The Right to an Effective Defence During ECCC Investigations

Open Access
Authors
Publication date 07-2020
Journal Journal of International Criminal Justice
Volume | Issue number 18 | 3
Pages (from-to) 641-664
Organisations
  • Faculty of Law (FdR)
  • Faculty of Law (FdR) - Amsterdam Center for International Law (ACIL)
Abstract The present article seeks to explore and discuss to what extent the position of the defence in the course of investigations before the Extraordinary Chambers in the Courts of Cambodia (ECCC) is in conformity with fair trial norms and sufficiently robust to ensure high-quality fact-finding. After recalling the general features and structure of the ECCC proceedings at the pre-trial stage, the authors critically assess how the inquisitorial imprint given to the ECCC investigation phase has ultimately affected the rights of the suspects and accused to an effective defence.
Document type Article
Note Part of Symposium: The Extraordinary Chambers in Cambodia: Revisiting the Experiment.
Language English
Published at https://doi.org/10.2139/ssrn.3487567 https://doi.org/10.1093/jicj/mqaa030
Downloads
SSRN-id3487567 (Accepted author manuscript)
mqaa030 (Final published version)
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