Civil Society's Recommendations to the PTC

Recommendations Regarding Additional Transparency at the Extraordinary Chambers of the Courts of Cambodia (ECCC)
Submitted by members of Civil Society and
Members of the Cambodian Press
March 24, 2008

Excerpt

Information regarding Pre-Trial Chamber proceedings. The Internal Rules of the ECCC provide that appeals and proceedings before the Pre-Trial Chamber are confidential unless the court makes an affirmative decision to open a proceeding to the public (Internal Rules, Rule 77 (6)). We request that the court consider the following steps to increase information available to the public about the work of this chamber:
Amend the Internal Rules to provide that hearings of the Pre-Trial Chamber and pleadings filed in connection with such proceedings are public absent a finding that confidentiality is necessary to meet a legitimate right of a party and then provide confidentiality only to the extent necessary to protect that right.
If the Internal Rules are not amended as suggested, provide the public with access to proceedings whenever and to the extent it does not interfere with a specific interest in confidentiality. To the extent proceedings are held in secrete, provide a brief explanation of the reason.
Provide clear guidelines in amended practice directives for publication of pleadings filed in connection with proceeding of the Pre-Trial Chamber which ensure that pleadings are kept confidential or redacted only to the extent necessary to protect a legitimate confidentiality need.