ECCC Detention Rules 16 MoI comment 151208

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ťĀċð Kingdom of Cambodia Nation Religion King Ū˝₤У₣ņΉаĩ GgÁCMnMuCRmHvisamBaØkñúgtulakarkm<úCa Ministry of Interior Extraordinary Chambers in the Courts of Cambodia Ministère de l’intérieur Chambres Extraordinaires au sein des Tribunaux Cambodgiens ΒÐĜŎ˝Ţĕ ĮĕĜýũ General Department of Prisons Department général des prisons Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Extraordinary Chambers in the Courts of Cambodia (“Detention Facility Rules”) (Translation from Original Khmer Document) Detention Facility Rules 1 Preamble Rule 1 - Scope of Application Rule 2 - Admission of Detainees Rule 3 - Separation of Detainees Rule 4 - Books and records Rule. 5 - Files of Detainees Rule 6 - Uniforms and Cell Equipment Rule 7 - Provision of Food Rule 8 - Religious Support Rule 9 – Visits/Official visits/Defence team visits Rule 10 – Discipline of Detainees Rule 11 - Health Care Rule 12 – Rosters Rule 13 - Requests and Complaints Rule 14 - Letters and Parcels Rule 15 - Property of Detainees Rule 16 - Emergency Procedures Rule 17 - Report of Incidents Rule 18 - Searches Rule 19 - Death in Custody Rule 20 - Use of Physical Force by detention guards Rule 21 – Movement/Escort of the detainee between the Detention Facility and the Court Building Rule 22 - Security of the ECCC Detention ...

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Publié par	Fiwyug
Nombre de lectures	36
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Detention Facility Rules 1

Kingdom of Cambodia Nation Religion King

    Extraordinary Chambers in the Courts of Cambodia Chambres Extraordinaires au sein des Tribunaux Cambodgiens

Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Extraordinary Chambers in the Courts of Cambodia

 Ministry of Interior Ministère de l’intérieur      General Department of Prisons Department général des prisons

(“Detention Facility Rules”) (Translation from Original Khmer Document)

Preamble Rule 1 - Scope of Application Rule 2 - Admission of Detainees Rule 3 - Separation of Detainees Rule 4 - Books and records Rule. 5 - Files of Detainees Rule 6 - Uniforms and Cell Equipment Rule 7 - Provision of Food Rule 8 - Religious Support Rule 9 – Visits/Official visits/Defence team visits Rule 10 – Discipline of Detainees Rule 11 - Health Care Rule 12 – Rosters Rule 13 - Requests and Complaints Rule 14 - Letters and Parcels Rule 15 - Property of Detainees Rule 16 - Emergency Procedures Rule 17 - Report of Incidents Rule 18 - Searches Rule 19 - Death in Custody Rule 20 - Use of Physical Force by detention guards Rule 21 – Movement/Escort of the detainee between the Detention Facility and the Court Building Rule 22 - Security of the ECCC Detention Facility (Supervision, key and lock control, patrols, entry security, tool control)

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Rule 23 - Use of handcuffs Rule 24 – Transfer of Detainees to other Detention facilities or Prisons Rule 25 – Release of Detainees Rule 26 – Inspection of the ECCC Detention facility Rule 27 - Routine Rule 28 – Media Rule 29 – Discipline of detention guards Rule 30 – Telephone calls

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Preamble ________________ Having consideredthe Agreement between the United Nations and the Ro yal Government of Cambodia Concerning the Prosecution under Cambodian law of Crimes committed during the Period of Democratic Kampuchea, signed on 6 June 2003 (hereinafter referred to as ‘the Agreement’), and particularly Article 24 thereof, Having consideredthe Law on the Establishment of the Extraordinary Chambers in the Courts of Cambodia with inclusion of the amendments as promulgated on 27 October 2004 (hereinafter referred to as ‘the ECCC Law’), and particularly Article 33 new thereof, Having consideredthe Supplementary Agreement between the United Nations and the Royal Government of Cambodia, Ancillary to the Agreement between the United Nations and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed during the Period of Democratic Kampuchea, Regarding Safety and Security, signed on 14 March 2006 (hereinafter referred to as ‘the Supplementary Agreement’), and particularly Article 9 thereof, Having consideredthe Internal Rules of the ECCC, adopted by the Plenary Session of Judges on 12 June 2007 and signed into force no 19 June 2007 (hereinafter referred to as ‘the Internal Rules’), and particularly Rule 10(3) thereof, Having consideredSub-Degree 148 (Anukret) of the Royal Government of Cambodia on the establishment of General Directorate of Pris on under the authority of the Ministry of Interior, signed 19 of December 2006, Having consideredon the Administration of Prisons, signed by the Co-Prakas No. 217 Ministers of the Interior on 31 March 1998 (hereinafter referred to as ‘Prakas 217’), Having considered Prakas 1537 Pro.Kor. on the Establishment of the Provisional Detention Facility for the Extraordinary Chambers i n the Courts of Cambodia (hereinafter referred to as the ECCC Detention Facility), signed on 20 November 2006, Having considered Circular the nNo. 001 of the Ministry of the Interior o Administration and Control of Civil Prisons in the Kingdom of Cambodia, Proclamation No. 217, signed on 31 March 1998, Having consideredthe Prison Procedures issued by the Director of the Department of Prisons in the Ministry of the Interior on 20 May 2003 (hereinafter referred to as ‘Prison Procedures’), Having consideredPrison Health Operating Manual of the Prison Department of the the Ministry of Interior, dated 30 March 2003, Recognizing the need for Rules governing the administration of the detention of detainees awaiting trial or appeal before the Extraordinary Chambers in the Courts of

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Cambodia or otherwise detained on the authority of the Extraordinary Chambers in the Courts of Cambodia, Mindful of the need to ensure respect for human rights and fundamental freedoms in accordance with the International Covenant on Civil and Political Rights, the United Nations Standard Minimum Rules for the Treatment of Detainees and the United Nations Basic Principles for the Treatment of Prisoners, Having acted in accordancewith Article 3(2) of Prakas No. 217 and Art. 4.1. of Prison Procedure No. 31, requiring each Prison Chief to draft local rules and regulations for their prison, and to submit these draft rules to the General Director of the General Department of Prisons in the Ministry of Interior for approval and signature,

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Scope of Application

RULE 1 The application of these rules to individual cases may be varied by order of the ECCC Co-Investigating Judges or the ECCC Chambers.

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RULE 2 Admission of Detainees 1. 2.

A suspect, charged person or detainee before the ECCC shall not be admitted into the ECCC Detention Facility except where an order for police custody has been issued by the Co-Prosecutors, the Co-Investigating Judges or an ECCC Chamber, as appropriate, or a detention order or arrest and detention order has been issued by the Co-Investigating Judges or Chambers. The Chief of Detention or the person acting in that position during the absence of the Chief of Detention, hereafter together referred to as the “Chief of Detention” shall maintain the Official Register of Detainees and is to record the , admission of all detainees. Such record shall include: - name, any other names used by the detainee,the detainee’s official date of birth, the place of birth, gender, nationality, ethnicity and religion, picture of detainee, fingerprints of detainee; - the date of arrest, who issued the order for police custody, detention warrant or arrest and detention warrant, date of such order; - the date and time of admission to the ECCC Deten tion Facility; - The name of his or her lawyer or defence team, i f known; - Relatives and next of kin; The Chief of Detention supervising the admissio n of detainees into the ECCC Detention Facility is to: 3.1 check that the lawful order referred to in Rule 2.1 relates to the person being admitted into the ECCC Detention Facility; 3.2 open a personal file and a Personal Property fi le for the detainee by writing the detainee’s details in ink on the front of the new detainee’s file; in accordance with Rules 4 and 5. 3.3 ensure the detainee is searched carefully befor e being admitted to the ECCC Detention Facility; 3.4 search the detainee’s personal property and accurately write each item on the detainee’s Personal Property file and a receipt of retained materials, in accordance with Rule 15 (Property of Detainees). Ensure the detainee signs or finger prints his Personal Property file and the receipt to indicate that the property has been accurately recorded. Any medication is to be checked by the Medical Unit, who shall decide if it is to be given to the detainee; 3.5 give a copy of the receipt of retained materials to the detainee; 3.6 provide the detainee with the required cell equipment in accordance with Rule 6 (Cell Equipment); 3.7 photograph the detainee, taking a left/front a nd right view of the detainee’s head and shoulders. Place the photographs in the detainee’s personal file;

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3.8 check and record any obvious injuries to the detainee and report these to the Medical Unit; 3.9 assign the detainee a cell and ensure that the detainee is escorted to this cell; 3.10 write the new detainee’s name in the Cell Coun t Record Book of the ECCC Detention Facility; 3.11 ensure that male and female detainees are acc ommodated separately. The Chief of Detention upon admission of a detainee, shall do the following: 4.1 ensure the Medical Unit of the ECCC (hereinafter referred to as the Medical Unit) sees and examines the detainee upon arrival at the Detention Facility. The Medical Unit shall prepare two reports, and submit them to the Chief of Detention, stating whether the detainee is fit to be held in detention; 4.1.1 The first report shall include personal data on the detainee and, describe any visible injuries that he or she has. The injuries are to be described as fully as possible and the stage of healing estimated. A photo may be taken. A copy of the medical report is to be placed on the detainee’s medical file. 4.1.2 The second report shall be established after a medi cal examination carried out as soon as possible and in any event before the Initial Appearance, for medical conditions and past personal/family medical history. 4.2 if requested by the detainee, he or she is allowed to see a lawyer, as soon as practicable, subject to the procedure on visit rights of lawyers; 4.3 allow the detainee to inform his or her family or relatives of the detention as soon as practicable but within 48 hours. 4.4 the detainee is immediately provided with infor mation on his or her rights, a copy of the Detention Facility Rules, the authorised methods for seeking information or making complaints and a comp laints form. Provision of such information can be verbal or written but must be in a form or language that the detainee understands;

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RULE 3 Separation of Detainees 1.1 When implementing orders of the Co-Investigating Judges or the Chambers, as appropriate, the Chief of Detention shall inform the General Director of the General Department of Prisons, and the ECCC Director and Deputy Director of the Office of Administration, who shall in turn inform the Co-Prosecutors and the assigned defence team, of the implementation of the order. 1.2 The Chief of Detention, in an emergency situation, may decide on the separation of a detainee from other detainees if he considers it necessary in the circumstances and shall inform the General Director of the General Department of Prisons, the ECCC Director and Deputy Director o f the Office of Administration, who shall in turn inform the Co-Investigating Judges or the Chambers, as appropriate, as well as the Co-Prosecutors and the assigned defence team. 1.3 A separated detainee should be medically assessed on a daily basis. Should the medical assessment indicate that the separation should not continue, the Co-Investigating Judges or the Chambers, as appropriate, shall be informed and make a decision on the detainee’s future detention conditions. The Chief of Detention shall inform the General Director of the General Department of Prisons, the Director and Deputy-Director of the Office of Administration, who shall in turn inform the Co-Prosecutors and the assigned defence team. 1.4 Detainees who have been separated are to retain their rights as stated in the Proclamation on the Administration of Prisons.

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RULE 4 Books and Records 1. The Chief of Detention shall maintain the following books and records: - Cell Count Record Book; - Detention Register of Visits; Official Visitor Record Book; -- Defence Visit Record Book; - Official Register of Detainees; - Personal file for each detainee; - Medical file for each detainee; - Detention Health Report Book; - Register of Requests and Complaints; - Register of Letters and Parcels; Personal Property file for each detainee; -- Daily Detainee Record Book; - Manipulation of detainee’s file register; - Report Incidents Form; and - Telephone call register. 2. The Chief of Detention will check all books and records periodically. The Co-Investigating Judges and the Chambers, as appropriate, can inspect these books and records and make copies as they consider necess ary. Any confidential information copied from these books and records shall be destroyed after use or placed in the case file.

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RULE 5 Files of Detainees 1. 2. 3.

4. 5. 6.

The Chief of Detention shall ensure that a personal file is kept for each detainee, and that all documentation relating to the detention of a person in the ECCC Detention Facility is placed on the detainee’s personal file. Medical reports shall be placed on the detainee’s separate Medical file. New file covers will be provided by the General Department of Prisons on request. The Chief of Detention shall ensure that a detainee’s personal details, behaviour in the ECCC Detention Facility and other relevant information is written in ink on the front cover of that detainee’s personal file, and photographs of the detainee are fixed to the inside cover. The Chief of Detention shall ensure that personal files of detainees of the ECCC Detention Facility are kept in a secure location at the ECCC Detention Facility. Medical files shall be kept in the premises of the Medical Unit. A record shall be kept of any file removed from the ECCC Detention Facility, other than files of detainees who are transferred, released or have died (Manipulation of detainee’s file register). This record is to include the detainee’s name, the name of the person taking the file, the reason for taking the file and the time and date. The person taking the file shall sign the record and the date of return shall be indicated in the record. The Chief of Detention shall ensure that when a detainee is transferred to another detention facility, relevant file and medical reports are delivered to that detention facility by the officer in charge of the transfer. The Chief of Detention shall ensure that when a detainee is released or if a detainee dies, the detainee’s personal file and any medical reports are copied and forwarded to the Director and Deputy Director of the Office of Administration of the ECCC and the originals forwarded to the General Director of the General Department of Prisons for safe keeping. Information contained in a detainee’s personal f ile is confidential. They shall not be disclosed to any other person, except as pro vided below. In such circumstances, the detainee shall be informed of the disclosure of his or her personal file. 6.1 persons with a statutory right to have the information; 6.2 the Co-Prosecutors and the assigned defence team; 6.3 the detainee concerned, unless the Co-Investiga ting Judges or the Chambers, as appropriate, consider that the information may endanger the safety of another person or unless the Chief of Detention considers that such access could affect the security and good order of the ECCC Detention Facility. Reasons for any denial of access shall be provided in writing to the detainee; 6.4 the Chief of Detention and authorized detention guards; Detention Facility Rules 11