The Right to an Effective Defence During ECCC Investigations

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.