Rule 34

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Rule 34. Recusal and Disqualification of Judges
(ECCC Internal Rules, amended on 23 February 2011)

1. A judge may recuse him/herself in any case in which he or she has, or has had, a personal or financial interest, or concerning which the Judge has, or has had, an association which objectively might affect his or her impartiality, or objectively give rise to the appearance of bias. A Co-Investigating Judge who recuses him or herself shall notify the President of the Pre-Trial Chamber. In any other case the judge in question shall notify the Chamber in which he or she is sitting. The Judge in question shall immediately cease to participate in the judicial proceedings.

2. Any party may file an application for disqualification of a judge in any case in which the Judge has a personal or financial interest or concerning which the Judge has, or has had, any association which objectively might affect his or her impartiality, or objectively give rise to the appearance of bias.

3. A party who files an application for disqualification of a judge shall clearly indicate the grounds and shall provide supporting evidence. The application shall be filed as soon as the party becomes aware of the grounds in question.

4. To be admissible an application must be submitted:
a) against a Co-Investigating Judge, before the Closing Order;

b) against a Pre-Trial Chamber Judge, before its final decision in a particular case;

c) against a Trial Chamber Judge, concerning matters arising before the trial, at the latest at the initial hearing; or concerning matters arising during trial or of which the parties were unaware before the trial, before the final judgment in the case; or

d) against a Supreme Court Chamber Judge, concerning matters arising before the appeal, at the beginning of the appellate proceedings; or concerning matters arising during the appellate proceedings or of which the parties were unaware before the start of the appeal, before the final decision on the appeal.

5. An application for disqualification of a Co-Investigating judge shall be submitted to the Pre-Trial Chamber. In any other case it shall be submitted to the Chamber in which the judge in question is sitting. The Judge in question may continue to participate in the judicial proceedings pending a decision. However, he or she may decide to step down voluntarily at any point in the following proceedings.

6. A sitting Judge shall be replaced in the Chamber by a reserve judge for the purposes of the application only. If, due to multiple disqualification applications, it is impossible to convene a Chamber to hear the applications, the Judicial Administration Committee shall choose additional judges from amongst the ECCC judges.

7. The Judge shall be entitled to present written submissions to the Chamber within 10 (ten) days of his or her receipt of the application, through its President. The application for disqualification of the Judge, along with the submissions by the Judge, shall be considered by the Chamber Judges, who shall vote on the matter, and hand down a written decision in the absence of the judge in question and the applicant.

8. Such applications may be heard by remote means where necessary. The order of the Chamber shall be notified to the parties and the judge in question by the Greffier of the Chamber, and shall be not open to appeal.

9. Any act done before the determination of an application for disqualification shall be deemed to be valid.

10. If the Chamber decides to disqualify a Judge, a reserve Judge shall be appointed to sit in his or her place. Where, due to multiple disqualifications, there are insufficient reserve judges to convene a Chamber, new judges may be appointed as provided in Articles 10 new and 11 new of the ECCC Law and Article 3 of the Agreement. Where an application is rejected, no further application shall be admissible on the same grounds unless such ground reoccurs after the first decision was made.

11. If the required majority is not achieved by the Chamber, the default decision shall be that the application is rejected.

IENG Sary’s Rule 34 Application for Disqualification of Judge Cartwright or, in the alternative, Request For Instruction and Order to Cease Ex Parte Communications and Request for Disclosure of Ex Parte Communications

Date: 27 April 2012

Decision on IENG Thirith, NUON Chea and IENG Sary’s Applications for Disqualification of Judges NIL Nonn, Silvia CARTWRIGHT, YA Sokhan, Jean-Marc LAVERGNE and THOU Mony

Date: 23 March 2011

Summary of IENG Sary’s Reply to the Co-Prosecutors’ Joint Response to IENG Thirith, IENG Sary and NUON Chea’s Applications for Disqualification of the Judges

Date: 11 March 2011

IENG Sary’s request for clarification as to how the Trial Chamber intends to act upon parties’ motions in light of the applications to disqualify the entire Trial Chamber

Date: 9 March 2011

IENG Sary’s Support to IENG Thirith and NUON Chea’s Applications for Disqualification of the Trial Chamber Judges and Joinder to IENG Thirith’s Application for the Trial Chamber to be Replaced

Date: 24 February 2011

Decision on IENG Sary’s application to disqualify Judge NIL Nonn and related requests

Date: 28 January 2011

Summary of Steps the Defence Has Taken Upon Learning that Judge Nil Nonn has Purportedly Admitted to Taking Bribes

Date: 14 January 2011

IENG Sary’s Application to Disqualify Judge Nil Nonn for his Purported Admission to Accepting Bribes & Request for Public Hearing or Leave to Reply

Date: 14 January 2011

Summary of Request for Investigative Action Regarding IENG Sary’s Application to Disqualify Judge Nil Nonn for Purportedly Admitting to Accepting Bribes by Requesting or Ordering Filmmaker Amanda Pike to Disclose the Video Footage of her Interview with Judge Nil Nonn and his Signed Release Form

Date: 17 September 2010

Summary of Application to Disqualify Judge Nil Nonn due to his Purported Admission that he has Accepted Bribes & Request for a Public Hearing or in the Alternative for Leave to Reply to any Submissions Presented by Judge Nil Nonn in Response to this Application

Date: 17 September 2010