The use of experts in the proceedings before the Extraordinary Chambers in the Courts of Cambodia (ECCC) is regulated in the ECCC Internal Rules.
<div><br></div><div><h4>I<b>nternal Rule 31:</b></h4><div><ol><li>Expert opinion may be sought by the Co-Investigating Judges or the Chambers, on any subject deemed necessary to their investigations or proceedings before the ECCC.</li><li>An expert who agrees to be appointed shall take an oath or affirmation in accordance with his or her religion or beliefs to assist the Co-Investigating Judge or the Chambers honestly, confidentially and to the best of his or her ability.</li><li>An expert shall be appointed by order of the Co-Investigating Judges or the Chambers. The order shall set out the exact assignment of the expert and the duration of the assignment. If necessary to perform his or her assignment, the Co-Investigating Judges or the Chambers shall make some or all of the evidence in the case file available to the expert, except when such access would pose a danger to victims or witnesses or be contrary to protective measures ordered under Rule 29. Where such access is granted, the expert shall be allowed to break the seal on the evidence, if any. If the expert needs to alter or damage any evidence in order to fulfil his or her assignment, the expert shall inform the Co-Investigating Judges or the Chambers, and request permission to proceed.</li><li> An expert shall perform his or her assignment under the supervision of the Co-Investigating Judges or the Chambers, as appropriate. The expert shall keep the Co-Investigating Judges or the Chambers informed of the progress of the assignment, in particular of any difficulties that arise.</li><li>If the expert does not abide by any time limits set by the Co-Investigating Judges or the Chambers, they may appoint a new expert to replace him or her, or extend the time limit, as appropriate.</li><li>If necessary for the completion of the assignment, the expert may participate in the interview of a witness, or of the Charged Person, Accused or Civil Party, by the Co-investigating judges or the Chambers. If appropriate, the Co-Investigating-Judges or the Chambers may allow the expert to interview a witness, Charged Person, Accused or Civil Party directly, in the presence of his or her lawyer. Where the expert in question is a medical doctor assigned to examine the Charged Person, Accused or Civil Party, this examination may, however, take place in the absence of his or her lawyer.</li><li>On completion of his or her assignment, the expert shall make a report. This report shall clearly describe the activities and the conclusions of the expert, and shall be dated and signed by him or her. Where the expert has broken the seal on the evidence in order to complete his or her assignment, he or she shall also state this fact in the report.</li><li>The expert shall submit the report and return all evidence that he or she received for the purposes of the assignment to the Co-Investigating Judges or the Chambers. They shall place the report on the case file or the record of proceedings. If the seal on the evidence was broken, the Co- Investigating Judges or the Chambers shall re-seal the evidence and make a note of this on the case file. If the activities of the expert altered or damaged the evidence in any way, the expert shall describe the alteration or damage in the report.</li><li>If the circumstances so require, the Co-Investigating Judges or the Chambers may appoint a reasonable number of experts to complete an assignment. In such cases, if the experts have differing opinions in respect of the assignment, each expert shall write his or her own opinion in a separate report, stating the reasons for their disagreement with the other opinions.</li><li>The Co-Prosecutors, the Charged Person or Accused, the Civil Party, or their lawyers, or the Civil Party Lead Co Lawyers may request the Co-Investigating Judges or the Chambers, as appropriate, to appoint additional experts to conduct new examinations or to re-examine a matter already the subject of an expert report. The request must be in writing and give reasons. The request shall be ruled upon by the Co-Investigating Judges or the Chambers as soon as possible and in any event before the end of the investigation or proceedings. Where the Co-Investigating Judges reject such a request, the ruling may be appealed to the Pre-Trial Chamber.</li><li>The ECCC shall provide monetary compensation to any experts appointed by the Co- Investigating Judges or the Chambers. Such compensation shall be at rates set by the Office of Administration.</li></ol></div></div>