitled to a defence lawyer under these IRs;</div><div><br></div><div>h) Monitor and assess the fulfilment of all contracts referred to in paragraph (g) above, and authorize corresponding remuneration in accordance with Defence Support Section administrative regulations;</div><div><br></div><div>i)<span class="Apple-tab-span" style="white-space:pre"> </span>Provide lawyers with a list of national and foreign personnel eligible to assist defence teams for indigent persons;</div><div><br></div><div>j) Provide basic legal assistance and support including legal research and document research and retrieval for defence lawyers appearing before the ECCC; and</div><div><br></div><div>k)<span class="Apple-tab-span" style="white-space:pre"> </span>Organize training for defence lawyers in consultation and cooperation with the BAKC.</div><div><br></div><div>3. The procedure for registration of foreign lawyers with the BAKC for the purpose of defending persons before the ECCC shall be fair, transparent and expeditious.</div><div><br></div><div>4. The criteria for inclusion in the Defence Support Section list for defending indigent persons before the ECCC, referred to in sub-rule 2(d) above, shall comply with the following principles:</div><div>a)<span class="Apple-tab-span" style="white-space:pre"> </span>The procedure for inclusion in such lists shall be fair, transparent and expeditious;</div><div><br></div><div>b)<span class="Apple-tab-span" style="white-space:pre"> </span>An applicant shall not have been convicted of a serious criminal or disciplinary offence considered by their professional association to be incompatible with acting as a defence lawyer;</div><div><br></div><div>c)<span class="Apple-tab-span" style="white-space:pre"> </span>A foreign applicant shall only be required to:</div><div>i)<span class="Apple-tab-span" style="white-space:pre"> </span>be a current member in good standing of a recognised association of lawyers in a United Nations Member State;</div><div>ii) haveadegreeinlaworanequivalentlegalorprofessionalqualification; iii) have at least 10 (ten) years working experience in criminal proceedings, as a lawyer,&nbsp;judge or prosecutor, or in some other capacity; iv) have established competence in criminal law and procedure at the international or</div><div>national level; and v)<span class="Apple-tab-span" style="white-space:pre"> </span>be fluent in Khmer, French or English.</div><div><br></div><div>d)<span class="Apple-tab-span" style="white-space:pre"> </span>A national applicant shall only be required to:</div><div>i)&nbsp;be a member of the BAKC; and</div><div>ii) have established competence in criminal law and procedure at the national or international level.</div><div><br></div><div>5. Any lawyer or assistant whose request to be placed on the lists of lawyers for indigent persons referred to in sub-rules 2(d) and 2(i) above is refused or has not been examined within 30 (thirty) days of receipt by the Defence Support Section, or who is excluded from the list, may appeal to the Pre-Trial Chamber within 15 (fifteen) days of receiving notification of the decision of the Head of the Defence Support Section or the end of the 30 (thirty) day period, as appropriate. The decision of the Pre-Trial Chamber shall not be subject to appeal. If the required majority is not attained, the default decision of the Pre-Trial Chamber shall be that the decision of the Head of the Defence Support Section shall stand. However, in cases where the application was not examined within the 30 (thirty) day time period, the default decision shall be that inclusion in the list shall be deemed to have been granted.</div><div><br></div><div>6. The Head of the Defence Support Section shall make determinations on indigence and the assignment of lawyers to indigent persons based on the criteria set out in the Defence Support Section administrative regulations, subject to appeal to the Co-Investigating Judges or the Chamber before which the person is appearing at the time, within 15 (fifteen) days of receiving notification of the decision. No further appeal shall be allowed.</div>