Law on the Establishment of Extraordinary Chambers in the Courts of
Cambodia for the Prosecution of Crimes Committed during the Period of
Democratic Kampuchea
 
NS/RKM/0801/12
 
Reach Kram
 
We, Preah Bat Samdech Preah Norodom Sihanouk, King of Cambodia,
 
having taken into account the Constitution of the Kingdom of Cambodia;
 
having taken into account Reach Kret No. NS/ RKT/1198/72] dated 30 November
1998 on the Appointment of the Royal Government of Cambodia;
 
having taken into account Reach Kram No. 02/NS/94 dated 20 July1994
promulgating the Law on the Structure and Functioning of the Council of
Ministers;
 
having taken into account Kret No. 06K dated 6 February 1993 promulgating
the Law on the Appointment and Functioning of the Courts of the State of
Cambodia;
 
having taken into account the request by the Prime Minister and the Senior
Minister in Charge of the Council of Ministers,
 
hereby promulgate
 
the Law on the Establishment of the Extraordinary Chambers in the Courts of
Cambodia for the Prosecution of Crimes Committed during the Period of
Democratic Kampuchea, which was adopted by the National Assembly on 2
January 2001 in the 5th Session of the 2nd Legislature, approved
unreservedly by the Senate on 15 January 2001, in the 4th Session of the
1st Legislature, and pronounced by the Constitutional Council in its
Decision No. 040/002/2001 KBTh Ch of 12 February 2001 as being in
accordance with the Constitution, except for any mention of  "?third-degree
criminal penalty" (which is the death sentence) in Articles 209, 500, 506
and 507 of the 1956 Penal Code, referred to in Article 3 of this Law.
 
Article 3 has now been amended to bring it into conformity, as proposed by
the Royal Government of Cambodia in its Letter No. 104 LS dated 22 June
2001, having been adopted by the National Assembly on 11 July 2001, in the
6th Session of the 2nd Legislature, approved by the Senate on 23 July 2001,
in the 5th Session of the 1st Legislature, and pronounced as being fully in
accordance with the Constitution by the Constitutional Council in its
Decision No. 043/005/2001 KBTh Ch  of 7 August 2001.
 
 
The Law is as follows:
 
LAW ON THE ESTABLISHMENT OF EXTRAORDINARY CHAMBERS IN THE COURTS OF
CAMBODIA FOR THE PROSECUTION OF CRIMES COMMITTED DURING THE PERIOD OF
DEMOCRATIC KAMPUCHEA
 
 
CHAPTER I
 
GENERAL PROVISIONS
 
Article 1:
 
The purpose of this law is to bring to trial senior leaders of Democratic
Kampuchea and those who were most responsible for the crimes and serious
violations of Cambodian penal law, international humanitarian law and
custom, and international conventions recognized by Cambodia, that were
committed during the period from 17 April 1975 to 6 January 1979.
 
 
CHAPTER II
 
COMPETENCE
 
Article 2
 
Extraordinary Chambers shall be established in the existing court
structure, namely the trial court, the appeals court and the supreme court
to bring to trial senior leaders of Democratic Kampuchea and those who were
most responsible for the crimes and serious violations of Cambodian laws
related to crimes, international humanitarian law and custom, and
international conventions recognized by Cambodia, that were committed
during the period from 17 April 1975 to 6 January 1979 by Senior leaders of
Democratic Kampuchea and those who were most responsible for the above acts
are hereinafter designated as "Suspects".
 
 Article 3
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects who committed any of these crimes set forth in the 1956 Penal Code
of Cambodia, and which were committed during the period from 17 April 1975
to 6 January 1979:
 
-- Homicide (Article 501, 503, 504, 505, 506, 507 and 508)
-- Torture (Article 500)
-- Religious Persecution (Articles 209 and 210)
 
The statute of limitations set forth in the 1956 Penal Code shall be
extended for an additional 20 years for the crimes enumerated above, which
are within the jurisdiction of the Extraordinary Chambers.
 
The penalty under Articles 209, 500, 506 and 507 of the 1956 Penal Code
shall be limited to a maximum of life imprisonment, in accordance with
Article 32 of the Constitution of the Kingdom of Cambodia, and as further
stipulated in Articles 38 and 39 of this Law.
 
Article 4
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects who committed the crimes of genocide as defined in the Convention
on the Prevention and Punishment of the Crime of Genocide of 1948, and
which were committed during the period from 17 April 1975 to 6 January
1979.
 
The acts of genocide, which have no statute of limitations, mean any acts
committed with the intent to destroy, in whole or in part, a national,
ethnical, racial or religious group as such:
 
-- killing members of the group;
-- causing serious bodily or mental harm to members of the group;
-- deliberately inflicting on the group conditions of life calculated to
bring about its physical destruction in whole or in part;
-- imposing measures intended to prevent births within the group;
-- forcibly transferring children from one group to another group.
 
The following acts shall be punishable under this Article:
 
-- attempts to commit acts of genocide;
-- conspiracy to commit acts of genocide;
-- participation in acts of acts of genocide.
 
Article 5
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects who committed crimes against humanity during the period 17 April
1975 to 6 January 1979.
 
Crimes against humanity, which have no statute of limitations, are any acts
committed as part of a widespread or systematic attack directed against any
civilian population, on national, political, ethnical, racial or religious
grounds, such as:
 
-- murder;
-- extermination;
-- enslavement;
-- deportation;
-- imprisonment;
-- torture;
-- rape;
-- persecutions on political, racial, and religious grounds;
-- other inhuman acts.
 
Article 6
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects who committed or ordered the commission of grave breaches of the
Geneva Convention of 12 August  1949, such as the following acts against
persons or property protected under provisions of this Convention, and
which were committed during the period 17 April 1975 to 6 January 1979:
 
-- wilful killing;
-- torture or inhumane treatment;
-- wilfully causing great suffering or serious injury to body or health;
-- destruction and serious damage to property, not justified by military
necessity and carried out unlawfully and wantonly;
-- compelling a prisoner of war or a civilian to serve in the forces of a
hostile power;
-- wilfully depriving a prisoner of war or civilian the rights of fair and
regular trial;
-- unlawful deportation or transfer or unlawful confinement of a civilian;
-- taking civilians as hostages.
 
Article 7
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects most responsible for the destruction of cultural property during
armed conflict pursuant to the 1954 Hague Convention for Protection of
Cultural Property in the Event of Armed Conflict, and which were committed
during the period from 17 April 1975 to 6 January 1979.
 
Article 8
 
The Extraordinary Chambers shall have the power to bring to trial all
Suspects most responsible for crimes against internationally protected
persons pursuant to the Vienna Convention of 1961 on Diplomatic Relations,
and which were committed during the period from 17 April 1975 to 6 January
1979.
 
 
CHAPTER III
 
COMPOSITION OF THE EXTRAORDINARY CHAMBERS
 
Article  9
 
The trial court shall be an Extraordinary Chamber composed of five
professional judges, of whom three are Cambodian judges with one as
president, and two foreign judges; and before which the Co-Prosecutors
shall present their cases. The president shall appoint one or more clerks
of the court to participate.
 
The appeals court shall be an Extraordinary Chamber composed of seven
judges, of whom four are Cambodian judges, with one as president, and three
foreign judges; and before which the Co-Prosecutors shall present their
cases. The president shall appoint one or more clerks of the court to
participate.
 
The Supreme Court shall be an Extraordinary Chamber composed of nine
judges, of whom five are Cambodian judges with one as president, and four
foreign judges; and before which the Co-Prosecutors shall present their
cases. The president shall appoint one or more clerks of the court to
participate.
 
 
CHAPTER  IV
 
APPOINTMENT OF JUDGES
 
Article 10
 
The judges of the Extraordinary Chambers shall be appointed from among the
currently practising judges or from judges who are additionally appointed
in accordance with the existing procedures for appointment of judges; all
of whom shall have high moral character, a spirit of impartiality and
integrity, and experience, particularly in criminal law or international
law.
 
Judges shall be independent in the performance of their functions, and
shall not accept or seek any instructions from any government or any other
source.
 
Article  11
 
The Supreme Council of the Magistracy shall appoint at least twelve
Cambodian judges to act as judges of the Extraordinary Chambers, and shall
appoint reserve judges as needed, and shall also appoint the President of
each of the Extraordinary Chambers from the above Cambodian judges so
appointed, in accordance with the existing procedures for appointment of
judges.
 
The reserve Cambodian judges shall replace the appointed Cambodian judges
in case of their absence. These reserve judges may continue to perform
their regular duties in their respective courts.
 
The Supreme Council of the Magistracy shall appoint at least nine
individuals of foreign nationality to act as foreign judges of the
Extraordinary Chambers upon nomination by the Secretary-General of the
United Nations.
 
The Secretary-General of the United Nations shall submit a list of not less
than twelve candidates for foreign judges to the Royal Government of
Cambodia, from which the Supreme Council of the Magistracy shall appoint
nine sitting judges and at least three reserve judges. In addition to the
foreign judges sitting in the Extraordinary Chambers and present at every
stage of the proceedings, the President of each Chamber may, on a
case-by-case basis, designate one or more reserve judges already appointed
by the Supreme Council of the Magistracy to be present at each stage of the
trial, and to replace a foreign judge if that judge is unable to continue
sitting.
 
Article 12
 
All judges under this law shall enjoy equal status and conditions of
service according to each level of the Extraordinary Chambers.
 
Each judge under this law shall be appointed for the period of these
proceedings.
 
Article 13
 
Judges shall be assisted by Cambodian and international staff as needed in
their offices.
 
In choosing staff to serve as assistants and law clerks, the Director of
the Office of Administration shall interview if necessary and, with the
approval of the Cambodian judges by majority vote, hire staff who shall be
appointed by the Royal Government of Cambodia. The Deputy Director of the
Office of Administration shall be responsible for the recruitment and
administration of all international staff.  The number of assistants and
law clerks shall be chosen in proportion to the Cambodian judges and
foreign judges.
 
Cambodian staff shall be selected from Cambodian civil servants or other
qualified nationals of Cambodia, if necessary.
 
 
CHAPTER V
 
DECISIONS OF THE EXTRAORDINARY CHAMBERS
 
Article 14
 
1. The judges shall attempt to achieve unanimity in their decisions. If
this is not possible, the following shall apply:
 
 a) a decision by the Extraordinary Chamber of  the trial court shall
require the affirmative vote of at least four judges.
 
 b) a decision by the Extraordinary Chamber of the appeals court shall
require the affirmative vote of at least five judges.
 
  c) a decision by the Extraordinary Chamber of the Supreme Court shall
require the affirmative vote of at least six judges.
 
2. When there is no unanimity, the decision of the Extraordinary Chambers
shall contain the opinions of the majority and the minority.
 
Article 15
 
The Presidents shall convene the appointed judges at the appropriate time
to proceed with the work of the Extraordinary Chambers.
 
 
CHAPTER VI
 
CO-PROSECUTORS
 
Article 16
 
All indictments in the Extraordinary Chambers shall be the responsibility
of two prosecutors, one Cambodian and another foreign, hereinafter referred
to as Co-Prosecutors, who shall work together to prepare indictments
against the Suspects in the Extraordinary Chambers.
 
Article 17
 
The Co-Prosecutors in the trial court shall have the right to appeal the
verdict of the Extraordinary Chamber of the trial court.
 
The Co-Prosecutors in the appeals court shall have the right to appeal the
decision of the Extraordinary Chamber of the appeals court.
 
Article 18
 
The Supreme Council of the Magistracy shall appoint Cambodian prosecutors
and Cambodian reserve prosecutors as necessary from among the Cambodian
professional judges.
 
The reserve prosecutors shall replace the appointed prosecutors in case of
their absence. These reserve prosecutors may continue to perform their
regular duties in their respective courts.
 
One foreign prosecutor with the competence to appear in all three
Extraordinary Chambers shall be appointed by the Supreme Council of the
Magistracy upon nomination by the Secretary-General of the United Nations.
 
The Secretary-General of the United Nations shall submit a list of at least
two candidates for foreign Co-Prosecutor to the Royal Government of
Cambodia, from which the Supreme Council of the Magistracy shall appoint
one prosecutor and one reserve prosecutor.
 
Article 19
 
The Co-Prosecutors shall be appointed from among those individuals who are
appointed in accordance with the existing procedures for selection of
prosecutors who have high moral character and integrity and who are
experienced in the conduct of investigations and prosecutions of criminal
cases.
 
The Co-Prosecutors  shall be independent in the performance of their
functions and shall not accept or seek instructions from any government or
any other source.
 
Article 20
 
The Co-Prosecutors shall prosecute in accordance with existing procedures
in force. If necessary, and if there are lacunae in these existing
procedures, the Co-Prosecutors may seek guidance in procedural rules
established at the international level.
 
In the event of disagreement between the Co-Prosecutors the following shall
apply:
 
The prosecution shall proceed unless the Co-Prosecutors or one of them
requests within thirty days that the difference shall be settled in
accordance with the following provisions;
 
The Co-Prosecutors shall submit written statements of facts and the reasons
for their different positions to the Director of the Office of
Administration.
 
The difference shall be settled forthwith by a Pre-Trial Chamber of five
judges, three Cambodian judges appointed by the Supreme Council of the
Magistracy, one of whom shall be President, and two foreign judges
appointed by the Supreme Council of the Magistracy upon nomination by the
Secretary-General of the United Nations. The appointment of the above
judges shall follow the provisions of Article 10 of this Law.
 
Upon receipt of the statements referred to in the third paragraph, the
Director of the Office of Administration shall immediately convene the
Pre-Trial Chamber and communicate the statements to its members.
 
A decision of the Pre-Trial Chamber, against which there is no appeal,
requires the affirmative vote of at least four judges. The decision shall
be communicated to the Director of the Office of Administration, who shall
publish it and communicate it to the Co-Prosecutors. They shall immediately
proceed in accordance with the decision of the Chamber. If there is no
majority as required for a decision, the prosecution shall proceed.
 
In carrying out the prosecution, the Co-Prosecutors may seek the assistance
of the Royal Government of Cambodia if such assistance would be useful to
the prosecution, and such assistance shall be provided.
 
Article 21
 
The Co-Prosecutors under this law shall enjoy equal status and conditions
of service according to each level of the Extraordinary Chambers.
 
Each Co-Prosecutor shall be appointed for the period of these proceedings.
 
In the event of the absence of the foreign Co-Prosecutor, he or she shall
be replaced by the reserve Prosecutor.
 
Article 22
 
Each Co-Prosecutor shall have the right to choose one or more deputy
prosecutors to assist him or her with prosecution before the chambers.
Deputy foreign prosecutors shall be appointed by the Supreme Council of the
Magistracy from a list provided by the Secretary-General.
 
The Co-prosecutors shall be assisted by Cambodian and international staff
as needed in their offices. In choosing staff to serve as assistants, the
Director of the Office of Administration shall interview, if necessary, and
with the approval of the Cambodian Co-Prosecutor, hire staff who shall be
appointed by the Royal Government of Cambodia. The Deputy Director of the
Office of Administration shall be responsible for the recruitment and
administration of all foreign staff. The number of assistants shall be
chosen in proportion to the Cambodian prosecutors and foreign prosecutors.
 
Cambodian staff shall be selected from Cambodian civil servants and, if
necessary, other qualified nationals of Cambodia.
 
 
CHAPTER VII
 
INVESTIGATIONS
 
Article 23
 
All investigations shall be the joint responsibility of two investigating
judges, one Cambodian and another foreign, hereinafter referred to as
Co-Investigating Judges, and shall follow existing procedures in force. If
necessary, and if there are lacunae in these existing procedures, the
Co-Investigating Judges may seek guidance in procedural rules established
at the international level.
 
In the event of disagreement between the Co-Investigating Judges the
following shall apply:
 
The investigation shall proceed unless the Co-Investigating Judges or one
of them requests within thirty days that the difference shall be settled in
accordance with the following provisions.
 
The Co-Investigating Judges shall submit written statements of facts and
the reasons for their different positions to the Director of the Office of
Administration.
 
The difference shall be settled forthwith by the Pre-Trial Chamber referred
to in Article 20.
 
Upon receipt of the statements referred to in the third paragraph, the
Director of the Office of Administration shall immediately convene the
Pre-Trial Chamber and communicate the statements to its members.
 
A decision of the Pre-Trial Chamber, against which there is no appeal,
requires the affirmative vote of at least four judges. The decision shall
be communicated to the Director of the Office of Administration, who shall
publish it and communicate it to the Co-Investigating Judges. They shall
immediately proceed in accordance with the decision of the Pre-Trial
Chamber. If there is no majority as required for a decision, the
investigation shall proceed.
 
The Co-Investigating Judges shall conduct investigations on the basis of
information obtained from any institution, including the Government, United
Nations organs, or non-governmental organisations.
 
The Co-Investigating Judges shall have the power to question suspects and
victims, to hear witnesses, and to collect evidence, in accordance with
existing procedures in force. In the event the Co-Investigating Judges
consider it necessary to do so, they may issue an order requesting the
Co-Prosecutors also to interrogate the witnesses.
 
In carrying out the investigations, the Co-Investigating Judges may seek
the assistance of the Royal Government of Cambodia, if such assistance
would be useful to the investigation, and such assistance shall be
provided.
 
Article 24
 
During the investigation, Suspects shall be unconditionally entitled to
assistance of counsel free of charge if they cannot afford it, as well as
the right to interpretation, as necessary, into and from a language they
speak and understand.
 
Article 25
 
The Co-Investigating Judges shall be appointed from among the currently
practising judges or from judges who are additionally appointed in
accordance with the existing procedures for appointment of judges; all of
whom shall have high moral character, a spirit of impartiality and
integrity, and experience. They shall be independent in the performance of
their functions and shall not accept or seek instructions from any
government or any other source.
 
Article 26
 
The Cambodian Co-Investigating Judge and the reserve Investigating Judges
shall be appointed by the Supreme Council of the Magistracy from among the
Cambodian professional judges.
 
The reserve Investigating Judges shall replace the appointed Investigating
Judges in case of their absence. The reserve Investigating Judges may
continue to perform their regular duties in their respective courts.
 
The Supreme Council of the Magistracy shall appoint the foreign
Co-Investigating Judge for the period of the investigation, upon nomination
by the Secretary-General of the United Nations.
 
The Secretary-General of the United Nations shall submit a list of at least
two candidates for foreign Co-Investigating Judge to the Royal Government
of Cambodia, from which the Supreme Council of the Magistracy shall appoint
one Investigating Judge and one reserve Investigating Judge.
 
Article 27
 
All Investigating Judges under this law shall enjoy equal status and
conditions of service.
 
Each Investigating Judge shall be appointed for the period of the
investigation.
 
In the event of the absence of the foreign Co-Investigating Judge, he or
she shall be replaced by the reserve Investigating Judge.
 
Article 28
 
The Co-Investigating Judges shall be assisted by Cambodian and
international staff as needed in their offices.
 
In choosing staff to serve as assistants, the Co-Investigating Judges shall
comply with the spirit of the provisions set forth in Article 13 of this
law.
 
 
CHAPTER VIII
 
INDIVIDUAL RESPONSIBILITY
 
Article 29
 
Any Suspect who planned, instigated, ordered, aided and abetted, or
committed the crimes referred to in article 3, 4, 5, 6, 7 and 8 of this law
shall be individually responsible for the crime.
 
The position or rank of any Suspect shall not relieve such person of
criminal responsibility or mitigate punishment.
 
The fact that any of the acts referred to in Articles 3, 4, 5, 6, 7 and 8
of this law were committed by a subordinate does not relieve the superior
of personal criminal responsibility if the superior had effective command
and control or authority and control over the subordinate, and the superior
knew or had reason to know that the subordinate was about to commit such
acts or had done so and the superior failed to take the necessary and
reasonable measures to prevent such acts or to punish the perpetrators.
 
The fact that a Suspect acted pursuant to an order of the Government of
Democratic Kampuchea or of a superior shall not relieve the Suspect of
individual criminal responsibility.
 
 
CHAPTER IX
 
OFFICE OF ADMINISTRATION
 
Article 30
 
The staff of the judges, the investigating judges and prosecutors of the
Extraordinary Chambers shall be supervised by an Office of Administration.
 
This Office shall have a Cambodian Director, a foreign Deputy Director and
such other staff as necessary.
 
Article 31
 
The Director of the Office of Administration shall be appointed by the
Royal Government of Cambodia for a two-year term and shall be eligible for
reappointment.
 
The Director of the Office of Administration shall be responsible for the
overall management of the Office of Administration.
 
The Director of the Office of Administration shall be appointed from those
with significant experience in court administration and fluency in one of
the foreign languages used in the Extraordinary Chambers, and shall be a
person of high moral character and integrity.
 
The foreign Deputy Director shall be appointed by the Secretary-General of
the United Nations and assigned by the Royal Government of Cambodia, and
shall be responsible for the recruitment and administration of all foreign
staff, as required by the foreign components of the Extraordinary Chambers,
the Co-Investigating Judges, the Co-Prosecutors' Office, and the Office of
Administration. The Deputy Director shall administer the resources provided
through the United Nations Trust Fund.
 
The Office of Administration shall be assisted by Cambodian and
international staff as necessary. All Cambodian staff of the Office of
Administration shall be appointed by the Royal Government of Cambodia at
the request of the Director. Foreign staff shall be appointed by the Deputy
Director.
 
Cambodian staff shall be selected from Cambodian civil servants and, if
necessary, other qualified nationals of Cambodia.
 
Article 32
 
All staff assigned to the judges, Co-Investigating Judges, Co-Prosecutors,
and Office of Administration shall enjoy the same working conditions
according to each level of the Extraordinary Chambers.
 
 
CHAPTER X
 
TRIAL PROCEEDINGS OF THE EXTRAORDINARY CHAMBERS
 
Article 33
 
The Extraordinary Chambers of the trial court shall ensure that trials are
fair and expeditious and are conducted in accordance with existing
procedures in force, with full respect for the rights of the accused and
for the protection of victims and witnesses. If necessary, and if there are
lacunae in these existing procedures, guidance may be sought  in procedural
rules established at the international level.
 
Suspects who have been indicted and arrested shall be brought to the trial
court according to existing procedures in force. The Royal Government of
Cambodia shall guarantee the security of the Suspects who appear
voluntarily before the court, and is  responsible for taking measures for
the arrest of the Suspects prosecuted under this law. Justice police shall
be assisted by other law enforcement elements of the Royal Government of
Cambodia, including the armed forces, in order to ensure that accused
persons are brought into custody immediately.
 
Conditions for the arrest and the custody of the accused shall conform to
existing law in force.
 
The Court shall provide for the protection of victims and witnesses. Such
protection measures shall include, but not be limited to, the conduct of in
camera proceedings and the protection of the victim's identity.
 
Article 34
 
Trials shall be public unless in exceptional circumstances the
Extraordinary Chambers decide to close the proceedings for good cause in
accordance with existing procedures in force.
 
Article 35
 
The accused shall be presumed innocent as long as the court has not given
its definitive judgement.
 
In determining charges against the accused, the accused shall be equally
entitled to the following minimum guarantees:
 
a) to be informed promptly and in detail in a language that they understand
of the nature and cause of the charge against them;
 
b) to have adequate time to be prepared and contact their counsel;
 
c) to be tried without delay;
 
d) to defend themselves or with the assistance of their counsel;
 
e) to examine evidence against them and obtain the presentation and
examination of evidence on their behalf under the same conditions as
evidence against them;
 
f) to have the free assistance of an interpreter if the accused cannot
understand or does not speak the language used in the court;
 
g) not to be compelled to testify against themselves or to confess guilt.
 
Article 36
 
The Extraordinary Chamber of the appeals court shall decide the appeals
from the accused persons, the victims, or by the Co-Prosecutors on the
following grounds:
 
-- an error of fact
-- an error of law
 
The Extraordinary Chamber of the appeals court shall review the decision of
the Extraordinary Chamber of the trial court and may affirm, reverse or
modify the decision. In this case, the Extraordinary Chamber of the appeals
court may apply existing procedures in force. If necessary, and if there
are lacunae in these existing procedures, guidance may be sought in
procedural rules established at the international level.
 
Article 37
 
The Extraordinary Chamber of the Supreme Court shall decide appeals made by
the accused, the victims, or the Co-Prosecutors against the decision of the
Extraordinary Chamber of the appeals court. In this case, the Supreme Court
shall make final decisions on both issues of law and fact, and shall not
return the case to the Extraordinary Chamber of the appeals court.
 
 
CHAPTER XI
 
PENALTIES
 
Article 38
 
All penalties shall be limited to imprisonment.
 
Article 39
 
Those who have committed any crime as provided in Articles 3, 4, 5, 6, 7
and 8 shall be sentenced to a prison term from five years to life
imprisonment.
 
In addition to imprisonment, the Extraordinary Chamber of the trial court
may order the confiscation of personal property, money, and real property
acquired unlawfully or by criminal conduct.
 
The confiscated property shall be returned to the State.
 
 
CHAPTER XII
 
AMNESTY AND PARDONS
 
Article 40
 
The Royal Government of Cambodia shall not request an amnesty or pardon for
any persons who may be investigated for or convicted of crimes referred to
in Articles 3, 4, 5, 6, 7 and 8 of this law.
 
 
CHAPTER XIII
 
STATUS, RIGHTS, PRIVILEGES AND IMMUNITIES
 
Article 41
 
The foreign judges, the foreign Co-Investigating Judge, the foreign
Co-Prosecutor and the Deputy Director of the Office of Administration,
together with their families forming part of their household, shall enjoy
all of the privileges and immunities, exemptions and facilities accorded to
diplomatic agents in accordance with the 1961 Vienna Convention on
Diplomatic Relations. Such officials shall enjoy exemption from taxation in
Cambodia on their salaries, emoluments and allowances.
 
Article 42
 
1.        Cambodian personnel shall be accorded immunity from legal process
in respect of words spoken or written and all acts performed by them in
their official capacity.
 
2.         Foreign personnel shall be accorded in addition:
 
a.        immunity from legal process in respect of words spoken or written
and all acts performed by them in their official capacity;
 
b.       immunity from taxation on salaries, allowances and emoluments paid
to them by contributing States of the United Nations Trust Fund;
 
c.        immunity from immigration restriction;
 
d.       the right to import free of duties and taxes, except for payment
for services, their furniture and effects at the time of first taking up
their official duties in Cambodia.
 
The counsel of a suspect or an accused who has been admitted as such by the
Extraordinary Chambers shall not be subjected by the Government to any
measure that may affect the free and independent exercise of his or her
functions under the Law on the Establishment of the Extraordinary Chambers.
 
In particular, the counsel shall be accorded:
 
immunity from personal arrest or detention and from seizure of personal
baggage relating to his or her functions in the proceedings;
 
inviolability of all documents relating to the exercise of his or her
functions as a counsel of a suspect or accused;
 
immunity from criminal or civil jurisdiction in respect of words spoken or
written and acts performed in his or her capacity as counsel.
 
The archives of the court, and in general all documents and materials made
available, belonging to, or used by it, wherever located in the Kingdom of
Cambodia and by whomsoever held, shall be inviolable for the duration of
the proceedings.
 
 
CHAPTER XIV
 
LOCATION OF THE Extraordinary Chambers
 
Article 43
 
The Extraordinary Chambers established in the trial court, the appeals
court and the Supreme Court shall be located in Phnom Penh.
 
 
CHAPTER XV
 
EXPENSES
 
Article 44
 
The expenses and salaries of the Extraordinary Chambers shall be as
follows:
 
The expenses and salaries of the Cambodian administrative officials and
staff, the Cambodian judges and reserve judges, investigating judges and
reserve investigating judges, and prosecutors and reserve prosecutors shall
be borne by the Cambodian national budget;
 
The expenses of the foreign administrative officials and staff, the foreign
judges, Co-investigating judge and Co-prosecutor sent by the
Secretary-General of the United Nations shall be borne by the United
Nations Trust Fund;
 
The salaries of the foreign administrative officials and staff, the foreign
judges, Co-Investigating Judge and Co-Prosecutor shall be borne by the
countries that contribute them at the request of the Secretary-General of
the United Nations;
 
The defence counsel may receive fees for mounting the defence;
 
The Extraordinary Chambers may receive additional assistance for their
expenses from other voluntary funds contributed by foreign governments,
international institutions, non-governmental organisations, and other
persons wishing to assist the proceedings.
 
 
CHAPTER XVI
 
WORKING LANGUAGE
 
Article 45
 
The official working language of the Extraordinary Chambers shall be Khmer,
with translations into English, French and Russian.
 
 
CHAPTER XVII
 
ABSENCE OF FOREIGN JUDGES, INVESTIGATING JUDGES OR PROSECUTORS
 
Article 46
 
In order to ensure timely and smooth implementation of this law, in the
event any foreign judges or foreign investigating judges or foreign
prosecutors fail or refuse to participate in the Extraordinary Chambers,
the Supreme Council of the Magistracy shall appoint other judges or
investigating judges or prosecutors to fill any vacancies from the lists of
foreign candidates provided for in Article 11, Article 18, and Article 26.
In the event those lists are exhausted, any such vacancies shall be filled
by the Supreme Council of the Magistracy from candidates recommended by the
Governments of Member States of the United Nations or from among other
foreign legal personalities.
 
If, following such procedures, there are still no foreign judges or foreign
investigating judges or foreign prosecutors participating in the work of
the Extraordinary Chambers and no foreign candidates have been identified
to occupy the vacant positions, then the Supreme Council of the Magistracy
may choose replacement Cambodian judges, investigating judges or
prosecutors.
 
 
 
CHAPTER XVIII
 
EXISTENCE OF THE COURT
 
Article 47
 
The Extraordinary Chambers in the courts of Cambodia shall automatically
dissolve following the definitive conclusion of these proceedings.
 
 
FINAL PROVISION
 
Article 48
 
This law shall be proclaimed as urgent.
 
 
 
Phnom Penh Municipality, 10 August 2001.
 
(signed)
Norodom Sihanouk
 
 
Submitted for Royal Assent by the Prime Minister
(signed)
Hun Sen
 
 
Submitted to the Prime Minister by the Senior Minister in Charge of the
Council of Ministers
(signed)
Sok An
 
 
No. 174 Ch.L
 
For publication
 
Phnom Penh Municipality, 10 August 2001
 
Under Secretary-General for the Government
 
(signed and stamped)
 
Sin Serei
 
 
[Translation by the Council of Jurists, 6 Sept 2001][End]