Internal Rule 72

<p><strong>Rule 72</strong></p><p><em>Settlement of Disagreements between the Co-Investigating Judges</em></p><p>1. In the event of disagreement between the Co-In vestigating Judges, either or both of them may record the exact nature of their disagreement in a signed, dated document which shall be placed in a register of disagreements kept by the Greffier of the Co-Investigating Judges. <br><br>2. Within 30 (thirty) days, either Co-Investigating Judge may bring the disagreement before the Chamber by submitting a written statement of the facts and reasons for the disagreement to the Office of Administration, which shall immediately convene the Chamber and communicate the statements to its judges, with a copy to the ot her Co-Investigating Judge . If the disagreement relates to the Provisional Detention of a Charged Person, this period shall be reduc ed to 5 (five) days. The other Co-Investigating Judge may submit a response within 10 (ten) days. The written statement of the facts and reasons for the disagreement shall not be placed on the case file, except in cases referred to in sub-rule 4(b) below. The Greffier of the Co-In vestigating Judges shall forward a copy of the case file to the Chamber immediately. <br><br>3. Throughout this dispute settlement period, the Co -Investigating Judges shall continue to seek consensus. However the action or decision which is the subject of the disagreement shall be executed, except for disagreements concerning: <br>a) any decision that would be open to appeal by the Charged Person or a Civil Party under these IRs; <br><br>b) notification of charges; or <br><br>c) an Arrest and Detention Order, in which case, no action shall be taken with respect to the subject of the disagreement until either consensus is achieved, the 30 (thirty) day period has ended, or the Chamber has been seised and the dispute settlement procedure has been completed, as appropriate. <br><br>4. The Chamber shall settle the disagreement forthwith, as follows: <br><br>a) The hearing shall be held and the judgment handed down in camera. <br><br>b) Where the disagreement relates to a decision against which a party to the proceedings would have the right to appeal to the Chamber under these IRs: <br>&nbsp;&nbsp; i) The Greffier of the Chamber shall immediat ely inform the parties in question and their lawyers of the date of the hearing; <br>&nbsp;&nbsp; ii) The Co-Prosecutors and the lawyers for the other parties involved may consult the case file up until the date of the hearing;<br>&nbsp;&nbsp; iii) The Co-Prosecutors and the lawyers for the other parties involved may file pleadings as provided in the Practice Direction on filing of documents. Such pleadings shall immediately be placed on the case file by the Greffier of the Chamber; <br>&nbsp;&nbsp; iv) The Chamber may, on the motion of any judge or party, decide that all or part of a hearing be held in public, in particular where the case may be brought to an end by its decision, including appeals or requests concerning jurisdiction or bars to jurisdiction, if the Cham ber considers that it is in the interests of justice and it does not affect public order or any protective measures authorized by the court; <br>&nbsp;&nbsp; v) During the hearing, the Co-Prosecutors and the lawyers of the other parties involved may present brief observations. <br><br>c) In all cases, the Chamber may, at its discre tion, order the personal appearance of any parties or experts, as well as the production of any exhibits. <br><br>d) A decision of the Chamber shall require the affirmative vote of at least four judges. This decision is not subject to appeal. If the required majority is not achieved before the Chamber, in accordance with Article 23 new of the ECCC Law, the default decision shall be that the order or investigative act done by one Co-Investiga ting Judge shall stand, or that the order or investigative act proposed to be done by one Co-Investigating Judge shall be executed . However, where the disagreement concerns provisional detention, there shall be a presumption of freedom. <br><br>e) All decisions under this Rule, including any dissenting opin ions, shall be reasoned and signed by their authors. The Greffier of the Chamber shall forward such decisions to the Director of the Office of Administration, who shall notify the Co-Investigating Judges. In addition, decisions concerning matters referred to in sub-rule 4(b) shall be notified to the parties . The Co-Investigating Judges shall place the decision of the Chamber on the case file and immediately proceed in accordance with such decision.</p>