'Rights during trial - burden of proof' in document 'Cambodia - Law on establishment of Extraordinary Chambers'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 X – TRIAL PROCEEDINGS OF THE EXTRAORDINARY CHAMBERS

Article 35 new

In determining charges against the accused, the accused shall be equally entitled to the following minimum guarantees, in accordance with Article 14 of the International Covenant on Civil and Political Rights.

g. not to be compelled to testify against themselves or to confess guilt.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal