Internal Rule 34

<p><em>(Amended on 23 February 2011)</em></p><p>1. A judge may recuse him/herself in any case in which he or she has, or has had, a personal or financial interest, or concerning which the Judge has, or has had, an association which objectively might affect his or her impartiality, or objectively give rise to the appearance of bias. A Co- Investigating Judge who recuses him or herself shall notify the President of the Pre-Trial Chamber. In any other case the judge in question shall notify the Chamber in which he or she is sitting. The Judge in question shall immediately cease to participate in the judicial proceedings.</p><p>2. Any party may file an application for disqualification of a judge in any case in which the Judge has a personal or financial interest or concerning which the Judge has, or has had, any association which objectively might affect his or her impartiality, or objectively give rise to the appearance of bias.</p><p>3. A party who files an application for disqualification of a judge shall clearly indicate the grounds and shall provide supporting evidence. The application shall be filed as soon as the party becomes aware of the grounds in question.</p><p>4.To be admissible an application must be submitted:</p><p>a) against a Co-Investigating Judge, before the Closing Order;</p><p>b) against a Pre-Trial Chamber Judge, before its final decision in a particular case;</p><p>c) against a Trial Chamber Judge, concerning matters arising before the trial, at the latest at the initial hearing; or concerning matters arising during trial or of which the parties were unaware before the trial, before the final judgment in the case; or</p><p>d) against a Supreme Court Chamber Judge, concerning matters arising before the appeal, at the beginning of the appellate proceedings; or concerning matters arising during the appellate proceedings or of which the parties were unaware before the start of the appeal, before the final decision on the appeal.</p><p>5. An application for disqualification of a Co-Investigating judge shall be submitted to the Pre- Trial Chamber. In any other case it shall be submitted to the Chamber in which the judge in question is sitting. The Judge in question may continue to participate in the judicial proceedings pending a decision. However, he or she may decide to step down voluntarily at any point in the following proceedings.</p><p>6. A sitting Judge shall be replaced in the Chamber by a reserve judge for the purposes of the application only. If, due to multiple disqualification applications, it is impossible to convene a Chamber to hear the applications, the Judicial Administration Committee shall choose additional judges from amongst the ECCC judges.</p><p>7. The Judge shall be entitled to present written submissions to the Chamber within 10 (ten) days of his or her receipt of the application, through its President. The application for disqualification of the Judge, along with the submissions by the Judge, shall be considered by the Chamber Judges, who shall vote on the matter, and hand down a written decision in the absence of the judge in question and the applicant.</p><p>8. Such applications may be heard by remote means where necessary. The order of the Chamber shall be notified to the parties and the judge in question by the Greffier of the Chamber, and shall be not open to appeal.</p><p>9. Any act done before the determination of an application for disqualification shall be deemed to be valid.</p><p>10. If the Chamber decides to disqualify a Judge, a reserve Judge shall be appointed to sit in his or her place. Where, due to multiple disqualifications, there are insufficient reserve judges to convene a Chamber, new judges may be appointed as provided in Articles 10 new and 11 new of the ECCC Law and Article 3 of the Agreement. Where an application is rejected, no further application shall be admissible on the same grounds unless such ground reoccurs after the first decision was made.</p><p>11. If the required majority is not achieved by the Chamber, the default decision shall be that the application is rejected.</p>