Internal Rule 21(1)(d)

<div><b>Rule 21. Fundamental Principles</b></div><div><br></div><div>1. The applicable ECCC Law, Internal Rules, Practice Directions and Administrative Regulations shall be interpreted so as to always safeguard the interests of Suspects, Charged Persons, Accused and Victims and so as to ensure legal certainty and transparency of proceedings, in light of the inherent specificity of the ECCC, as set out in the ECCC Law and the Agreement. In this respect:</div><div>a) ECCC proceedings shall be fair and adversarial and preserve a balance between the rights of the parties. They shall guarantee separation between those authorities responsible for prosecuting and those responsible for adjudication;</div><div>b)<span class="Apple-tab-span" style="white-space:pre"> </span>Persons who find themselves in a similar situation and prosecuted for the same offences shall be treated according to the same rules;</div><div>c) The ECCC shall ensure that victims are kept informed and that their rights are respected throughout the proceedings; and</div><div>d) Every person suspected or prosecuted shall be presumed innocent as long as his/her guilt has not been established. Any such person has the right to be informed of any charges brought against him/her, to be defended by a lawyer of his/her choice, and at every stage of the proceedings shall be informed of his/her right to remain silent.</div><div><br></div><div>2. Any coercive measures to which such a person may be subjected shall be taken by or under the effective control of the competent ECCC judicial authorities. Such measures shall be strictly limited to the needs of the proceedings, proportionate to the gravity of the offence charged and fully respect human dignity.</div><div><br></div><div>3. No form of inducement, physical coercion or threats thereof, whether directed against the interviewee or others, may be used in any interview. If such inducements, coercion or threats are used, the statements recorded shall not be admissible as evidence before the Chambers, and the person responsible shall be appropriately disciplined in accordance with Rules 35 to 38.</div><div><br></div><div>4.<span class="Apple-tab-span" style="white-space:pre"> </span>Proceedings before the ECCC shall be brought to a conclusion within a reasonable time.</div>